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2 III

Contents Federal Register Vol. 62, No. 78

Wednesday, April 23, 1997

Agricultural Marketing Service Defense Department RULES See Army Department Onions grown in— See Navy Department Texas, 19667–19668 NOTICES Meetings: Agriculture Department Science Board task forces, 19741 See Agricultural Marketing Service See Cooperative State Research, Education, and Extension Education Department Service NOTICES See Federal Crop Insurance Corporation Grants and cooperative agreements; availability, etc.: See Grain Inspection, Packers and Stockyards Indian education programs— Administration Indian Tribes and Hawaiian Natives library services program, 19741–19742 Army Department NOTICES Employment and Training Administration Environmental statements; availability, etc.: NOTICES Base realignment and closure— Federal-State unemployment compensation program: Vint Hill Farms Station, VA, 19741 Unemployment insurance program letters— Federal unemployment insurance law interpretation, Commerce Department 19813–19814 See Export Administration Bureau See International Trade Administration Energy Department See National Oceanic and Atmospheric Administration RULES See Energy Efficiency and Renewable Energy Office Legal proceedings: See Federal Energy Regulatory Commission Employee indemnification; policy and procedures statement, 19668–19670 Energy Efficiency and Renewable Energy Office NOTICES PROPOSED RULES Agency information collection activities: Energy conservation: Submission for OMB review; comment request, 19735– Private and local government fleets; alternative fueled 19736 vehicle acquisition requirements; withdrawn, 19701– 19702 Committee for the Implementation of Textile Agreements NOTICES NOTICES Consumer product test procedures; waiver petitions: Cotton, wool, and man-made textiles: Fireplace Manufacturers Inc., 19742–19744 Dominican Republic, 19738 Korea, 19738–19739 Environmental Protection Agency Sri Lanka, 19739 RULES Textile consultation; review of trade: Air programs; State authority delegations: Mexico and Canada, 19739–19740 California, 19679–19682 Air quality implementation plans; approval and Cooperative State Research, Education, and Extension promulgation; various States: Service District of Columbia et al., 19676–19679 NOTICES Minnesota, 19674–19676 Agency information collection activities: Pesticides; tolerances in food, animal feeds, and raw Proposed collection; comment request, 19868–19870 agricultural commodities: Kaolin, 19683–19685 Corporation for National and Community Service PROPOSED RULES NOTICES Air quality implementation plans; approval and Agency information collection activities: promulgation; various States: Submission for OMB review; comment request, 19740 District of Columbia et al., 19719–19720 National Civilian Community Corps: Minnesota, 19719 Campus locations, 19740–19741 NOTICES Federal regulatory review: Customs Service Regulatory reinvention pilot programs (Project XL); PROPOSED RULES guidance modification and proposals solicitations, North American Free Trade Agreement Implementation 19872–19882 Act: Meetings: Recordkeeping requirements, 19704–19719 Effluent Guidelines Task Force, 19746–19747 NOTICES Pesticide programs: Agency information collection activities: Pesticide data submitters list— Proposed collection; comment request, 19855–19857 Availability, 19747 IV Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Contents

Pesticide registration, cancellation, etc.: Federal Maritime Commission Super Blue Dragon Garden Dust 5% Sevin, etc., 19747– NOTICES 19750 Agreements filed, etc., 19761 Superfund; response and remedial actions, proposed Freight forwarder licenses: settlements, etc.: Celadon-Jacky Maeder Co. et al., 19761 Wells Metal Finishing Site, MA, 19750–19751 Century Express et al., 19761–19762 Toxic and hazardous substances control: Chemical testing— Federal Railroad Administration Conditional exemptions, 19751 NOTICES Exemption petitions, etc.: Executive Office of the President Union Pacific Railroad et al., 19851–19853 See Presidential Documents Federal Reserve System Export Administration Bureau NOTICES NOTICES Banks and bank holding companies: Meetings: Formations, acquisitions, and mergers, 19762 Regulations and Procedures Technical Advisory Meetings; Sunshine Act, 19762 Committee, 19736 Federal Trade Commission Federal Communications Commission PROPOSED RULES RULES Industry guides: Common carrier services: Private vocational schools, 19703–19704 Telephone Consumer Protection Act of 1991; Fish and Wildlife Service implementation— NOTICES Facsimile broadcast service provider; facsimile Endangered and threatened species: identification information, 19686 NOTICES Recovery plans— Agency information collection activities: Grizzly bear, 19777–19778 Proposed collection; comment request, 19751–19752 Food and Drug Administration Submission for OMB review; comment request, 19752– 19753 NOTICES Applications, hearings, determinations, etc.: Meetings: Turro, Gerard A., et al., 19753–19754 Biological Response Modifiers Advisory Committee, 19764–19765 Medical Devices Advisory Committee, 19765–19767 Federal Crop Insurance Corporation Nonprescription Drugs Advisory Committee, 19763 PROPOSED RULES Peripheral and Central Nervous System Drugs Advisory Crop insurance regulations: Committee, 19763–19764 Potatoes, 19691–19701 Reports; availability, etc.: Positron emission tomography drug products; guidance, Federal Emergency Management Agency 19767–19768 NOTICES Disaster and emergency areas: Foreign Assets Control Office Arkansas, 19754, 19754 RULES Indiana, 19754–19755 Federal Republic of Yugoslavia (Serbia and Montenegro) Minnesota, 19755 and Bosnian Serb-controlled areas of Republic of Bosnia and Herzegovina sanctions regulations: Federal Energy Regulatory Commission Blocked Yugoslav vessels; claims resolution, etc., 19672– NOTICES 19673 Environmental statements; availability, etc.: Iranian transactions regulations: Hisanori Morimoto, 19746 Foreign affiliates’ oil-related transactions; reporting Warm Creek Hydro Inc. et al.; correction, 19746 requirement, 19670–19672 Applications, hearings, determinations, etc.: PECO Energy Co. et al., 19744–19745 General Services Administration Power Authority of State of New York, 19746 PROPOSED RULES Soyland Power Cooperative, Inc., 19745 Federal property management: Wisconsin Electric Power Co., 19745 Aviation, transportation, and motor vehicles— Freight and household goods transportation and traffic Federal Financial Institutions Examination Council management activities; procedural and policy NOTICES changes, 19720–19723 Appraisal subcommittee; appraisal policy; temporary practice and reciprocity; policy statement, 19755– Grain Inspection, Packers and Stockyards Administration 19761 NOTICES Stockyards; posting and deposting: Federal Highway Administration Dinky’s, Inc., IN, et al., 19735 NOTICES Environmental statements; notice of intent: Health and Human Services Department Clark County, NV, 19850–19851 See Food and Drug Administration Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Contents V

See Health Resources and Services Administration Land Management Bureau See Substance Abuse and Mental Health Services NOTICES Administration Coal leases, exploration licenses, etc.: NOTICES Wyoming; correction, 19778 Agency information collection activities: Fire management and suppression activities: Proposed collection; comment request, 19762–19763 Wyoming, 19778–19779 Realty actions; sales, leases, etc.: Health Resources and Services Administration Oregon, 19779–19780 NOTICES Grants and cooperative agreements; availability, etc.: Minerals Management Service Human immunodeficiency virus (HIV)— NOTICES Comprehensive primary health care services, 19768– Outer Continental Shelf operations: 19770 Alaska OCS— Rural telemedicine program, 19770–19776 Lease sales, 19781–19807 Leasing systems, 19808 Housing and Urban Development Department National Credit Union Administration NOTICES PROPOSED RULES Agency information collection activities: Credit unions: Proposed collection; comment request, 19776–19777 Credit union service organizations, 19702–19703 Grants and cooperative agreements; availability, etc.: Federal credit unions bylaws and Federal credit union Youthbuild program, 19860–19866 standard bylaw amendments; revision, 19702 Indian Affairs Bureau National Oceanic and Atmospheric Administration NOTICES RULES Agency information collection activities: Fishery conservation and management: Proposed collection; comment request, 19778 Alaska; fisheries of Exclusive Economic Zone— High seas salmon, 19686–19690 Interior Department PROPOSED RULES See Fish and Wildlife Service Fishery conservation and management: See Indian Affairs Bureau Caribbean, Gulf, and South Atlantic fisheries— See Land Management Bureau Gulf of Mexico and South Atlantic coastal migratory See Minerals Management Service pelagic resources, 19733–19734 See National Park Service Snapper grouper and black sea bass, 19732–19733 See Surface Mining Reclamation and Enforcement Office Magnuson Act provisions, 19723–19732 NOTICES Internal Revenue Service Marine mammals: NOTICES Incidental taking; authorization letters, etc.— Organization, functions, and authority delegations: Seneca Resources Corp. et al., 19737–19738 Assistant Commissioner (International) et al., 19857 National Park Service NOTICES International Trade Administration Concession contract negotiations: PROPOSED RULES Santa Barbara City Harbor to Channel Islands National Uruguay Round Agreements Act (URAA): Park, CA; boat transportation service, 19808 Antidumping and countervailing duties, conformance Ventura Harbor to Channel Islands National Park, CA; and Federal regulatory review, 19719 boat transportation service, 19808–19809 NOTICES Environmental statements; availability, etc.: North America Free Trade Agreement (NAFTA); binational Mojave National Preserve, CA and NM, 19809–19810 panel review: Santa Rosa Island, Channel Islands National Park, CA, Fresh cut flowers from— 19809 Mexico, 19736–19737 Meetings: National Capital Memorial Commission, 19810 Justice Department NOTICES National Transportation Safety Board Pollution control; consent judgments: NOTICES Big Apple Wrecking Corp. et al., 19811 Meetings; Sunshine Act, 19816 Kennecott Greens Creek Mining Co., 19811 Kennecott Holdings Corp. et al., 19812 Navy Department Kerr-McGee Chemical Corp., 19812 RULES Navigation, COLREGS compliance exemptions: Labor Department USS Coronado, 19673–19674 See Employment and Training Administration See Occupational Safety and Health Administration Nuclear Regulatory Commission See Pension and Welfare Benefits Administration NOTICES NOTICES Operating licenses, amendments; no significant hazards Agency information collection activities: considerations; biweekly notices, 19825–19845 Submission for OMB review; comment request, 19812– Petitions; Director’s decisions: 19813 Consumers Power Co. et al., 19820–19823 VI Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Contents

Applications, hearings, determinations, etc.: Railroad operation, acquisition, construction, etc.: 21st Century Technologies, Inc., 19816–19818 Wisconsin Central Ltd., 19854 Army Department; Watertown Arsenal, MA, 19824–19825 Carolina Power & Light Co., 19818–19820 Textile Agreements Implementation Committee See Committee for the Implementation of Textile Occupational Safety and Health Administration Agreements NOTICES Reporting and recordkeeping requirements, 19815 Transportation Department Pension and Welfare Benefits Administration See Federal Highway Administration NOTICES See Federal Railroad Administration Meetings: See Surface Transportation Board Employee Welfare and Pension Benefit Plans Advisory See Transportation Statistics Bureau Council, 19815–19816 Transportation Statistics Bureau Presidential Documents NOTICES PROCLAMATIONS Agency information collection activities: Special observances Proposed collection; comment request, 19854–19855 Organ and Tissue Donor Awareness Week, National (Proc. 6992), 19891–19892 Park Week, National (Proc. 6994), 19895–19896 Treasury Department Wildlife Week, National (Proc. 6993), 19893–19894 See Customs Service EXECUTIVE ORDERS See Foreign Assets Control Office Committees; establishment, renewal, termination, etc.: See Internal Revenue Service Environmental Health Risks and Safety Risks to Children, Task Force on (EO 13045), 19885–19888 Veterans Affairs Department NOTICES Public Health Service Meetings: See Food and Drug Administration Minority Veterans Advisory Committee, 19857–19858 See Health Resources and Services Administration Persian Gulf Expert Scientific Committee, 19858 See Substance Abuse and Mental Health Services Administration Securities and Exchange Commission Separate Parts In This Issue NOTICES Intermarket Trading System; plan amendments, 19846– Part II 19849 Department of Housing and Urban Development, 19860– Applications, hearings, determinations, etc.: 19866 Donnelly Corp., 19845–19846 Part III Social Security Administration Department of Agriculture, Cooperative State Research, NOTICES Education, and Extension Service, 19868–19870 Agency information collection activities: Proposed collection; comment request, 19849 Privacy Act: Part IV Computer matching programs, 19849–19850 Environmental Protection Agency, 19872–19882

State Department Part V NOTICES The President, 19885–19888 Arms Export Control Act; determinations, 19850 Substance Abuse and Mental Health Services Part VI Administration The President, 19891–19896 NOTICES Meetings: SAMHSA special emphasis panels, 19776 Reader Aids Additional information, including a list of public laws, Surface Mining Reclamation and Enforcement Office telephone numbers, reminders, and finding aids, appears in NOTICES the Reader Aids section at the end of this issue. Agency information collection activities: Proposed collection; comment request, 19810–19811 Surface Transportation Board Electronic Bulletin Board NOTICES Free Electronic Bulletin Board service for Public Law Motor carriers: numbers, Federal Register finding aids, and a list of Service pooling agreements— documents on public inspection is available on 202–275– Capital Motor Lines et al., 19853–19854 1538 or 275–0920. Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 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.

3CFR Proclamations: 6992...... 19891 6993...... 19893 6994...... 19895 Executive Orders: 12606 (Revoked by EO 13045)...... 19885 13045...... 19885 7 CFR 959...... 19667 Proposed Rules: 422...... 19691 457...... 19691 10 CFR Proposed Rules: 490...... 19701 12 CFR Proposed Rules: Ch. VII...... 19702 701...... 19702 712...... 19702 740...... 19702 15 CFR 15...... 19668 15a...... 19668 15b...... 19668 16 CFR Proposed Rules: 254...... 19703 19 CFR Proposed Rules: 24...... 19704 111...... 19704 143...... 19704 162...... 19704 163...... 19704 351...... 19719 31 CFR Ch. V...... 19672 560...... 19670 585...... 19672 32 CFR 706...... 19673 40 CFR 52 (2 documents) ...... 19674, 19676 60...... 19679 61...... 19679 180...... 19682 Proposed Rules: 52 (2 documents) ...... 19719 41 CFR Proposed Rules: 101±40...... 19720 47 CFR 64...... 19685 68...... 19685 50 CFR 674...... 19686 679...... 19686 Proposed Rules: 600...... 19723 622 (2 documents) ...... 19732, 19733 19667

Rules and Regulations Federal Register Vol. 62, No. 78

Wednesday, April 23, 1997

This section of the FEDERAL REGISTER Office of the Docket Clerk during regular district in which the handler is an contains regulatory documents having general business hours. inhabitant, or has his or her principal applicability and legal effect, most of which FOR FURTHER INFORMATION CONTACT: place of business, has jurisdiction to are keyed to and codified in the Code of Belinda G. Garza, McAllen Marketing review the Secretary’s ruling on the Federal Regulations, which is published under petition, provided an action is filed not 50 titles pursuant to 44 U.S.C. 1510. Field Office, Marketing Order Administration Branch, F&V, AMS, later than 20 days after date of the entry The Code of Federal Regulations is sold by USDA, 1313 E. Hackberry, McAllen, of the ruling. the Superintendent of Documents. Prices of Texas 78501; telephone: (210) 682– Due to record amounts of rainfall in new books are listed in the first FEDERAL 2833, Fax # (210) 682–5942; or James B. the last 40 days, South Texas growers REGISTER issue of each week. Wendland, Marketing Specialist, have had difficulty harvesting their Marketing Order Administration onions. Normally, 11⁄2 to 2 million 50- Branch, F&V, AMS, USDA, room 2525– lb. equivalents of onions have been DEPARTMENT OF AGRICULTURE S, P.O. Box 96456, Washington, DC shipped by April 15, but this year only approximately 1⁄2 million were shipped Agricultural Marketing Service 20090–6456: telephone: (202) 720–2170, Fax # (202) 720–5698. Small businesses by that date. 7 CFR Part 959 may request information on compliance Currently, Section 959.322 of the with this regulation by contacting: Jay order prohibits the packaging and [Docket No. FV97±959±1 IFR] Guerber, Marketing Order loading of onions on Sundays during the March 1 through May 20 period Onions Grown in South Texas; Administration Branch, Fruit and each season. This restriction was Amendment of Sunday Packing and Vegetable Division, AMS, USDA, P.O. implemented to contribute to orderly Loading Prohibitions Box 96456, room 2525–S, Washington, DC 20090–6456; telephone (202) 720– marketing conditions. However, the AGENCY: Agricultural Marketing Service, 2491; Fax # (202) 720–5698. industry indicates that, since the advent USDA. SUPPLEMENTARY INFORMATION: This rule of the heavy rains, all onions must be ACTION: Interim final rule with request is issued under Marketing Agreement dried in mechanical dryers prior to for comments. No. 143 and Marketing Order No. 959 (7 packing. This has disrupted the normal CFR part 959), as amended, regulating pattern of harvesting, packing and SUMMARY: This interim final rule the handling of onions grown in South loading. Growers cannot harvest more amends, for the remainder of the 1997 Texas, hereinafter referred to as the onions until the dryers are emptied. The period, the regulation under the South ‘‘order.’’ This order is effective under dryers can not be emptied if onions are Texas onion marketing order which the Agricultural Marketing Agreement unable to be packed and shipped each specifies that no handler may package Act of 1937, as amended (7 U.S.C. 601– day of the week. or load onions on Sunday during the 674), hereinafter referred to as the The Committee met on April 16 and, period March 1 through May 20 to ‘‘Act.’’ by telephone vote, unanimously remove the prohibition. The order The Department of Agriculture recommended revising the current regulates the handling of onions grown (Department) is issuing this rule in handling regulation to remove the in South Texas and is administered conformance with Executive Order restriction on packing and loading locally by the South Texas Onion 12866. onions on Sundays. This action will Committee (Committee). The Committee This rule has been reviewed under provide handlers with greater flexibility unanimously recommended the change Executive Order 12988, Civil Justice and additional time to prepare the to increase supplies of South Texas Reform. This rule is not intended to onions for market. onions in the marketplace. Recent heavy have retroactive effect. This rule will If this action is not taken, crop losses rainfall in the production area has not preempt any State or local laws, will be significant. The cessation in prevented handlers from packing and regulations, or policies, unless they harvesting activity will result in loading enough onions to meet buyer present an irreconcilable conflict with increased unemployment among onion needs. this rule. field workers and employees at DATES: Effective April 19, 1997; The Act provides that administrative handlers’ facilities. In addition, reduced comments received by May 23, 1997 proceedings must be exhausted before supplies would likely result in will be considered prior to issuance of parties may file suit in court. Under consumers paying higher prices for a final rule. section 608c(15)(A) of the Act, any these onions. ADDRESSES: Interested persons are handler subject to an order may file Thus, this rule relaxes requirements invited to submit written comments with the Secretary a petition stating that by modifying language in the order’s concerning this rule. Comments must be the order, any provision of the order, or handling regulation, as authorized by sent in triplicate to the Docket Clerk, any obligation imposed in connection § 959.52 of the order, to allow Sunday Fruit and Vegetable Division, AMS, with the order is not in accordance with packing and loading of such onions USDA, room 2525-S, P.O. Box 96456, law and request a modification of the during the remainder of the 1997 Washington, DC 20090–6456, Fax # order or to be exempted therefrom. A period. (202) 720–5698. All comments should handler is afforded the opportunity for Pursuant to requirements set forth in reference the docket number and the a hearing on the petition. After the the Regulatory Flexibility Act (RFA), the date and page number of this issue of hearing the Secretary would rule on the Agricultural Marketing Service (AMS) the Federal Register and will be made petition. The Act provides that the has considered the economic impact of available for public inspection in the district court of the United States in any this action on small entities. 19668 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations

Accordingly, AMS has prepared this consumers paying higher prices for all comments timely received will be initial regulatory flexibility analysis. these onions. considered prior to finalization of this The purpose of the RFA is to fit While the level of benefits of this rule. regulatory actions to the scale of rulemaking are difficult to quantify, the List of Subjects in 7 CFR Part 959 business subject to such actions in order stabilizing effects of the relaxation in that small businesses will not be unduly the packing and loading regulation Marketing agreements, Onions, or disproportionately burdened. impact both small and large handlers Reporting and recordkeeping Marketing orders issued pursuant to the positively by helping them maintain requirements. Act, and rules issued thereunder, are markets even though onion harvesting For the reasons set forth in the unique in that they are brought about and packing conditions have fluctuated preamble, 7 CFR part 959 is amended as through group action of essentially widely this season. follows: small entities acting on their own There are some reporting, behalf. Thus, both statutes have small recordkeeping and other compliance PART 959ÐONIONS GROWN IN entity orientation and compatibility. requirements under the marketing order. SOUTH TEXAS There are 36 handlers of South Texas The reporting and recordkeeping burdens are necessary for compliance 1. The authority citation for 7 CFR onions who are subject to regulation part 959 continues to read as follows: under the order and approximately 60 purposes and for developing statistical producers in the regulated area. Small data for maintenance of the program. Authority: 7 U.S.C. 601–674. agricultural service firms, which The forms require information which is 2. In § 959.322, the introductory includes handlers, have been defined by readily available from handler records paragraph is revised to read as follows: the Small Business Administration (13 and which can be provided without data CFR 121.601) as those having annual processing equipment or trained § 959.322 Handling regulation. receipts of less than $5,000,000, and statistical staff. As with other, similar During the period beginning March 1 marketing order programs, reports and small agricultural producers are defined and ending June 15, no handler shall forms are periodically studied to reduce as those having annual receipts of less handle any onions unless they comply or eliminate duplicate information than $500,000. The majority of handlers with paragraphs (a) through (d) or (e) or collection burdens by industry and and producers of South Texas onions (f) of this section. In addition, no public sector agencies. This interim may be classified as small entities. handler may package or load onions on final rule does not change those Committee meetings are widely Sunday during the period March 1 requirements. through May 20, except during the publicized in advance and are held in The Department has not identified a location central to the production area. period April 20, 1997, through May 20, any relevant Federal rules that 1997. The meetings are open to all industry duplicate, overlap, or conflict with this members (including small business regulation. * * * * * entities) and other interested persons— A 30-day comment period is provided Dated: April 18, 1997. who are encouraged to participate in the to allow interested persons to respond Robert C. Keeney, deliberations and voice their opinions to this interim final rule. All written Director, Fruit and Vegetable Division. on topics under discussion. Thus, comments received within the comment [FR Doc. 97–10570 Filed 4–18–97; 4:19 pm] Committee recommendations can be period regarding this action or its effect BILLING CODE 3410±02±P considered to represent the interests of on small business entities will be small business entities in the industry. considered prior to finalization of this Many years of marketing experience interim final rule. DEPARTMENT OF COMMERCE led to the development of the current After consideration of all relevant shipping and packing procedures. These material presented, including the Office of the Secretary procedures have helped the industry Committee’s recommendation, and address marketing problems by keeping other information, it is found that this 15 CFR Parts 15, 15a, and 15b supplies and movement of packed interim final rule, as hereinafter set [Docket No. 970416092±7092±01] onions in balance with market needs, forth, will tend to effectuate the and strengthening market conditions. declared policy of the Act. RIN 0690±XX03 However, the recent heavy rains have Pursuant to 5 U.S.C. 553, it is also Statement of Policy and Procedures disrupted the normal pattern of found and determined upon good cause Regarding Indemnification of harvesting, packing and loading and all that it is impracticable, unnecessary, Department of Commerce Employees onions must now be dried in and contrary to the public interest to mechanical dryers prior to packing. give preliminary notice prior to putting AGENCY: Department of Commerce. Growers cannot harvest more onions this rule into effect and that good cause ACTION: Final rule. until the dryers are emptied and dryers exists for not postponing the effective can not be emptied if onions are unable date of this rule until 30 days after SUMMARY: This final rule adds a to be packed and shipped each day of publication in the Federal Register statement of policy and procedures the week. because: (1) Record rainfall in the South regarding indemnification of The Committee considered not Texas production area necessitates Department of Commerce employees. relaxing the regulation for the remainder emergency rulemaking and making this During the 1980s, largely in response to of the season, but felt that would result action effective on the date specified; (2) the flood of Bivens type lawsuits, Bivens in significant crop losses. The this rule relaxes requirements on v. Six Unknown Named Agents of the Committee also felt that a cessation in regulated handlers; (3) handlers are Federal Bureau of Narcotics, 403 U.S. harvesting activity would result in aware of this action which was 388 (1971), approximately a dozen increased unemployment among onion unanimously recommended by the agencies issued regulations establishing field workers and employees at Committee at an April 16, 1997, procedures and policies to indemnify handlers’ facilities. In addition, reduced meeting; and (4) this interim final rule their employees against personal supplies would likely result in provides a 30-day comment period, and liability for actions taken within the Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations 19669 scope of their employment. The Justice protect the public interest * * *. These amendments do not impose Department’s Office of Legal Counsel Courageous action of public employees additional reporting or recordkeeping has issued several opinions upholding is discouraged by the threat of a lawsuit requirements on the public that require the legality of these regulations. In against the employee personally.’’ K. the approval of the Office of addition, there is a logical connection Davis, Constitutional Torts at 25, 26 Management and Budget under 44 between the achievement of an agency’s (1984). U.S.C. 3501 et seq. underlying mission and protecting the The Department believes that lawsuits List of Subjects in 15 CFR Part 15 agency’s employees from financial against Federal employees in their liability for actions taken within the personal capacity are an impediment to Administrative practice and scope of their employment. At present the Department’s effective functioning. procedure, Alimony, Child support, there is no Department of Commerce A Departmental policy to permit the Courts, Government employees, (the ‘‘Department’’) policy that allows indemnification of employees would Indemnity payments, NOAA Corps for the payment of Department funds to facilitate the removal of this allotments, Wages. indemnify Department employees who impediment and accord Department For the reasons set forth in the suffer adverse money judgments as a employees the same protection now preamble, the Department of Commerce result of official acts, or for the enjoyed by most state and local amends 15 CFR parts 15, 15a, and 15b settlement of personal damages claims government employees as well as most as follows: by the payment of Department funds. corporate employees. This policy would This policy statement will permit such permit, but not require, the Department PART 15ÐLEGAL PROCEEDINGS payment in appropriate cases as to indemnify an employee who suffers determined by the Secretary. an adverse verdict, judgment or other 1. The authority for part 15 is revised EFFECTIVE DATE: May 23, 1997. monetary award, provided that the to read as follows: FOR FURTHER INFORMATION CONTACT: M. actions giving rise to the judgment were Authority: 5 U.S.C. 301; 15 U.S.C. 1501, Timothy Conner or Donald J. Reed, taken within the scope of employment 1512, 1513, 1515 and 1518; Reorganization Department of Commerce, Office of the and that such indemnification is in the Plan No. 5 of 1950; 3 CFR, 1949–1953 Comp., General Counsel, Room 5890, interest of the Department as p. 1004; 44 U.S.C. 3101; subpart C is issued Washington, DC 20230, (202) 482–1067. determined by the Secretary. The policy under 37 U.S.C. 101, 706; 15 U.S.C. 1673; 42 U.S.C. 665. SUPPLEMENTARY INFORMATION: Unlike also allows the Department, in rare most state and local governments and cases, to settle an ‘‘individual capacity’’ 2. The heading of part 15 is revised private sector corporations, the claim with Department funds prior to to read as set forth above. Department does not now indemnify its entry of judgment. However, absent employees who are sued personally and exceptional circumstances, the PART 15Ð[REDESIGNATED AS suffer an adverse judgment as a result of Department will not agree either to SUBPART A OF PART 15 (§§ 15.1± conduct taken within the scope of indemnify or settle before entry of an 15.3)] employment, nor does it settle adverse judgment. This policy is thus ‘‘individual capacity’’ claims with designed to discourage the filing of 3. Part 15 is redesignated as subpart Department funds. Lawsuits against lawsuits against employees in their A of part 15 consisting of §§ 15.1, 15.2, federal employees in their individual individual capacity solely in order to and 15.3. pressure the government into capacity have proliferated since the PART 15AÐ[REDESIGNATED AS settlement. 1971 Supreme Court decision in Bivens. SUBPART B OF PART 15 (§§ 15.11± In addition to adding the policy and As reported by the Department of 15.18)] Justice, over 12,000 claims have been procedures for indemnification of filed against federal employees since employees, these regulations reorganize 4. Part 15a is redesignated as subpart 1971; nearly 5,000 actions are now 15 CFR parts 15, 15a, and 15b into one B of part 15 consisting of §§ 15.11, pending. These suits personally attack part 15 in order to streamline 15.12, 15.13, 15.14, 15.15, 15.16, 15.17 officials at all levels of government and regulations regarding legal proceedings and 15.18. target all federal activities, particularly and Department of Commerce law enforcement. employees. PART 15BÐ[REDESIGNATED AS The prospect of personal liability and These regulations are published in SUBPART C OF PART 15 [§§ 15.21± the burden of defending a claim arising final form without the opportunity for 15.25)] from the performance of an employee’s public notice and comment because official duties has a negative and they constitute a general statement of 5. Part 15b is redesignated as subpart chilling impact on the Department’s law policy regarding Department of C of part 15 consisting of §§ 15.21, enforcement effectiveness. Uncertainty Commerce management and personnel; 15.22, 15.23, 15.24, and 15.25. regarding what conduct may lead to a consequently, publication for public 6. In the regulatory text of newly claim tends to intimidate employees, notice and comment is not required (5 designated subparts A, B, and C, all stifle creativity, and limit decisive U.S.C. 533(a)(2)). references to ‘‘part’’ are redesignated to action. As Professor Kenneth Culp Davis Since a notice of proposed rulemaking read ‘‘subpart’’. noted, ‘‘The public suffers whenever a is not required by 5 U.S.C. 533, or any 7. In the regulatory text of newly government employee resolves doubt in other law, the analytical requirements of designated subparts A, B, and C, order to protect his own pocketbook the Regulatory Flexibility Act, 5 U.S.C. references are amended as indicated in instead of resolving doubt in order to 601 et seq., are inapplicable. the table below: 19670 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations

Section Removed Added

15.1(c) ...... Part 15a ...... Subpart B. 15.16, introductory text ...... 15a.1 through 15a.6 ...... 15.11 through 15.16. 15.17 (twice) ...... 15a.1 through 15a.8 ...... 15.11 through 15.18. 15.24(b) ...... 15b ...... 15.25.

8. A new subpart D is added to part § 15.32 Procedures for the handling of General Counsel that the component has 15 to read as follows: lawsuits against Department employees funds available to pay the arising within the scope of their office or Subpart DÐStatement of Policy and indemnification. employment. (c) The General Counsel or his/her Procedures Regarding Indemnification of The following procedures shall be Department of Commerce Employees designee will review the circumstances followed in the event that a civil action of the incident giving rise to the action Sec. or proceeding is brought, in any court, 15.31 Policy. or proceeding, and all data bearing upon against a present or former employee of the question of whether the employee 15.32 Procedures for the handling of the Department (or against his/her lawsuits against Department employees was acting within the scope of his/her arising within the scope of their office or estate) for personal injury, loss of employment. Where appropriate, the employment. property or death, resulting from the agency shall seek the views of the Department employee’s activities while Department of Justice and/or the U.S. Subpart DÐStatement of Policy and acting within the scope of his/her office Attorney for the district embracing the Procedures Regarding Indemnification or employment: place where the action or proceeding is (a) After being served with process or of Department of Commerce brought. pleadings in such an action or Employees (d) The General Counsel shall forward proceeding, the employee (or the the request, the accompanying § 15.31 Policy. executor(rix) or administrator(rix)) of documentation, and the General the estate shall within five (5) calendar (a) The Department of Commerce may Counsel’s recommendation to the days of receipt, deliver all such process indemnify a present or former Secretary or his/her designee for and pleadings or an attested true copy Department employee who is personally decision. thereof, together with a fully detailed named as a defendant in any civil suit Alden F. Abbott, in state or federal court, or other legal report of the circumstances of the incident giving rise to the court action Assistant General Counsel for Finance and proceeding seeking damages against a Litigation. present or former Department employee or proceeding to the General Counsel. [FR Doc. 97–10487 Filed 4–22–97; 8:45 am] personally, for any verdict, judgment or Where appropriate, the General other monetary award which is Counsel, or his/her designee, may BILLING CODE 3510±BW±P rendered against such employee, request that the Department of Justice provided that the conduct giving rise to provide legal representation for the the verdict, judgment or award was present or former Department employee. DEPARTMENT OF THE TREASURY taken within the scope of his/her (b)(1) Only if a present or former employment and that such employee of the Department has Office of Foreign Assets Control indemnification is in the interest of the satisfied the requirements of paragraph Department as determined by the (a) of this section in a timely fashion, 31 CFR Part 560 Secretary or his/her designee. may the employee subsequently request indemnification to satisfy a verdict, Iranian Transactions Regulations: (b) The Department may settle or judgment, or award entered against that Reporting on Foreign Affiliates' Oil- compromise a personal damage claim employee. Related Transactions against a present or former employee by (2) No request for indemnification the payment of available funds at any AGENCY: will be considered unless the employee Office of Foreign Assets time provided the alleged conduct has submitted a written request, with Control, Treasury. giving rise to the personal property appropriate documentation, including ACTION: Final rule; amendment. claim was taken within the employee’s copies of the verdict, judgment, appeal scope of employment and such SUMMARY: The Treasury Department is bond, award, or settlement proposal settlement is in the interest of the amending the reporting requirement set through the employee’s supervisory Department as determined by the forth in the Iranian Transactions chain to the head of the employee’s Secretary or his/her designee. Regulations on foreign affiliates’ oil– component. The written request will related transactions. The amended rule (c) Absent exceptional circumstances, include an explanation by the employee requires a U.S. person to file a as determined by the Secretary or his/ of how the employee was working transaction report as to each foreign her designee, the Department will not within the scope of employment and affiliate that engaged in reportable consider a request either to indemnify whether the employee has insurance or transactions of $1,000,000 or more or to settle a personal damage claim any other source of indemnification. before entry of an adverse verdict, (3) The head of the component or his/ during the calendar quarter. Reports are judgment or award. her designee will forward the to be filed within 60 days of the end of (d) Any payment under this section employee’s request with a the quarter. either to indemnify a present or former recommendation to the General Counsel EFFECTIVE DATE: April 18, 1997. Department employee or to settle a for review. The request for FOR FURTHER INFORMATION CONTACT: personal damage claim shall be indemnification shall include a detailed Loren L. Dohm, Chief, Blocked Assets contingent upon the availability of analysis of the basis for the Division (tel.: 202/622–2440), or appropriated funds of the Department of recommendation. The head of the William B. Hoffman, Chief Counsel (tel.: Commerce. component will also certify to the 202/622–2410), Office of Foreign Assets Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations 19671

Control, Department of the Treasury, affiliate’s relationship to the reporting (ii) The sale of services (including Washington, DC 20220. person is modified, and the term insurance or financing) or goods SUPPLEMENTARY INFORMATION: reportable transaction is also modified. (including oilfield supplies or Reports are now due 60 days, rather equipment) to the Government of Iran or Electronic and Facsimile Availability than 15 days, after the end of each an entity in Iran for use in the This document is available as an calendar quarter. exploration, development, production, electronic file on The Federal Bulletin Since the Regulations involve a processing, pumping, lifting, Board the day of publication in the foreign affairs function, Executive Order transporting, or refining of crude oil, Federal Register. By modem, dial 202/ 12866 and the provisions of the natural gas, or petrochemicals. For these 515–1387 and type ‘‘/GO FAC,’’ or call Administrative Procedure Act (5 U.S.C. purposes, the term petrochemicals 202/512–1530 for disk or paper copies. 553) requiring notice of proposed means first–stage materials produced This file is available for downloading rulemaking, opportunity for public directly from a petroleum–based or a without charge in WordPerfect 5.1, participation, and delay in effective natural gas–based feedstock. (iii) For purposes of paragraph ASCII, and Adobe AcrobatTM readable date, are inapplicable. Because no (b)(1)(i) of this section, a purchase, sale (*.PDF) formats. For Internet access, the notice of proposed rulemaking is or swap is deemed to have occurred as address for use with the World Wide required for this rule, the Regulatory of the date of the bill of lading used in Web (Home Page), Telnet, or FTP Flexibility Act (5 U.S.C. 601–612) does not apply. connection with such transaction. For protocol is: fedbbs.access.gpo.gov. The purposes of paragraph (b)(1)(ii) of this document is also accessible for List of Subjects in 31 CFR Part 560 section, the sale of services is deemed downloading in ASCII format without Administrative practice and to have occurred as of the date of loan charge from Treasury’s Electronic procedure, Agricultural commodities, or commitment, in the case of financial Library (‘‘TEL’’) in the Business, ‘‘Trade Banks, banking, Exports, Foreign trade, or insurance services, or the date on and Labor Mall’’ of the FedWorld Imports, Information, Investments, Iran, which services are invoiced, in other bulletin board. By modem, dial 703/ Loans, Penalties, Reporting and cases. The sale of goods is deemed to 321–3339, and select the appropriate recordkeeping requirements, Services, have occurred as of the date of shipment self–expanding file in TEL. For Internet Specially designated nationals, to Iran. access, use one of the following Terrorism, Transportation. (2) The term foreign affiliate means a protocols: Telnet = fedworld.gov For the reasons set forth in the person or entity other than a United (192.239.93.3); World Wide Web (Home preamble, 31 CFR part 560 is amended States person (see § 560.314) which is Page) = http:/www.fedworld.gov; FTP = as follows: organized or located outside the United ftp.fedworld.gov (192.239.92.205). States and which is owned or controlled Additional information concerning the PART 560ÐIRANIAN TRANSACTIONS by a United States person or persons. programs of the Office of Foreign Assets REGULATIONS (c) Who must report. A United States Control is available for downloading person must file a report with respect to 1. The authority section is revised to from the Office’s Internet Home Page: each foreign affiliate owned or read as follows: http://www.ustreas.gov/treasury controlled by it which engaged in a services/fac/fac.html, or in fax form Authority: 3 U.S.C. 301; 22 U.S.C. 2349aa; 50 U.S.C. 1601–1651, 1701–1706; Pub. L. reportable transaction or transactions through the Office’s 24–hour fax–on– 104–132, 110 Stat. 1214, 1254 (18 U.S.C. during the prior calendar quarter. For demand service: call 202/622–0077 2332d); Pub. L. 101–410, 104 Stat. 890 (28 the calendar quarter beginning October using a fax machine, fax modem, or U.S.C. 2461 note); E.O. 12613, 52 FR 41940, 1, 1996, and all subsequent quarters, a (within the United States) a touch–tone 3 CFR, 1987 Comp., p. 256; E.O. 12957, 60 United States person must file a report telephone. FR 14615, 3 CFR, 1995 Comp., p. 332; E.O. only as to each foreign affiliate owned 12959, 60 FR 24757, 3 CFR, 1995 Comp., p. Background or controlled by it which engaged in a 356. reportable transaction or transactions The Office of Foreign Assets Control totaling $1,000,000 or more during the amended the Iranian Transactions Subpart FÐReports prior calendar quarter. A single United Regulations in September 1995 (60 FR States entity within a consolidated or 47061, Sept. 11, 1995 — the 2. Section 560.603 is revised to read as follows: affiliated group may be designated to ‘‘Regulations’’), in implementation of report on each foreign affiliate of the Executive Order 12957 of March 15, § 560.603 Reports on oil transactions United States members of the group. 1995 (60 FR 14615, Mar. 17, 1995), and engaged in by foreign affiliates. Such centralized reporting may be done Executive Order 12959 of May 6, 1995 (a) Requirement for reports. A report by the United States person who owns (60 FR 24757, May 9, 1995). This final must be filed with the Office of Foreign or controls, or has been delegated rule further amends the Regulations to Assets Control with respect to each authority to file on behalf of, the modify the reporting requirements of foreign affiliate of a United States remaining United States persons in the § 560.603. That section requires U.S. person that engaged in a reportable group. persons to file reports with respect to transaction, as defined in paragraph (b), (d) What must be reported. (1) Part I foreign affiliates engaging in certain oil– during the calendar quarter. Reports are of the report must provide the name, related transactions involving Iran. due within 60 days after the end of each address, and principal place of business Section 560.603, as amended, provides calendar quarter. of the United States person; its place of a minimum dollar threshold for (b) Definitions. For purposes of this incorporation or organization if an reportable transactions: A report is section: entity; and the name, title, and required only with respect to any (1) The term reportable transaction telephone number of the individual to foreign affiliate that engaged in a means a transaction of the following contact concerning the report. reportable transaction or transactions type: (2) Part II of the report must provide, totaling $1,000,000 or more during the (i) Any purchase, sale, or swap of with respect to the foreign affiliate, its calendar quarter. The information Iranian–origin crude oil, natural gas, or name and address; the type entity, e.g., required with respect to a foreign petrochemicals; corporation, partnership, limited 19672 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations liability company; the country of its Controlled Areas of the Republic of using a fax machine, fax modem, or incorporation or organization; and its Bosnia and Herzegovina Sanctions (within the United States) a touch–tone principal place of business. Regulations to authorize all transactions telephone. (3) Part III of the report must include on and after May 19, 1997 with respect Background the following information with respect to the following five blocked vessels: the to each reportable transaction (a M/V MOSLAVINA, M/V ZETA, M/V On November 22, 1995, the United separate Part III must be submitted for LOVCEN, M/V DURMITOR and M/V Nations Security Council passed each reportable transaction): BAR (a.k.a. M/V INVIKEN). These Resolution 1022 (‘‘Resolution 1022’’), (i) The nature of the transaction, e.g., vessels are simultaneously being immediately and indefinitely purchase, sale, swap. removed from the list of blocked vessels suspending economic sanctions against (ii) A description of the product, contained in appendix C to 31 CFR the Federal Republic of Yugoslavia technology, or service involved; chapter V. U.S. persons are generally (Serbia & Montenegro) (the ‘‘FRY (iii) The name of the Iranian or third– licensed to seek and obtain judicial (S&M)’’). Those sanctions were country party or parties involved in the warrants of maritime arrest against these subsequently terminated by United transaction; vessels. Such warrants may be served Nations Security Council Resolution (iv) The currency and amount of the during the ten days prior to the vessels’ 1074 of October 1, 1996. This transaction, and corresponding United unblocking if outstanding claims have termination, however, did not end the States dollar value of the transaction if not been settled with the vessels’ requirement of Resolution 1022 that not denominated in United States owners or agents. blocked funds and assets that are subject dollars. EFFECTIVE DATE: The amendment to 31 to claims and encumbrances, or that are (e) Where to report. Reports must be CFR part 585 is effective April 18, 1997; the property of persons deemed filed with the Compliance Programs the amendment to appendix C to 31 CFR insolvent, remain blocked until Division, Office of Foreign Assets chapter V is effective May 19, 1997. ‘‘released in accordance with applicable Control, Department of the Treasury, law.’’ This requirement was FOR FURTHER INFORMATION CONTACT: John implemented in the United States on 1500 Pennsylvania Avenue, NW— T. Roth, Chief, Policy Planning and December 27, 1995, by Presidential Annex, Washington, DC 20220. Reports Program Management Division (tel.: Determination No. 96–7. The Office of may be submitted by facsimile 202/622–2500), or William B. Hoffman, Foreign Assets Control is amending the transmission at 202/622–1657. A copy Chief Counsel (tel.: 202/622–2410), Federal Republic of Yugoslavia (Serbia must be retained for the reporter’s Office of Foreign Assets Control, & Montenegro) and Bosnian Serb– records. Department of the Treasury, (f) Whom to contact. Blocked Assets Controlled Areas of the Republic of Washington, DC 20220. Division, Office of Foreign Assets Bosnia and Herzegovina Sanctions Control, Department of the Treasury, SUPPLEMENTARY INFORMATION: Regulations, 31 CFR part 585 (the 1500 Pennsylvania Avenue, NW— Electronic Availability ‘‘Regulations’’), by adding new Annex, Washington, DC 20220; § 585.528, authorizing transactions with telephone: 202/622–2440. This document is available as an respect to the following vessels electronic file on The Federal Bulletin Dated: April 4, 1997. currently blocked pursuant to the Board the day of publication in the Regulations, effective May 19, 1997: the R. Richard Newcomb, Federal Register. By modem, dial 202/ M/V MOSLAVINA, M/V ZETA, M/V Director, Office of Foreign Assets Control. 512–1387 and type ‘‘/GO FAC,’’ or call LOVCEN, M/V DURMITOR and M/V Approved: April 11, 1997. 202/512–1530 for disk or paper copies. BAR (a.k.a. M/V INVIKEN). Appendix C James E. Johnson, This file is available for downloading to 31 CFR chapter V, containing the Assistant Secretary (Enforcement). without charge in WordPerfect 5.1, names of vessels blocked pursuant to TM [FR Doc. 97–10444 Filed 4–18–97; 10:06 am] ASCII, and Adobe Acrobat readable the various economic sanctions BILLING CODE 4810±25±F (*.PDF) formats. For Internet access, the programs administered by the Office of address for use with the World Wide Foreign Assets Control (see 61 FR Web (Home Page), Telnet, or FTP 32936, June 26, 1996), is also being DEPARTMENT OF THE TREASURY protocol is: fedbbs.access.gpo.gov. The amended to remove these vessels from document is also accessible for the list on May 19, 1997. Office of Foreign Assets Control downloading in ASCII format without During the 30–day period, U.S. charge from Treasury’s Electronic persons may negotiate settlements of 31 CFR Part 585 and Chapter V Library (‘‘TEL’’) in the ‘‘Business, Trade their outstanding claims with respect to and Labor Mall’’ of the FedWorld the vessels with the vessels’ owners or Federal Republic of Yugoslavia (Serbia bulletin board. By modem, dial 703/ agents, and are generally licensed to & Montenegro) and Bosnian Serb± 321–3339, and select the appropriate seek and obtain judicial warrants of Controlled Areas of the Republic of self–expanding file in TEL. For Internet maritime arrest against the vessels. If Bosnia and Herzegovina Sanctions access, use one of the following claims remain unresolved by 10:00 a.m. Regulations: Resolution of Claims protocols: Telnet = fedworld.gov local time in the location of the vessel, Regarding Blocked Yugoslav Vessels (192.239.93.3); World Wide Web (Home May 8, 1997, U.S. persons are generally and Removal of Names from Appendix Page) = http://www.fedworld.gov; FTP licensed to effect service of such C to 31 CFR Chapter V = ftp.fedworld.gov (192.239.92.205). warrants through the U.S. Marshal’s AGENCY: Office of Foreign Assets Additional information concerning the Office in the district where the vessel is Control, Treasury. programs of the Office of Foreign Assets located during the ten–day period prior ACTION: Final rule; amendment. Control is available for downloading to the vessel’s unblocking. from the Office’s Internet Home Page: Because the Regulations involve a SUMMARY: The Office of Foreign Assets http://www.ustreas.gov/treasury/ foreign affairs function, Executive Order Control is amending the Federal services/fac/fac.html, or in fax form 12866 and the provisions of the Republic of Yugoslavia (Serbia & through the Office’s 24–hour fax–on– Administrative Procedure Act (5 U.S.C. Montenegro) and Bosnian Serb– demand service: call 202/622–0077 553) requiring notice of proposed Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations 19673 rulemaking, opportunity for public (c) Nothing in this section authorizes Admiralty Counsel, Office of the Judge participation, and delay in effective a debit to an account blocked prior to Advocate, General, Navy Department, date, are inapplicable. Because no December 27, 1995, unless such debit is 200 Stovall Street, Alexandria, Virginia, notice of proposed rulemaking is independently authorized by or 22332–2400, Telephone Number: (703) required for this rule, the Regulatory pursuant to this part. 325–9744. Flexibility Act (5 U.S.C. 601–612) does SUPPLEMENTARY INFORMATION: not apply. APPENDIX C TO CHAPTER VÐ Pursuant ALPHABETICAL LISTING OF VESSELS to the authority granted in 33 U.S.C. List of Subjects in 31 CFR Part 585 THAT ARE THE PROPERTY OF 1605, the Department of the Navy Administrative practice and BLOCKED PERSONS, OR SPECIALLY amends 32 CFR Part 706. This procedure, Banks, banking, Blocking of DESIGNATED NATIONALS amendment provides notice that the assets, Bosnia and Herzegovina, Foreign Deputy Assistant Judge Advocate investments in the United States, 1. Under the same authority General (Admiralty) of the Navy, under Foreign trade, Penalties, Reporting and previously cited for 31 CFR part 585, authority delegated by the Secretary of recordkeeping requirements, Securities, appendix C to chapter V of 31 CFR is the Navy, has certified that USS Specially designated nationals, amended by removing the entries for the CORONADO (AGF 11) is a vessel of the Transportation, Vessels, Yugoslavia. vessels ‘‘M/V MOSLAVINA’’, ‘‘M/V Navy which, due to its special For the reasons set forth in the ZETA’’, ‘‘M/V LOVCEN’’, ‘‘M/V construction and purpose, cannot fully preamble, 31 CFR part 585 and DURMITOR’’, and ‘‘M/V BAR’’, effective comply with the following specific appendix C to 31 CFR chapter V are May 19, 1997. provisions of 72 COLREGS: Annex I, amended as set forth below: Dated: April 4, 1997. section 3(a), pertaining to the placement R. Richard Newcomb, of the after masthead light and the PART 585ÐFEDERAL REPUBLIC OF Director, Office of Foreign Assets Control. horizontal distance between the forward YUGOSLAVIA (SERBIA & and after masthead lights, without Approved: April 11, 1997. MONTENEGRO) AND BOSNIAN SERB± interfering with its special functions as CONTROLLED AREAS OF THE James E. Johnson, a Navy ship. The Deputy Assistant REPUBLIC OF BOSNIA AND Assistant Secretary (Enforcement). Judge Advocate General (Admiralty) of HERZEGOVINA SANCTIONS [FR Doc. 97–10445 Filed 4–18–97; 10:06 am] the Navy has also certified that the REGULATIONS BILLING CODE 4810±25±F lights involved are located in closest possible compliance with the applicable 1. The authority citation for part 585 72 COLREGS requirements. is revised to read as follows: Authority: 3 U.S.C. 301; 22 U.S.C. 287c; 49 DEPARTMENT OF DEFENSE Moreover, it has been determined, in U.S.C. 40106; 50 U.S.C. 1601–1651, 1701– accordance with 32 CFR Parts 296 and 1706; Pub.L. 101–410, 104 Stat 890 (28 U.S.C. Department of the Navy 701, that publication of this amendment 2461 note); E.O. 12808, 57 FR 23299, 3 CFR, 32 CFR Part 706 for public comment prior to adoption is 1992 Comp., p. 305; E.O. 12810, 57 FR 24347, impracticable, unnecessary, and 3 CFR, 1992 Comp., p. 307; E.O. 12831, 58 contrary to public interest since it is FR 5253, 3 CFR, 1993 Comp., p. 576; E.O. Certifications and Exemptions Under 12846, 58 FR 25771, 3 CFR, 1993 Comp., p. the International Regulations for based on technical findings that the 599; E.O. 12934, 59 FR 54117, 3 CFR, 1994 Preventing Collisions at Sea, 1972 placement of lights on this vessel in a Comp., p. 930. Amendment manner differently from that prescribed herein will adversely affect the vessel’s Subpart EÐLicenses, Authorizations, AGENCY: Department of the Navy, DOD. ability to perform its military functions. and Statements of Licensing Policy ACTION: Final rule. List of Subjects in 32 CFR Part 706 2. Section 585.528 is added to subpart SUMMARY: The Department of the Navy Marine safety, Navigation (water), E to read as follows: is amending its certifications and Vessels. § 585.528 Unblocking of certain vessels. exemptions under the International Regulations for Preventing Collisions at Accordingly, 32 CFR Part 706 is (a) All transactions with respect to the Sea, 1972 (72 COLREGS), to reflect that amended as follows: following vessels are authorized as of the Deputy Assistant Judge Advocate May 19, 1997: the M/V MOSLAVINA, PART 706Ð[AMENDED] M/V ZETA, M/V LOVCEN, M/V General (Admiralty) of the Navy has DURMITOR, and M/V BAR (a.k.a. M/V determined that USS CORONADO (AGF 11) is a vessel of the Navy which, due 1. The authority citation for 32 CFR INVIKEN). Part 706 continues to read as follows: (b) All transactions by U.S. persons to to its special construction and purpose, seek and obtain judicial warrants of cannot fully comply with certain Authority: 33 U.S.C. 1605. provisions of the 72 COLREGS without maritime arrest against the blocked 2. Table Five of § 706.2 is amended by vessels referenced in paragraph (a) of interfering with its special functions as a naval ship. The intended effect of this revising the entry for USS CORONADO this section are authorized, but service to read as follows: of a warrant of maritime arrest on a rule is to warn mariners in waters where blocked vessel referenced in paragraph 72 COLREGS apply. § 706.2 Certifications of the Secretary of (a) of this section may be effected not EFFECTIVE DATE: March 20, 1997. the Navy under Executive Order 11964 and before 10:00 a.m. local time in the FOR FURTHER INFORMATION CONTACT: 33 U.S.C. 1605. location of the vessel, May 8, 1997. Captain R. R. Pixa, JAGC, U.S. Navy, * * * * * 19674 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations

TABLE FIVE

Masthead lights Forward mast- After mast-head light less than 1¤2 not over all other head light not in ship's length aft Percentage hori- Vessel No. lights and ob- forward quarter of of forward mast- zontal separation structions. annex ship. annex I, head light. annex attained I, sec. 2(f) sec. 3(a) I, sec. 3(a)

******* USS CORONADO ...... AGF 11 N/A N/A X 55

*******

Dated: March 20, 1997. Federal transportation actions funded or purpose of eliminating or reducing the Approved: approved under Title 23 U.S.C. or the severity and number of violations of the R.R. Pixa, Federal Transit Act, will be addressed National Ambient Air Quality Standards Captain, JAGC, U.S. Navy, Deputy Assistant in a separate notice. This action (NAAQS) and achieving expeditious Judge Advocate, General (Admiralty). provides the rationale for the proposed attainment of such standards, and that approval and other information. such activities will not: (1) cause or [FR Doc. 97–10453 Filed 4–22–97; 8:45 am] DATES: This ‘‘direct final’’ rule will be contribute to any new violation of any BILLING CODE 3810±FF±P effective June 23, 1997 unless EPA standard in any area, (2) increase the receives adverse or critical comments by frequency or severity of any existing May 23, 1997. If the effective date is violation of any standard in any area, or ENVIRONMENTAL PROTECTION delayed, timely notice will be published (3) delay timely attainment of any AGENCY in the Federal Register. standard or any required interim emission reductions or other milestones 40 CFR Part 52 ADDRESSES: Copies of the SIP revision, public comments and EPA’s responses in any area. [MN48±01±7268a; FRL±5699±1] are available for inspection at the Section 176(c)(4)(A) of the Act following address: United States requires EPA to promulgate criteria and Approval and Promulgation of Environmental Protection Agency, procedures for determining conformity Implementation Plans; Minnesota Region 5, Air and Radiation Division, 77 of all Federal actions to applicable SIPs. Criteria and procedures for determining AGENCY: Environmental Protection West Jackson Boulevard, Chicago, conformity of Federal actions related to Agency. Illinois 60604. (It is recommended that transportation projects funded or ACTION: Direct final rule. you telephone Michael Leslie at (312) 353–6680 before visiting the Region 5 approved under Title 23 U.S.C. or the Federal Transit Act are set forth at 40 SUMMARY: This action approves a State Office.) CFR part 51, subpart T. The criteria and Implementation Plan (SIP) revision for A copy of this SIP revision is procedures for determining conformity the State of Minnesota which was available for inspection at the following of other Federal actions, the ‘‘general submitted pursuant to the location: Office of Air and Radiation conformity’’ rules, were published in Environmental Protection Agency (EPA) (OAR) Docket and Information Center the November 30, 1993, Federal general conformity rules set forth at 40 (Air Docket 6102), room M1500, United Register and codified at 40 CFR part 51, CFR part 51, subpart W—Determining States Environmental Protection subpart W—Determining Conformity of Conformity of General Federal Actions Agency, 401 M Street S.W., Washington, D.C. 20460, (202) 260–7548. General Federal Actions to State or to State or Federal Implementation Federal Implementation Plans. Plans. Section 51.851(a) of the general FOR FURTHER INFORMATION CONTACT: conformity rules requires each State to Michael G. Leslie, Regulation II. Evaluation of the State’s Submittal submit to EPA a revision to its Development Section (AR–18J), Air Pursuant to the requirements under applicable SIP which contains criteria Programs Branch, Air and Radiation section 176(c)(4)(C) of the Act the and procedures for assessing conformity Division, United States Environmental Minnesota Pollution Control Agency of Federal actions to applicable SIPs. Protection Agency, Region 5, 77 West (MPCA) submitted its general The general conformity rules, except for Jackson Boulevard, Chicago, Illinois conformity SIP revision to the EPA on the 40 CFR 51.851(a) language requiring 60604, Telephone Number (312) 353– December 15, 1995. In its submittal, the State submission of a SIP revision, are 6680. State provided Minnesota rules Part repeated at 40 CFR part 93, subpart B. SUPPLEMENTARY INFORMATION: 7009.9000 which incorporated the Minnesota’s SIP revision incorporates Federal general conformity by reference I. Background verbatim the criteria and procedures set (40 CFR part 51, subpart W). For the forth at 40 CFR part 51, subpart W. This Section 176(c) of the Clean Air Act time period between the original general conformity SIP revision will (Act), 42 U.S.C. 7506(c), provides that submittal and the supplemental enable the State of Minnesota to no Federal department, agency, or submittal, the State of Minnesota was implement and enforce the Federal instrumentality shall engage in, support required to comply with 40 CFR part 93, general conformity requirements in the in any way or provide financial subpart B. nonattainment and maintenance areas at assistance for, license or permit, or General conformity is required for all the State and local level conformity SIP approve any activity which does not areas which are designated revision submitted pursuant to 40 CFR conform to a SIP that has been approved nonattainment or maintenance for any part 51, subpart W. SIP revisions or promulgated pursuant to the Act. NAAQS criteria pollutant. The State of submitted under 40 CFR part 51, Conformity is defined in section 176(c) Minnesota currently has eight counties subpart T, relating to conformity of of the Act as conformity to the SIP’s designated moderate carbon monoxide Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations 19675 nonattainment: Anoka, Carver—Partial and Budget (OMB) has exempted this no new requirements. Accordingly, no County (PC), Dakota (PC), Hennepin, regulatory action from E.O. 12866 additional costs to State, local, or tribal Ramsey, Scott (PC), Washington (PC), review. governments, or to the private sector, Wright (PC). Four counties are CO result from this action. B. Regulatory Flexibility Act maintenance areas: St. Louis (PC) (city D. Submission to Congress and the of Duluth), Benton, Sherburne, and Under the Regulatory Flexibility Act, General Accounting Office Stearns. Two particulate matter areas 5 U.S.C. 600 et seq., EPA must prepare are currently subject to the general a regulatory flexibility analysis Under 5 U.S.C. 801(a)(1)(A) as added conformity rule: Ramsey County assessing the impact of any proposed or by the Small Business Regulatory nonattainment area, and Olmsted final rule on small entities. 5 U.S.C. 603 Enforcement Fairness Act of 1996, EPA County maintenance area. Three and 604. Alternatively, EPA may certify submitted a report containing this rule counties are designated Sulfur Dioxide that the rule will not have a significant and other required information to the nonattainment: Dakota (PC), Olmsted impact on a substantial number of small U.S. Senate, the U.S. House of (city of Rochester), and Washington entities. Small entities include small Representatives and the Comptroller (PC). businesses, small not-for-profit General of the General Accounting The MPCA gave public notice and enterprises, and government entities Office prior to publication of the rule in opportunity comment on the general with jurisdiction over populations of the Federal Register. This rule is not a conformity submittal on May 8, 1995. less than 50,000. ‘‘major rule’’ as defined by 5 U.S.C. The public comment period closed on SIP approvals under section 110 and 804(2). subchapter I, part D of the Clean Air Act June 7, 1995, and no comments were E. Petitions for Judicial Review received on this rule. do not create any new requirements but simply approve requirements that the Under section 307(b)(1) of the Clean III. EPA Criteria on Submittal State is already imposing. Therefore, Air Act, petitions for judicial review of The State’s SIP revision must contain because the Federal SIP approval does this action must be filed in the United criteria and procedures that are no less not impose any new requirements, the States Court of Appeals for the stringent than the Federal rule. The Administrator certifies that it does not appropriate circuit by June 23, 1997. revision incorporated the provisions of have a significant impact on any small Filing a petition for reconsideration by the Federal general conformity rule, entities affected. Moreover, due to the the Administrator of this final rule does Subpart W: §§ 51.850, 51.852, 51.853, nature of the Federal-State relationship not affect the finality of this rule for the 51.854, 51.855, 51.856, 51.857, 51.858, under the Act, preparation of a purposes of judicial review nor does it 51.859, and 51.860. These sections flexibility analysis would constitute extend the time within which a petition represent the Federal rule in total, Federal inquiry into the economic for judicial review may be filed, and therefore the Minnesota rules Part reasonableness of State action. The shall not postpone the effectiveness of 7009.9000. Clean Air Act forbids EPA to base its such rule or action. This action may not actions concerning SIPs on such be challenged later in proceedings to IV. EPA Action grounds. Union Electric Co. v. U.S. EPA, enforce its requirements. (See section The EPA is approving the general 427 U.S. 246, 255–66 (1976); 42 U.S.C. 307(b)(2)). 7410(a)(2). conformity SIP revision for the State of List of Subjects in 40 CFR Part 52 Minnesota. The EPA has evaluated this C. Unfunded Mandates SIP revision and has determined that Environmental protection, Air Under Section 202 of the Unfunded the State has fully adopted the pollution control, General conformity, Mandates Reform Act of 1995 provisions of the Federal general Hydrocarbons, Incorporation by (‘‘Unfunded Mandates Act’’), signed conformity rules set forth at 40 CFR part reference, Intergovernmental relations, into law on March 22, 1995, EPA must 51, subpart W. The appropriate public Ozone, Sulfur dioxide, Volatile organic prepare a budgetary impact statement to participation and comprehensive compounds. accompany any proposed or final rule interagency consultations have been that includes a Federal mandate that Dated: February 12, 1997. undertaken during development and may result in estimated costs to State, David A. Ullich, adoption of this SIP revision. Because local, or tribal governments in the Acting Regional Administrator. EPA considers this action to be aggregate; or to the private sector, of noncontroversial and routine, EPA is 40 CFR part 52, is amended as $100 million or more. Under Section approving it without prior proposal. follows: 205, EPA must select the most cost- This action will become effective on effective and least burdensome PART 52Ð[AMENDED] June 23, 1997. However, if EPA receives alternative that achieves the objectives adverse comments by May 23, 1997, 1. The authority citation for part 52 of the rule and is consistent with EPA will publish a document that continues to read as follows: statutory requirements. Section 203 withdraws this action. requires EPA to establish a plan for Authority: 42 U.S.C. 7401–7671q. V. Miscellaneous informing and advising any small Subpart YÐMinnesota governments that may be significantly A. Executive Order 12866 or uniquely impacted by the rule. 2. Section 52.1220 is amended by This action has been classified as a EPA has determined that the approval adding paragraph (c)(45) to read as Table 3 action for signature by the action promulgated does not include a follows: Regional Administrator under the Federal mandate that may result in procedures published in the Federal estimated costs of $100 million or more § 52.1220 Identification of plan. Register on January 19, 1989 (54 FR to either State, local, or tribal * * * * * 2214–2225), as revised by a July 10, governments in the aggregate, or to the (c) * * * 1995 memorandum from Mary Nichols, private sector. This Federal action (45) On December 15, 1995, the Assistant Administrator for Air and approves pre-existing requirements Minnesota Pollution Control Agency Radiation. The Office of Management under State or local law, and imposes submitted a revision to the State 19676 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations

Implementation Plan for the general before May 23, 1997 that adverse or Ozone State Implementation Plans,’’ conformity rules. The general critical comments will be submitted. If Environmental Protection Agency, conformity SIP revisions enable the the effective date is delayed, timely Office of Air Quality Planning and State of Minnesota to implement and notice will be published in the Federal Standards, Research Triangle Park, enforce the Federal general conformity Register. North Carolina, March 1991. The 1990 requirements in the nonattainment or ADDRESSES: Comments may be mailed to base year inventory may also serve as maintenance areas at the State or local David L. Arnold, Chief, Ozone/CO & part of statewide inventories for level in accordance with 40 CFR part 93, Mobile Sources Section, Mailcode purposes of regional modeling in subpart B—Determining Conformity of 3AT21 Environmental Protection transport areas. The 1990 base year General Federal Actions to State or Agency, Region III, 841 Chestnut inventory plays an important role in Federal Implementation Plans. Building, Philadelphia, Pennsylvania modeling demonstrations for areas (i) Incorporation by reference. 19107. Copies of the documents relevant classified as moderate and above that (A) Minnesota rules Part 7009.9000, to this action are available for public are located outside transport regions. as created and published in the inspection during normal business The air quality planning requirements (Minnesota) Register, November 13, hours at the Air, Radiation, and Toxics for marginal to extreme ozone 1995, number 477, effective November Division, Environmental Protection nonattainment areas are set out in 20, 1995. Agency, Region III, 841 Chestnut section 182(a)–(e) of Title I of the Building, Philadelphia, Pennsylvania [FR Doc. 97–10507 Filed 4–22–97; 8:45 am] CAAA. The EPA has issued a General 19107; the Air and Radiation Docket BILLING CODE 6560±50±P Preamble describing EPA’s preliminary and Information Center, Environmental Protection Agency, 401 M Street, SW., views on how EPA intends to review ENVIRONMENTAL PROTECTION Washington, DC 20460; and the District SIP revisions submitted under Title I of AGENCY of Columbia Department of Consumer the CAAA, including requirements for and Regulatory Affairs, 2100 Martin the preparation of the 1990 base year 40 CFR Part 52 Luther King Avenue, SE., Washington, inventory [see 57 FR 13502; April 16, 1992 and 57 FR 18070; April 28, 1992]. [DC010±5914a; MD033±7157a; FRL±5814±1] DC 20020; and Maryland Department of the Environment, 2500 Broening Because EPA is describing its Approval and Promulgation of Air Highway, Baltimore, Maryland, 21224. interpretations here only in broad terms, the reader should refer to the General Quality Implementation Plans; District FOR FURTHER INFORMATION CONTACT: of Columbia and State of MarylandÐ Pauline De Vose, (215) 566–2186, at Preamble for a more detailed discussion 1990 Base Year Emission Inventory for EPA Region III address, or via e-mail at of the interpretations of Title I advanced the Metropolitan Washington DC Area [email protected]. While in today’s proposal and the supporting information may be requested via e- rationale. In today’s rulemaking action AGENCY: Environmental Protection on the District of Columbia and Agency (EPA). mail, comments must be submitted in writing to the above Region III address. Maryland portions of the Metropolitan ACTION: Direct final rule. Washington DC ozone nonattainment SUPPLEMENTARY INFORMATION: area’s 1990 base year emissions SUMMARY: EPA is approving revisions to inventory, EPA is applying its the District of Columbia (DC) and the Background interpretations taking into consideration State of Maryland State Implementation Under the 1990 Clean Air Act the specific factual issues presented. Plans (SIPs) which pertain to the 1990 Amendments (CAAA), States have the base year ozone emission inventories for responsibility to inventory emissions Those States containing ozone the Washington DC–MD–VA contributing to national ambient air nonattainment areas classified as Consolidated Metropolitan Statistical quality standard nonattainment, to track marginal to extreme are required under Area (CMSA) ozone nonattainment area. these emissions over time, and to ensure section 182(a)(1) of the CAAA to submit This area, commonly referred to as the that control strategies are being a final, comprehensive, accurate, and Metropolitan Washington DC area, is implemented that reduce emissions and current inventory of actual ozone classified as a serious ozone move areas towards attainment. The season, weekday emissions from all nonattainment area. The SIP revisions CAAA requires ozone nonattainment sources within 2 years of enactment were prepared by the Metropolitan areas designated as moderate, serious, (November 15, 1992). This inventory is Washington Council of Governments severe, and extreme to submit a plan for calendar year 1990 and is denoted as and submitted by the District and the within three years of 1990 to reduce the 1990 base year inventory. It includes State of Maryland for the purpose of VOC emissions by 15 percent within six both anthropogenic and biogenic establishing the 1990 baseline of years after 1990 (15% plan). The sources of volatile organic compounds emissions contributing to ozone baseline level of emissions, from which (VOCs), nitrogen oxides (NOX), and nonattainment problems in the the 15 percent reduction is calculated, carbon monoxide (CO). The inventory is Metropolitan Washington DC area. This is determined by adjusting the base year to address actual VOC, NOX, and CO rulemaking action is for Washington DC inventory to exclude biogenic emissions emissions for the area during peak and Maryland portions of the area only. and to exclude certain emission ozone season, which is generally The approval of the SIP revision reductions not creditable towards the comprised of the summer months. All submitted by the Commonwealth of 15% plan. The 1990 base year emissions emissions from stationary point and Virginia for its portion of the base year inventory is the primary inventory from area sources, as well as highway and inventory of the Metropolitan which the periodic inventory, the non-road mobile sources, and biogenic Washington DC area was published on Reasonable Further Progress (RFP) emissions within the nonattainment September 16, 1996 (61 FR 48632). This projection inventory, and the modeling area, are to be included in the action is being taken under section 110 inventory are derived. Further compilation. Available guidance for of the Clean Air Act. information on these inventories and preparing emission inventories is DATES: This action is effective June 9, their purpose can be found in the provided in the General Preamble (57 1997 unless notice is received on or ‘‘Emission Inventory Requirements for FR 13498, April 16, 1992). Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations 19677

Criteria for Approval development methods must be adequately Maryland have satisfied all of EPA’s described and documented in the inventory There are general and specific requirements for providing a report. comprehensive and accurate 1990 base components of an acceptable emission 9. The MOBILE model (or EMFAC model inventory. In general, a state must meet year inventory of actual emissions for for California only) must be correctly used to their portions of the Metropolitan the minimum requirements for reporting produce emission factors for each of the Washington DC ozone nonattainment by source category. Specifically, the vehicle classes. source requirements are detailed below. 10. Non-road mobile emissions must be area. A summary of EPA’s Level III The Levels I and II review process is prepared according to current EPA guidance findings is given below: used to determine that all components for all of the source categories. 1. The Inventory Preparation Plan (IPP) and Quality Assurance (QA) of the base year inventory are present. The base year emission inventory is program have been approved and The review also evaluates the level of approvable if it passes Levels I, II, and implemented. These were approved on supporting documentation provided by III of the review process. Detailed Level March 27, 1992 and August 11, 1992 for the state and assesses whether the I and II review procedures can be found the District and Maryland, respectively. emissions were developed according to in the following document: ‘‘Quality current EPA guidance. The data quality Review Guidelines for 1990 Base Year 2. The documentation was adequate is also evaluated. Emission Inventories’’, Environmental for all emission types (stationary point, The Level III review process, as Protection Agency, Office of Air Quality area, highway mobile, on-road mobile outlined here, consists of 10 criteria. For Planning and Standards, Research and biogenic sources) for the reviewer to a base year emission inventory to be Triangle Park, NC, July 27, 1992. Level determine the estimation procedures acceptable it must pass all of the III review procedures are specified in a and data sources used to develop the following acceptable criteria: memorandum from David Mobley and inventory. 1. An approved Inventory Preparation Plan G.T. Helms to the Regions ‘‘1990 O3/CO 3. The point source inventory was (IPP) must be provided and the Quality SIP Emission Inventory Level III found to be complete. Assurance (QA) program contained in the IPP Acceptance Criteria’’, October 7, 1992 4. The point source emissions were must be performed and its implementation and revised in a memorandum from estimated according to EPA guidance. documented. John Seitz to the Regional Air Directors 5. The area source inventory was 2. Adequate documentation must be dated June 24, 1993. provided that enables the reviewer to found to be complete. determine the emission estimation The District of Columbia and State of 6. The area source emissions were procedures and the data sources used to Maryland Submittals estimated according to EPA guidance. develop the inventory. 7. The biogenic source emissions were 3. The point source inventory must be On January 13, 1994 and March 21, estimated using the Biogenic Emission complete. 1994, the Department of Consumer and Inventory System (PC–BEIS) in 4. Point source emissions must be prepared Regulatory Affairs (DCRA) for the accordance with EPA guidance. or calculated according to the current EPA District of Columbia and the Maryland 8. The method used to develop guidance. Department of the Environment (MDE), vehicle miles traveled (VMT) estimates 5. The area source inventory must be respectively, submitted the 1990 base complete. was adequately described and year emission inventories as formal 6. The area source emissions must be documented. prepared or calculated according to the revisions to their State Implementation Plans (SIPs). 9. The mobile model was used current EPA guidance. correctly. 7. Biogenic emissions must be prepared The submittals were reviewed by EPA according to current EPA guidance or another to determine completeness shortly after 10. The non-road mobile emission approved technique. their submittals, in accordance with the estimates were correctly prepared in 8. The method (e.g., HPMS or a network completeness criteria set out at 40 CFR accordance with EPA guidance. transportation planning model) used to Part 51, Appendix V (1991), as amended Thus, EPA has determined that the develop VMT estimates must follow EPA by 56 FR 42216 (August 26, 1991). The District’s and the State of Maryland’s guidance, which is detailed in the document, submittals were found to be complete submittals meet the essential reporting ‘‘Procedures for Emission Inventory on July 13, 1994; and June 1, 1994, and documentation requirements for a Preparation, Volume IV: Mobile Sources’’, 1990 base year emission inventory. Environmental Protection Agency, Office of respectively. A summary of the emission Mobile Sources and Office of Air Quality EPA Analysis Planning and Standards, Ann Arbor, inventories broken down by point, area, Michigan, and Research Triangle Park, North Based on EPA’s Level I, II, and III biogenic, on-road, and non-road mobile Carolina, December 1992. The VMT review findings, the District and sources are presented in the table below.

DISTRICT OF COLUMBIA OZONE SEASON EMISSIONS IN TONS PER DAY

Point On-road Non-road NAA Area source source mobile mobile emis- Biogenic Total emis- emissions emissions emissions sions sions

VOC ...... 19.991 1.701 32.27 11.32 3.150 68.432 NOX ...... 2.970 30.919 23.56 13.28 N/A 70.729 CO ...... 2.698 4.306 248.33 145 N/A 400.334 19678 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations

MARYLAND PORTION OF THE METROPOLITAN WASHINGTON DC AREA OZONE SEASON EMISSIONS IN TONS PER DAY

Point On-road mo- Non-road NAA Area source source bile emis- mobile Biogenic Total emis- emissions emissions sions emissions sions

VOC ...... 98.89 8.042 108.47 33.37 225.96 474.742 NOX ...... 65.476 204.903 125.14 39.15 N/A 434.669 CO ...... 51.799 9.796 901.490 427.42 N/A 1390.505

EPA has determined that the factors and in relation to relevant accompany any proposed or final that submittals made by DCRA and MDE statutory and regulatory requirements. includes a Federal mandate that may satisfy the relevant requirements of the result in estimated costs to state, local Executive Order 12866 CAAA. EPA’s detailed review of the or tribal governments in the aggregate; emission inventories is contained in a This action has been classified as a or to the private sector, of $100 million Technical Support Document (TSD) Table 3 action for signature by the or more. Under section 205, EPA must which is available, upon request, from Regional Administrator under the select the most cost-effective and least the EPA Regional Office listed in the procedures published in the Federal burdensome alternative that achieves ADDRESSES section of this document. Register on January 19, 1989 (54 FR the objectives of the rule and is EPA is approving these SIP revisions 2214–2225), as revised by a July 10, consistent with statutory requirements. without prior proposal because the 1995 memorandum from Mary Nichols, Section 203 requires EPA to establish a Agency views these as noncontroversial Assistant Administrator for Air and plan for informing and advising any amendments and anticipates no adverse Radiation. The Office of Management small governments that may be comments. However, in a separate and Budget (OMB) has exempted this significantly or uniquely impacted by document in this Federal Register regulatory action from E.O. 12866 the rule. EPA has determined that the publication, EPA is proposing to review. approval action proposed/promulgated approve the SIP revisions should Regulatory Flexibility Act does not include a Federal mandate that adverse or critical comments be filed. may result in estimated costs of $100 This action will become effective June 9, Under the Regulatory Flexibility Act, million or more to either state, local, or 1997 unless, by May 23, 1997, adverse 5 U.S.C. 600 et seq., EPA must prepare tribal governments in the aggregate, or or critical comments are received. a regulatory flexibility analysis the private sector. This Federal action If EPA receives such comments, this assessing the impact of any proposed or approves pre-existing requirements action will be withdrawn before the final rule on small entities. 5 U.S.C. 603 under state or local law, and imposes no effective date by publishing a and 604. Alternatively, EPA may certify new Federal requirements. Accordingly, subsequent document that will that the rule will not have a significant no additional costs to state, local, or withdraw the final action. All public economic impact on a substantial tribal governments, or to the private comments received will then be number of small entities. Small entities sector, result from this action. addressed in a subsequent final rule include small businesses, small not-for- based on this action serving as a profit enterprises, and government Submission to Congress and the proposed rule. EPA will not institute a entities with jurisdiction over General Accounting Office second comment period on this action. populations of less than 50,000. SIP Under 5 U.S.C. 801(a)(1)(A) as added Any parties interested in commenting approvals under section 110 and by the Small Business Regulatory on this action should do so at this time. subchapter I, part D of the CAAA do not Enforcement Fairness Act of 1996, EPA If no such comments are received, the create any new requirements but simply submitted a report containing this rule public is advised that this action will be approve requirements that the State is and other required information to the effective on June 9, 1997. already imposing. Therefore, because U.S. Senate, the U.S. House of the Federal SIP approval does not Representatives and the Comptroller Final Action impose any new requirements, the EPA General of the General Accounting EPA is approving revisions to the certifies that it does not have a Office prior to publication of the rule in District of Columbia and Maryland SIPs. significant impact on any small entities today’s Federal Register. This rule is These revisions consist of the District’s affected. Moreover, due to the nature of not a ‘‘major rule’’ as defined by 5 and Maryland’s portions of the 1990 the Federal-State relationship under the U.S.C. 804(2). Base Year Emission Inventory for the CAAA, preparation of a flexibility Petitions for Judicial Review Metropolitan Washington DC ozone analysis would constitute Federal nonattainment area. The inventories inquiry into the economic Under section 307(b)(1) of the CAAA, consist of point, area, highway mobile, reasonableness of state action. The petitions for judicial review of this non-road mobile and biogenic emissions CAAA forbids EPA to base its actions action must be filed in the United States for VOC, NOX and CO. The revisions concerning SIPs on such grounds. Court of Appeals for the appropriate were submitted to EPA by DCRA and Union Electric Co. v. U.S. EPA, 427 U.S. circuit by June 23, 1997. Filing a MDE on January 13, 1994 and March 21, 246, 255–66 (1976); 42 U.S.C. 7410 petition for reconsideration by the 1994, respectively. (a)(2). Administrator of this rule does not Nothing in this action should be affect the finality of this rule for the construed as permitting or allowing or Unfunded Mandates purposes of judicial review nor does it establishing a precedent for any future Under section 202 of the Unfunded extend the time within which a petition request for revision of any SIP. Each Mandates Reform Act of 1995 for judicial review may be filed, and request for revision to a SIP shall be (‘‘Unfunded Mandate Act’’), signed into shall not postpone the effectiveness of considered separately in light of specific law on March 22, 1995, EPA must such rule or action. This action, technical, economic, and environmental prepare a budgetary impact statement to regarding the District of Columbia, Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations 19679

Maryland, and Virginia Emission § 52.1075 1990 Base Year Emission EFFECTIVE DATES: The effective dates of Inventories, may not be challenged later Inventory. the delegation authority for each local in proceedings to enforce its * * * * * agency are: Bay Area AQMD—May 18, requirements. (See section 307(b)(2).) (d) EPA approves as a revision to the 1992, January 25, 1993, and May 21, Maryland State Implementation Plan the 1993 and South Coast AQMD—June 8, List of Subjects in 40 CFR Part 52 1990 base year emission inventory for 1992 and February 8, 1993. Environmental protection, Air the Maryland portion of the ADDRESSES: Copies of the requests for pollution control, Carbon monoxide, Metropolitan Washington DC ozone delegation of authority and EPA’s letters Hydrocarbons, Intergovernmental nonattainment area submitted by the of delegation are available for public relations, Nitrogen dioxide, Ozone, Secretary of MDE on March 21, 1994. inspection at EPA’s Region 9 office Reporting and recordkeeping This submittal consists of the 1990 base during normal business hours and at the requirements, and SIP requirements. year point, area, highway mobile, non- following locations: Dated: April 8, 1997. road mobile, and biogenic source California Air Resources Board, 2020 L Stanley L. Laskowski, emission inventories in the area for the Street, Sacramento, CA 95812 following pollutants: Volatile organic Acting Regional Administrator, Region III. Bay Area Air Quality Management compounds (VOC), carbon monoxide District, 939 Ellis Street, San Part 52, Chapter I, title 40 of the Code (CO), and oxides of nitrogen (NOX). Francisco, CA 94109 of Federal Regulations is amended as [FR Doc. 97–10508 Filed 4–22–97; 8:45 am] South Coast Air Quality Management follows: BILLING CODE 6560±50±P District, 21865 E. Copley Drive, PART 52Ð[AMENDED] Diamond Bar, CA 91765–4182 FOR FURTHER INFORMATION CONTACT: 1. The authority citation for Part 52 ENVIRONMENTAL PROTECTION Cynthia G. Allen, Rulemaking Office continues to read as follows: AGENCY (AIR–4), Air and Toxics Division, EPA, Region 9, 75 Hawthorne Street, San Authority: 42 U.S.C. 7401–7671q. 40 CFR Parts 60 and 61 Francisco, CA 94105–3901, Tel: (415) Subpart JÐDistrict of Columbia 744–1189. [FRL±5814±5] SUPPLEMENTARY INFORMATION: Section 2. Section 52.474 is amended by Delegation of New Source 301, in conjunction with sections 110, revising the section heading, 111(c)(1), and 112(d)(1) of the Clean Air designating existing text as paragraph Performance Standards and National Emission Standards for Hazardous Air Act as amended in 1990, authorize the (a) and adding paragraph (b) to read as Administrator to delegate his or her follows: Pollutants for Bay Area and South Coast Air Quality Management authority to implement and enforce the § 52.474 1990 Base Year Emission Districts; State of California standards set out in 40 CFR Part 60, Inventory. Standards of Performance for New * * * * * AGENCY: Environmental Protection Stationary Sources (NSPS) and the standards set out in 40 CFR Part 61, (b) EPA approves as a revision to the Agency (EPA). National Emission Standards for District of Columbia State ACTION: Delegation of authority. Hazardous Air Pollutants (NESHAPS). Implementation Plan the 1990 base year SUMMARY: In 1992 and 1993, the After a thorough review of the emission inventory for the District’s California Air Resources Board (CARB) categories requested for delegation, the portion of the Metropolitan Washington requested delegation of authority for the Regional Administrator, EPA Region IX DC ozone nonattainment area submitted implementation and enforcement of determined that such delegation was by the Director, DCRA, on January 13, specified New Source Performance appropriate for these source categories, 1994. This submittal consists of the Standards (NSPS) and National as set forth in the original delegation 1990 base year point, area, highway Emission Standards for Hazardous Air letters. mobile, non-road and biogenic source Pollutants (NESHAPS) to the following The CARB has requested authority for emission inventories in the area for the delegation of certain NSPS and following pollutants: Volatile organic local agencies: Bay Area and South Coast Air Quality Management Districts NESHAPS categories to the Bay Area compounds (VOC), carbon monoxide (AQMDs). EPA’s review of the State of and South Coast AQMD’s. By letters (CO), and oxides of nitrogen (NOX). California’s laws, rules, and regulations dated May 18, 1992, January 25, 1993, Subpart VÐMaryland showed them to be adequate for the and May 21, 1993, EPA delegated and/ implementation and enforcement of or redelegated its authority for 40 CFR 3. Section 52.1075 is amended by these federal standards, and EPA Parts 60 and 61 for the following adding paragraph (d) to read as follows: granted the delegations as requested. subparts:

40 CFR part 60 NSPS subpart

Bay Area AQMD

General Provisions ...... A Emission Guidelines and Compliance Times ...... C Fossil-Fuel-Fired Steam Generators for Which Construction is Commenced After August 17, 1971 ...... D Electric Utility Steam Generating Units for Which Construction is Commenced After September 18, 1978 ...... Da Industrial-Commercial-Institutional Steam Generating Units ...... Db Small Industrial-Commercial-Institutional Steam Generating Units ...... Dc Incinerators ...... E Municipal Waste Combustors ...... Ea 19680 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations

40 CFR part 60 NSPS subpart

Bay Area AQMD

Portland Cement Plants ...... F Nitric Acid Plants ...... G Sulfuric Acid Plants ...... H Asphalt Concrete Plants (Hot Mix Asphalt Facilities) ...... I Petroleum Refineries ...... J Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, K 1973, and Prior to May 19, 1978. Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, Ka 1978, and Prior to July 23, 1984. Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, Kb or Modification Commenced after July 23, 1984. Secondary Lead Smelters ...... L Secondary Brass and Bronze Production Plants ...... M Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973 ...... N Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January Na 20, 1983. Sewage Treatment Plants ...... O Primary Copper Smelters ...... P Primary Zinc Smelters ...... Q Primary Lead Smelters ...... R Primary Aluminum Reduction Plants ...... S Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants ...... T Phosphate Fertilizer Industry: Superphosphoric Acid Plants ...... U Phosphate Fertilizer Industry: Diammonium Phosphate Plants ...... V Phosphate Fertilizer Industry: Triple Superphosphate Plants ...... W Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities ...... X Coal Preparation Plants ...... Y Ferroalloy Production Facilities ...... Z Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974, and on or Before August 17, 1983 ...... AA Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 17, 1983 ...... AAa Kraft Pulp Mills ...... BB Glass Manufacturing Plants ...... CC Grain Elevators ...... DD Surface Coating of Metal Furniture ...... EE Stationary Gas Turbines ...... GG Lime Manufacturing Plants ...... HH Lead-Acid Battery Manufacturing Plants ...... KK Metallic Mineral Processing Plants ...... LL Automobile and Light Duty Truck Surface Coating Operations ...... MM Phosphate Rock Plants ...... NN Ammonium Sulfate Manufacture ...... PP Graphic Arts Industry: Publication Rotogravure Printing ...... QQ Pressure Sensitive Tape and Label Surface Coating Operations ...... RR Industrial Surface Coating: Large Appliances ...... SS Metal Coil Surface Coating ...... TT Asphalt Processing and Asphalt Roofing Manufacture ...... UU Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry ...... VV Beverage Can Surface Coating Industry ...... WW New Residential Wood Heaters ...... AAA Rubber Tire Manufacturing Industry ...... BBB Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry ...... DDD Flexible Vinyl and Urethane Coating and Printing ...... FFF Equipment Leaks of VOC in Petroleum Refineries ...... GGG Synthetic Fiber Production Facilities ...... HHH VOC Emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes ...... III Petroleum Dry Cleaners ...... JJJ Equipment Leaks of VOC From Onshore Natural Gas Processing Plants ...... KKK Onshore Natural Gas Processing; SO2 Emissions ...... LLL VOC Emissions From SOCMI Distillation Operations ...... NNN Nonmetallic Mineral Processing Plants ...... OOO Wool Fiberglass Insulation Manufacturing Plants ...... PPP VOC Emissions From Petroleum Refinery Waste-water Systems ...... QQQ Magnetic Tape Coating Facilities ...... SSS Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines ...... TTT Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations 19681

40 CFR part 60 NSPS subpart

Bay Area AQMD

Polymeric Coating of Supporting Substrates Facilities ...... VVV 40 CFR part 61 NESHAPS subpart

Benzene Emissions from Coke By-Product Recovery Plants ...... L Asbestos ...... M Benzene Emissions from Benzene Storage Vessels ...... Y Benzene Emissions from Benzene Transfer Operations ...... BB Benzene Waste Operations ...... FF

By letters dated June 8, 1992 and February 8, 1993, EPA delegated and/or redelegated its authority for 40 CFR Part 60 and Part 61 for the following subparts:

40 CFR part 60 NSPS subpart

South Coast AQMD

General Provisions ...... A Emission Guidelines and Compliance Times ...... C Fossil-Fuel-Fired Steam Generators for Which Construction is Commenced After August 17, 1971 ...... D Electric Utility Steam Generating Units for Which Construction is Commenced After September 18, 1978 ...... Da Industrial-Commercial-Institutional Steam Generating Units ...... Db Small Industrial-Commercial-Institutional Steam Generating Units ...... Dc Incinerators ...... E Portland Cement Plants ...... F Nitric Acid Plants ...... G Sulfuric Acid Plants ...... H Asphalt Concrete Plants (Hot Mix Asphalt Facilities) ...... I Petroleum Refineries ...... J Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, K 1973, and Prior to May 19, 1978. Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, Ka 1978, and Prior to July 23, 1984. Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction Kb or Modification Commenced After July 23, 1984. Secondary Lead Smelters ...... L Secondary Brass and Bronze Production Plants ...... M Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973 ...... N Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January Na 20, 1983. Sewage Treatment Plants ...... O Primary Copper Smelters ...... P Primary Zinc Smelters ...... Q Primary Lead Smelters ...... R Primary Aluminum Reduction Plants ...... S Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants ...... T Phosphate Fertilizer Industry: Superphosphoric Acid Plants ...... U Phosphate Fertilizer Industry: Diammonium Phosphate Plants ...... V Phosphate Fertilizer Industry: Triple Superphosphate Plants ...... W Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities ...... X Coal Preparation Plants ...... Y Ferroalloy Production Facilities ...... Z Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974, and on or Before August 17, 1983 ...... AA Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 17, 1983 ...... AAa Kraft Pulp Mills ...... BB Glass Manufacturing Plants ...... CC Grain Elevators ...... DD Surface Coating of Metal Furniture ...... EE Stationary Gas Turbines ...... GG Lime Manufacturing Plants ...... HH Lead-Acid Battery Manufacturing Plants ...... KK Metallic Mineral Processing Plants ...... LL Automobile and Light-Duty Truck Surface Coating Operations ...... MM Phosphate Rock Plants ...... NN 19682 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations

40 CFR part 60 NSPS subpart

South Coast AQMD

Ammonium Sulfate Manufacture ...... PP Graphic Arts Industry: Publication Rotogravure Printing ...... QQ Pressure Sensitive Tape and Label Surface Coating Operations ...... RR Industrial Surface Coating: Large Appliances ...... SS Metal Coil Surface Coating ...... TT Asphalt Processing and Asphalt Roofing Manufacture ...... UU Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry ...... VV Beverage Can Surface Coating Industry ...... WW New Residential Wood Heaters ...... AAA Rubber Tire Manufacturing Industry ...... BBB Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry ...... DDD Flexible Vinyl And Urethane Coating and Printing ...... FFF Equipment Leaks of VOC In Petroleum Refineries ...... GGG Synthetic Fiber Production Facilities ...... HHH VOC Emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes ...... III Petroleum Dry Cleaners ...... JJJ Equipment Leaks of VOC From Onshore Natural Gas Processing Plants ...... KKK Onshore Natural Gas Processing; SO2 Emissions ...... LLL VOC Emissions from SOCMI Distillation Operations ...... NNN Nonmetallic Mineral Processing Plants ...... OOO Wool Fiberglass Insulation Manufacturing Plants ...... PPP VOC Emissions from Petroleum Refinery Wastewater Systems ...... QQQ Magnetic Tape Coating Facilities ...... SSS Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines ...... TTT Polymeric Coating of Supporting Substrates Facilities ...... VVV

40 CFR part 61 NESHAPS subpart

General Provisions ...... A General Provisions ...... A Beryllium ...... C Beryllium Rocket Motor Firing ...... D Mercury ...... E Vinyl Chloride ...... F Equipment Leaks (Fugitive Emission Sources) of Benzene ...... J Benzene Emissions from Coke By-Product Recovery Plants ...... L Asbestos ...... M Inorganic Arsenic Emissions from Glass Manufacturing Plants ...... N Inorganic Arsenic Emissions from Primary Copper Smelters ...... O Inorganic Arsenic Emissions from Arsenic Trioxide and Metallic Arsenic Production Facilities ...... P Equipment Leaks (Fugitive Emission Sources) ...... V Benzene Emissions from Benzene Storage Vessels ...... Y Benzene Emissions from Benzene Transfer Operations ...... BB Benzene Waste Operations ...... FF

Under the terms of the delegations, Pollution Violators’’ Guidance, and any The Office of Management and Budget BAAQMD and SCAQMD are required to revisions thereto, and applicable has exempted this action from Executive follow all applicable provisions of 40 enforcement agreements. Order 12866 review. CFR Parts 60 and 61, including but not As of the effective dates of the This notice is issued under the limited to use of EPA’s test methods and delegations, all notifications and reports authority of sections 101, 110, 111, 112, continuous monitoring procedures. required of sources by the above and 301 of the Clean Air Act, as As of the effective dates of the standards should be sent to either amended (42 U.S.C. 7401, 7410, 74121, delegations to each agency, BAAQMD BAAQMD or SCAQMD, as appropriate, 7412, and 7601). and SCAQMD have primary authority to with a copy to EPA Region IX. enforce the standards listed above. EPA The EPA hereby notifies the public Dated: April 1, 1997. retains independent enforcement that it has delegated the authority over John Wise, authority, and will exercise such the above-listed NSPS and NESHAPS Acting Regional Administrator, EPA Region authority in a manner consistent with subparts to the Bay Area Air Quality IX. EPA’s ‘‘Timely and Appropriate Management District and the South [FR Doc. 97–10513 Filed 4–22–97; 8:45 am] Enforcement Response to Significant Air Coast Air Quality Management District. BILLING CODE 6560±50±P Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations 19683

ENVIRONMENTAL PROTECTION format or ASCII file format. All copies Tennessee, Texas, Virginia, Washington, AGENCY of objections and hearing requests in and West Virginia. Crops to be treated electronic form must be identified by are apples, apricots, bananas, beans, 40 CFR Part 180 the docket control number [OPP– cane berries, citrus fruits, corn, cotton, 300477; PP–7G4793]. No ‘‘Confidential cranberries, cucurbits, grapes, melons, [OPP±300477; FRL±5712±8] Business Information’’ (CBI) should be nuts, ornamentals, peaches, peanuts, RIN 2070±AB78 submitted through e-mail. Electronic pears, peppers, plums, potatoes, seed copies of objections and hearing crops, small grains, soybean, Kaolin; Pesticide Tolerance Exemption requests on this rule may be filed online strawberries, sugar beets, and tomatoes. at many Federal Depository Libraries. Treatment is made shortly after leaf or AGENCY: Environmental Protection Additional information on electronic plant emergence and applied at 7 to 10- Agency (EPA). submissions can be found in Unit IV. of day intervals to crops. Treatment will ACTION: Final rule. this document. not be applied within 10 days of FOR FURTHER INFORMATION CONTACT: By harvest. Dosage rates are 10 to 100 lbs SUMMARY: This rule establishes a of the formulated kaolin per acre and temporary exemption from the mail: Sheryl K. Reilly, Regulatory Action Leader, Biopesticides and are applied with standard commercial requirement of a tolerance for residues spray equipment. The first year target of the insecticide Kaolin, when used on Pollution Prevention Division (7501W), Office of Pesticide Programs, pests are aphids, apple scab, codling crops (apples, apricots, bananas, beans, moth, fireblight, leaf hoppers, and pear cane berries, citrus fruits, corn, cotton, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, psylla. The second year target pests are cranberries, cucurbits, grapes, melons, aphid complex, apple scab, armyworm, nuts, ornamentals, peaches, peanuts, Office location, telephone number, and e-mail: Room CS15-W29, 2800 Jefferson bacteria spot, bollworms, citrus canker, pears, peppers, plums, potatoes, seed citrus rust, codling moth, Colorado crops, small grains, soybeans, Davis Highway, Arlington, VA, 703– 308–8265), e-mail: potato beetle, cotton flea hopper, strawberries, sugar beets, and tomatoes) European and spotted red mite, fabrea to control certain insect, fungus, and [email protected]. SUPPLEMENTARY INFORMATION: Engelhard leaf spot, early and late blight, fireblight, bacterial damage to plants. Corporation, Research Center, 101 Wood flyspeck, Japanese beetle, leaf hopper DATES: This regulation is effective April complex, leaf rollers, mealybug, 23, 1997 and expires December 31, Avenue, Iselin, NJ 08830–0770 has requested in pesticide petition PP– mildews, phylloxera, pear psylla, pear 1999. Submit written objections and rust mites, Pierce’s Disease, rots, scales, hearing requests on or before June 23, 7G4793 the establishment of an exemption from the requirement of a tarnish plant bug, thrips, wheat stem- 1997 saw fly, and whitefly. ADDRESSES: Written objections and tolerance for residues of the insecticide hearing requests, identified by the Kaolin. A notice of filing (FRL–5585–4) B. Product Identity/Chemistry was published in the Federal Register document control number, [OPP– Kaolin is a white, nonporous, 300477; PP–7G4793], may be submitted (62 FR 6524, February 12, 1997), and the notice announced that the comment nonswelling, natural aluminosilicate to: Hearing Clerk (1900), Environmental mineral with the chemical formula of period would end on March 12, 1997; Protection Agency, Room M3708, 401 M A14Si4O10(OH)8. Kaolin is one of the no comments were received. This St., SW., Washington, DC 20460. Fees most highly divided and highly refined temporary exemption from the accompanying objections and hearing naturally occurring minerals. Median requirement of a tolerance will permit requests shall be labeled ‘‘Tolerance particle size of commercial products the marketing of the above food Petition Fees’’ and forwarded to: EPA vary between 0.1–10 microns. Kaolin is commodities when treated in Headquarters Accounting Operations chemically inert. Its hydrophilic surface accordance with the provisions of Branch, OPP (Tolerance Fees), P.O. Box allows kaolin to be easily dispersed in experimental use permit 70060–EUP–1, 360277M, Pittsburgh, PA 15251. water at neutral pH values of 6–8. which is being issued under the Federal A copy of any objections and hearing Common physical properties of kaolin Insecticide, Fungicide, and Rodenticide requests filed with the Hearing Clerk are: platy shape; high brightness (80– Act (FIFRA), as amended (Pub. L. 95– should be identified by the document 95); specific gravity 2.58–2.63; refractive 396, 92 Stat. 819; 7 U.S.C. 136). The control number and submitted to: Public index 1.56–1.62; and Mohs hardness 2– data submitted in the petition and all Response and Program Resources 3. Branch, Field Operations Division other relevant material have been (7506C), Office of Pesticide Programs, evaluated. Following is a summary of C. Toxicological Profile Environmental Protection Agency, 401 EPA’s findings regarding this petition as Waivers were requested for acute M St., SW., Washington, DC 20460. In required by section 408(d) of the Federal toxicity, genotoxicity, reproductive and person, bring a copy of the objections Food, Drug and Cosmetice Act (FFDCA), developmental toxicity, subchronic and hearing requests to: Crystal Mall #2, 21 U.S.C. 346a, as recently amended by toxicity, and chronic toxicity. The Room 1132, 1921 Jefferson Davis the Food Quality Protection Act (FQPA), waivers were accepted based on its long Highway, Arlington, VA. A copy of Pub. L. 104–170. history of use by humans without any objections and hearing requests filed I. Summary indication of deleterious effects, and on with the Hearing Clerk may also be the following: Kaolin is used as an submitted electronically to the OPP by A. Proposed Use Practices indirect food additive for paper/paper sending electronic mail (e-mail) to: opp- The experimental program will be board in wet and fatty food contact, [email protected]. Copies of conducted in the states of Alabama, paper/paper board dry food contact, objections and hearing requests must be Arizona, California, Delaware, Florida, adhesives, polymeric coatings, rubber submitted as an ASCII file avoiding the Idaho, Indiana, Georgia, Maryland, articles and cellophane; Kaolin is used use of special characters and any form Massachusetts, Michigan, Minnesota, in pharmaceuticals, tablet diluents, of encryption. Copies of objections and Mississippi, Missouri, New Jersey, New poultices, and surgical dusting powders; hearing requests will also be accepted York, North Dakota, Ohio, Oklahoma, Kaolin is used as a cosmetic in face on disks in WordPerfect in 5.1 file Oregon, Pennsylvania, South Carolina, powders, face masks, and face packs; 19684 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations

Kaolin is used in health products and G. Safety The total amount of the active toiletries, in toothpaste and in For the U.S. population, including ingredients to be used must not exceed antiperspirants; Kaolin can be used infants and children, kaolin has no the quantity authorized by the directly in foods as an anti-caking agent known adverse effects. FFDCA section experimental use permits. (up to 2.5%). 408 provides that EPA shall apply an Engelhard Corporation must immediately notify the EPA of any D. Aggregate Exposure additional tenfold margin of exposure (safety) for infants and children in the findings from the experimental use that In examining aggregate exposure, case of threshold effects to account for have a bearing on safety. The company FQPA directs EPA to consider available pre- and post-natal toxicity and the must also keep records of production, information concerning exposures from completeness of the database, unless distribution, and performance and on the pesticide residue in food and all EPA determines that a different margin request make the records available to other non-occupational exposures. The of exposure (safety) will be safe for any authorized officer or employee of primary non-food sources of exposure infants and children. Margins of the EPA or the Food and Drug the Agency considers include drinking exposure (safety) are often referred to as Administration (FDA). This temporary exemption from the water or groundwater, and exposure uncertainty (safety) factors. In this requirement of a tolerance expires and through pesticide use in gardens, lawns, instance, the Agency believes there is is revoked December 31, 1999. Residues or buildings (residential and other reliable data to support the conclusion remaining in or on the raw agricultural indoor uses). that kaolin is not toxic to mammals, commodity after this expiration date 1. Dietary exposure. Dietary exposure including infants and children, and thus will not be considered actionable if the of kaolin via food or water is difficult there are no threshold effects. As a pesticides are legally applied during the to estimate due to the use of kaolin in result, the provision requiring an term of, and in accordance with, the thousands of products and its additional margin of exposure (safety) provisions of the experimental use ubiquitous presence in nature. Kaolin do not apply, and under reasonable, permit and temporary exemption from has no known mammalian toxicity. The foreseeable circumstances, kaolin does the requirement of a tolerance. This low toxicity, low application rate, and not pose a dietary risk. temporary exemption from the the use patterns leads the Agency to H. Analytical Method requirement of a tolerance may be conclude that residues from use of the revoked if the experimental use permit biochemical pesticide kaolin will not The Agency proposes to establish a is revoked or if any experience with or pose a dietary risk of concern under temporary exemption from the scientific data on this pesticide indicate reasonably foreseeable circumstances. requirement of a tolerance without any that the tolerance is not safe. Therefore, EPA concludes that there is numerical limitation; therefore, the a reasonable certainty of no harm from Agency has concluded that an analytical III. Objections and Hearing Requests method is not required for enforcement aggregate exposure under this temporary The new FFDAC section 408(g) purposes for kaolin residues. exemption. provides essentially the same process 2. Non-dietary, non-occupational I. Codex Maximum Residue Level for persons to ‘‘object’’ to a tolerance exposure. Increased non-dietary There are no CODEX tolerances nor exemption regulation issued by EPA exposure of kaolin via lawn care or international tolerance exemptions for under new section 408(e) as was ornamental use will be minimal. Kaolin Kaolin at this time. Kaolin is listed as provided in the old section 408. is already widely used in the cosmetic, exempt from tolerance ‘‘when used in However, the period for filing objections pharmacological, and other products accordance with good agricultural is 60 days, rather than 30 days. EPA listed above. The amount of kaolin practice as an inert (or occasionally currently has procedural regulations currently used in the U.S. pesticide active) ingredient in pesticide which govern the submission of industry as an inert is between 2 million formulations applied to growing crops objections and hearing requests. These lbs. and 10 million lbs. per year. or to food commodities after harvest.’’ regulations will require some E. Cumulative Exposure 40 CFR 180.1001 (subpart D). modification to reflect the new law. However, until those modifications can Kaolin has no mode of toxicity and is II. Conclusion be made, EPA will continue to use those used in thousands of products used by Based on its long history of use by procedural regulations with appropriate humans. Cumulative exposure would be humans without any indication of adjustments to reflect the new law. difficult to calculate due to its deleterious effects, there is reasonable Any person adversely affected by this ubiquitous nature in the environment. certainty that no harm will result from regulation may on or before June 23, Because of its low toxicity, low rate of aggregate exposure to the United States 1997 file written objections to the application, and its use patterns, the population, including infants and regulation and may also request a Agency believes that there is no reason children, to residues of kaolin. This hearing on those objections. Objections to expect any cumulative effects from includes all anticipated dietary and hearing requests must be filed with kaolin. exposures and all other exposures for the Hearing Clerk, at the address given which there is reliable information. The under ADDRESSES at the beginning of F. Endocrine Disruptors Agency has arrived at this conclusion this rule (40 CFR 178.20). A copy of the The Agency has no information to because, as discussed above, no toxicity objections and/or hearing requests filed suggest that kaolin will have an effect to mammals has been observed for with the Hearing Clerk should be on the immune and endocrine systems. kaolin. As a result, EPA establishes a submitted to the OPP Docket for this The Agency is not requiring information temporary exemption from the rulemaking. The objections submitted on the endocrine effects of this requirement of a tolerance pursuant to must specify the provisions of the biochemical pesticide at this time; FFDCA section 408(j)(3) for kaolin, on regulation deemed objectionable and the Congress has allowed 3 years after the condition that Kaolin be used in grounds for the objections (40 CFR August 3, 1996, for the Agency to accordance with the experimental use 178.25). Each objection must be implement a screening program with permit 70060–EUP–1, with the accompanied by the fee prescribed by respect to endocrine effects. following provisions: 40 CFR 180.33(i). If a hearing is Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations 19685 requested, the objections must include a The official record for this List of Subjects in 40 CFR Part 180 statement of the factual issue(s) on rulemaking, as well as the public Environmental protection, which a hearing is requested, the version, as described above will be kept Administrative practice and procedure, requestor’s contentions on such issues, in paper form. Accordingly, EPA will Agricultural commodities, Pesticides and a summary of any evidence relied transfer any copies of objections and and pests, Reporting and recordkeeping upon by the objector (40 CFR 178.27). A hearing requests received electronically requirements. request for a hearing will be granted if into printed, paper form as they are the Administrator determines that the received and will place the paper copies Dated: April 15, 1997. material submitted shows the following: in the official rulemaking record which Daniel M. Barolo, There is genuine and substantial issue will also include all comments of fact; there is reasonable possibility submitted directly in writing. The Director, Office of Pesticide Programs. official rulemaking record is the paper that available evidence identified by the PART 180Ð[AMENDED] requestor would, if established, resolve record maintained at the address in one or more of such issues in favor of ‘‘ADDRESSES’’ at the beginning of this 1. The authority citation for part 180 the requestor, taking into account rule. continues to read as follows: uncontested claims or facts to the V. Regulatory Assessment Authority: 21 U.S.C. 346a and 371 contrary; and resolution of the factual Requirements issue(s) in the manner sought by the The Office of Management and Budget 2. Section 180.1180 is added to requestor would be adequate to justify subpart D to read as follows: the action requested (40 CFR 178.32). has exempted this notice from the Information submitted in connection requirement of section 3 of Executive § 180.1180 Kaolin; exemption from the with an objection or hearing request Order 12866. This action does not requirement of a tolerance. impose any enforceable duty or contain may be claimed confidential by marking (a) General. The biochemical any ‘‘unfunded mandates’’ as described any part or all of that information as pesticide kaolin is temporarily in Title II of the Unfunded Mandates ‘‘Confidential Business Information’’ exempted from the requirement of a Reform Act of 1995 (Pub. L. 104–4), or (CBI). Information so marked will not be tolerance for residues of the insecticide require prior consultation as specified disclosed except in accordance with Kaolin, when used on crops (apples, by Executive Order 12875 (58 FR 58093, procedures set forth in 40 CFR part 2. apricots, bananas, beans, cane berries, October 28, 1993), entitled Enhancing A copy of the information that does not citrus fruits, corn, cotton, cranberries, the Intergovernmental Partnership, or contain CBI must be submitted for cucurbits, grapes, melons, nuts, special consideration as required by inclusion in the public record. ornamentals, peaches, peanuts, pears, Executive Order 12898 (59 FR 7629, Information not marked confidential peppers, plums, potatoes, seed crops, February 16, 1994). may be disclosed publicly by EPA small grains, soybeans, strawberries, Because tolerances established on the without prior notice. sugar beets, and tomatoes) to control basis of a petition under section 408(d) certain insect, fungus, and bacterial IV. Public Record of FFDCA do not require issuance of a damage to plants. This temporary proposed rule, the regulatory flexibility A record has been established for this exemption from the requirement of a analysis requirements of the Regulatory rulemaking under the docket control tolerance will permit the marketing of Flexibility Act (RFA), 5 U.S.C. 604(a), number [OPP–300477; PP–7G4793] the food commodities in this paragraph do not apply. Prior to the recent (including any comments and data when treated in accordance with the amendment of the FFDCA, EPA had submitted electronically). A public provisions of experimental use permit treated such rulemakings as subject to version of this record, including 70060–EUP–1, which is being issued the RFA; however, the amendments to printed, paper versions of electronic under the Federal Insecticide, the FFDCA clarify that no proposal is comments, which does not include any Fungicide, and Rodenticide Act required for such rulemakings and information claimed as CBI, is available (FIFRA), as amended (7 U.S.C. 136). hence that the RFA is inapplicable. for inspection from 8:30 a.m. to 4 p.m., This temporary exemption from the Nonetheless, the Agency has previously Monday through Friday, excluding legal requirement of a tolerance expires and assessed whether establishing tolerances holidays. The public record is located in is revoked December 31, 1999. This or exemptions from tolerance, raising Room 1132 of the Public Response and temporary exemption from the tolerance levels, or expanding Program Resources Branch, Field requirement of a tolerance may be exemptions adversely impact small Operations Division (7506C), Office of revoked at any time if the experimental entities and concluded, as a generic Pesticide Programs, Environmental use permit is revoked or if any matter, that there is no adverse impact. Protection Agency, Crystal Mall #2, experience with or scientific data on (46 FR 24950) (May 4, 1981). 1921 Jefferson Davis Highway, this pesticide indicate that the tolerance Under 5 U.S.C. 801(a)(1)(A), EPA Arlington, VA. is not safe. submitted a report containing this rule Electronic comments can be sent and other required information to the (b) Section 18 emergency exemptions. directly to EPA at: U.S. Senate, the U.S. House of [Reserved] [email protected] Representatives, and the Comptroller (c) Tolerances with regional General of the General Accounting registrations. [Reserved] Electronic comments must be Office prior to publication in today’s (d) Indirect or inadvertent residues. submitted as an ASCII file avoiding the Federal Register. This rule is not a [Reserved] use of special characters and any form ‘‘major rule’’ as defined by 5 U.S.C. [FR Doc. 97–10536 Filed 4–22–97; 8:45 am] of encryption. 804(a). BILLING CODE 6560±50±F 19686 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations

FEDERAL COMMUNICATIONS appear on the messages. The groundfish trawl fleet. NMFS is also COMMISSION Commission finds that the sender of a correcting cross-references contained in facsimile message is the creator of the the Individual Fishing Quota program 47 CFR Parts 64 and 68 content of the message. Thus, the and in the recordkeeping and reporting [CC Docket No. 92±90; FCC 97±117] Commission concludes that Section requirements. 227(d)(1) of the Telephone Consumer EFFECTIVE DATE: May 23, 1997. Rules and Regulations Implementing Protection Act of 1991, Public Law 102– ADDRESSES: Comments on the the Telephone Consumer Protection 243 (1991), mandates that a facsimile collection-of-information requirements Act of 1991, Order on Further message must include the identification repromulgated by this rule may be sent Reconsideration of the business, other entity, or to the Office of Information and individual creating or originating that Regulatory Affairs (OIRA), Office of AGENCY: Federal Communications message and not the entity that Commission. Management and Budget (OMB)(0648– transmits the message. 0206), Washington, DC 20503, and to ACTION: Final rule. Ordering Clauses Patsy A. Bearden, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK SUMMARY: On April 10, 1997, the Accordingly, pursuant to Sections 99802. Commission released an Order on 4(i), 227(d)(2) and 405(a) of the Further Reconsideration clarifying that a Communications Act of 1934, as FOR FURTHER INFORMATION CONTACT: facsimile broadcast service provider amended, 47 U.S.C. §§ 154(i), 227(d)(2) Patsy A. Bearden, NMFS, 907-586-7228. must ensure that the identifying and 405(a), and Section 1.106 of the SUPPLEMENTARY INFORMATION: information of the entity on whose Commission’s Rules, 47 CFR § 1.106, it Final Rule behalf the provider sent facsimile is ordered, that MCI’s petition for messages appears on messages. We clarification or, in the alternative, The Magnuson-Stevens Fishery determine that the sender of a facsimile reconsideration is granted. Conservation and Management Act message is the creator of the content of authorizes the North Pacific Fishery the message. The Order on Further List of Subjects Management Council (Council) to Reconsideration is intended to alert the 47 CFR Part 64 prepare and amend fishery management industry and the general public that a plans for any fishery in waters under its Communications common carriers, facsimile message must include the jurisdiction. In December 1978, the Telephone. identification of the business, other Council prepared the Fishery entity, or individual creating or 47 CFR Part 68 Management Plan for the High Seas Salmon Fishery off the Coast of Alaska originating the message. Communications equipment, East of 175° E. Long. (Salmon FMP) and EFFECTIVE DATE: May 23, 1997. Telephone. submitted it to the Secretary of ADDRESSES: Federal Communications Federal Communications Commission. Commerce (Secretary) for approval. On Commission, 1919 M Street, N.W., William F. Caton, May 3, 1979, the Secretary approved the Washington, DC 20554. Acting Secretary. Salmon FMP, and it was implemented FOR FURTHER INFORMATION CONTACT: [FR Doc. 97–10426 Filed 4–22–97; 8:45 am] in May 1979 by Federal regulations at Renee Alexander, Attorney, Network BILLING CODE 6712±01±P 50 CFR part 674. Services Division, Common Carrier As a result of the President’s Bureau, (202) 418–2497. Regulatory Reform Initiative (61 FR SUPPLEMENTARY INFORMATION: This DEPARTMENT OF COMMERCE 31228, June 19, 1996), NMFS removed summarizes the Commission’s Rules parts 671, 672, 673, 675, 676, and 677 and Regulations Implementing the National Oceanic and Atmospheric of title 50 CFR and consolidated the Telephone Consumer Protection Act of Administration regulations contained therein into one 1991, Order on Further Reconsideration, new part, 50 CFR part 679. The FCC 97–117, adopted April 3, 1997, and 50 CFR Parts 674 and 679 consolidation of 50 CFR part 674, the released April 10, 1997. The file is [Docket No. 970326069±7069±01; I.D. regulations implementing the Salmon available for inspection and copying 022597F] FMP, was delayed due to extensive during the weekday hours of 9 a.m. to review of the management of the High 4:30 p.m. in the Commission’s RIN 0648±AJ38 Seas Salmon Fishery by NMFS. This Reference Center, room 239, 1919 M St., final rule removes 50 CFR part 674 and Fisheries of the Exclusive Economic NW., Washington DC, or copies may be consolidates the regulations contained Zone Off Alaska; High Seas Salmon purchased from the Commission’s therein into 50 part 679. This action Fishery Off Alaska duplicating contractor, ITS, Inc., 2100 M provides the public with a single St., NW., Suite 140, Washington, DC AGENCY: National Marine Fisheries reference source for the Federal fisheries 20037, phone (202) 857–3800. Service (NMFS), National Oceanic and regulations specific to the EEZ off Alaska and results in regulations that Analysis of Proceeding Atmospheric Administration (NOAA), Commerce. are more concise and easier to use. In the Order on Further ACTION: Final rule and technical Technical Amendment Reconsideration, the Commission amendment. reconsiders our determination in the Regulations implementing the Fishery Memorandum Opinion and Order (60 SUMMARY: NMFS is consolidating 50 Management Plan for Groundfish of the FR 42068, August 15, 1995) that a CFR part 674 into 50 CFR part 679 as Gulf of Alaska and the Fishery facsimile broadcast service provider part of the President’s Regulatory Management Plan for the Groundfish must ensure that its identifying Reform Initiative. NMFS is also Fishery of the Bering Sea and Aleutian information and the identifying correcting a technical error in Islands Area appear at 50 CFR part 679. information of the entity on whose regulations implementing pelagic trawl Due to the complexity of the behalf it sent facsimile messages must performance standards for the Alaska consolidation of the six parts into part Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations 19687

679 and the reorganization of material opportunity for public comment would PART 674ÐHIGH SEAS SALMON contained therein, an error was serve no purpose. Accordingly, the FISHERY OFF ALASKA [REMOVED] introduced into the regulatory text. The Assistant Administrator for Fisheries, original intent of regulations at under 5 U.S.C. 553(b)(B), for good cause 1. Under the authority of 16 U.S.C. § 679.7(b) and (c)(3) was to prohibit the finds that prior notice and opportunity 1801 et seq. and 16 U.S.C. 3631 et seq., possession of 20 or more crabs by the for public comment are unnecessary. part 674 is removed. operator of a vessel using trawl gear Because a general notice of proposed PART 679±-FISHERIES OF THE when directed fishing with nonpelagic rulemaking is not required to be EXCLUSIVE ECONOMIC ZONE OFF trawl gear is prohibited. The final rule published for this rule by 5 U.S.C. 553 ALASKA implementing this provision was or by any other law, this rule is exempt published in the Federal Register on from the Regulatory Flexibility Act July 26, 1993 (58 FR 39680), and 2. The authority citation for 50 CFR requirement to prepare a regulatory part 679 is revised to read as follows: correctly implemented the intent of flexibility analysis and none has been regulations. NMFS is correcting prepared. Authority: 16 U.S.C. 773 et seq., 1801 et regulations that, during the seq., and 3631 et seq. Notwithstanding any other provision consolidation of regulations at 50 CFR of law, no person is required to respond part 679, inadvertently changed the 3. In § 679.1, paragraph (i) is added to to, nor shall a person be subject to a regulatory language implementing this read as follows: provision and also omitted its penalty for failure to comply with, a collection of information subject to the § 679.1 Purpose and scope. application to the GOA. * * * * * NMFS is correcting a cross-reference requirements of the PRA unless that contained in the introductory text to collection of information displays a (i) Fishery Management Plan for the § 679.42(j). The last sentence of this currently valid OMB control number. High Seas Salmon Fishery off the Coast paragraph references § 676.41(c). Part This rule contains a collection of of Alaska East of 175 Degrees East 676 in title 50 of the CFR was removed information requirement subject to the Longitude (Salmon FMP). Regulations in as part of NMFS’ consolidation of PRA that has already been approved by this part govern fishing for salmon by Alaska-related regulations. The OMB under control number 0648-0206. fishing vessels of the United States in regulations contained in part 676 were The estimated response time for this the EEZ seaward of Alaska east of 175° consolidated in part 679. However, requirement is 0.50 hours for a permit E. long., referred to as the High Seas when NMFS published the final rule application for high seas trollers in the Salmon Management Area. implementing Amendments 33 and 37 salmon fishery. The estimated response 4. In § 679.2, the introductory to the BSAI and GOA FMPs, time shown includes the time to review paragraph of the definition of respectively, an error was inadvertently instructions, search existing data ‘‘Authorized fishing gear’’ and the introduced into the regulatory text. sources, gather and maintain the data definition of ‘‘Optimum yield’’are Reference was made to part 676 rather needed, and complete and review the revised; and paragraphs (13) and (14) of than the newly consolidated Alaska collection of information. the definition of ‘‘Authorized fishing regulations contained in part 679 (June Send comments regarding this burden gear’’, the definition of ‘‘Commercial 27, 1996, 61 FR 33385). This action estimate, or any other aspect of this fishing’’, the definition of ‘‘High Seas corrects the cross-reference contained in collection-of-information, including Salmon Management Area’’, paragraph the introductory text to paragraph (j) of suggestions for reducing the burden, to (3) of the definition of ‘‘Person’’, and the § 679.41. NMFS and OIRA, OMB (see ADDRESSES). definitions of ‘‘Personal use fishing’’ NMFS is also correcting a cross- This final rule has been determined to and ‘‘Salmon’’ are added to read as reference contained in § 679.5(a)(1). On be not significant for purposes of E.O. follows: September 24, 1996, NMFS issued a 12866. The technical amendment makes final rule, technical amendment which § 679.2 Definitions. minor technical changes to a rule that clarified the recordkeeping has been determined to be not * * * * * requirements for catcher vessels under significant for purposes of E.O. 12866. Authorized fishing gear means fixed 60 ft (18.3m) length overall by No changes in the regulatory impact gear, hook-and-line, jig, longline, specifically exempting them from the previously reviewed and analyzed will longline pot, nonpelagic trawl, requirement to comply with result from implementation of this nontrawl, pelagic trawl, pot-and-line, recordkeeping and reporting technical amendment. trawl, hand troll gear, and power troll requirements contained in § 679.5(a)-(k). gear: * * * However, a cross-reference error was List of Subjects inadvertently introduced into the (13) Hand troll gear means, for 50 CFR Part 674 regulatory text in § 679.5(a)(1). The purposes of the High Seas Salmon Fishery, one or more lines with lures or cross-reference currently reads Fisheries, Fishing, Reporting and hooks attached, drawn through the ‘‘paragraph (a)(iii)’’. This action corrects recordkeeping requirements. the cross-reference contained in water behind a moving vessel, and 50 CFR Part 679 § 679.5(a)(1) to read ‘‘paragraph retrieved by hand or hand-cranked reels (a)(1)(iii)’’. or gurdies and not by any electrically, Fisheries, Reporting and hydraulically, or mechanically-powered Classification recordkeeping requirements. device or attachment. This final rule makes only Dated: April 16, 1997. (14) Power troll gear means, for nonsubstantive changes to existing Nancy Foster, purposes of the High Seas Salmon regulations issued after prior notice and Deputy Assistant Administrator for Fisheries, Fishery, one or more lines, with hooks an opportunity for public comment. National Marine Fisheries Service. or lures attached, drawn through the This technical amendment makes only For reasons set out in the preamble, water behind a moving vessel, and minor, non-substantive corrections to an 50 CFR chapter VI is amended as originating from a power gurdy or existing rule. Therefore, prior notice and follows: power-driven spool fastened to the 19688 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations vessel, the extension or retraction of subpart H, part 660 (West Coast Salmon not the operator of a fishing vessel may which is directly to the gurdy or spool. Fisheries) under the North Pacific assist in the vessel’s commercial salmon * * * * * Fisheries Act of 1954, 16 U.S.C. 1021- fishing operations in the High Seas Commercial fishing, for purposes of 1035, concerning fishing for salmon Management Area without a permit if a the High Seas Salmon Fishery, means seaward of Washington, Oregon, and person described in paragraph (h)(1)(i) fishing for fish for sale or barter. California. through (iii) of this section is also * * * * * (3) The High Seas Salmon Fishery is aboard the vessel and is engaged in the High Seas Salmon Management Area administered in close coordination with vessel’s commercial fishing operations. means the portion of the EEZ off Alaska ADF&G’s administration of the State of (3) Personal use fishing. Any person east of 175 degrees E. long. The High Alaska’s regulations governing the who holds a valid State of Alaska sport Seas Salmon Management Area is salmon troll fishery off Southeast fishing license may engage in personal divided into a West Area and an East Alaska. Because no commercial fishing use fishing in the High Seas Salmon Area: for salmon is allowed in the EEZ west Management Area. (1) The West Area consists of the of Cape Suckling, all commercial (4) Duration. Authorization under this waters of the High Seas Salmon salmon fishing west of Cape Suckling paragraph (h) to engage in fishing for Management Area which are west of must take place in Alaska’s territorial salmon in the High Seas Salmon 143°53′36′′ W. long. (Cape Suckling). sea and, consequently, is subject to Management Area constitutes a use (2) The East Area consists of the Alaska’s management authority. privilege which may be revoked or waters of the High Seas Salmon (4) For State of Alaska statutes and modified without compensation. Management Area east of 143°53′36′′ W. regulations governing commercial (5) Eligibility criteria for permits long. fishing, see Alaska Statutes, title 16— issued by the Regional Administrator. (i) Fish and Game; title 5 of the Alaska Any person is eligible to be issued a * * * * * Administrative Code, chapters 1-39. High Seas Salmon Fishery permit under Optimum yield means: (5) For State of Alaska regulations paragraph (h)(7) of this section if that (1) With respect to the High Seas specifically governing the salmon troll person, during any one of the calendar Salmon Fishery, that amount of any fishery, see 5 Alaska Administrative years 1975, 1976, or 1977: species of salmon which will provide Code 30 (Yakutat Area), and 5 Alaska (A) Operated a fishing vessel in the the greatest overall benefit to the Nation, Administrative Code 33 (Southeastern High Seas Salmon Management Area. with particular reference to food Alaska Area). (B) Engaged in commercial fishing for production and recreational (6) For State of Alaska statutes and salmon in the High Seas Salmon opportunities, as specified in the regulations governing sport and Management Area. Salmon FMP. personal use salmon fishing other than (C) Caught salmon in the High Seas (2) With respect to the groundfish subsistence fishing, see Alaska Statutes, Salmon Management Area using power fisheries, see § 679.20(a)(1). title 16—Fish and Game; 5 Alaska troll gear. * * * * * Administrative Codes 42.010 through (D) Landed such salmon. Person * * * 75.995. (ii) The following persons are not (3) For purposes of High Seas Salmon (7) For State of Alaska statutes and eligible to be issued a High Seas Salmon Fishery permits issued under § 679.4(h), regulations governing subsistence Fishery permit under paragraph (h)(7) of the term ‘‘person’’ excludes any fishing, see Alaska Statutes, title 16— this section: nonhuman entity. Fish and Game; 5 Alaska Administrative (A) Persons described in paragraph Personal use fishing means, for Codes 01, 02, 39, and 99.010. (h)(1)(i) or (h)(1)(ii) of this section. purposes of the High Seas Salmon 6. In 679.4, paragraph (h) is added to (B) Persons who once held but no Fishery, fishing other than commercial read as follows: longer hold a State of Alaska power troll fishing. permanent entry or interim-use permit. * * * * * § 679.4 Permits. (6) Application. Applications for a Salmon means the following species: * * * * * High Seas Salmon Fishery permit must (1) Chinook (or king) salmon (h) High Seas Salmon permits—(1) be in writing, signed by the applicant, (Oncorhynchus tshawytscha); Operators of commercial fishing vessels and submitted to the Regional (2) Coho (or silver) salmon (O. using power troll gear. The operator of Administrator, at least 30 days prior to kisutch); a fishing vessel using power troll gear the date the person wishes to commence (3) Pink (or humpback) salmon (O. may engage in commercial fishing for fishing, and must include: gorbuscha); salmon in the High Seas Salmon (i) The applicant’s name, mailing (4) Sockeye (or red) salmon (O. Management Area if the operator: address, and telephone number. nerka); and (i) Held a valid State of Alaska power (ii) The vessel’s name, USCG (5) Chum (or dog) salmon (O. keta). troll permanent entry permit on May 15, documentation number or State of * * * * * 1979, or is a transferee under paragraph Alaska registration number, home port, 5. In § 679.3, paragraph (f) is added to (h)(13) of this section from an operator length overall, registered tonnage, and read as follows: who held such a permit on that date; color of the fishing vessel. (ii) Held a valid State of Alaska power (iii) The type of fishing gear used by § 679.3 Relation to other laws. troll interim use permit on May 15, the fishing vessel. * * * * * 1979; or (iv) State of Alaska fish tickets or (f) Domestic fishing for high seas (iii) Holds a High Seas Salmon other equivalent documents showing salmon. (1) Additional regulations Fishery permit issued by the Regional the actual landing of salmon taken in governing the conservation and Administrator under paragraph (h)(7) of the High Seas Salmon Management Area management of high seas salmon are set this section. by the applicant with power troll gear forth in § 600.705 of this chapter. (2) Crew members and other persons during any one of the years 1975 to (2) This part does not apply to fishing not the operator of a commercial fishing 1977. for salmon by vessels other than vessels vessel using power trawl gear. Crew (7) Issuance. (i) Except as provided in of the United States conducted under members or other persons aboard but subpart D of 15 CFR part 904, upon Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations 19689 receipt of a properly completed in the High Seas Salmon Management of any person to engage in commercial application, the Regional Administrator Area. fishing for salmon using power troll gear will determine whether the permit (B) The application for transfer shall in the High Seas Salmon Management eligibility conditions have been met, be filed with the Regional Administrator Area may be transferred to another and if so, will issue a High Seas Salmon within 30 days of the denial by the State person for a period not lasting beyond Fishery permit. of Alaska of the proposed transfer of the the end of the calendar year of the (ii) If the permit is denied, the permit. transfer when sickness, injury, or other Regional Administrator will notify the (C) The application for transfer shall unavoidable hardship prevents the applicant in accordance with paragraph include all documents and other holder of that authority from engaging (h)(16) of this section. evidence submitted to the State of in such fishing. (iii) If an incomplete or improperly Alaska in support of the proposed (ii) Such a transfer shall take effect completed permit application is filed, transfer of the permit and a copy of the automatically upon approval by the the Regional Administrator will notify State of Alaska’s decision denying the State of Alaska of an emergency transfer the applicant of the deficiency. If the transfer of the permit. The Regional of a State of Alaska power troll entry applicant fails to correct the deficiency Administrator may request additional permit, in accordance with the terms of within 30 days following the date of information from the applicant or from the permit transfer. receipt of notification, the application the State of Alaska to assist in the (iii) Any person may apply to the shall be considered abandoned. consideration of the application. Regional Administrator for emergency (8) Amended application. Any person (D) The Regional Administrator shall transfer of the current holder’s authority who applies for and receives a High approve the transfer if it is determined to engage in commercial fishing for Seas Salmon Fishery permit issued that: salmon using power troll gear in the under paragraph (h)(7) of this section (1) The applicant had the ability to High Seas Salmon Management Area for must notify the Regional Administrator participate actively in the fishery at the a period not lasting beyond the calendar within 30 days of a change in any of the time the application for transfer of the year of the proposed transfer, if a information submitted under paragraph permit was filed with the State of person: (h)(6) of this section. Alaska. (A) Is denied emergency transfer of a (2) The applicant has access to power (9) Replacement. Replacement State of Alaska power troll entry permit troll gear necessary for participation in permits may be issued for lost or by the State of Alaska; or the fishery. unintentionally mutilated permits. An (B) Requests emergency transfer of a (3) The State of Alaska has not application for a replacement permit Federal commercial power troll permit instituted proceedings to revoke the shall not be considered a new previously issued by the Regional permit on the ground that it was application. Administrator, with the consent of the fraudulently obtained. (10) Display. Any permit or license current holder of that permit. (4) The proposed transfer of the (iv) The Regional Administrator shall described in paragraph (h)(1) or (h)(3) of permit is not a lease. approve the transfer if he determines this section must be on board the vessel (E) Upon approval of the transfer that: at all times while the vessel is in the application by the Regional (A) Sickness, injury, or other High Seas Salmon Management Area. Administrator, the authority of the unavoidable hardship prevents the (11) Inspection. Any permit or license permit holder to engage in commercial current permit holder from engaging in described in paragraph (h)(1) or (h)(3) of fishing for salmon in the High Seas such fishing. this section must be presented for Salmon Management Area using power (B) The applicant had the ability to inspection upon request by an troll gear shall expire, and that authority participate actively in the fishery at the authorized officer. shall be transferred to the applicant. time the application for emergency (12) Sanctions. Procedures governing (14) Other Permits. (i) Except for transfer of the permit was filed with the permit sanctions and denials are found emergency transfers under paragraph State of Alaska or, in the case of a at subpart D of 15 CFR part 904. (h)(15) of this section, the authority of Federal permit, with the Regional (13) Transfer of authority to fish in the any person described in paragraph Administrator. High Seas Salmon Management Area— (h)(1)(ii), (h)(1)(iii), or (h)(3) of this (C) The applicant has access to power (i) State of Alaska power troll section to fish for salmon in the High troll gear necessary for participation in permanent entry permits. The authority Seas Salmon Management Area, may the fishery. of any person to engage in commercial not be transferred to any other person. (D) The State of Alaska has not fishing for salmon using power troll gear (ii) Except for emergency transfers instituted proceedings to revoke the in the High Seas Salmon Management under paragraph (h)(15) of this section, permit on the grounds that it was Area shall expire upon the transfer of the authority to engage in commercial fraudulently obtained. that person’s State of Alaska power troll fishing for salmon which was (v) The application in the case of a permanent entry permit to another and transferred under paragraph (h)(13)(ii) State of Alaska permit shall be filed shall be transferred to the new holder of of this section may not be transferred to with the Regional Administrator within that permit. any other person except the current 30 days of the denial by the State of (ii) Transfer of Authority by the holder of the State of Alaska power troll Alaska of emergency transfer of the Regional Administrator. (A) Any person permanent entry permit from which that permit. to whom the proposed transfer of a State authority was originally derived. (vi) The application shall include all of Alaska power troll permanent entry (iii) The authority described in documents and other evidence permit is denied by the State of Alaska paragraph (h)(14)(ii) of this section may submitted to the State of Alaska in may apply, with the consent of the be transferred to the current holder of support of the proposed emergency current holder of that permit, to the that permit upon receipt of written transfer of the permit and a copy of the Regional Administrator for transfer to notification of the transfer by the State of Alaska’s decision denying the the applicant of the current holder’s Regional Administrator. emergency transfer of the permit. The authority to engage in commercial (15) Emergency transfers—authority Regional Administrator may request fishing for salmon using power troll gear to use power troll gear. (i) The authority additional information from the 19690 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Rules and Regulations applicant or from the State of Alaska to time will constitute a waiver of the right 8. In § 679.7, paragraph (b) is removed assist in the consideration of the to request a hearing. and reserved, paragraph (c)(3) is application. (vi) If a hearing is requested, the removed, and paragraphs (a)(14) and (i) (vii) Upon approval of the application Assistant Administrator may order an are added to read as follows: by the Regional Administrator, the informal fact-finding hearing if it is authority of the permit holder to engage determined that a hearing is necessary § 679.7 Prohibitions. in commercial fishing for salmon using to resolve material issues of fact and * * * * * power troll gear in the High Seas shall so notify the appellant. (a) * * * Salmon Management Area shall expire (vii) If the Assistant Administrator for the period of the emergency transfer, orders a hearing, the order will appoint (14) Trawl performance standard. Use and that authority shall be transferred to a hearing examiner to conduct the a vessel to participate in a directed the applicant for that period. hearing. fishery for pollock with trawl gear and (16) Appeals and hearings. (i) A (viii) Following the hearing, the have on board the vessel, at any decision by the Regional Administrator hearing examiner shall promptly furnish particular time, 20 or more crab of any to deny a permit under paragraph (h)(7) the Assistant Administrator with a species that have a width of more than of this section or to deny transfer of report and appropriate 1.5 inches (38 mm) at the widest authority to engage in commercial recommendations. dimension when directed fishing for fishing for salmon in the High Seas (ix) As soon as practicable after pollock with nonpelagic trawl gear is Salmon Management Area under considering the matters raised in the closed. paragraphs (h)(13) and (h)(14) of this appeal, and any report or (b) [Reserved] section will: recommendation of the hearing * * * * * (A) Be in writing. examiner in the event a hearing is held (i) High Seas Salmon Fisheries. (1) (B) State the facts and reasons under this paragraph (h)(16), the Fish for, take, or retain any salmon in therefor. Assistant Administrator shall decide the violation of the North Pacific Fisheries (C) Advise the applicant of the rights appeal. Act of 1954, 16 U.S.C. 1021–1035 or this provided in this paragraph (h)(16). (x) The Assistant Administrator shall (ii) Any such decision of the Regional part. promptly notify the appellant of the Administrator shall be final 30 days final decision. Such notice shall set (2) Engage in fishing for salmon in the after receipt by the applicant, unless an forth the findings of the Assistant High Seas Salmon Management Area appeal is filed with the NOAA/NMFS Administrator and set forth the basis of except to the extent authorized by Assistant Administrator within that the decision. The decision of the § 679.4(h). time. (iii) Failure to file a timely appeal Assistant Administrator shall be the 9. In § 679.42, paragraph (j) shall constitute waiver of the appeal. final administrative action of the introductory text, the last sentence is (iv) Appeals under this paragraph Department of Commerce. revised to read as follows: (h)(16) must: 7. In § 679.5, paragraph (a)(1) (A) Be in writing. introductory text is revised to read as § 679.42 Limitations on use of QS and IFQ. (B) Set forth the reasons why the follows: * * * * * appellant believes the Regional § 679.5 Recordkeeping and reporting. (j) * * * Such transfers of additional Administrator’s decision was in error. (a) * * * QS within these areas must be to an (C) Include any supporting facts or individual pursuant to § 679.41(c) of documentation. (1) * * *. Except as provided in paragraph (a)(1)(iii) of this section, the this part and be used pursuant to (v) At the time the appeal is filed with paragraphs (c) and (i) of this section. the Assistant Administrator, the following must comply with the appellant may request a hearing with recordkeeping and reporting * * * * * respect to any disputed issue of material requirements of this section: [FR Doc. 97–10462 Filed 4–22–97; 8:45 am] fact. Failure to request a hearing at this * * * * * BILLING CODE 3510±22±F 19691

Proposed Rules Federal Register Vol. 62, No. 78

Wednesday, April 23, 1997

This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: agreement or contract, determine and contains notices to the public of the proposed Executive Order No. 12866 collect premiums or other monetary issuance of rules and regulations. The amounts, and pay benefits. purpose of these notices is to give interested The Office of Management and Budget All information is reported annually. persons an opportunity to participate in the (OMB) has determined this rule to be The reporting burden for this collection rule making prior to the adoption of the final exempt for the purposes of Executive rules. of information on crop insurance Order No. 12866, and, therefore, this programs is estimated to average 16.9 rule has not been reviewed by OMB. minutes per response for each of the 3.6 DEPARTMENT OF AGRICULTURE Paperwork Reduction Act of 1995 responses from approximately 1,755,015 The information collection respondents. The total annual burden Federal Crop Insurance Corporation requirements contained in the potato on the public for this information crop insurance regulations were collection is 2,676,932 hours. 7 CFR Parts 422 and 457 previously approved by OMB pursuant FCIC is requesting comments on the to the Paperwork Reduction Act of 1995 following: (a) whether the proposed Potato Crop Insurance Regulations collection of information is necessary and Common Crop Insurance (44 U.S.C. chapter 35) under OMB control number 0563–0003 through for the proper performance of the Regulations September 30, 1998. functions of the agency, including The amendments set forth in this whether the information shall have AGENCY: Federal Crop Insurance proposed rule, however, revise the practical utility; (b) the accuracy of the Corporation, USDA. information required to be collected agency’s estimate of the burden of the ACTION: Proposed rule. when a producer elects the new proposed collection of information; (c) Northern Potato Crop Insurance Storage ways to enhance the quality, utility, and clarity of the information to be SUMMARY: The Federal Crop Insurance Endorsement. Producers must indicate collected; and (d) ways to minimize the Corporation (FCIC) proposes specific an additional option code on either the burden of the collection of information crop provisions for the insurance of application or contract change form to on respondents, including through the potatoes. The provisions will be used in select this endorsement, an insignificant modification for the purposes of use of automated collection techniques conjunction with the Common Crop or other forms of information gathering Insurance Policy Basic Provisions, paperwork reduction. Other amendments set forth in this rule not technology. which contain standard terms and contain additional information Comments regarding paperwork conditions common to most crops. The collections that require clearance by reduction should be submitted to the intended effect of this action is to OMB under the provisions of 44 U.S.C. Desk Officer for Agriculture, Office of provide policy changes to better meet chapter 35. Information and Regulatory Affairs, the needs of the insured, include the The title of this information collection Office of Management and Budget, current potato crop insurance is ‘‘Catastrophic Risk Protection Plan Washington, D.C. 20503. regulations with the Common Crop and Related Requirements including, OMB is required to make a decision Insurance Policy for ease of use and Common Crop Insurance Regulations; concerning the collections of consistency of terms, and to restrict the Northern Potato Crop Insurance information contained in these effect of the current potato crop Provisions; Central and Southern Potato proposed regulations between 30 and 60 insurance regulations to the 1997 and Crop Insurance Provisions; Northern days after submission to OMB. prior crop years. Potato Quality Endorsement Crop Therefore, a comment to OMB is best Insurance Provisions; Northern assured of having full effect if OMB DATES: Written comments, data, and Processing Potato Quality Endorsement receives it within 30 days of opinions on this proposed rule will be Crop Insurance Provisions; Certified publication. This does not affect the accepted until close of business May 23, Seed Potato Endorsement Crop deadline for the public to comment on 1997 and will be considered when the Insurance Provisions; and Northern the proposed regulation. rule is to be made final. Potato Storage Endorsement Crop Unfunded Mandates Reform Act of Insurance Provisions.’’ The information ADDRESSES: Interested persons are 1995 invited to submit written comments to to be collected includes a crop the Director, Product Development insurance application and an acreage Title II of the Unfunded Mandates Division, Federal Crop Insurance report. Information collected from the Reform Act of 1995 (UMRA), Public Corporation, United States Department application and acreage report is Law 104–4, establishes requirements for of Agriculture, 9435 Holmes Road, electronically submitted to FCIC by the Federal agencies to assess the effects of Kansas City, MO 64131. reinsured companies. Potential their regulatory actions on State, local, respondents to this information and tribal governments and the private FOR FURTHER INFORMATION CONTACT: Rob collection are producers of potatoes that sector. This rule contains no Federal Coultis, Insurance Management are eligible for Federal crop insurance. mandates (under the regulatory Specialist, Product Development The information requested is provisions of title II of the UMRA) for Division, Federal Crop Insurance necessary for the reinsured companies State, local, and tribal governments or Corporation, at the Kansas City, MO, and FCIC to provide insurance and the private sector. Thus, this rule is not address listed above, telephone (816) reinsurance, determine eligibility, subject to the requirements of sections 926–7730. determine the correct parties to the 202 and 205 of the UMRA. 19692 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules

Executive Order No. 12612 are inconsistent herewith. The Northern Potato Crop Provisions It has been determined under section administrative appeal provisions 1. Remove the definition of ‘‘county’’ 6(a) of Executive Order No. 12612, published at 7 CFR part 11 must be to default to the definition contained in Federalism, that this rule does not have exhausted before any action for judicial the Basic Provisions (§ 457.8). The sufficient federalism implications to review may be brought. current definition includes land warrant the preparation of a Federalism Environmental Evaluation identified by an FSA farm serial number Assessment. The provisions contained for the county that is physically located in this rule will not have a substantial This action is not expected to have a in another county the new definition direct effect on States or their political significant impact on the quality of the does not. This change will require land subdivisions, or on the distribution of human environment, health, and safety. in another county to be insured using power and responsibilities among the Therefore, neither an Environmental the actuarial materials for the county various levels of government. Assessment nor an Environmental where the land is located and make this Regulatory Flexibility Act Impact Statement is needed. provision consistent with most other crops. Add definitions for ‘‘certified National Performance Review This regulation will not have a seed,’’ ‘‘days,’’ ‘‘discard,’’ ‘‘FSA,’’ ‘‘final significant impact on a substantial This regulatory action is being taken planting date,’’ ‘‘good farming number of small entities. New practices,’’ ‘‘grade inspection,’’ provisions included in this rule will not as part of the National Performance Review Initiative to eliminate ‘‘hundredweight,’’ ‘‘interplanted,’’ impact small entities to a greater extent ‘‘irrigated practice,’’ ‘‘local market,’’ than large entities. Under the current unnecessary or duplicative regulations and improve those that remain in force. ‘‘planted acreage,’’ ‘‘practical to regulations, a producer is required to replant,’’ ‘‘processor contract,’’ complete an application and acreage Background ‘‘production guarantee (per acre),’’ report. If the crop is damaged or ‘‘replanting,’’ ‘‘timely planted,’’ and FCIC proposes to add to the Common destroyed, the insured is required to ‘‘written agreement’’ for clarification. Crop Insurance Regulations (7 CFR part give notice of loss and provide the 2. Section 2—Clarify the guidelines 457), new sections: 7 CFR § 457.142, necessary information to complete a under which basic units may be divided Northern Potato Crop Insurance claim for indemnity. into optional units to be consistent with The insured must also annually Provisions; 7 CFR § 457.143, Northern most other crops. certify to the previous years production Potato Quality Endorsement Crop 3. Section 3(a)—Clarify that an if adequate records are available to Insurance Provisions; 7 CFR § 457.144, insured may select only one price support the certification. The producer Northern Processing Potato Quality election for all potatoes insured in a must maintain the production records to Endorsement Crop Insurance county, unless the Special Provisions support the certified information for at Provisions; 7 CFR § 457.145, Certified provide for separate price elections by least three years. This regulation does Seed Potato Endorsement Crop type, in which case the insured may not alter those requirements. Insurance Provisions; 7 CFR § 457.146, select one price election for each type The amount of work required of the Northern Potato Storage Endorsement designated in the Special Provisions. insurance companies delivering and Crop Insurance Provisions; and 7 CFR 4. Sections 3(b) and (c)—Reduce the servicing these policies will not increase § 457.147, Central and Southern Potato price used to determine the amount of significantly from the amount of work Crop Insurance Provisions. The new an indemnity for unharvested acreage to currently required. This rule does not provisions will be effective for the 1998 80 percent of the price election elected have any greater or lesser impact on the and succeeding crop years. These by the insured. This will take into producer. Therefore, this action is provisions will replace and supersede account those costs not incurred by the determined to be exempt from the the current provisions for insuring insured when the crop is not harvested. provisions of the Regulatory Flexibility potatoes found at 7 CFR part 422 (Potato 5. Section 4—Change the contract Act (5 U.S.C. 605), and no Regulatory Crop Insurance Regulations). FCIC also change date to November 30 for all Flexibility Analysis was prepared. proposes to amend 7 CFR part 422 to counties to maintain an adequate time Federal Assistance Program limit its effect to the 1997 and prior crop period between this date and the revised years. This program is listed in the Catalog cancellation dates (see item 6 below). of Federal Domestic Assistance under This action will revise the potato crop 6. Section 5—Change the cancellation No. 10.450. insurance regulations by providing and termination dates from April 15 to separate crop provisions for areas in March 15. These changes are made to Executive Order No. 12372 which it is common to store potatoes standardize the cancellation and This program is not subject to the after harvest (northern areas) and areas termination date with the sales closing provisions of Executive Order No. in which storage of production is less date. The sales closing dates were 12372, which require intergovernmental common (central and southern areas). It previously amended to comply with the consultation with State and local also will make available a new requirement of the Federal Crop officials. See the Notice related to 7 CFR endorsement (Northern Potato Storage Insurance Reform Act of 1994 that part 3015, subpart V, published at 48 FR Endorsement) to provide coverage for spring planted crop sales closing dates 29115, June 24, 1983. damage that occurs within the insurance be moved 30 days earlier. period but does not become evident 7. Section 8(b)—Provide that any Executive Order No. 12988 until a later time. This rule also makes acreage damaged prior to the final This proposed rule has been reviewed minor editorial and format changes to planting date, to the extent that the under the provisions of Executive Order improve the Potato Crop Insurance majority of growers in the area would 12988. The provisions of this rule will Regulations’ compatibility with the not normally further care for the crop, not have a retroactive effect prior to the Common Crop Insurance Policy. In must be replanted unless the insurer effective date. The provisions of this addition, FCIC is proposing substantive agrees that it is not practical to replant. rule will preempt State and local laws changes in the provisions for insuring This makes these provisions consistent to the extent such State and local laws potatoes as follows. with most other crops. Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules 19693

8. Section 9—The end of the ‘‘hundredweight,’’ ‘‘interplanted,’’ prevent a loss in quantity or quality of insurance period is changed from: ‘‘irrigated practice,’’ ‘‘marketable lot,’’ production due to disease. (a) October 31 to October 15 in ‘‘planted acreage,’’ ‘‘planting period,’’ 9. Section 13—Provides insurance Nevada; ‘‘practical to replant,’’ ‘‘production coverage by written agreement in certain (b) October 31 for Russet Burbanks guarantee (per acre),’’ ‘‘replanting,’’ instances. FCIC has a long standing and October 15 for all other types to a ‘‘timely planted,’’ and ‘‘written policy of permitting certain single date of October 20 in Maine; and agreement’’ for clarification. modifications of the insurance contract (c) October 15 to October 31 in Ohio; 2. Clarify the guidelines under which by written agreement for some policies. Rhode Island; Humboldt, Modoc, and basic units may be divided into optional This amendment allows FCIC to tailor Siskiyou Counties, California; and for units, including for planting periods if the policy to a specific insured in potato types other than Russets in allowed by the Special Provisions. certain instances. The new section will Idaho, Oregon, and Washington. 3. Section 3(a)—Clarify that an cover the procedures for and duration of These changes were made to more insured may select only one price written agreements. accurately reflect the normal period in election for all potatoes insured in a which potatoes are grown in the affected county, unless the Special Provisions Northern Potato Quality Endorsement states or counties. provide for separate price elections by 1. Section 3(b)—Exclude coverage for 9. Section 12(d)(1)(iii)—Increases the type, in which case, the insured may acreage grown for the production of amount of production to count when select one price election for each type seed. Such acreage often is grown under production is harvested prior to full designated in the Special Provisions. management practices designed to maturity. The production to count will 4. Sections 3 (b) and (c)—Reduce the produce potatoes smaller than those be increased by 2% of harvested price used to determine the amount of required by grading standards for fresh production per day for every day the an indemnity for unharvested acreage to or processing use. These management potatoes were harvested prior to full 80 percent of the price election elected practices are incompatible with the maturity. This percentage is based on by the insured. This will take into protection provided under the Potato University studies of average bulking account those costs not incurred by the Quality Endorsement against under- factors. This adjustment will not be insured when the crop is not harvested. sized production. made if production is harvested early to 5. Section 4—The contract change 2. Section 4(a)—Provide additional prevent a loss in quantity or quality of date has been changed to November 30 quality adjustment for production with production due to disease. These in Oklahoma and Haskell County, internal defects that cannot be sorted changes will give consistency to the Texas, and in all counties with a March from undamaged production. Current procedure for determining production 15 cancellation date, to maintain an provisions do not provide adequate, or lost to early harvest. adequate time period between these in some cases, any adjustment when the 10. Sections 12 (e) and (f)— dates and the revised cancellation dates entire crop is not marketable due to Incorporate quality adjustment for (see item 6 below). internal defects and has to be destroyed. production damaged by freeze or other 6. Section 5—The cancellation and 3. Section 5—Clarify that production causes that result in soft rot, wet termination dates have been changed to which is harvested or appraised prior to breakdown, or other tuber rot condition February 28 in Oklahoma and Haskell reaching full maturity that does not into the crop provisions. Previously, County, Texas to more accurately reflect grade U.S. No. 2 solely as a result of size such quality adjustments were optional. the period in which potatoes are grown will be considered to grade U.S. No. 2. 11. Section 13—Provides insurance in these locations. The cancellation and coverage by written agreement in certain termination dates have been changed to Northern Processing Potato Quality instances. FCIC has a long standing March 15 for those counties that Endorsement policy of permitting certain currently have an April 15 date. These 1. The Processing Quality modifications of the insurance contract changes are made to standardize the Endorsement has been rewritten so that by written agreement for some policies. cancellation and termination date with it will attach to and amend the Quality This amendment allows FCIC to tailor the sales closing date. The sales closing Endorsement. This allows removal of the policy to a specific insured in dates were previously amended to duplicative provisions since the primary certain instances. The new section will comply with the requirement of the difference between the two cover the procedures and duration of Federal Crop Insurance Reform Act of endorsements is the coverage provided written agreements. 1994 that spring planted crop sales for low specific gravity and dark fry closing dates be moved 30 days earlier. color in the processing endorsement. Central and Southern Potato Crop 7. Section 8(b)—Provides that any Provisions The combination will also result in acreage damaged prior to the final quality protection for all of a producer’s 1. Remove the definition of ‘‘county’’ planting date (on or before the last day acreage, not just the acreage covered by to default to the definition contained in of the applicable planting period in the processor contract. the Basic Provisions (§ 457.8). The counties for which the Special 2. Section 6(a)(1)(i)—Change the value current definition includes land Provisions designate separate planting of undamaged production from the identified by an FSA farm serial number periods), to the extent that the majority highest price election to the base for the county that is physically located of growers in the area would not contract price in order to more in another county the new definition normally further care for the crop, must accurately reflect lost value. does not. This change will require land be replanted unless the insurer agrees in another county to be insured using that it is not practical to replant. This Certified Seed Potato Endorsement the actuarial materials for the county makes this provision consistent with 1. Section 4—Limit the insurable where the land is located and make this most other crops. certified seed acreage to not greater than provision consistent with most other 8. Section 12(d)(1)(iii)—Increases the 125% of the average number of acres crops. Add definitions for ‘‘certified amount of production to count when entered into the state certification seed,’’ ‘‘days,’’ ‘‘discard,’’ ‘‘FSA,’’ ‘‘final production is harvested prior to full program in the three previous years, planting date,’’ ‘‘good farming maturity. This adjustment will not be unless a written agreement allows more practices,’’ ‘‘grade inspection,’’ made if production is harvested early to acreage to be insured. This change is 19694 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules made to reduce vulnerability to program § 457.142 Northern Potato Crop Insurance during the growing season by appropriate abuse caused by persons declaring large Provisions. systems and at the proper times, with the acreages insured for seed but intending The Northern Potato Crop Insurance intention of providing the quantity of water Provisions for the 1998 and succeeding needed to produce at least the yield used to to produce potatoes for human establish the irrigated production guarantee consumption. crop years are as follows: on the irrigated acreage planted to the 2. Rotation requirements and FCIC policies: insured crop. standards for parent seed have been DEPARTMENT OF AGRICULTURE Local market—The area in which the removed from the endorsement. These insured potatoes are normally sold. requirements are established and Federal Crop Insurance Corporation Planted acreage—Land in which seed has administered by individual state Reinsured policies: been placed by a machine appropriate for the insured crop and planting method, at the certification authorities and vary by (Appropriate title for insurance provider) correct depth, into a seedbed that has been state. Both FCIC and reinsured policies: properly prepared for the planting method List of Subjects in 7 CFR Parts 422 and NORTHERN POTATO CROP PROVISIONS and production practice. Acreage planted in any other manner will not be insurable 457 These provisions will be applicable in: unless otherwise provided by the Special Alaska; Humboldt, Modoc, and Siskiyou Provisions or by written agreement. Crop insurance, Potato crop insurance Counties, California; Colorado; Connecticut; regulations, Potatoes. Practical to replant—In lieu of the Idaho; Indiana; Iowa; Maine; Massachusetts; definition of ‘‘Practical to replant’’ contained Michigan; Minnesota; Montana; Nebraska; Proposed Rule in section 1 of the Basic Provisions (§ 457.8), Nevada; New York; North Dakota; Ohio; practical to replant is defined as our Accordingly, for the reasons set forth Oregon; Pennsylvania; Rhode Island; South determination, after loss or damage to the in the preamble, the Federal Crop Dakota; Utah; Washington; Wisconsin; and insured crop, based on factors, including but Wyoming. Insurance Corporation hereby proposes not limited to moisture availability, If a conflict exists among the Basic condition of the field, marketing windows, to amend 7 CFR parts 422 and 457 as Provisions (§ 457.8), these Crop Provisions, follows: and time to crop maturity, that replanting the and the Special Provisions; the Special insured crop will allow the crop to attain Provisions will control these Crop Provisions PART 422ÐPOTATO CROP maturity prior to the calendar date for the and the Basic Provisions; and these Crop end of the insurance period. It will not be INSURANCE REGULATIONS Provisions will control the Basic Provisions. considered practical to replant after the end 1. Definitions of the late planting period unless replanting 1. The authority citation for 7 CFR is generally occurring in the area. part 422 is revised to read as follows: Certified seed—Potatoes for planting a potato crop in a subsequent crop year that Processor contract—A written agreement Authority: 7 U.S.C. 1506(1), 1506(p). have been found to meet the standards of the between the producer and a processor, public agency that is responsible for the seed containing at a minimum: 2. The subpart heading preceding certification process within the state in (a) The producer’s commitment to plant § 422.1 is revised to read as follows: which they were grown. and grow potatoes, and to deliver the potato Days—Calendar days. production to the processor; SubpartÐRegulations for the 1986 Discard—Disposal of production by you, or (b) The processor’s commitment to through 1997 Crop Years (1987 a person acting for you, without receiving purchase the production stated in the through 1997 Crop Years in Certain any value for it. contract; and California Counties and Florida) FSA—The Farm Service Agency, an agency (c) A price that will be paid to the producer of the United States Department of for the production stated in the contract. Production guarantee (per acre)—The 3. Section 422.7 is amended by Agriculture, or a successor agency. Final planting date—The date contained in number of hundredweights determined by revising the introductory text of multiplying the approved actual production paragraph (d) to read as follows: the Special Provisions for the insured crop by which the crop must initially be planted in history yield per acre by the coverage level percentage you elect. § 422.7 The application and policy. order to be insured for the full production guarantee. Replanting—Performing the cultural * * * * * Good farming practices—The cultural practices necessary to prepare the land to (d) The application for the 1986 and practices generally in use in the county for replace the potato seed and then replacing succeeding crop years is found at the crop to make normal progress toward the potato seed in the insured acreage with maturity and produce at least the yield used the expectation of growing a successful crop. subpart D of part 400—General Timely planted—Planted on or before the Administrative Regulations (7 CFR to determine the production guarantee, and are those recognized by the Cooperative State final planting date designated in the Special 400.37, 400.38). The provisions of the Provisions for the insured crop in the county. Research, Education, and Extension Service Potato Crop Insurance Policy for the Written agreement—A written document as compatible with agronomic and weather that alters designated terms of this policy in 1986 through 1997 crop years (1987 conditions in the county. accordance with section 13 of these Crop through 1997 crop years in certain Grade inspection—An inspection prior to Provisions. California counties and Florida) are as the sale, storage, or disposal of any lot of follows: potatoes, or any portion of a lot, in which the 2. Unit Division * * * * * potatoes are evaluated and quality (grade) (a) Unless limited by the Special determinations are made by us, a laboratory Provisions, a unit as defined in section 1 PART 457ÐCOMMON CROP approved by us, or a potato grader licensed (Definitions) of the Basic Provisions (§ 457.8) INSURANCE REGULATIONS; or certified by the applicable State or the (basic unit) may be divided into optional REGULATIONS FOR THE 1994 AND United States Department of Agriculture. units only if, for each optional unit, you meet SUBSEQUENT CONTRACT YEARS Harvest—The digging of potatoes. all the conditions of this section or if a Hundredweight—One hundred (100) written agreement to such division exists. pounds avoirdupois. 4. The authority citation for 7 CFR (b) Basic units may not be divided into Interplanted—Acreage on which two or optional units on any basis including, but not part 457 continues to read as follows: more crops are planted in a manner that does limited to, production practice, type, variety, Authority: 7 U.S.C. 1506(l), 1506(p). not permit separate agronomic maintenance and planting period, other than as described or harvest of the insured crop. in this section. 5. Section 457.142 is added to read as Irrigated practice—A method of producing (c) If you do not comply fully with these follows: a crop by which water is artificially applied provisions, we will combine all optional Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules 19695 units that are not in compliance with these not qualify as a separate non-irrigated (d) That are not (unless allowed by the provisions into the basic unit from which optional unit, they will be a part of the unit Special Provisions or by written agreement): they were formed. We will combine the containing the irrigated acreage. However, (1) Interplanted with another crop; or optional units at any time we discover that non-irrigated acreage that is not a part of a (2) Planted into an established grass or you have failed to comply with these field in which a center-pivot irrigation legume. provisions. If failure to comply with these system is used may qualify as a separate 8. Insurable Acreage provisions is determined to be inadvertent, optional unit provided that all requirements and the optional units are combined into a of this section are met. In addition to the provisions of section 9 basic unit, that portion of the additional (Insurable Acreage) of the Basic Provisions 3. Insurance Guarantees, Coverage Levels, (§ 457.8), we will not insure any acreage that: premium paid for the optional units that and Prices for Determining Indemnities have been combined will be refunded to you. (a) Does not meet the rotation requirements (d) All optional units you selected for a (a) In addition to the requirements of shown in the Special Provisions; or crop year must be identified on the acreage section 3 (Insurance Guarantees, Coverage (b) Is damaged before the final planting report for that crop year. Levels, and Prices for Determining date to the extent that the majority of (e) The following requirements must be Indemnities) of the Basic Provisions (§ 457.8), producers in the area would normally not you may select only one price election for all met for each optional unit: further care for it, unless it is replanted or we the potatoes in the county insured under this (1) You must have provided records by the agree that it is not practical to replant. policy unless the Special Provisions provide production reporting date, which can be 9. Insurance Period different price elections by type, in which independently verified, of planted acreage case you may select one price election for In accordance with the provisions of and production for each optional unit for at each potato type designated in the Special section 11 (Insurance Period) of the Basic least the last crop year used to determine Provisions. The price elections you choose Provisions (§ 457.8), the calendar date for the your production guarantee; for each type must have the same percentage end of the insurance period is the date (2) You must plant the crop in a manner relationship to the maximum price offered by immediately following planting as follows that results in a clear and discernable break us for each type. For example, if you choose (exceptions for specific counties, varieties or in the planting pattern at the boundaries of 100 percent of the maximum price election types as may be contained in the Special each optional unit; for one type, you must also choose 100 Provisions): (3) You must have records of marketed percent of the maximum price election for all (a) October 1 in Alaska; production or measurement of stored other types. (b) October 10 in Nebraska and Wyoming; production from each optional unit (b) If any acreage of the insured crop is not (c) October 15 in Colorado; Indiana; Iowa; maintained in such a manner that permits us harvested, the price used to determine Michigan; Minnesota; Montana; Nevada; to verify the production from each optional whether or not an indemnity is owed for North Dakota; South Dakota; Utah; and unit, or the production from each unit must such acreage will be 80 percent of your price Wisconsin; be kept separate until loss adjustment is election. (d) October 20 in Maine; and completed by us; and (c) Any acreage of potatoes damaged to the (e) October 31 in Humboldt, Modoc, and (4) Each optional unit must meet one or extent that the majority of producers in the Siskiyou Counties, California; Connecticut; more of the following criteria, as applicable: area would not normally further care for the Idaho; Massachusetts; New York; Ohio; (i) Optional Units by Section, Section potatoes will be deemed to have been Oregon; Pennsylvania; Rhode Island; and Equivalent, or FSA Farm Serial Number: destroyed even though you may continue to Washington. Optional units may be established if each care for it. The price election for unharvested 10. Causes of Loss optional unit is located in a separate legally acreage will apply to such acreage. (a) In accordance with the provisions of identified section. In the absence of sections, 4. Contract Changes we may consider parcels of land legally section 12 (Causes of Loss) of the Basic identified by other methods of measure In accordance with section 4 (Contract Provisions (§ 457.8), insurance is provided including, but not limited to Spanish grants, Changes) of the Basic Provisions (§ 457.8), only against the following causes of loss that railroad surveys, leagues, labors, or Virginia the contract change date is November 30 occur within the insurance period: Military Lands, as the equivalent of sections preceding the cancellation date. (1) Adverse weather conditions; for unit purposes. In areas that have not been 5. Cancellation and Termination Dates (2) Fire; surveyed using the systems identified above, (3) Insects, but not damage due to In accordance with section 2 (Life of insufficient or improper application of pest or another system approved by us, or in areas Policy, Cancellation, and Termination) of the where such systems exist but boundaries are control measures; Basic Provisions (§ 457.8), the cancellation (4) Plant disease, but not damage due to not readily discernable, each optional unit and termination dates are March 15. must be located in a separate farm identified insufficient or improper application of 6. Annual Premium by a single FSA farm serial number. disease control measures; (ii) Optional Units on Acreage Including In lieu of the premium computation (5) Wildlife; Both Irrigated and Non-irrigated Practices: In method contained in section 7 (Annual (6) Earthquake; addition to, or instead of, establishing Premium) of the Basic Provisions (§ 457.8), (7) Volcanic eruption; or (8) Failure of the irrigation water supply, optional units by section, section equivalent, the annual premium amount is computed by if caused by an insured peril listed in section or FSA farm serial number, optional units multiplying the production guarantee by the 10(a) (1) through (7) that occurs during the may be based on irrigated acreage or non- price election for harvested acreage, the insurance period. irrigated acreage if both are located in the premium rate, the insured acreage, your (b) In addition to the causes of loss not same section, section equivalent or FSA farm share at the time of planting, and any insured against as listed in section 12 of the serial number. To qualify as separate applicable premium adjustment factors Basic Provisions (§ 457.8), we will not insure irrigated and non-irrigated optional units, the contained in the Actuarial Table. against any loss of production due to: non-irrigated acreage may not continue into 7. Insured Crop (1) Damage that occurs or becomes evident the irrigated acreage in the same rows or In accordance with section 8 (Insured after the end of the insurance period, planting pattern. The irrigated acreage may Crop) of the Basic Provisions (§ 457.8), the including, but not limited to, damage that not extend beyond the point at which the crop insured will be all the potatoes in the occurs or becomes evident in storage; or irrigation system can deliver the quantity of county for which a premium rate is provided (2) Causes, such as freeze after certain water needed to produce the yield on which by the Actuarial Table: dates, that are limited by the Special the guarantee is based, except the corners of (a) In which you have a share; Provisions. a field in which a center-pivot irrigation (b) Planted with certified seed unless system is used will be considered as irrigated otherwise permitted by the Special 11. Duties in the Event of Damage or Loss acreage if separate acceptable records of Provisions; (a) In accordance with the requirements of production from the corners are not (c) Planted for harvest as certified seed section 14 (Duties in the Event of Damage or provided. If the corners of a field in which stock, or for human consumption, unless Loss) of the Basic Provisions (§ 457.8), the a center-pivot irrigation system is used do specified otherwise in the Special Provisions; representative samples of the unharvested 19696 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules crop must be at least 10 feet wide and extend (iv) Unharvested production (unharvested designated in the Special Provisions for the the entire length of each field in the unit. The production may be adjusted in accordance insured potato type, and multiplying the samples must not be harvested or destroyed with sections 12 (e), (f), and (g)); and result (not to exceed 1.0) by the number of until the earlier of our inspection or 15 days (v) Potential production on insured acreage hundredweight of sold production. If after harvest of the balance of the unit is that you intend to put to another use or production is sold for a price lower than the completed. abandon, if you and we agree on the value appropriate and representative of the (b) We must be given the opportunity to appraised amount of production. Upon such local market, we will determine the value of perform a grade inspection on any unit for agreement, the insurance period for that the production based on the price you could which you have given notice of damage. acreage will end when you put the acreage have received in the local market; 12. Settlement of Claim to another use or abandon the crop. If (ii) For harvested potatoes discarded agreement on the appraised amount of within 7 days of harvest and appraised (a) We will determine your loss on a unit production is not reached: unharvested production that could: basis. In the event you are unable to provide (A) If you do not elect to continue to care (A) Not have been sold, the production to separate acceptable production records: for the crop, we may give you consent to put count will be zero; or (1) For any optional units, we will combine the acreage to another use if you agree to (B) Have been sold, the production will be all optional units for which acceptable leave intact, and provide sufficient care for, reduced as follows (all percentage points of production records were not provided; or representative samples of the crop in damage will be rounded to the nearest 0.1 (2) For any basic units, we will allocate any locations acceptable to us, (The stage percent): commingled production to such units in guarantee will be limited as specified in (1) 0.1 percent for each 0.1 percent of proportion to our liability on the harvested section 3 even if the representative samples damage through 5.0 percent; acreage for the units. are harvested; and the amount of production (2) 0.5 percent for each 0.1 percent of (b) In the event of loss or damage covered to count for such acreage will be based on the damage from 5.1 percent through 6.0 percent; by this policy, we will settle your claim by: harvested production or appraisals from the (3) 1.0 percent for each 0.1 percent of (1) Multiplying the insured acreage by its samples at the time harvest should have damage from 6.1 through 8.0 percent; respective production guarantee; occurred. If you do not leave the required (4) 2.0 percent for each 0.1 percent of (2) Multiplying each result in section samples intact, or fail to provide sufficient damage from 8.1 through 9.0 percent; and 12(b)(1) by the respective price election; care for the samples, our appraisal made (5) 2.5 percent for each 0.1 percent of (3) Totaling the results of section 12(b)(2); prior to giving you consent to put the acreage damage from 9.1 through 11.0 percent. (4) Multiplying the total production to be to another use will be used to determine the (iii) For potatoes remaining in storage 8 or counted of each type, if applicable, (see amount of production to count); or more days after harvest, adjustment will be section 12(d)) by the respective price (B) If you elect to continue to care for the made in accordance section 12(g)(2)(ii)(B). election; crop, the amount of production to count for 13. Written Agreements (5) Totaling the results of section 12(b)(4); the acreage will be the harvested production, (6) Subtracting the results of section Designated terms of this policy may be or our reappraisal if additional damage 12(b)(5) from the result in section 12(b)(3); altered by written agreement in accordance occurs and the crop is not harvested; and and with the following: (7) Multiplying the result of section (2) All harvested production from the (a) You must apply in writing for each 12(b)(6) by your share. insurable acreage (the amount of production written agreement no later than the sales (c) The extent of any loss must be prior to the sorting or discarding of any closing date, except as provided in section determined no later than the time the production). 13(e); potatoes are placed in storage, if the (e) Potato production is eligible for quality (b) The application for a written agreement production is stored prior to sale, or the date adjustment if: must contain all variable terms of the they are delivered to a buyer, wholesaler, (1) The potatoes have freeze damage, soft contract between you and us that will be in packer, broker, or other handler if production rot or wet breakdown, or other tuber rot effect if the written agreement is not is not stored. conditions as defined in the United States approved; (d) The total production to count (in Standards for Grades of Potatoes; (c) If approved, the written agreement will hundredweight) from all insurable acreage on (2) Freeze damage, soft rot, wet breakdown, include all variable terms of the contract, including, but not limited to, crop type or the unit will include: or other tuber rot condition is present at or variety, the guarantee, premium rate, and (1) All appraised production as follows: prior to the end of the insurance period; price election; (i) Not less than the production guarantee (3) The amount (percentage) of damage is (d) Each written agreement will only be per acre for acreage: determined no later than the end of the valid for one year (If the written agreement (A) That is abandoned; insurance period; and is not specifically renewed the following (B) That is put to another use without our (4) A grade inspection is performed. year, insurance coverage for subsequent crop consent; (f) Potato production that is eligible for years will be in accordance with the printed (C) That is damaged solely by uninsured quality adjustment, as specified in section 12(e), with 5 percent damage (by weight) or policy); and causes; (e) An application for a written agreement (D) From which any production is less will be adjusted 0.1 percent for each 0.1 percent of damage through 5.0 percent. submitted after the sales closing date may be disposed of without a grade inspection; or approved if, after our physical inspection of (E) For which you fail to provide (g) Potato production that is eligible for quality adjustment, as specified in section the acreage, it is determined that no loss has acceptable production records; occurred and the crop is insurable in (ii) Production lost due to uninsured 12(e), with 5.1 percent damage (by weight) or more will be adjusted as follows: accordance with the policy and written causes; agreement provisions. (iii) Production lost due to harvest prior to (1) For potatoes damaged by freeze, full maturity. Production to count from such production will be reduced 0.1 percent for 6. Section 457.147 is added to read as acreage will be determined by increasing the each 0.1 percent of damage through 5.0 follows: amount of harvested production by 2 percent percent, 0.5 percent for each 0.1 percent of per day for each day the potatoes were damage in from 5.1 through 15.0 percent, and § 457.147 Central and Southern Potato harvested prior to the date the potatoes by 1.0 percent for each 0.1 percent of damage Crop Insurance Provisions. would have reached full maturity. The date from 15.1 through 19.5 percent. The Central and Southern Potato Crop the potatoes would have reached full (2) For potatoes that have soft rot, wet Insurance Provisions for the 1998 and maturity will be determined using the normal breakdown or other tuber rot conditions due succeeding crop years are as follows: number of days to full maturity for the to late blight or any other insurable cause variety, growing area, and planting date. This (except freeze), production to count will be FCIC policies: adjustment will not be made if the potatoes determined as follows: DEPARTMENT OF AGRICULTURE are damaged by an insurable cause of loss, (i) For potatoes sold within 7 days of and leaving the crop in the field would either harvest, by dividing the price received per Federal Crop Insurance Corporation reduce production or decrease quality; hundredweight by the highest price election Reinsured policies: Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules 19697

(Appropriate title for insurance provider) method, at the correct depth, into a seedbed premium paid for the optional units that Both FCIC and reinsured policies: which has been properly prepared for the have been combined will be refunded to you. planting method and production practice. (e) All optional units you selected for a CENTRAL AND SOUTHERN POTATO CROP Acreage planted in any other manner will not crop year must be identified on the acreage PROVISIONS be insurable unless otherwise provided by report for that crop year. These provisions will be applicable in: the Special Provisions or by written (f) The following requirements must be met Alabama; all California counties except agreement. for each optional unit: Humboldt, Modoc and Siskiyou; Delaware; Planting period—The period of time (1) You must have provided records by the Florida; Maryland; Missouri; New Jersey; between the calendar dates designated in the production reporting date, which can be New Mexico; North Carolina; Oklahoma; Special Provisions for the planting of spring- independently verified, of planted acreage Texas; and Virginia. planted, summer-planted, fall-planted, or and production for each optional unit for at If a conflict exists among the Basic winter-planted potatoes. least the last crop year used to determine Provisions (§ 457.8), these Crop Provisions, Practical to replant—In lieu of the your production guarantee; and the Special Provisions; the Special definition of ‘‘Practical to replant’’ contained (2) You must plant the crop in a manner Provisions will control these Crop Provisions in section one of the Basic Provisions that results in a clear and discernable break and the Basic Provisions; and these Crop (§ 457.8), practical to replant is defined as in the planting pattern at the boundaries of Provisions will control the Basic Provisions. our determination, after loss or damage to the each optional unit; 1. Definitions insured crop, based on factors, including but (3) You must have records of marketed not limited to moisture availability, production or measurement of stored Certified seed—Potatoes for planting a condition of the field, marketing windows, production from each optional unit potato crop in a subsequent crop year that and time to crop maturity, that replanting to maintained in such a manner that permits us have been found to meet the standards of the the insured crop will allow the crop to attain to verify the production from each optional public agency that is responsible for the seed maturity prior to the calendar date for the certification process within the State in end of the insurance period. It will not be unit, or the production from each unit must which they were grown. considered practical to replant after the end be kept separate until after loss adjustment is Days—Calendar days. of the late planting period, or the end of the completed by us; and Discard—Disposal of production by you, or planting period in which initial planting took (4) Each optional unit must meet one or a person acting for you, without receiving place in counties for which the Special more of the following criteria, as applicable: any value for it. Provisions designates separate planting (i) Optional Units by Section, Section FSA—The Farm Service Agency, an agency periods, unless replanting is generally Equivalent, or FSA Farm Serial Number: of the United States Department of occurring in the area. Optional units may be established if each Agriculture, or a successor agency. Production guarantee (per acre)—The optional unit is located in a separate legally Final planting date—The date contained in number of hundredweights determined by identified section. In the absence of sections, the Special Provisions for the insured crop by multiplying the approved actual production we may consider parcels of land legally which the crop must initially be planted in history yield per acre by the coverage level identified by other methods of measure order to be insured for the full production percentage you elect. including, but not limited to Spanish grants, guarantee. Replanting—Performing the cultural railroad surveys, leagues, labors, or Virginia Good farming practices—The cultural practices necessary to prepare the land to Military Lands, as the equivalent of sections practices generally in use in the county for replace the potato seed and then replacing for unit purposes. In areas that have not been the crop to make normal progress toward the potato seed in the insured acreage with surveyed using the systems identified above, maturity and produce at least the yield used the expectation of growing a successful crop. or another system approved by us, or in areas to determine the production guarantee, and Timely planted—Planted on or before the where such systems exist but boundaries are are those recognized by the Cooperative State final planting date designated in the Special not readily discernable, each optional unit Research, Education, and Extension Service Provisions for the insured crop in the county. must be located in a separate farm identified as compatible with agronomic and weather Written agreement—A written document by a single FSA farm serial number. conditions in the county. that alters designated terms of this policy in (ii) Optional Units on Acreage Including Grade inspection—An inspection prior to accordance with section 13 of these crop Both Irrigated and Non-irrigated Practices: In the sale, storage, or disposal of any lot of provisions. addition to, or instead of, establishing potatoes, or any portion of a lot, in which the optional units by section, section equivalent, potatoes are evaluated and quality (grade) 2. Unit Division or FSA farm serial number, optional units determinations are made by us, a laboratory (a) Unless limited by the Special may be based on irrigated acreage or non- approved by us, or a potato grader licensed Provisions, in addition to the provisions irrigated acreage if both are located in the or certified by the applicable State or the defining a unit in section 1 (Definitions) of same section, section equivalent, or FSA farm United States Department of Agriculture. the Basic Provisions (§ 457.8), (basic unit) Harvest—The digging of potatoes. each planting in an area where the Special serial number. To qualify as separate Hundredweight—One hundred (100) Provisions allow separate planting periods irrigated and non-irrigated optional units, the pounds avoirdupois. will be considered to be a separate basic unit. non-irrigated acreage may not continue into Interplanted—Acreage on which two or (b) Basic units may be divided into the irrigated acreage in the same rows or more crops are planted in a manner that does optional units if, for each optional unit you planting pattern. The irrigated acreage may not permit separate agronomic maintenance meet all the conditions of this section or if not extend beyond the point at which your or harvest of the insured crop. a written agreement to such division exists. irrigation system can deliver the quantity of Irrigated practice—A method of producing (c) Basic units may not be divided into water needed to produce the yield on which a crop by which water is artificially applied optional units on any basis including, but not the guarantee is based, except the corners of during the growing season by appropriate limited to, production practice, type, and a field in which a center-pivot irrigation systems and at the proper times, with the variety, other than as described under this system is used will be considered as irrigated intention of providing the quantity of water section. acreage if separate acceptable records of needed to produce at least the yield used to (d) If you do not comply fully with these production from the corners are not establish the irrigated production guarantee provisions, we will combine all optional provided. If the corners of a field in which on the irrigated acreage planted to the units that are not in compliance with these a center-pivot irrigation system is used do insured crop. provisions into the basic unit from which not qualify as a separate non-irrigated Marketable lot—A quantity of production they were formed. We will combine the optional unit, they will be a part of the unit that can be separated from other quantities of optional units at any time we discover that containing the irrigated acreage. However, production by grade characteristics, load, you have failed to comply with these non-irrigated acreage that is not a part of a location or another distinctive feature. provisions. If failure to comply with these field in which a center-pivot irrigation Planted acreage—Land in which seed has provisions is determined to be inadvertent, system is used may qualify as a separate been placed in the soil by a machine and the optional units are combined into a optional unit provided that all requirements appropriate for the insured crop and planting basic unit, that portion of the additional of this section are met. 19698 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules

3. Insurance Guarantees, Coverage Levels, State and county Dates (a) July 15 in Missouri; North Carolina; and and Prices for Determining Indemnities all Texas counties except Bailey, Castro, Dallam, Deaf Smith, Floyd, Gaines, Hale, (a) In addition to the requirements of Alabama; Delaware; Mary- December 31. land; Missouri; New Jer- Haskell, Hartley, Knox, Lamb, Parmer, section 3 (Insurance Guarantees, Coverage Swisher, and Yoakum. Levels, and Prices for Determining sey; North Carolina; Vir- ginia; and all Florida (b) July 25 in Virginia. Indemnities) of the Basic Provisions (§ 457.8), Counties except Manatee, (c) August 15 in Oklahoma; and Haskell you may select only one price election for all Hardee, Highlands, Okee- and Knox Counties, Texas. the potatoes in the county insured under this chobee, and St. Lucie (d) In Alabama; California; and Florida, the policy unless the Special Provisions provide Counties, Florida, and all dates established by the Special Provisions different price elections by type, in which Florida counties lying for each planting period; and (e) October 15 in Bailey, Castro, Dallam, case you may select one price election for south thereof. Deaf Smith, Floyd, Gaines, Hale, Hartley, each potato type designated in the Special Oklahoma; Haskell and February 28. Lamb, Parmer, Swisher, and Yoakum Knox County, Texas. Provisions. The price elections you choose Counties, Texas; Delaware; Maryland; New Bailey, Castro, Dallam, Deaf March 15. for each type must have the same percentage Jersey; and New Mexico. relationship to the maximum price offered by Smith, Floyd, Gaines, Hale, Hartley, Lamb, 10. Causes of Loss us for each type. For example, if you choose Parmer, Swisher, and 100 percent of the maximum price election (a) In accordance with the provisions of Yoakum counties, Texas; section 12 (Causes of Loss) of the Basic for one type, you must also choose 100 and New Mexico. Provisions (§ 457.8), insurance is provided percent of the maximum price election for all only against the following causes of loss other types. 6. Annual Premium which occur within the insurance period: (b) If any acreage of the insured crop is not In lieu of the premium computation (1) Adverse weather conditions; harvested, the price used to determine method contained in section 7 (Annual (2) Fire; whether or not an indemnity is owed for Premium) of the Basic Provisions (§ 457.8), (3) Insects, but not damage due to such acreage will be 80 percent of your price the annual premium amount is computed by insufficient or improper application of pest election. multiplying the production guarantee by the control measures; (c) Any acreage of potatoes damaged to the price election for harvested acreage, the (4) Plant disease, but not damage due to insufficient or improper application of extent that the majority of producers in the premium rate, the insured acreage, your share at the time of planting, and any disease control measures; area would not normally further care for the (5) Wildlife; potatoes will be deemed to have been applicable premium adjustment factors contained in the Actuarial Table. (6) Earthquake; destroyed even though you may continue to (7) Volcanic eruption; or care for it. The price election for unharvested 7. Insured Crop (8) Failure of the irrigation water supply, acreage will apply to such acreage. In accordance with section 8 (Insured if caused by an insured peril listed in section Crop) of the Basic Provisions (§ 457.8), the 10(a) (1) through (7) that occurs during the 4. Contract Changes crop insured will be all the potatoes in the insurance period. In accordance with section 4 (Contract county for which a premium rate is provided (b) In addition to the causes of loss not Changes) of the Basic Provisions (§ 457.8), by the Actuarial Table: insured against as listed in section 12 (Causes the contract change date is: (a) In which you have a share; of Loss) of the Basic Provisions (§ 457.8), we (a) June 30 preceding the cancellation date (b) Planted with certified seed unless will not insure against any loss of production for counties with a September 30 otherwise permitted by the Special due to: Provisions; (1) Damage that occurs or becomes evident cancellation date; (c) Planted for harvest as certified seed after the end of the insurance period, (b) September 30 preceding the stock, or for human consumption, unless including, but not limited to, damage that cancellation date for counties with a specified otherwise in the Special Provisions; occurs after potatoes have been placed in November 30 or December 31 cancellation (d) That are not (unless allowed by the storage; or date; and Special Provisions or by written agreement): (2) Causes, such as freeze after certain (c) November 30 preceding the cancellation (1) Interplanted with another crop; or dates, that are limited by the Special date for counties with a February 28 or (2) Planted into an established grass or Provisions. March 15 cancellation date. legume. 11. Duties in the Event of Damage or Loss 5. Cancellation and Termination Dates 8. Insurable Acreage (a) In accordance with the requirements of In addition to the provisions of section 9 In accordance with section 2 (Life of section 14 (Duties in the Event of Damage or (Insurable Acreage) of the Basic Provisions Loss) of the Basic Provisions (§ 457.8), the Policy, Cancellation, and Termination) of the (§ 457.8), we will not insure any acreage that: representative samples of the unharvested Basic Provisions (§ 457.8), the cancellation (a) Does not meet the rotation requirements crop must be at least 10 feet wide and extend and termination dates are: shown in the Special Provisions; or the entire length of each field in the unit. The (b) Is damaged before the final planting samples must not be harvested or destroyed State and county Dates date or before the end of the applicable until the earlier of our inspection or 15 days planting period in counties for which the after harvest of the balance of the unit is Manatee, Hardee, High- September 30. Special Provisions designate separate completed. lands, Okeechobee, and planting periods, to the extent that the (b) We must be given the opportunity to St. Lucie Counties, Flor- majority of producers in the area would perform a grade inspection on any unit for ida, and all Florida coun- normally not further care for it, unless it is which you have given notice of damage. ties lying south thereof. replanted or we agree that it is not practical 12. Settlement of Claim All California; and all Texas November 30. to replant. counties except Bailey, (a) We will determine your loss on a unit 9. Insurance Period basis. In the event you are unable to provide Castro, Dallam, Deaf In accordance with the provisions of separate acceptable production records: Smith, Floyd, Gaines, section 11 (Insurance Period) of the Basic (1) For any optional units, we will combine Hale, Hartley, Haskell, Provisions (§ 457.8), the calendar date for the all optional units for which acceptable Knox, Lamb, Parmer, end of the insurance period is the date production records were not provided; or Swisher, and Yoakum. immediately following planting as follows (2) For any basic units, we will allocate any (exceptions for specific counties, varieties or commingled production to such units in types may be contained in the Special proportion to our liability on the harvested Provisions): acreage for the units. Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules 19699

(b) In the event of loss or damage covered guarantee will be limited as specified in contract between you and us that will be in by this policy, we will settle your claim by: section 3 even if the representative samples effect if the written agreement is not (1) Multiplying the insured acreage by its are harvested; and the amount of production approved; respective production guarantee; to count for such acreage will be based on the (c) If approved, the written agreement will (2) Multiplying each result in section harvested production or appraisals from the include all variable terms of the contract, 12(b)(1) by the respective price election; samples at the time harvest should have including, but not limited to, crop type or (3) Totaling the results of section 12(b)(2); occurred. If you do not leave the required variety, the guarantee, premium rate, and (4) Multiplying the total production to be samples intact, or fail to provide sufficient price election; counted of each type, if applicable (see care for the samples, our appraisal made (d) Each written agreement will only be section 12(d)), by the respective price prior to giving you consent to put the acreage valid for one year (If the written agreement election; to another use will be used to determine the is not specifically renewed the following (5) Totaling the results of section 12(b)(4); amount of production to count); or year, insurance coverage for subsequent crop (6) Subtracting the results of section (B) If you elect to continue to care for the years will be in accordance with the printed 12(b)(5) from the result in section 12(b)(3); crop, the amount of production to count for policy); and and the acreage will be the harvested production, (e) An application for a written agreement (7) Multiplying the result of section or our reappraisal if additional damage submitted after the sales closing date may be 12(b)(6) by your share. occurs and the crop is not harvested; and approved if, after our physical inspection of (c) The extent of any loss must be (2) All harvested production from the the acreage, it is determined that no loss has determined no later than the time potatoes insurable acreage determined in accordance occurred and the crop is insurable in are placed in storage, if the production is with section 12(e). accordance with the policy and written stored prior to sale, or the date they are (e) With the exception of production with agreement provisions. delivered to a buyer, wholesaler, packer, external defects, only marketable lots of 7. Section 457.143 is added to read as broker, or other handler if production is not mature potatoes will be production to count stored. for loss adjustment purposes. Production not follows: (d) The total production to count (in meeting the standards for grading U.S. No. 2 § 457.143 Northern potato crop hundredweight) from all insurable acreage on due to external defects will be determined on insuranceÐquality endorsement. the unit will include: an individual potato basis for all unharvested (1) All appraised production as follows: potatoes and for any harvested potatoes if we The Northern Potato Crop Insurance (i) Not less than the production guarantee determine it is practical to separate the Quality Endorsement provisions for the per acre for acreage: damaged production. All determinations 1998 and succeeding years are as (A) That is abandoned; must be based upon a grade inspection. follows: (1) Marketable lots of potatoes will include: (B) That is put to another use without our FCIC policies: consent; (i) Those that are stored; (C) That is damaged solely by uninsured (ii) Those sold as seed; DEPARTMENT OF AGRICULTURE causes; (iii) Those sold for human consumption; Federal Crop Insurance Corporation (D) From which any production is and Reinsured policies: disposed of without a grade inspection; or (iv) All unsold harvested and appraised (E) For which you fail to provide production meeting the standards for grading (Appropriate title for insurance provider) acceptable production records; U.S. No. 2 or better on a sample basis. Both FCIC and reinsured policies: (ii) Production lost due to uninsured (2) Marketable lots will also include any NORTHERN POTATO CROP INSURANCE causes; potatoes that we determine: (iii) Production lost due to harvest prior to (i) Could have been sold for seed or human QUALITY ENDORSEMENT consumption in the general marketing area; full maturity. Production to count from such 1. In return for payment of the additional acreage will be determined by increasing the (ii) Were not sold as a result of uninsured causes including, but not limited to, failure premium designated in the Actuarial Table, amount of harvested production by 2 percent this endorsement is attached to and made per day for each day the potatoes were to meet chipper or processor standards for fry color or specific gravity; or part of your Northern Potato Crop Provisions harvested prior to the date the potatoes (§ 457.142) subject to the terms and would have reached full maturity as (iii) Were disposed of without our prior written consent and such disposition conditions described herein. determined by us. The date the potatoes 2. You must elect this endorsement on or would have reached full maturity will be prevented our determination of marketability. before the sales closing date for the initial determined using the normal number of days crop year in which you wish to insure your to full maturity for the variety, growing area, (3) Unless included in section 12(e) (1) or (2), a potato lot will not be considered potatoes under this endorsement. This and planting date. This adjustment will not endorsement will continue in effect until be made if the potatoes are damaged by an marketable if, due to insurable causes of damage, it: canceled. It may be canceled by either you insurable cause of loss, and leaving the crop or us for any succeeding crop year by giving in the field would either reduce production (i) Is partially damaged, and is salvageable only for starch, alcohol, or livestock feed; written notice to the other party on or before or decrease quality. (ii) Is discarded; the cancellation date. (iv) Unharvested production (unharvested (iii) Is left unharvested and does not meet 3. All acreage of potatoes insured under the production may be adjusted in accordance the standards for grading U.S. No. 2 or better Northern Potato Crop Provisions (§ 457.142) with section 12(e)); and due to internal defects; or will be insured under this endorsement (v) Potential production on insured acreage (iv) Does not meet the standards for except: that you intend to put to another use or grading U.S. No. 2 or better due to external (a) Any acreage specifically excluded by abandon and no longer care for, if you and defects, is harvested, and from which we the Actuarial Table; and we agree on the appraised amount of determine it is not practical to separate the (b) Any acreage grown for seed. production. Upon such agreement, the damaged production. 4. We will adjust production to count insurance period for that acreage will end if (determined in accordance with section 15 of when put the acreage to another use or 13. Written Agreements the Basic Provisions (§ 457.8) and section 11 abandon the crop. If agreement on the Designated terms of this policy may be of the Northern Potato Crop Provisions appraised amount of production is not altered by written agreement in accordance (§ 457.142)) from (1) unharvested acreage; (2) reached: with the following: harvested acreage that is stored after a grade (A) If you do not elect to continue to care (a) You must apply in writing for each inspection; or (3) that is marketed after a for the crop, we may give you consent to put written agreement no later than the sales grade inspection and contains potatoes that the acreage to another use if you agree to closing date, except as provided in section grade less than U.S. No. 2 due to: leave intact, and provide sufficient care for, 13(e); (a) Internal defects (the number of potatoes representative samples of the crop in (b) The application for a written agreement with such defects must be in excess of the locations acceptable to us, (The stage must contain all variable terms of the tolerance allowed for U.S. No. 2 grade 19700 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules potatoes on a lot basis and must not be DEPARTMENT OF AGRICULTURE sold for a price lower than the value separable from undamaged production using appropriate and representative of the local Federal Crop Insurance Corporation methods normally used by potato packers or market, we will determine the value of the processors), will be adjusted as follows: Reinsured policies: production based on the price you could (1) For potatoes sold within 7 days of (Appropriate title for insurance provider) have received in the local market. (ii) For harvested potatoes discarded harvest, by multiplying the production to Both FCIC and reinsured policies: count by the factor (not to exceed 1.0) that within 7 days of harvest and appraised results from dividing the market value per NORTHERN POTATO CROP INSURANCE unharvested production that could: (A) Not have been sold, the production to hundredweight of the damaged production PROCESSING QUALITY ENDORSEMENT by the highest available price election. If count will be zero; or 1. In return for payment of the additional (B) Have been sold, the production to production is sold for a price lower than the premium designated in the Actuarial Table, count will be determined in accordance with value appropriate and representative of the this endorsement is attached to and made section 6(a)(1)(i). local market, we will determine the value of part of your Northern Potato Crop Provisions (iii) For potatoes remaining in storage 8 or the production based on the price you could (§ 457.142) and Quality Endorsement more days after harvest, production to count have received in the local market. (§ 457.143) subject to the terms and will be determined in accordance with (2) For harvested potatoes discarded within conditions described herein. section 6(b). 7 days of harvest and appraised unharvested 2. You must have a Northern Potato (b) Grade less than U.S. No. 2 due to factors production that could: Quality Endorsement (§ 457.143) in place and other than those specified in section 6(a) will (i) Not have been sold, the production to elect this endorsement on or before the sales be multiplied by a factor (not to exceed 1.0) count will be zero; or closing date for the initial crop year in which that is determined as follows: (ii) Have been sold, the production to you wish to insure your potatoes under this (1) Production damaged by freeze or a count will be determined in accordance with endorsement. This endorsement may be cause that results in soft rot or wet section 4(a)(1). canceled by either you or us for any breakdown will be removed from (3) For potatoes remaining in storage 8 or succeeding crop year by giving written notice representative samples of the production; more days after harvest, production to count to the other party on or before the (2) The percentage of remaining potatoes will be determined in accordance with cancellation date. that grade U.S. No. 2 or better will be section 4(b). 3. All terms of the Northern Potato Quality determined by dividing the weight of (b) Factors other than those specified in Endorsement (§ 457.143) not modified by this potatoes that grade U.S. No. 2 or better in the section 4(a), by multiplying by a factor (not endorsement will be applicable to acreage remainder of section 6(b)(1) by the total to exceed 1.0) that is determined as follows: covered under this endorsement. weight of the remainder of section 6(b)(1); (1) Production damaged by freeze or a 4. A processor contract must be executed and cause that results in soft rot or wet with a potato processor for the potato types (3) The percentage determined in section breakdown will be removed from insured under this endorsement and a copy 6(b)(2) above will be divided by the representative samples of the production; submitted to us on or before the acreage applicable percentage factor contained in the (2) The percentage of remaining potatoes reporting date for potatoes. If you elect this Special Provisions. that grade U.S. No. 2 or better will be endorsement, all insurable acreage of 7. All grade determinations for the determined by dividing the weight of production under contract with the processor purposes of this endorsement will be made potatoes that grade U.S. No. 2 or better in the must be insured under this endorsement. using the United States Standards for Grades remainder of section 4(b)(1) by the total 5. When the processor contract requires the of Potatoes for Processing or Chipping. 8. All determinations must be based upon weight of the remainder of section 4(b)(1); processor to purchase a stated amount of a grade inspection. and production, rather than all of the production 9. The Actuarial Table may provide ‘‘U.S. (3) The percentage determined in section from a stated number of acres, the insured acreage will be determined by dividing the No. 1’’ in place of ‘‘U.S. No. 2’’ as used in 4(b)(2) above will be divided by the this endorsement. applicable percentage factor contained in the stated amount of production by the approved Special Provisions. yield for the acreage. 9. Section 457.145 is added to read as 5. Potatoes harvested or appraised prior to 6. In lieu of the provisions contained in follows: full maturity that do not grade U.S. No. 2 due section 4 of the Northern Potato Quality solely to size will be considered to have met Endorsement (7 CFR § 457.143), production § 457.145 Potato crop insuranceÐcertified U.S. No. 2 standards unless the potatoes are that is rejected by the processor will be seed endorsement. adjusted as follows: damaged by an insurable cause of loss, and The Potato Crop Insurance Certified (a) Production to count (determined in leaving the crop in the field would either Seed Endorsement provisions for the accordance with section 15 of the Basic reduce production or decrease quality. Provisions (§ 457.8) and section 11 of the 1998 and succeeding years are as 6. Production to count for potatoes Northern Potato Crop Provisions (§ 457.142)) follows: destroyed, stored or marketed without a from (1) unharvested acreage; (2) harvested FCIC policies: grade inspection will be 100 percent of the acreage that is stored after a grade inspection; DEPARTMENT OF AGRICULTURE gross weight of such potatoes. or (3) that is marketed after a grade 7. All determinations must be based upon inspection and contains potatoes that: Federal Crop Insurance Corporation a grade inspection. (1) Grade less than U.S. No. 2 due to Reinsured policies: 8. The Actuarial Table may provide ‘‘U.S. internal defects, a specific gravity of less than No. 1’’ in place of ‘‘U.S. No. 2’’ as used in 1.070, or a fry color of No. 3 or darker due (Appropriate title for insurance provider) this endorsement. to either sugar exceeding 10 percent or sugar Both FCIC and reinsured policies: ends exceeding 19 percent (the number of POTATO CROP INSURANCE 8. Section 457.144 is added to read as potatoes with such defects must be in excess follows: of the tolerance allowed for U.S. No. 2 grade CERTIFIED SEED ENDORSEMENT potatoes on a lot basis and must not be § 457.144 Northern potato crop 1. In return for payment of the additional separable from undamaged production using insuranceÐprocessing quality premium designated in the Actuarial Table, methods normally used by potato endorsement. this endorsement is attached to and made processors), will be adjusted as follows: part of your Northern Potato Crop Provisions The Northern Potato Crop Insurance (i) For potatoes sold within 7 days of subject to the terms and conditions described Processing Quality Endorsement harvest, by multiplying the production to herein. provisions for the 1998 and succeeding count by the factor (not to exceed 1.0) that 2. You must elect this endorsement on or results from dividing the market value per crop years are as follows: before the sales closing date for the initial hundredweight of the damaged production crop year you wish to insure your potatoes FCIC policies: by the base contract price. If production is under this endorsement. This endorsement Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules 19701 will continue in effect until canceled. It may NORTHERN POTATO CROP INSURANCE (a) For potatoes sold within 60 days of be canceled by either you or us for any harvest, by dividing the price received per succeeding crop year by giving written notice STORAGE COVERAGE ENDORSEMENT hundredweight by the highest price election to the other party on or before the 1. In return for payment of the required designated in the Special Provisions for the cancellation date. additional premium specified on the insured potato type, and multiplying the 3. All potatoes grown on insurable acreage Actuarial Table, this endorsement is attached result (not to exceed 1.0) by the number of and that are entered into the potato seed to and made part of your Northern Potato hundredweight of sold production. If certification program administered by the Crop Provisions subject to the terms and production is sold for a price lower than the state in which the seed is grown must be conditions described herein. value appropriate and representative of the insured unless limited by section 4 below. 2. You must elect this endorsement on or local market, we will determine the value of 4. The certified seed acreage you insure in before the sales closing date for the initial the production based on the price that we the current crop year cannot be greater than crop year in which you wish to insure your determine you could have received in the 125 percent of the average number of acres potatoes under this endorsement. This local market; grown for seed in the three previous years endorsement will continue in effect until (b) For potatoes discarded within 60 days unless we agree otherwise in writing. If you canceled. It may be canceled by either you of harvest that could: enter more than this number of acres into the or us for any succeeding crop year by giving (1) Not have been sold, the production to certification program, your certified seed written notice to the other party on or before count will be zero; or production guarantee for the current crop the cancellation date. (2) Have been sold, the production will be year will be reduced as follows: 3. Potato production grown under a reduced as follows (all percents of damage (a) Multiply the average number of acres contract that requires the production to be will be rounded to the nearest 0.1 percent): grown for certified seed the 3 previous years delivered to a buyer within three days of (i) 0.1 percentage point for each 0.1 percent by 1.25 and divide this result by the number harvest will not be insured under this of damage through 5.0 percent; of acres grown for certified seed in the endorsement. All other potato production (ii) 0.5 percentage point for each 0.1 current crop year; and insured under the Northern Potato Crop percent of damage from 5.1 percent through (b) Multiply the result of section 4(a) (not Provisions must be insured under this 6.0 percent; to exceed 1.0) by the production guarantee endorsement unless the Special Provisions (iii) 1.0 percentage point for each 0.1 for certified seed for the current crop year. allow you to exclude certain potato varieties, percent of damage from 6.1 through 8.0 5. You must provide acceptable records of types, or groups from insurance under this percent; your certified seed potato acreage and endorsement, and you elect to exercise this (iv) 2.0 percentage point for each 0.1 production for the previous three years. option. Such exclusions, if allowed, must be percent of damage from 8.1 through 9.0 These records must clearly indicate the shown annually on your acreage report and percent; and number of acres entered into the potato seed will be applicable to all acreage of the (v) 2.5 percentage point for each 0.1 certification program administered by the excluded varieties, types, or groups for the percent of damage from 9.1 through 11.0 state in which the seed is grown. crop year. percent. 6. All potatoes insured for certified seed 4. When production from separate (c) For potatoes stored more than 60 days production must be produced and managed after harvest, adjustment will be made in in accordance with standards, practices, and insurance units, basic or optional, is commingled in storage, the production to accordance with subsection 6(b)(2) of this procedures required for certification by the endorsement. state’s certifying agency and applicable count for each unit will be allocated prorata Signed in Washington, DC, on April 17, regulations. based on the production placed in storage 1997. 7. If, due to insurable causes occurring from each unit. For example, if 500 within the insurance period, potato hundredweight from one unit are Kenneth D. Ackerman, production does not qualify as certified seed commingled with 1,500 hundredweight from Manager, Federal Crop Insurance on any insured certified seed potato acreage another unit and the production to count Corporation. from the stored production is 1,000 within a unit, we will pay you the dollar [FR Doc. 97–10449 Filed 4–22–97; 8:45 am] amount per hundredweight shown in the hundredweight, 250 hundredweight of BILLING CODE 3410±FA±P Special Provisions, multiplied by your production to count will be allocated to the production guarantee for such acreage, and unit originally contributing 500 multiplied by your share. Any production hundredweight to the stored production. that does not qualify as certified seed because This provision does not eliminate or change DEPARTMENT OF ENERGY of varietal mixing or your failure to follow any other requirement contained in this the standard practices and procedures policy to provide or maintain separate 10 CFR Part 490 required for certification will be considered records of acreage or production by unit. as lost due to uninsured causes. 5. Production will be adjusted in Office of Energy Efficiency and 8. You must notify us of any loss under accordance with this endorsement only if: Renewable Energy this endorsement not later than 14 days after (a) The potatoes are damaged by an insured you receive notice from the state certification cause other than freeze that later results in [Docket No. EE±RM±96±200] agency that any acreage has failed soft rot or wet breakdown as defined in the certification. United States Standards for Grades of Alternative Fueled Vehicle Acquisition Requirements for Private and Local 10. Section 457.146 is added to read Potatoes, or other tuber rot condition, to the Government Fleets as follows: extent that five percent (by weight) or more of the insured production is affected; AGENCY: Department of Energy (DOE) § 457.146 Northern potato crop (b) You notify us within 72 hours of your insuranceÐstorage coverage endorsement. initial discovery of any damage that has or ACTION: Notice of termination of The Northern Potato Crop Insurance that may later result in soft rot or wet proposed rule. breakdown; Storage Coverage Endorsement (c) Damage is the result of an insured cause SUMMARY: The Department of Energy provisions for the 1998 and succeeding other than freeze that occurs prior to the end (DOE) will not promulgate regulations years are as follows: of the insurance period; to implement alternative fueled vehicle FCIC policies: (d) The percentage of potatoes having soft (AFV) acquisition requirements for rot, wet breakdown, or other tuber rot DEPARTMENT OF AGRICULTURE certain private and local government condition is determined no later than 60 days fleets according to the early schedule of after harvest; and Federal Crop Insurance Corporation section 507(a)(1) of the Energy Policy Reinsured policies: (e) A grade inspection is performed. 6. Production to count for production that Act of 1992 (EPACT). (Appropriate title for insurance provider) qualifies under the terms of this endorsement ADDRESSES: The docket file material has Both FCIC and reinsured policies: will be determined as follows: been filed under ‘‘EE–RM–96–200.’’ 19702 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules

This docket will remain open and 105 written comments were Board. Mail or hand-deliver comments indefinitely. Copies of the transcripts of received by November 5, 1996. to: National Credit Union the public hearings, written comments, Based on the comments received, Administration, 1775 Duke Street, technical reference materials mentioned DOE intends to continue to investigate Alexandria, Virginia 22314–3428. Fax in the Advanced Notice of Proposed the full array of measures that could be comments to (703) 518–6319. E-mail Rulemaking, and any other docket available and effective to help meet the comments to [email protected]. material received may be read and EPACT goals, focussing on incentives Please send comments by one method copied at the DOE Freedom of and voluntary measures, as suggested by only. Information Reading Room, U.S. a great majority of commenters. A FOR FURTHER INFORMATION CONTACT: Department of Energy, Room 1E–190, number of commenters urged DOE to Mary F. Rupp, Staff Attorney, Office of 1000 Independence Avenue, S.W., convene a forum for bringing together General Counsel, National Credit Union Washington, D.C. 20585, telephone all stakeholders of AFV programs with Administration, 1775 Duke Street, (202) 586–6020 between the hours of the aim of reaching a consensus on Alexandria, Virginia 22314–3428 or 8:30 a.m. and 4:00 p.m. Monday through desirable measures and strategies for telephone: (703) 518–6540. Friday except Federal holidays. For achieving substantial use of replacement fuels and AFVs. DOE intends to fully By the National Credit Union further information on this rulemaking Administration Board on April 15, 1997. you should contact Ken Katz at 202– explore the possibilities for convening Becky Baker, 586–6116. such a process in the near future. DOE will not implement private and Secretary of the Board. FOR FURTHER INFORMATION CONTACT: local government fleet AFV acquisition [FR Doc. 97–10483 Filed 4–22–97; 8:45 am] Kenneth Katz, 202–586–6116. requirements under the early schedule BILLING CODE 7535±01±P SUPPLEMENTARY INFORMATION: EPACT of section 507(a). Consistent with the authorizes DOE to pursue a rulemaking above-described statutory limitations on concerning alternative fueled vehicle early rulemaking under section 507 (a), NATIONAL CREDIT UNION acquisition requirements for private and DOE is terminating this rulemaking ADMINISTRATION without prejudice to initiating the later local government fleets on two distinct 12 CFR Parts 701, 712 and 740 schedules. First, section 507(b) provides rulemaking authorized by section 507 (e) and (g). for an early rulemaking concerning such Organization and Operations of requirement which must be completed Issued in Washington, DC, on April 11, Federal Credit Unions; Credit Union by December 15, 1996. As part of that 1997. Service Organizations; Advertising rulemaking, section 507(a)(3) of EPACT, Christine A. Ervin, Pub. L. 102–486, requires DOE to Assistant Secretary, Energy Efficiency and AGENCY: National Credit Union publish an Advance Notice of Proposed Renewable Energy. Administration (NCUA). Rulemaking (ANOPR) to begin a [FR Doc. 97–10495 Filed 4–22–97; 8:45 am] ACTION: Proposed rule; extension of rulemaking to determine whether BILLING CODE 6450±01±P comment period. alternative fueled vehicle (AFV) acquisition requirements for private and SUMMARY: On March 13, 1997 (62 FR local government fleets are necessary to NATIONAL CREDIT UNION 11779), the National Credit Union achieve EPACT’s energy security and ADMINISTRATION Administration (NCUA) published for other goals. If no rule is promulgated by public comment a proposed rule December 15, 1996, then section 12 CFR Chapter VII regarding credit union service 507(b)(3), (c), and (e) requires a later organizations (CUSOs) of federal credit rulemaking (beginning no later than Federal Credit Union Bylaws unions (FCUs). The comment period for this proposed rule was to have expired April 1998) to determine by January 1, AGENCY: National Credit Union on May 12, 1997. At the request of a 2000, whether vehicle acquisition Administration (NCUA). requirements are ‘‘necessary’’ in light of national trade association and to ACTION: Request for comments; encourage additional comments, the then current circumstances. 42 U.S.C. extension of comment period. 13256(b)(3), (c) and (e). EPACT provides NCUA Board has decided to extend the that if a final rule to implement an early SUMMARY: On March 13, 1997 (62 FR comment period on the proposed rule mandate is not promulgated by 11778), the National Credit Union one more time. The extended comment December 15, 1996, DOE must proceed Administration (NCUA) published for period now expires June 12, 1997. to the later rulemaking. 42 U.S.C. public comment a request for comments DATES: The comment period has been 13256(b). regarding the Federal Credit Union extended and now expires June 12, DOE published an ANOPR for the Bylaws. The comment period for the 1997. Comments must be received on or purposes described in section 507(a) request for comments was to have before June 12, 1997. and (b) on August 7, 1996. 61 FR 41032. expired on May 12, 1997. At the request ADDRESSES: Comments should be This notice was intended to stimulate of a trade association and to encourage directed to Becky Baker, Secretary of the comments to assist DOE in making additional comments, the NCUA Board Board. Mail or hand-deliver comments decisions concerning future rulemaking has decided to extend the comment to: National Credit Union actions and non-regulatory initiatives to period on the request for comments. The Administration Board, 1775 Duke promote alternative fuels and alternative extended comment period now expires Street, Alexandria, Virginia 22314– fueled vehicles. Three hearings were June 12, 1997. 3428. Fax comments to (703) 518–6319. held to receive oral comments on the DATE: The comment period has been E-mail comments to ANOPR on September 17, 1996, in extended and now expires June 12, [email protected]. Please send Dallas, Texas; on September 25, 1996, in 1997. Comments must be received on or comments by one method only. Sacramento, California; and on October before June 12, 1997. FOR FURTHER INFORMATION CONTACT: 9, 1996, in Washington, D.C. A total of ADDRESSES: Comments should be Martin ‘‘Sparky’’ Conrey, Staff Attorney, 70 persons spoke at the three hearings directed to Becky Baker, Secretary of the Division of Operations, Office of Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules 19703

General Counsel, at the above address or comments on the Vocational Schools Education. Because the Department of telephone: (703) 518–6540; or Linda Guides (61 FR 14685). The comment Education administers student loan and Groth, Program Officer, Division of period, originally scheduled to end on grant money for vocational training, it Supervision, Office of Examination and May 3, 1996, was subsequently plays the primary role in addressing Insurance, at the above address or extended to July 1, 1996 (61 FR 19869 abuses in this industry. There is a telephone: (703) 518–6360. (May 3, 1996)). Nine comments were concurrent role for the Commission, By the National Credit Union filed in response to the notice. The however, in monitoring and addressing 1 Administration Board on April 15, 1997. comments indicate that there is support deceptive promotional practices. State Becky Baker, in all sectors (including other licensing agencies also regulate government agencies, consumer groups vocational training. Increasingly, Secretary of the Board. and the vocational schools industry) for however, vocational schools are owned [FR Doc. 97–10484 Filed 4–22–97; 8:45 am] retaining the Guides, although some by national or regional chains; thus, BILLING CODE 7535±01±P industry commenters recommended maintaining a federal enforcement repealing them. presence remains important. The Commission proposes certain FEDERAL TRADE COMMISSION II. Description of the Guides modifications to its Guides for Private The Guides were originally issued in Vocational Schools. Some of these 16 CFR PART 254 May, 1972, and became effective August changes are an effort to streamline the 4, 1972. The are intended to advise Guides and eliminate redundancy, Request For Comments Concerning proprietary businesses offering while others are substantive. Guides For Private Vocational Schools vocational training courses, either on In particular, the Commission solicits AGENCY: Federal Trade Commission. the school’s premises or through written public comments regarding its ACTION: Supplemental request for public correspondence, how to avoid unfair or proposal to amend the Guides to add a comments. deceptive advertising and promotional provision addressing misrepresentations claims when recruiting students. about a school’s placement success SUMMARY: The Federal Trade Specifically, the Guides address claims following training. Currently, the Commission (‘‘Commission’’) is that are descriptive of the school, such Guides address claims about placement requesting public comments on a as potentially deceptive trade or assistance offered to graduates of a proposal to amend its Guides for Private business names, and claims about school. They do not, however, address Vocational Schools to add a provision accreditation, content of curricula, false or deceptive claims about the addressing deceptive express or implied teachers’ qualifications, teaching availability of employment after claims of job placement success. methods, affiliations with other private graduation from a course of training or DATES: Written comments will be or public institutions, and approval by the success that a school’s graduates accepted until June 23, 1997. other agencies or institutions. The have realized in obtaining employment ADDRESSES: Comments should be Guides also address misleading related to the training. The Commission directed to: Secretary, Federal Trade representations regarding financial believes that such claims are important Commission, Room H–159, Sixth Street assistance, program costs, and savings. to prospective students of vocational and Pennsylvania Ave., NW., Schools are cautioned to avoid using the training and are likely to become even Washington, DC 20580. Comments help-wanted sections of newspaper more important in the future. about the Guides for Private Vocational classified advertising for lead generation At the same time, in order to Schools should be identified as ‘‘16 CFR or misleading prospective students streamline the Guides, the Commission Part 254—Comment.’’ about such matters as opportunities for has preliminary determined to delete employment while undergoing training. certain provisions that do not offer FOR FURTHER INFORMATION CONTACT: Finally, the Guides address appropriate Joseph J. Koman, Jr., (202) 326–3014, or specific guidance concerning vocational disclosures as to the nature of courses Walter Gross III, (202) 326–3319, schools and merely duplicate other or training programs available, Federal Trade Commission, Bureau of provisions of law. These include Guide misleading pictorial representations, Consumer Protection, Sixth Street and provisions that address deceptive and sales and debt collection practices. pricing (§§ 254.8(a) and (b)); use of the Pennsylvania Ave., NW., Washington, These Guides, like other industry DC 20580. word ‘‘free’’ (§ 254.8(c)); deceptive debt guides issued by the Commission, ‘‘are collection practices (§ 254.9(a)); and SUPPLEMENTARY INFORMATION: administrative interpretations of laws assignment of contracts deceptively administered by the Commission for the I. Background obtained (§ 254.9(b)). For example the guidance of the public in conducting its Fair Debt Collection Practices Act, 15 As part of the Commission’s affairs in conformity with legal U.S.C. 1692, and the Commission’s systematic review of all of its rules and requirements.’’ 16 CFR 1.5. Conduct Trade Regulation Rule pertaining to the guides to assess their continued need inconsistent with the Guides may result Preservation of Consumers’ Claims and and usefulness, the Guides for Private in corrective action by the Commission Defense (the ‘‘Holder-in-Due-Course Vocational Schools were scheduled for under applicable statutory provisions. Rule’’), 16 CFR 433, have superseded review in 1996 (61 FR 1538 (Jan. 22, III. The Review of the Guides the provisions in the Vocational Schools 1996)). These reviews seek information Guides that pertain to those areas. about the costs and benefits of the Based upon the comments received in In order to further streamline the Commission’s rules and guides and this review, as well as its own Guides, the Commission also has their regulatory and economic impact. independent assessment of the need for The information obtained assists the these Guides, the Commission has 1 It is the Commission’s understanding that the Commission in identifying rules and determined to retain the Guides for Department of Education must use its investigative guides that warrant modification or Private Vocational Schools. The and enforcement resources to address practices primarily occurring after a student has signed up for recision. On April 3, 1996, the Commission recognizes that there is training, rather than advertising and promotional Commission published a notice in the some overlap between its Guides and practices that take place during recruitment of Federal Register requesting public regulations of the Department of students. 19704 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules preliminarily determined to delete List of Subjects in 16 CFR Part 254 Written comments on the section 254.10, ‘‘Affirmative disclosures Advertising, Trade practices. Recordkeeping Compliance Handbook prior to enrollment.’’ Subsections (a) may be sent by facsimile or mail to the through (d) of this section address By direction of the Commission. following address: U.S. Customs school policy concerning attendance, Donald S. Clark, Service, Regulatory Audit Division, lateness, and make-up work; additional Secretary. Atlanta Branch 1691 Phoenix costs a student might incur; the school’s [FR Doc. 97–10530 Filed 4–22–97; 8:45 am] Boulevard, Suite 250A, College Park, physical facilities and equipment; and BILLING CODE 6750±01±M GA 30349, Attention: Recordkeeping placement assistance offered by the Compliance Program, Fax: (770–994– school. To the extent they are needed, 2270). discussion of these issues can be folded DEPARTMENT OF THE TREASURY FOR FURTHER INFORMATION CONTACT: For into prior sections of the Guides dealing questions relating to recordkeeping in with misrepresentations and deceptive Customs Service general, and the voluntary practices, possibly as examples of 19 CFR Parts 24, 111, 143, 162, and 163 Recordkeeping Compliance Program, suggested disclosures that might prevent call Stan Hodziewich, Regulatory Audit deception. Finally, section 254.10(e) of RIN 1515±AB77 Division, Washington, D.C. at (202–927– the Guides advises affirmative 0999) or Howard Spencer, Regulatory disclosure of any ‘‘material facts [other Recordkeeping Requirements Audit Division, Atlanta Branch at (770– than those specifically addressed in AGENCY: U.S. Customs Service; 994–2273, Ext.158). subsections (a)-(d) of this section] Department of the Treasury. For questions relating to the concerning the school and the program ACTION: Notice of proposed rulemaking. Appendix ((a)(1)(A) list), its underlying of instruction or course which are documents and other entry records/ reasonably likely to affect the decision SUMMARY: This document proposes to information call Rychelle Ingram, Office of the student to enroll therein.’’ Such amend the Customs Regulations by of Trade Compliance 202–927–1131. a general admonishment adds little to adding a new part which will cover SUPPLEMENTARY INFORMATION: the more specific advice set out in the recordkeeping requirements and reflect remainder of the Guides. This provision legislative changes to the Customs laws Background merely amounts to a statement of the regarding recordkeeping, examination of On December 8, 1993, the President law concerning failure to disclose books and witnesses, regulatory audit signed Public Law 103–182, the North material facts and therefore appears procedures and judicial enforcement. American Free Trade Agreement unnecessary. These statutory amendments are Implementation Act (NAFTA contained in the Customs IV. Request for Comment Implementation Act)(107 Stat. 2057). Modernization provisions of the North Title VI of this Act, known as the The Commission solicits public American Free Trade Agreement Customs Modernization Act (the Mod comments on the following questions: Implementation Act. The new Act), amended certain Customs laws. provisions are being incorporated into 1. Should the Guides be amended to Sections 614, 615, and 616 of the Mod the new part with the existing Act amended §§ 508, 509, and 510 of the add the following provision to § 254.4? recordkeeping requirements (presently (e) An industry member, in promoting Tariff Act of 1930, as amended (19 in Part 162) which remain effective, U.S.C. 1508, 1509, and 1510) which any course of training in its advertising, although they are being updated to promotional materials or in any other pertain to recordkeeping requirements permit the use of new technology and established for importers and others. manner, should not misrepresent, alternative methods for record directly or by implication, whether Title II of the NAFTA Implementation maintenance. The proposed amendment Act, entitled ‘‘Customs Provisions’’, also through the use of text, images, also contains provisions establishing a endorsements,* or other means, the amended §§ 508 and 509 of the Tariff voluntary recordkeeping compliance Act of 1930, as amended, to include availability of employment after program. graduation from a course of training, or recordkeeping requirements for DATES: the success that the member’s graduates Comments must be submitted on exportations to Canada and Mexico. have realized in obtaining such or before June 23, 1997. Part 162 of the Customs Regulations employment. ADDRESSES: Written comments on the which addresses records, recordkeeping proposed regulation (preferably in and its associated requirements also *Note: The Commission’s Guides triplicate) must be submitted to the U.S. covers unrelated subjects. Because of Concerning Use of Endorsements and Customs Service, ATTN: Regulations the enhanced importance of Testimonials in Advertising (part 255 of this Branch, Franklin Court, 1301 recordkeeping, Customs believes that a chapter) provide further guidance in this Constitution Avenue, NW., Washington, new part devoted solely to this subject area. D.C. 20229, and may be inspected at the is appropriate. Accordingly, Customs is 2. Are there currently problems in the Regulations Branch, 1099 14th Street, proposing to create a new Part 163 vocational schools industry with use of NW, Suite 4000, Washington, D.C. regarding recordkeeping. Copies of the Recordkeeping the kinds of claims addressed in the Recordkeeping Requirements proposed addition to the Guides? If yes, Compliance Handbook are available please describe. from the public access Customs Before its amendment by the Mod Electronic Bulletin Board (703)-440– Act, § 508 of the Tariff Act of 1930 (19 3. Are there other issues, relevant to 6155 or by requests addressed or faxed U.S.C. 1508) limited recordkeeping a prospective student’s decision to to the following: U.S. Customs Service, requirements to any owner, importer, enroll in a vocational school or course Regulatory Audit Division, Miami consignee, or agent thereof who of training, that are not already covered Branch 909 S.E. First Street, Suite 710, imported, or knowingly caused to be by the Guides but should be addressed? Miami, FL 33131, Attention: imported any merchandise into the Please explain. Recordkeeping Compliance Program, Customs territory of the United States. Authority: 15 U.S.C. 41–58. Fax: (305–536–7442). Section 614 of the Mod Act amended Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules 19705 these requirements and expanded the required to retain records for Customs the entry of merchandise, whether or parties subject to Customs purposes may deem it advisable to not Customs required its presentation at recordkeeping requirements to include retain them for other personal reasons, the time of entry. Failure to maintain or parties who file an entry or declaration, such as insurance or warranty matters. produce requested entry documents transport or store merchandise carried Section 163.4 of the proposed may result in the imposition of or held under bond, file drawback regulations provides that records substantial administrative penalties. claims, or cause an importation, or relating to drawback be retained for a In the spirit of ‘‘informed transportation or storage of merchandise period of three years from the date the compliance’’ and in fairness to those carried or held under bond. Section 614 drawback claim is paid. Since entry who may be required to produce of the Mod Act further amended section records relating to the merchandise for records, the Act requires Customs to 508 of the Tariff Act of 1930 to clarify which the drawback claim was paid identify and make available to the that all parties who must keep records must be kept for five years, it is possible importing community, by publication, a for Customs purposes are subject to that the total retention requirement list of all records, statements, recordkeeping requirements. The Mod could extend to eight years’ it is declarations or documents required by Act further distinguished between those possible that the total retention law or regulation for the entry of business, financial or other records that requirement could extend to eight years. merchandise whose production may or pertain to activities listed in section 508 All other records, except for packing may not have been requested at time of of the Tariff Act and are maintained in lists, that relate to filing an entry or entry and for which substantial the normal course of business and those declaration, transporting or storing administrative penalties may be that are identified as ‘‘(a)(1)(A) list’’ or merchandise carried or held under imposed for failure to maintain or entry records. As discussed more fully bond, or causing an importation, produce for Customs within a later in this document, these latter transportation or storage of merchandise reasonable time. This list of records has records are those which have been carried or held under bond into or from commonly been referred to as the identified by Customs as being the Customs territory of the U.S. are ‘‘(a)(1)(A) list’’ because of the section of necessary for the entry of merchandise. required to be kept for a five year period the Mod Act which contained the The failure to maintain, or produce from the date of entry or exportation, or requirement. This list, which was these records upon Customs demand other activity, as appropriate. An published in the Customs Bulletin on could subject the responsible party to exception from the normal retention January 3, 1996 (T.D. 96–1), and the substantial administrative penalties. period is made for packing lists because Federal Register on July 15, 1996 (61 FR Proposed § 163.2 sets forth the parties of the limited period in which 36956) is included as an Appendix to who are subject to recordkeeping information contained on those lists part 163. requirements. It is noted that the parties would be useful for either Customs or It should be noted that while the who are required to maintain records for the importer. ‘‘(a)(1)(A) list’’ pertains to records or purposes of the U.S.—Canada Free The Mod Act also amended 19 U.S.C. information required for the entry of Trade Agreement and NAFTA are set 1508 to reflect the current electronic merchandise, an owner, importer, forth respectively in parts 10 and 181. environment in which both Customs consignee, importer of record, entry In § 163.2(a), a provision concerning and the importing and exporting filer, or other party who imports recordkeeping requirements for records community operate and expanded the merchandise, files a drawback claim, kept in the ordinary course of business definition of ‘‘records’’ to include exports to a NAFTA country or is proposed to reflect the expanded information and data maintained in the transports or stores bonded merchandise parties to whom recordkeeping form of electronically generated or is also required to make, keep and requirements extend. The proposed machine readable data. The proposed render for examination and inspection section provides that records are to be amendment reflects this expansion of records (including, but not limited to, made and kept by such parties as the concept of what constitute ‘‘records’’ statements, declarations, documents and carriers, cartmen, bonded warehouse in § 163.1(a). electronically generated or readable proprietors, foreign trade zone operators data) directly or indirectly pertaining to Examination of Records and drawback claimants. such activity or to the information Because Customs recognizes that the The Mod Act granted Customs contained in the records required by the likelihood it will require or request authority not to require the presentation Tariff Act of 1930, as amended, in records from travelers regarding their of certain documentation or information connection with any such activity and baggage or oral declarations after they at time of entry. These provisions will which are normally kept in the ordinary have physically cleared the Customs allow Customs and the importing course of business. Parties have the facility is extremely small except for community to reduce the responsibility to maintain supporting large purchases, and because Customs documentation and information records, documents, and information does not wish to impose an unnecessary requirements at time of entry, thereby which will demonstrate that recordkeeping burden on the general facilitating the entry process without information on declarations regarding public, Customs, in § 163.2(g), is jeopardizing Customs ability to obtain classification, valuation and rate of duty proposing to not require that such records from an importing party at a at entry, as well as all other data on travelers retain the documentation later date. However, in exchange for not entry records is accurate. which supports their declaration when requiring presentation of documents at In the future, as Customs expands its the merchandise acquired abroad is the time of entry, Customs has the electronic entry processes, presentation covered by the traveler’s personal authority to require, after entry, the of certain supporting paper exemption or by a flat rate of duty (See, production of any entry records whose documentation for entries may be for example, subheadings 9804.00.65— presentation may not have been waived at the time of entry. However, 9804.00.72, 9816.00.20 and 9816.00.40, requested at entry. Section 615 of the importers shall be required to maintain Harmonized Tariff Schedule of the Mod Act amended § 509 of the Tariff such documentation subject to this part. United States (19 U.S.C. 1202), and part Act of 1930 (19 U.S.C. 1509) to Before Customs implements any new 148 of the Customs Regulations). authorize Customs to examine any procedures which relate to the However, such travelers while not being records which are required by law for electronic entry of goods, a Notice of 19706 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules

Proposed Rulemaking will be published entry. However, the regulations have aboard commercial vessels and in the Federal Register. been expanded to include additional commercial aircraft in § 24.22(g)(6) is The present ‘‘(a)(1)(A) list’’ is based parties who are subject to Customs being amended to the same five year on existing entry requirements. It summons authority. period that other recordkeepers must contains a list of records that are observe. required for the entry of merchandise Regulatory Audit Procedures However, it must be noted that while and that may be waived at the time of The proposed § 163.13 details the role the regulations establish a minimum entry, but that must be produced for and responsibility of Customs regulatory requirement for the maintenance for Customs examination upon demand. A auditors and formally sets forth records, this does not preclude Customs party who fails to produce an ‘‘(a)(1)(A) regulatory audit procedures for auditors from examining fee remitters’ list’’ record can be held liable for conducting a regulatory audit that have records, if records exist, to determine penalties under the provisions of the been in place by directive for several whether fees are owed for periods prior Mod Act. Customs will presently revise years. The regulations provide for time to the record retention period. Under its processes relating to entry. It is lines for conducting an audit as well as section 19 CFR 162.1d (proposed 163.6), expected that the ‘‘(a)(1)(A) list’’ will be issuance of audit reports. and 19 U.S.C. 1508 and 1509, Customs extensively revised. The proposed Recordkeeping Compliance Program officers currently have the authority to regulations incorporate Customs examine records to determine the authority to waive the presentation of The proposed regulations contain liability of any person from whom certain documentation or information at provisions that describe a voluntary duties, fees, and taxes are due, or that the time of entry. recordkeeping compliance program may be due, and to determine available to all parties who are required compliance with the laws or regulations Penalties to maintain and produce records under enforced by the Customs Service. If a fee The proposed regulations incorporate the Customs Regulations and are in remitter refuses to supply records to Customs authority to assess compliance with Customs laws and verify user fees, the Customs Service has administrative penalties for failure to regulations. Applicants to the program the authority to summon those records produce entry records for Customs may have Customs review their pursuant to 19 U.S.C. 1509 or, if examination within a reasonable time. recordkeeping procedures and methods. Customs possesses information to In determining a reasonable time, If Customs determines that the party determine fee payments, collection Customs proposes to take into account meets the program requirements, action may be initiated. It should be the number, type, and age of the item Customs may certify that fact and pointed out that there is no language in asked to be produced. Included in the permit him to participate in the 19 U.S.C. 58c or in the current proposed regulation is a chart that is program. To assist the public in meeting regulations or other Customs laws that intended to provide general guidelines Customs recordkeeping requirements, limits the liability for fees owed to a so the public will know the time frames Customs has prepared a Recordkeeping particular period. All fee remitters are within which Customs expects Compliance Handbook which can be liable for fees that are accrued on or documents to be produced. It is obtained from the Customs Electronic after the effective dates of the statutes expected that all parties will discuss the Bulletin Board or by faxing or writing enacting the fees. Statutory and expected production date of any items the Regulatory Audit Division, Miami regulatory requirements for keeping fee- Customs has requested when that item Field Office. Refer to the beginning of related records are not equivalent to has been requested. It is also expected this document for the address and/or fax statutes of limitations on collecting fees. that any party anticipating difficulty in number. Participants in the program are The document also proposes to make meeting the expected production date eligible for alternatives to penalties and several changes to parts 111 and 143. will immediately inform Customs of may be entitled to greater mitigation of The reference to § 162.1a and § 162.1b that difficulty. Parties who have been any recordkeeping penalty the party in the definition of records in § 111.1(f) assessed administrative penalties for might be assessed should he be unable will be changed to § 163.1(a) and failure to produce demanded ‘‘(a)(1)(A) to produce a requested record. However, § 163.2. An addition is made to § 111.21 list’’ records will be able to petition for repeated or willful failure to produce to add new paragraphs (b) and (c). mitigation of the penalties under the records or failure to exercise reasonable Section 111.21(b) will require brokers to provisions of part 171 of the Customs care in the maintenance of records or be comply with the provisions of § 163 Regulations. In addition to in compliance with the recordkeeping when maintaining records that reflect administrative penalties, the Mod Act requirements may cause a party’s on their transactions as a broker. Section has granted courts the authority to removal from the program and subject 111.21(c) will require brokers to impose monetary penalties for the him to penalties. The recordkeeping designate a recordkeeping officer and failure to produce records summoned by compliance program will also permit also designate a back-up recordkeeping Customs. These provisions are participants to receive approval of officer. A change is proposed to § 111.22 contained in § 163.12. recordkeeping formats that are tailored (b), (c), (d), and (e) that will permit to the needs of their operations or requests for exemptions for Requests for Production of Records, involve conversion of records from one recordkeeping formats to be granted by Summons format to another. the Field Director, Regulatory Audit The proposed regulations contain responsible for the geographical area in provisions in §§ 163.6 through 163.11 Other Sections Affected which the designated broker’s that are similar to existing regulations In order to establish uniform recordkeeping officer is located rather regarding Customs ability to request and recordkeeping requirements for parties than requiring that the request be summon records when audits, inquiries, who transact business with Customs in referred to port directors. reviews or investigations are being accordance with objectives of the Mod A change is being proposed to conducted or when such information is Act, the retention period for records § 111.23(a)(1) that will permit brokers to otherwise necessary to verify relating to user fees for arrivals by consolidate all records they are required information submitted to Customs or to railcar, which are contained in to maintain if their proposed complete Customs processing of an § 24.22(d)(5), and those for passengers consolidation plan is approved by the Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules 19707

Field Director of Regulatory Audit who locations’’ is replaced with to ensure that the Customs Service will has responsibility for the geographical ‘‘consolidated locations’’. This proposed be able to effectively administer the area in which the designated broker’s change is intended to give filers more laws it is charged with enforcing while, recordkeeping officer is located. This flexibility in their record maintenance. at the same time, imposing a minimum potentially shortens the approval time Finally, § 143.39 is being amended to burden on the public it is serving. by removing port directors from the state that the failure to produce records Respondents or recordkeepers are review and approval process. The in a timely manner could subject already required by statute or regulation current regulations permit brokers to importers to penalties pursuant to part to maintain the vast majority of the centralize only accounting records and 163 and brokers to penalties pursuant to information covered in this proposed requires they maintain entry records parts 111 and 163. regulation. The likely respondents or within the district to which they relate. recordkeepers are business Comments Brokers will also be permitted to store organizations including importers, powers of attorney in alternative Before adopting this proposal, exporters and manufacturers. formats, if such storage has been consideration will be given to any Estimated total annual reporting and/ approved in accordance with Part 163. written comments (preferably in or recordkeeping burden: 732,600 hours. These proposed changes will give triplicate) that are timely submitted to Estimated average annual burden per brokers more flexibility in their record Customs. All such comments received respondent/recordkeeper: 117.2. maintenance options. from the public pursuant to this notice Estimated number of respondents The document contains proposals to of proposed rulemaking will be and/or recordkeepers: 6250. amend §§ 143.35 and 143.36 to reflect available for public inspection in Customs present practice relating to the accordance with the Freedom of Estimated annual frequency of submission of paper documents when Information Act (5 U.S.C. 552), § 1.4, responses: 4. entries are transmitted electronically Treasury Department Regulations (31 Comments concerning the collections through the ACS system. As Customs CFR 1.4), and § 103.11(b), Customs of information should be sent to the and the business community proceed Regulations (19 CFR 103.11(b)), on Office of Management and Budget, into the paperless, electronic operating regular business days between the hours Attention: Desk Officer of the environment it is anticipated that actual of 9:00 a.m. and 4:30 p.m. at the Department of the Treasury, Office of transfer of documentation will occur Regulations Branch, 1099 14th Street, Information and Regulatory Affairs, less frequently and usually only at NW., Suite 4000, Washington, DC. Washington, D.C. 20503. A copy should Customs request. However, Customs also be sent to the Regulations Branch, decision not to request presentation or Regulatory Flexibility Act Office of Regulations and Rulings, U.S. submission of documents at the time of Insofar as the proposed regulation Customs Service, 1301 Constitution entry does not relieve the filer from the closely follows legislative direction, Avenue, N.W., Washington, D.C. 20229. responsibility of maintaining those pursuant to the provisions of the Comments should be submitted within documents or records in accordance Regulatory Flexibility Act (5 U.S.C. 601 the time frame that comments are due with the provisions of this part. et seq.), it is certified that the regarding the substance of the proposal. Amendments to § 143.37 are also amendment, if adopted, will not have a Comments are invited on: (a) whether proposed. A new proposed section (a) significant economic impact on a the collection of information is will require all brokers and importers to substantial number of small entities. necessary for the proper performance of maintain records in accordance with the Accordingly, it is not subject to the the functions of the agency, including new part 163. The proposed language regulatory analysis or other whether the information shall have means that hard copy or electronic requirements of 5 U.S.C. 603 and 604. practical utility; (b) the accuracy of the documentation supporting electronic agency’s estimate of the burden of the Executive Order 12866 immediate delivery, entry, and entry collection of information; (c) ways to summary must be retained in the The proposed amendment does not enhance the quality, utility, and clarity condition as received by the filer or meet the criteria for a ‘‘significant of the information to be collected; and importer, unless the filer has received regulatory action’’ under E.O. 12866. (d) ways to minimize the burden of the permission to store such documentation Paperwork Reduction Act collection of information on in accordance with § 163.5. This change respondents, including through the use establishes uniform procedures for The collection of information of automated collection techniques or storing records in alternative formats. It contained in this rulemaking has been other forms of information technology. is also proposed that § 143.37(c) be submitted to the Office of Management amended to permit filers to consolidate and Budget (OMB) in accordance with Drafting Information and store records and electronic data in the Paperwork Reduction Act of 1995. The principal authors of this alternative formats if their proposed (44 U.S.C. 3507). document are Peter T. Lynch, plan is approved by the Field Director, An agency may not conduct or Regulations Branch, Office of Regulatory Audit who has responsibility sponsor, and a person is not required to Regulations and Rulings and Cindy for the geographical area in which the respond to a collection of information Covell, Regulatory Audit Division, U.S. designated broker’s recordkeeping unless the collection of information Customs Service. However, personnel officer is situated. Appeals from the displays a valid control number. from other offices participated in its The collection of information in these decision of the Field Director would be development. to the Director of the Regulatory Audit regulations is in §§ 163.2, 163.3 and Division in Washington, DC. This 163.14. Although other parts of the List of Subjects Customs Regulations are being eliminates the need to refer the request 19 CFR Part 24 to the Assistant Commissioner, Field amended, all information required by Operations, as the current regulations this proposed amendment is contained Accounting, Customs duties and require. or identified in the above-cited sections. inspection, Reporting and Other language changes to § 143.37(c) This information is to be maintained in recordkeeping requirements, Harbors, are proposed. The term ‘‘centralized the form of records which are necessary Taxes. 19708 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules

19 CFR Part 111 ‘‘Records’’ and add, in their place, (b) Maintenance of records. All Administrative practice and respectively, the following section records must be maintained in procedures, Customs duties and references: ‘‘§ 163.1a’’ and ‘‘§ 163.2’’. accordance with standards set forth in inspection, Brokers, Reporting and 3. Section 111.21 is proposed to be part 163 of this chapter. recordkeeping requirements, Penalties. amended by designating the existing * * * * * paragraph as paragraph (a) and adding 19 CFR Part 143 new paragraphs (b) and (c) to read as PART 143ÐSPECIAL ENTRY Customs duties and inspection, follows: PROCEDURES Reporting and recordkeeping § 111.21 Record of transactions. 1. The general authority citation for requirements. (a) * * * part 143 continues to read as follows: 19 CFR Part 162 (b) Each broker shall comply with the Authority: 19 U.S.C. 66, 1481, 1484, 1498, Administrative practice and provisions of part 163 of this chapter 1624. procedure, Customs duties and when maintaining records that reflect 2. Section 143.31 is proposed to be inspection, Recordkeeping and on his transactions as a broker. amended by removing the reference to reporting requirements, Trade (c) Each broker will designate a § 162.1a(a) in paragraph (n) and agreements. knowledgeable company employee to be replacing it with ‘‘Part 163’’. the broker’s recordkeeping officer as 19 CFR Part 163 3. Section 143.35 is proposed to be well as a back-up recordkeeping officer revised to read as follows: Administrative practice and for broker-wide entry and financial procedure, Customs duties and recordkeeping requirements. § 143.35 Procedure for electronic entry inspection, Recordkeeping and summary. reporting requirements, Trade § 111.22 [Amended] In order to obtain entry summary agreements. 4. Section 111.22 is proposed to be processing electronically, the filer will amended by removing the titles of ‘‘port submit certified entry summary data Proposed Amendments to the director’’ and ‘‘director of the port’’ and electronically through ABI. Data will be Regulations adding, in their place, the phrase, ‘‘Field validated and, if found error-free, will It is proposed to amend Chapter I of Director of Regulatory Audit responsible be accepted. If it is determined through Title 19, Code of Federal Regulations for the geographical area in which the selectivity criteria and review of data (19 CFR Chapter I) by amending parts broker’s designated recordkeeping that documentation is required for 24, 111, 143 and 162, and by adding a officer is located.’’ further processing of the entry new part 163 to read as follows: 5. Section 111.23 is proposed to be summary, Customs will so notify the amended by revising paragraphs (a)(1) filer. Documentation submitted before PART 24ÐCUSTOMS FINANCIAL AND and (b) to read as follows, by removing being requested by Customs will not be ACCOUNTING PROCEDURE paragraphs (c) and (d), and by accepted or retained by Customs. The 1. The general authority citation for redesignating paragraph (e) as paragraph entry summary will be scheduled for Part 24 continues to read in part as (c) and revising it by removing the word liquidation once payment is made under follows: ‘‘centralized’’ and adding the word statement processing (see § 24.25 of this ‘‘consolidated’’ each time it appears, chapter). Authority: 5 U.S.C. 301, 19 U.S.C. 58a-58c, 66, 1202 (General Note 20, Harmonized Tariff and by removing the words ‘‘office of 4. Section 143.46 is proposed to be Schedule of the United States), 1624; 31 Field Operations, Headquarters’’ and amended by revising the first sentence U.S.C. 9701. adding the words ‘‘Field Director, of paragraph (a), and the first sentence * * * * * Regulatory Audit Division responsible of paragraph (c) to read as follows: 2. It is proposed to amend for the geographic area in which the broker’s designated recordkeeping § 143.36 Forms of immediate delivery, § 24.22(d)(5) by removing the phrase entry and entry summary. officer is located’’ in its place. ‘‘shall be maintained for a period of 3 (a) Electronic form of data. If Customs years’’ and adding, in its place, the § 111.23 Retention of records. determines that the immediate delivery, phrase ‘‘shall be maintained in the (a) Place and period of retention—(1) entry or entry summary data is United States for a period of 5 years’’. Place. The records, as defined in satisfactory under §§ 143.34 and 143.35, 3. It is proposed to amend § 111.1(f), and required by § 111.21 and the electronic form of the immediate § 24.22(g)(6) by removing the phrase § 111.22 to be kept by the broker, shall delivery, entry or entry summary ‘‘shall be maintained for a period of 2 be retained within the broker district through ABI shall be deemed to satisfy years’’ and adding, in its place, the that covers the Customs port to which all filing requirements under this part. phrase ‘‘shall be maintained in the they relate unless approval for *** United States for a period of 5 years’’. consolidation of records by the broker (b) * * * PART 111ÐCUSTOMS BROKERS has been received from the Field (c) Submission of invoice. The invoice Director of Regulatory Audit responsible will be retained by the filer unless 1. The general authority citation for for the geographical area in which the requested by Customs. If the invoice is Part 111 continues to read in part as broker’s designated recordkeeping submitted by the filer before a request follows: officer is located. Appeals from a denial is made by Customs, it will not be Authority: 19 U.S.C. 66, 1202 (General of consolidation privileges shall be filed accepted or retained by Customs. When Note 20 Harmonized Tariff Schedule of the with the Director, Regulatory Audit Customs requests presentation of the United States), 1624, 1641. Division, U.S. Customs Service, invoice, invoice data must be submitted * * * * * Washington, DC 20229 within 30 days in one of the following forms: 2. In § 111.1, it is proposed to remove from the mailing of the Field Director’s * * * * * the section references ‘‘§ 162.1a’’ and decision. 5. Section 143.37(a) is proposed to be ‘‘§ 162.1b’’ in the definition of * * * * * revised to read as follows: Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules 19709

§ 143.37 Retention of records. remission or mitigation of fines, (a) Records. The term ‘‘records’’ (a) Record maintenance requirements. penalties, and forfeitures incurred are means any information made or kept in All records received or generated by a contained in part 171 of this chapter. the ordinary course of business that broker or importer must be maintained 4. In Subpart A, the Subpart heading pertain directly or indirectly to the in accordance with part 163 of this is proposed to be revised to read as activities listed in paragraph (a)(1) of chapter. follows: this section. Further, the term includes * * * * * any information required for the entry of Subpart AÐInspection, Examination, 6. In § 143.37, paragraph (c) is merchandise (the ‘‘(a)(1)(A) List’’) and and Search proposed to be amended by removing other information pertaining directly or the words ‘‘Assistant Commissioner, 5. In Subpart A, §§ 162.1a through indirectly to any information element Field Operations, U.S. Customs Service, 162.1i are proposed to be removed. set forth in a collection of information Washington, D.C.’’ and adding the 6. Part 163 is proposed to be added to required by the Tariff Act of 1930, as phrase ‘‘Field Director, Regulatory read as follows: amended, in connection with any Audit Division responsible for the activity listed in paragraph (a)(1) of this geographical area in which the broker’s PART 163ÐRECORDKEEPING section. designated recordkeeping officer is (1) Activities. The following are Sec. located for consolidation of entry and/ activities for purposes of the definition 163.0 Scope. of ‘‘records’’ in paragraph (a) of this or financial records by the broker’’ in its 163.1 Definitions. place and removing the word section: 163.2 Parties required to maintain records. (i) any importation, declaration or ‘‘centralized’’ wherever it appears and 163.3 Entry records. replacing it with the word 163.4 Record retention period. entry; (ii) the transportation or storage of ‘‘consolidated’. 163.5 Alternate methods for storage of records. merchandise carried or held under bond § 143.37 [Amended] 163.6 Notices for production and into or from the customs territory of the 7. Section 143.37 (d) is proposed to be examination of records and witnesses; United States; amended by removing the title penalties. (iii) the filing of a drawback claim; ‘‘Assistant Commissioner, Field 163.7 Summons. (iv) any exportation to a NAFTA Operations’’ each time it appears and 163.8 Contents of summons. country; 163.9 Service of summons. (v) the collection or payment of fees adding in its place, the title ‘‘Director, 163.10 Third-party recordkeeper. and taxes to Customs; or Regulatory Audit Division’’. 163.11 Enforcement of summons. (vi) any other activity required to be 8. Section 143.39 is proposed to be 163.12 Failure to comply with court order; undertaken pursuant to the laws or revised to read as follows: penalties. regulations administered by the 163.13 Regulatory audit procedures. § 143.39 Penalties. 163.14 Recordkeeping compliance program. Customs Service. (a) Brokers. Brokers unable to produce 163.15 Denial, Suspension, Revocation, and (2) Examples. Examples of documents requested by Customs Appeal Procedures. information which are considered within a reasonable time will be subject Authority: 5 U.S.C. 301; 19 U.S.C. 66, records include but are not limited to: to penalties pursuant to parts 111 and/ 1508, 1509, 1510, 1624. statements, declarations, documents or or 163 of this chapter. electronically generated or machine § 163.0 Scope. (b) Importers. Importers unable to readable data, books, papers, produce documents requested by This part sets forth the recordkeeping correspondence, accounts, financial Customs within a reasonable time will requirements and procedures governing accounting data, technical data, be subject to penalties pursuant to part the maintenance, production, and computer programs necessary to retrieve 163 of this chapter. examination of records. It also sets forth information in a usable form, and entry the procedures governing the records (contained on the ‘‘(a)(1)(A)’’ PART 162ÐINSPECTION, SEARCH, examination of persons in connection list). AND SEIZURE with any audit, compliance assessment (b) ‘‘(a)(1)(A) list’’. See Entry Records. or other inquiry or investigation (c) Audit. ‘‘Audit’’ means a Customs 1. The authority citation for Part 162 conducted for the purposes of regulatory audit verification of records continues to read in part as follows: ascertaining the correctness of any and other information required to be Authority: 5 U.S.C. 301; 19 U.S.C. 66, entry, for determining the liability of maintained and produced by parties 1624. any person for duties, fees and taxes due listed in § 163.2 or other applicable laws * * * * * or that may be due, for determining and regulations administered by the 2. The heading of Part 162 is proposed liability for fines, penalties and Customs Service. The purpose of an to be revised to read as set forth above. forfeitures, or for insuring compliance audit is to determine that information 3. Section 162.0 is proposed to be with the laws and regulations submitted or required is accurate, revised to read as follows: administered or enforced by Customs. complete and in accordance with laws Additional provisions concerning and regulations administered by the § 162.0 Scope. records maintenance and examination Customs Service. This part contains provisions for the applicable to U.S. importers, exporters, (d) Certified recordkeeper. A inspection, examination, and search of and producers under the U.S. Canada ‘‘certified recordkeeper’’ is a party, persons, vessels, aircraft, vehicles, and Free Trade Agreement and the North required to keep and maintain records, merchandise involved in importation, American Free Trade Agreement are who is the primary responsible for the seizure of property, and for the contained in parts 10 and 181 of this participant of a Customs approved forfeiture and sale of seized property. It chapter, respectively. recordkeeping compliance agreement in also contains provisions for Customs accordance with § 163.14. An agent may enforcement of the controlled § 163.1 Definitions. not be a certified recordkeeper unless substances, narcotics and marihuana When used in this part, the following the agent is the importer of record and laws. Provisions relating to petitions for terms shall have the meaning indicated: meets the requirements of § 163.14; 19710 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules however a Customs broker may be a provided to Customs officials in a (1) The terms and conditions of the certified recordkeeper’s agent in its own readable format such as in a facsimile importation are controlled by the person name and on its own account for paper format or an electronic or placing the order with the importer (e.g., records required by § 111.21 without hardcopy spreadsheet. If a paper record the importer is not an independent client participation. The parties who are or document is part of a multi-part form contractor but the agent of the person certified by Customs as participants in where all copies are made by the same placing the order. For example: The a recordkeeping compliance program impression, a carbon-copy original form, average consumer who purchases an with Customs will consist of the a facsimile copy, or a photocopy of the imported automobile would not be following: Customs and a certified original will be acceptable. When an required to maintain records, but a recordkeeper, or Customs and a certified original record or document is provided transit authority that prepared detailed recordkeeper and its certified to another government agency which specifications from which imported recordkeeping agent, or Customs and a retains it, a certified copy will be subway cars or buses were Customs broker who requests acceptable, and penalties will not be manufactured would be required to certification in its own name and on its assessed for not having the original maintain records); or own account. information/records in accordance with (2) Technical data, molds, equipment, (e) Certified recordkeeper’s agent. A § 163.6. When requested by Customs, a other production assistance, material, ‘‘certified recordkeeper’s agent’’ is a signed statement shall accompany the components, or parts are furnished by party, other than a certified copy certifying it to be a true copy of the the person placing the order with the recordkeeper, who will keep and original record or document. importer with knowledge that they will maintain records on behalf of a certified (i) Summons. ‘‘Summons’’ means any be used in the manufacture or recordkeeper, pursuant to a Customs summons issued that requires either the production of the imported approved agreement, subject to the production of records or the giving of merchandise. provisions of § 163.14. testimony, or both. (c) Recordkeeping required for (f) Compliance assessment. A (j) Technical data. ‘‘Technical data’’ exporters. Any party that exports to ‘‘compliance assessment’’ is the first are records which include diagrams, Canada or Mexico pursuant to the North phase of an audit. During this phase, and other data with regard to a business American Free Trade Agreement must Customs officers review, examine and or an engineering or exploration maintain records in accordance with the test samples of an auditee’s operation, whether conducted inside or regulations as set forth in part 181 of documentation (records normally kept outside the United States, and whether this chapter. in the ordinary course of business that on paper, cards, photographs, (d) Recordkeeping required for support statements and declarations blueprints, tapes, microfiche, film, Customs brokers. Each Customs broker made to Customs), internal controls, magnetic storage or other media. shall maintain and produce records in operations, and procedures to ensure (k) Third-party recordkeeper. ‘‘Third- accordance with parts 111 and 163 of compliance with laws and regulations party recordkeeper’’ means any this chapter. administered byCustoms. The attorney, any accountant or any (e) Recordkeeping required for parties completion of a compliance assessment Customs broker unless such Customs filing drawback claims. A party filing a does not necessarily mandate that a broker is the importer of record on an drawback claim shall make, keep and detailed audit be performed. However, if entry. render for examination records required a compliance assessment is expanded, by the Customs Regulations and other auditors will conduct detailed audit § 163.2 Parties required to maintain records which pertain to that activity steps to further examine non-compliant records. and are ordinarily kept in the normal practices, to identify causes, effects, and (a) Recordkeeping required. The course of business. necessary corrective action, to following parties shall make, keep, and (f) Recordkeeping required for other implement corrective action plans and render for examination and inspection activities. Each party who transports or to conduct follow-up of corrective such records as defined in § 163.1(a): stores merchandise carried or held actions. (1) An owner, importer, consignee, under bond into or from the customs (g) Entry records/‘‘(a)(1)(A) list’’. The importer of record, entry filer, or other territory of the United States shall make, terms ‘‘entry records’’ and ‘‘(a)(1)(A) party who— keep and render for examination records list’’ refer to records or information (i) imports merchandise into the which pertain to such Customs activity required by law or regulation for the customs territory of the United States, and are ordinarily kept in the normal entry of merchandise (whether or not files a drawback claim, or transports or course of business or are required by Customs required its presentation at the stores merchandise carried or held law or regulation for the entry of time of entry). The ‘‘(a)(1)(A) list’’ is under bond, or merchandise. contained in the Appendix. (ii) knowingly causes the importation (g) Recordkeeping required for (h) Original records/information. The or transportation or storage of travelers. After having physically terms ‘‘original records’’ or ‘‘original merchandise carried or held under bond cleared the Customs facility, a traveler information’’ mean paper documents or into or from the customs territory of the who made a baggage or oral declaration electronic data retained in the condition United States; upon arrival in the United States will they were received by the party (2) An agent of any party described in not be required to maintain supporting responsible for maintaining records paragraph (a)(1); or records regarding non-commercial pursuant to 19 U.S.C. 1508. Electronic (3) A person whose activities require merchandise acquired abroad which information which was used to develop the filing of a declaration or entry, or falls within the traveler’s personal paper documents will be considered the both. exemptions or which is covered by a flat original record/information. Original (b) Domestic transaction excluded. A rate of duty. electronic information or paper person ordering merchandise from an documents must be provided to importer in a domestic transaction who § 163.3 Entry records. Customs within a reasonable time if does not knowingly cause merchandise Any party described in § 163.2(a) in requested or demanded pursuant to to be imported is not required to make connection with an import transaction § 163.6. Electronic information shall be and keep records unless: shall be prepared to produce or transmit Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules 19711 to Customs within a reasonable time geographical area in which the (6) The medium cannot be destroyed, after demand any records which are designated requestor’s recordkeeping discarded, or written over. The required by law or regulation for the officer resides and describing the recordkeeper, after appropriate entry of merchandise (‘‘(a)(1)(A) list’’). If proposed system of storage, the transition, and exception-reporting/ the records are returned by Customs, or conversion techniques to be used and testing of accuracy and readability of production at the time of entry is the security safeguards that will be information, will transfer all waived by Customs, the party shall employed to prevent alteration. If the information to non-erasable storage. retain such records. Copies of records applicable director of the regulatory (7) The transfer process includes all which are kept ordinarily in the normal audit field office is satisfied that the relevant notes, worksheets, and other course of business, must be retained alternative methods proposed by the papers necessary for reconstructing or whether or not a copy is retained by recordkeeper will insure the accuracy understanding the records (this also Customs. In any situation, the and availability of the records when includes appropriate back-up responsible party shall, upon demand required, written approval will be procedures). by Customs, taking into consideration granted. (8) There is an effective labeling, the number, type, and age of the items (c) Standards for alternative storage naming, filing, and indexing system that demanded, produce such records within methods. Among methods commonly will permit easy retrieval in a timely a reasonable time. (See § 163.6) used in standard business practice for fashion of records/information. Any storage of records are: Machine readable indices, registers, or other finding aids § 163.4 Record retention period. data, CD ROM, and Microfiche. Methods shall be at the beginning of the records (a) General rule. Any record required that are in compliance with generally to which they relate unless alternative to be made, kept, and rendered for accepted business standards will indexing is specifically authorized. examination and inspection by Customs generally satisfy Customs requirements (9) There are adequate internal control under § 163.2 shall be kept for 5 years provided that the method used is systems, including segregation of duties, from the date of entry, if the record capable of retrieving records requested particularly between those responsible relates to an entry, or 5 years from the within a reasonable time after the for maintaining and producing the date of the activity which required request and that adequate provisions original records and those responsible creation of the record unless excepted exist to prevent alteration, destruction, for the transfer process. (10) All original records must be pursuant to paragraph (b) of this section. or deterioration of the records. The maintained for a minimum of one year (b) Exceptions. (1) Any record relating following are minimum standards that after the date of transfer and internal to a drawback claim shall be kept until will be considered by Customs in sampling-exception-reporting/testing of the third anniversary of the date of evaluating proposals for alternative accuracy and readability must be payment of the claim. storage methods: (2) Packing Lists shall be retained for performed on a quarterly basis. No (1) A responsible and knowledgeable a period of 60 days from the end of the original records will be destroyed after recordkeeping officer and a back up release or conditional release period, or, a year unless there is acceptable proof officer are designated to be accountable if a demand for recall has been issued, that records/information are being for the alternative storage of records; for a period of 60 days from the date the accurately transferred. (2) Operational and written goods are redelivered, or by the date (11) There is a system of continuing procedures are in place to ensure that specified in the notice as the latest surveillance over the medium transfer the imaging and/or other media storage redelivery date. system. Files of all internal reviews will (3) If another regulation in this process preserves the integrity, be made available to Customs within a chapter specifies a different record readability, and security of the original reasonable time after demand is made retention period than this section for a records. Procedures must also indicate and retained for five years from the date specific type of record, the other and it must be certified (i) that of entry or the activity unless regulation controls. documents that are required by other maintenance of records is required for Federal or state agencies and that are another time period. § 163.5 Methods of storage for records. similar to Customs records, are created (12) There are procedures for (a) Original Records/Information. All and stored by the same procedures and preventing the destruction of any hard parties listed in § 163.2 must maintain (ii) that there is a standardized retrieval copy records that are required to be all records required by law and process for such records. Additionally, maintained by existing laws or regulation for the required retention written procedures must document the regulations. periods, in the original formats as electronic media used to store records (13) All parties listed in § 163.2 who defined in § 163.1(h), whether paper or and the life cycle and disposition requested and were granted permission electronic, unless alternative storage procedures. to use alternative storage methods shall methods have been approved in writing (3) The medium to which the transfer have the capability to make hard-copy by the director of the regulatory audit will occur is shown to be reliable. reproductions of alternatively stored field office who has responsibility for (Vendor specifications/documentation records. Parties shall bear the expense of the geographical area in which the and benchmark data must be available the cost of making hardcopy designated requestor’s recordkeeping for Customs review.) reproductions of any or all alternatively officer resides. The records must be (4) The data retention and transfer stored records required by proper capable of being retreived upon lawful procedures are documented and provide Customs officials for audit, inquiry, request or demand by Customs. reasonable assurance that the integrity, investigation, or inspection of such (b) Approval for alternative method of reliability, and security of the original records/information. storage. Any of the parties listed in data will be maintained. Procedures (d) Retention of records. All parties § 163.2 may request Customs approval must include descriptions of authorized listed in § 163.2 who requested and to maintain any records in an alternative personnel access processes and back up were granted permission to use format by writing to the director of the and recovery systems. alternative storage methods shall retain regulatory audit field office who has (5) There is an audit trail describing and keep available two copies of the audit oversight responsibility for the the data transfer. records/information on approved media 19712 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules at different locations for the periods § 163.6 Notices for production and subject to a penalty for each release of specified in § 163.4. examination of records and witnesses; merchandise not to exceed $100,000, or (e) Retrievability of records. All penalties. an amount equal to 75 percent of the parties listed in § 163.2 who requested (a) Production of entry records. (1) appraised value of the merchandise, and were granted permission to use Upon written, oral, or electronic notice, whichever amount is less. alternative storage methods shall Customs may require the production of (ii) If the failure to comply is a result produce records as specified by § 163.6. records required by law or regulation for of negligence of the person in A certified hardcopy may be used when the entry of merchandise, whether or maintaining, storing, or retrieving the information is received and stored not presentation was requested at the demanded information, such person electronically for Customs requests for time of entry. Any oral request for shall be subject to a penalty, for each information. Records shall be kept of the records will be followed by a written release of merchandise, not to exceed frequency and to whom copies of the request. The records shall be produced $10,000, or an amount equal to 40 records were given. timely taking into consideration the percent of the appraised value of the (f) Changes to alternate storage number, type, and age of the item merchandise, whichever amount is less. procedures. No changes to alternate demanded. In order to provide the (2) Additional actions. In addition to recordkeeping procedures may be made public with general guidelines of the any penalty imposed under paragraph without the approval of the appropriate time frames within which Customs (b)(1)(i) and (b)(1)(ii) of this section, Field Director, Regulatory Audit. expects parties to produce requested regarding demanded records, if the (g) Notification of non-compliance. records, the following table shows demanded record relates to the Notification of non-compliance with the various ages of records and the eligibility of merchandise for a column agreed upon alternative storage methods maximum length of time Customs 1 special rate of duty in the Harmonized must be made within 10 business days expects to wait for their production. Tariff Schedule of the United States, the to the applicable Field Director, Should any recordkeeper from whom entry of such merchandise, unless Regulatory Audit. Notification must be Customs has requested records foresee subject to the exception in paragraph in writing and it must detail what the inability to comply with the given (b)(3) of this section: corrective action will take place. time periods, Customs expects that they (i) If unliquidated, shall be liquidated (h) Penalties. All parties listed in will immediately notify Customs, at the applicable column 1 general rate § 163.2 who requested and were granted provide an explanation for the inability of duty; or permission to use alternative storage to meet the deadline, and provide (ii) If liquidated within the 2-year methods who fail to maintain or Customs with a date on which the period preceding the date of the produce records in a reasonable time records will be produced. demand, shall be reliquidated, period shall be subject to penalties notwithstanding the time limitation in pursuant to § 163.6 for (a)(1)(A) records, Maximum pe- 19 U.S.C. 1514 or 1520, at the applicable and sanctions pursuant to §§ 163.11 and riod for pro- duction of column 1 general rate of duty; 163.12 for other records, and will have Age of entry/entry summary records (3) Exceptions. Any liquidation or their alternative storage privileges (business reliquidation under paragraph (b)(2)(i) revoked immediately by written notice. days) or (b)(2)(ii) of this section shall be at the (i) Revocation of privilege to maintain applicable column 2 rate of duty if the alternative records. All parties listed in 1 day to 1 month ...... 5 1 month to 6 months ...... 10 Customs Service demonstrates that the § 163.2 who requested and were granted merchandise should be dutiable at such permission to use alternative storage 6 months to 1 year ...... 15 1 year to 3 years ...... 20 rate. methods and who fail to meet regulatory 3 years to 5 years ...... 30 (4) Avoidance of penalties for failure conditions and requirements shall, upon to maintain or produce entry records. written notice, have the privilege (2) If the request includes records No penalty may be assessed under revoked by the applicable regulatory previously requested by Customs and paragraph (b)(1) of this section if the audit field office director. The provided to a Customs officer, the person described in § 163.2(a) who fails revocation shall be effective on the date recordkeeper will provide the following to comply with a lawful demand for of issuance of the written notice and information concerning the record: a entry records can show: shall remain in effect pending any copy of the Customs notice letter which (i) That the loss of the demanded appeal. Revocation requires the party originally requested the record, the date information was the result of an act of immediately to begin to maintain the record was provided to Customs, God or other natural casualty or disaster original records and subjects them to and the name and address of the person beyond the fault of such person or an penalties provided for in § 163.6 for to whom the record was provided. agent of the person; failure to do so. (b) Nonproduction of entry records— (ii) On the basis of other evidence (j) Appeal procedures for denial of (1) Penalties applicable for failure to satisfactory to Customs, that the demand alternate storage method or revocation maintain or produce entry records. If was substantially complied with; action taken. The denial of any the record Customs wishes to have (iii) That the information demanded proposed alternate method for the produced is required by law or was presented to and retained by the storage of records required to be regulation for the entry of merchandise, Customs Service at the time of entry or maintained or any revocation of the the following penalties may be imposed submitted in response to an earlier privilege to store records in alternative if a person described in § 163.2(a) fails demand; or formats may be appealed. Any appeal of to comply with a lawful demand for the (iv) that he is a participant in the such denial or revocation shall be in record and is not excused from a recordkeeping compliance program (see writing and directed to the Director, penalty in accordance with paragraph § 163.14(b)(1)) and that this is his first Regulatory Audit Division, Office of (b)(2) of this section: violation and that it is a non-willful Strategic Trade, U.S. Customs Service, (i) If the failure to comply is a result violation. Washington, DC 20229. Appeals shall be of the willful failure of the person to (5) Penalties for failure to maintain or filed within 30 days from the mailing of maintain, store, or retrieve the produce entry records not exclusive. the Field Director’s decision. demanded record, such person shall be Any penalty imposed under paragraph Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules 19713

(b)(1) of this section shall be in addition Such summons may be issued to any § 163.9 Service of summons. to any other penalty provided by law person who: (a) Who may serve. Any Customs except for: (1) Imported or knowingly caused to officer is authorized to serve a summons (i) A penalty imposed under 19 U.S.C. be imported merchandise into the issued under § 163.7. 1592 for a material omission of the customs territory of the United States; (b) Method of service.—(1) Natural demanded information, or (2) Exported merchandise or person. Service upon a natural person (ii) Disciplinary action taken under 19 knowingly caused merchandise to be shall be made by personal delivery. U.S.C. 1641. exported to Canada or Mexico pursuant (2) Corporation, partnership, or (6) Remission or mitigation of to the North American Free Trade association. Service shall be made upon penalties for failure to maintain or Agreement Implementation Act (19 a domestic or foreign corporation, or produce entry records. A penalty U.S.C. 3301(4)), or to Canada during upon a partnership or other imposed under this section may be such time as the United States-Canada unincorporated association which is remitted or mitigated under 19 U.S.C. Free Trade Agreement was in force with subject to suit under a common name, respect to, and the United States applied 1618. by delivery to an officer, managing or that Agreement to, Canada; (7) Customs summons. In addition to general agent, or any other agent assessing penalties, Customs may issue (3) Transported, or stored merchandise that was or is carried or authorized by appointment or law to a summons, pursuant to § 163.7 or seek receive service of process. its enforcement, pursuant to §§ 163.11– held under customs bond, or knowingly (c) Certificate of service. On the 163.12, to compel the furnishing of any caused such transportation or storage; hearing of an application for the records required by law or regulation for (4) Filed a declaration, entry, or enforcement of a summons, the the entry of merchandise. drawback claim with the Customs certificate of service signed by the (c) Examination of records—(1) Service; person serving the summons is prima Reasons for. Customs may initiate an (5) Is an officer, employee, or agent of facie evidence of the facts it states. inquiry, audit, compliance assessment any person described in this paragraph; or investigation to: or § 163.10 Third-party recordkeeper. (6) Had possession, custody or care of (i) Determine the correctness of any (a) Notice. Except as provided by entry, the liability of duties, taxes and records related to the importation or other activity described in this paragraph (f) of this section, if a fees due or which may be due, or any summons issued under § 163.7 to a liability for fines, penalties and paragraph or; (7) Customs otherwise deems proper. third-party recordkeeper requires the forfeitures; or production of records or testimony (ii) Insure compliance with the laws (b) Transcript of testimony under relating to transactions of any person and regulations administered or oath. Testimony of any person taken pursuant to a summons may be taken other than the person summoned, and enforced by the Customs Service. the person is identified in the (2) Availability of records. During the under oath and when so taken shall be description of the records in the course of any inquiry, audit, compliance transcribed. When testimony is summons, notice of the summons shall assessment or investigation, a Customs transcribed, a copy shall be made be provided to the person identified in officer, during normal business hours, available on request to the witness the description of the records contained and to the extent possible, at a time unless for good cause shown the issuing officer determines under 5 U.S.C. 555 in the summons. mutually convenient to the parties, may that a copy should not be provided. In examine or cause to be examined, any (b) Time of notice. Notice of service of that event, the witness shall be limited relevant records, statements, summons required by paragraph (a) of to inspection of the official transcript of declarations, or other documents by this section should be provided by the the testimony. The testimony or providing the person responsible for issuing officer immediately after service transcript may be in the form of a such records with notice, either of summons is obtained under § 163.9, written statement under oath provided electronically, orally or in writing, that but in no event shall notice be given less by the person examined at the request describes the records with reasonable than 10 business days before the date set of the Customs officer. specificity. in the summons for the examination of records or persons. (3) Examination notice not exclusive. § 163.8 Contents of summons. In addition to, or in lieu of, issuing an (c) Contents of notice. The issuing (a) Summons for person. Any officer shall insure that any notice examination notice under this section, summons issued under § 163.7 to Customs may issue a summons pursuant issued under this section includes a compel appearance shall state: copy of the summons and contains the to § 163.7 and seek its enforcement, (1) The name, title, and telephone following information: pursuant to §§ 163.11 and 163.12, to number of the Customs officer before compel the furnishing of any records whom the appearance shall take place; (1) That compliance with the required by law or regulation. (2) The address where the person summons may be stayed if written shall appear, not to exceed 100 miles direction is given by the person § 163.7 Summons. from the place where the summons was receiving notice to the person (a) Who may be served. During the served; summoned not to comply with the course of any inquiry, audit, compliance (3) The time of appearance; and summons; assessment, or investigation initiated for (4) The name, address, and telephone (2) That a copy of the direction not to the reasons set forth in § 163.6, the number of the Customs officer issuing comply and a copy of the summons Commissioner of Customs or his the summons. shall be mailed by registered or certified designee, but no designee of the (b) Summons of records. If the mail to the person summoned at the Commissioner below the rank of port summons requires the production of addresses in the summons and to the director, regulatory audit field director, records, the summons, in addition to issuing Customs officer; and or special agent in charge, may, upon containing the information required by (3) That the actions under paragraphs reasonable notice, issue a summons paragraph (a) of this section, shall (c)(1) and (c)(2) of this section shall be requiring certain persons to produce describe the records with reasonable accomplished not later than the day records or to give testimony or both. specificity. before the day fixed in the summons as 19714 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules the day upon which the records are to Customs summons, the court may find necessary for a formal compliance be examined or testimony given. such party in contempt, assess a assessment report to be prepared for the (d) Service of notice. The issuing monetary penalty, or do both. party being audited; officer shall serve the notice required by (b) Importations prohibited. If a (7) Schedule a closing conference to paragraph (a) of this section in the same person fails to comply with a court explain preliminary results of the audit manner as is prescribed in § 163.9 for order enforcing the summons and is upon completion of the audit field the service of a summons, or by certified adjudged guilty of contempt, the work; or registered mail to the last known Commissioner of Customs, with the (8) Complete the formal written audit address of the person entitled to notice. approval of the Secretary of the report within 90 days following the (e) Examination precluded. If notice is Treasury, for so long as that person closing conference, provided paragraph required by this section, no record may remains in contempt: (b) of this section is not applicable, be examined and no testimony may be (1) May prohibit importation of unless the Director, Regulatory Audit taken before the date fixed in the merchandise by that person, directly or Division, at Customs Headquarters summons as the date to examine the indirectly, or for that person’s account; provides written notice to the person records or to take the testimony. If the and being audited of the reason for any owner, importer, consignee, or their (2) May withhold delivery of delay and the anticipated completion agent, or any other person concerned merchandise imported by that person, date; and issues a stay of the summons, no directly, or indirectly, or for that (9) After application of any exception examination shall take place, and no person’s account. contained in 5 U.S.C. 552, send a copy testimony shall be taken, without the (c) Sale of merchandise. If any person of the formal written audit report to the consent of the person staying remains in contempt for more than 1 person audited within 30 days following compliance, or without an order issued year after the Commissioner issues completion of the report unless a formal by a U.S. district court. instructions to withhold delivery, the investigation has commenced. All (f) Exceptions to notice —(1) Personal merchandise shall be considered pertinent details should be explained at liability for duties, fees and taxes. This abandoned, and shall be sold at public the compliance assessment closing section does not apply to any summons auction or otherwise disposed of in conference and reiterated in the final served on the person, or any officer or accordance with Subpart E of part 162. audit report. (b) Exception to procedures. employee of the person, with respect to § 163.13 Regulatory audit procedures. whose liability for duties, fees, and Paragraphs (a)(4) through (a)(6) and taxes the summons is issued. (a) Conduct of a Customs regulatory (a)(8) through (a)(9) and (c) of this (2) Verification. This section does not audit. In conducting an audit under this section shall not apply after Customs apply to any summons issued to section (which does not include a commences a formal investigation with determine whether or not records of the quantity verification for a customs respect to the issue involved. transactions of an identified person bonded warehouse or general purpose (c) Petitioning procedures for the have been made or kept. foreign trade zone or an inquiry), failure to conduct closing conference. (3) Court order. Notice shall not be Customs auditors, except as provided in Except as provided in paragraph (b) of given if a U.S. district court determines, paragraph (b) of this section, shall: this section, if the estimated or actual upon petition by the issuing Customs (1) Provide notice, telephonically and termination date for an audit passes officer, that reasonable cause exists to in writing, to the person being audited, without a Customs auditor providing a believe giving notice may lead to an in advance of the audit with a closing conference to explain the results attempt: reasonable estimate of the time required of the audit, the person being audited (i) To conceal, destroy, or alter for the audit; may petition in writing for such a relevant records; (2) Inform the party to be audited, in conference to the Director, Regulatory (ii) To prevent the communication of writing, before commencing an audit, of Audit Division, at Customs information from other persons through his right to an entrance conference at Headquarters. Upon receipt of such a intimidation, bribery, or collusion; or, which time the purpose of the audit and request, the Director shall provide for (iii) To flee to avoid prosecution, the estimated termination date would be such a conference to be held within 15 testifying, or production of records. given; days after the date of receipt. (3) Provide a further estimate of such § 163.11 Enforcement of summons. additional time if in the course of an § 163.14 Recordkeeping Compliance Whenever any person does not audit it becomes apparent that Program. comply with a summons issued under additional time will be required; The Recordkeeping Compliance § 163.7, the issuing officer may request (4) Schedule a compliance assessment Program is a voluntary program under the appropriate U.S. attorney to seek an (first phase of an audit) closing which certified recordkeepers are order requiring compliance from the conference upon completion of the eligible for alternatives to penalties and U.S. district court for the district in assessment to explain the preliminary may be entitled to greater mitigation of which the person is found or resides or results of the assessment; any recordkeeping penalty that might be is doing business. (5) Write a compliance assessment assessed should they be unable to report if, after the assessment, it is produce a requested record. § 163.12 Failure to comply with court determined that no audit will be (a) Certification procedures.—(1) Who order; Penalties. performed and all on-site work will end; may apply. Any party described in (a) Monetary penalties. The U.S. (6) At the conclusion of the § 163.2 (a) and (c), and any person or district court of the United States for compliance assessment, if it is organization designated to maintain any district in which a party who has determined that an audit is warranted, entry records for those entities been served with a Customs summons is schedule and hold an audit entrance previously listed may apply to found or resides or is doing business conference to explain the objectives, participate in Customs Recordkeeping may order a party to comply with the records requirements, and time Compliance Program. Participation in summons. Upon the failure of a party to required. If it is decided that an audit Customs Recordkeeping Compliance obey a court order to comply with a will be conducted, it will not be Program is voluntary. Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules 19715

(2) Where to apply. Applications shall produce records or a failure to maintain 909 S.E. First Street, Suite 710, Miami, be submitted to the U.S. Customs the requirements set forth in this FL 33131. Service, Field Director, Regulatory paragraph. The term ‘‘violation’’ means (2) Action on applications. The Audit Division, 909 S.E. First Street, a deviation from the signed agreement regulatory audit field office designee Miami, Florida 33131. Applications that involves a failure to maintain or will process the application shall be submitted in accordance with produce records or a failure to maintain coordinating with the appropriate guidelines in the Recordkeeping the requirements set forth in this Customs headquarters and field Compliance Handbook. paragraph. officials. The regulatory audit field (3) Certification requirements. A (b) Benefits of participation.—(1) office will review and verify the recordkeeper may be certified and enter Alternatives to penalties. Participants in information contained within the into a recordkeeping agreement with the program are eligible for alternatives application and may perform an on-site Customs as a participant in the to the recordkeeping penalties and to verification prior to certification. If an recordkeeping compliance program after greater mitigation of any recordkeeping on-site visit is warranted, the regulatory meeting the general recordkeeping penalty the party might be assessed audit field office shall inform the requirements established by Customs or should they be unable to produce a applicant. If additional information is after negotiating an alternative program requested entry record. If a certified necessary to process the application, the suited to the needs of the recordkeeper participant does not produce a applicant shall be notified. Customs and Customs. To be certified, a demanded entry record or information requests for information not submitted recordkeeper must be in compliance for a specific release or provide with the application or additional with Customs laws and regulations. information by acceptable alternate explanation of details will cause delays Customs will take into account, the size means, Customs shall, in the absence of in the certification of applicants. and nature of the importing business, willfulness or repeated violations and in Requests by Customs for information volume of imports and Customs lieu of a monetary penalty, issue a will result in the suspension of the workload constraints, prior to written notice of violation to the party application certification process. Upon proceeding with any certification. In as described in paragraph (b)(2) of this receipt of satisfactory information the order to be certified, a recordkeeper is section. Willful failure to produce certification process will recommence. required to: records or repeated violations of the (3) Approval and certification. If, (i) Comply with the requirements set recordkeeping requirements with no upon review, Customs determines that forth in the applicable Customs attempt to correct deficiencies and/or a certification shall be granted, the Recordkeeping Compliance Handbook; failure to exercise reasonable care in the applicable Regulatory Audit Field (ii) Understand the legal requirements maintenance of records or compliance Director shall issue a certification with for recordkeeping, including the nature with recordkeeping requirements may all the conditions stated. of the records required to be maintained cause a certified recordkeeper to be and produced and the required time removed from the program and may § 163.15 Denial, suspension, revocation, periods; subject the recordkeeper to immediate and appeal procedures. (iii) Have in place procedures to penalty action for failing to produce (a) General information. Applicants explain the recordkeeping requirements records. and program participants may appeal to those employees who are involved in (2) Contents of notice. A notice of the following decisions for the preparation, maintenance and violation issued for failure to release or administrative review: production of required records; (1) Denial of program participation (iv) Have in place procedures provide information to Customs by a application; regarding the preparation and participant in the recordkeeping (2) Certification suspension; or maintenance of required records, and compliance program shall: the production of such records to (i) State that the recordkeeper has (3) Certification revocation. Customs; violated the recordkeeping (b) Denials of Program Eligibility or (v) Have designated a dependable requirements; Certification—(1) Applicants and individual or individuals to be (ii) Indicate the record or information participants may appeal Field Director responsible for recordkeeping which was demanded and not application denials by filing an appeal compliance under the program whose produced; with the Director, Office of Regulatory duties include maintaining familiarity (iii) Warn the recordkeeper that future Audit, U.S. Customs Service, with the recordkeeping requirements of failures to produce demanded records or Washington, DC 20229. Customs; information may result in the (2) Appeals must be received by the (vi) Have a record maintenance imposition of monetary penalties; and Director, Office of Regulatory Audit procedure approved by Customs for (iv) Warn the recordkeeper that within 30 days after notice of the denial. original records, or, if approved by noncompliance could result in the (3) The Director, Office of Regulatory Customs, for alternative records or removal of the participant from the Audit will review the appeal and recordkeeping formats other than recordkeeping compliance program. respond with a decision within 30 days. original records; and (c) Application, approval and If a decision cannot be made within 30 (vii) Have procedures for notifying certification process.—(1) Application days, the Director will advise the Customs of occurrences of variances to, procedures. Applicants must follow the appellant of the reasons for the delay and violations of, the requirements of guidance and requirements contained in and further actions which will be the recordkeeping compliance program Customs Recordkeeping Compliance carried out to resolve the matter and the or negotiated alternative program, and Handbook. This handbook may be planned completion date. for taking corrective action when obtained by downloading it from the (c) Certification suspension—(1) A notified by Customs of violations or Customs Electronic Bulletin Board Regulatory Audit Field Director may problems regarding such program. The (703–440–6155) or, by mail from the suspend the program participation for a term ‘‘variance’’ means a deviation from U.S. Customs Service, Office of Strategic certified recordkeeper or a certified the signed recordkeeping agreement that Trade, Regulatory Audit Division, recordkeeper’s agent when Customs does not involve a failure to maintain or Recordkeeping Compliance Program, discovers that: 19716 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules

(i) The participant refuses or neglects (iii) The participant fails to provide Appendix to Part 163—Interim (a)(1)(A) to obey any proper Customs order or entry information or documents when List request for records; requested by Customs on a recurring List of Records Required for the Entry (ii) The participant is convicted of basis; of Merchandise General Information acts which would constitute a felony or (iv) A certified recordkeeper’s agent misdemeanor involving tax fraud, theft, fails to notify all certified recordkeepers Section 508 of the Tariff Act of 1930, smuggling or other crime involving for whom it acts as an agent that it has as amended (19 U.S.C. 1508), sets forth Customs business; been suspended for actions relating to the general record keeping requirements (iii) The participant commits repeated one of the certified recordkeepers for for Customs-related activities. Section violations of its recordkeeping whom it acts; 509 of the Tariff Act of 1930, as compliance program agreement and fails (v) The participant is convicted of or amended (19 U.S.C. 1509) sets forth the to take corrective action; has committed acts which would procedures for the production and (iv) The participant repeatedly fails to constitute a felony, or a misdemeanor examination of those records (which produce and maintain records; involving theft, smuggling, or a theft- includes, but is not limited to, any (v) The participant’s continuous bond connected crime; or statement, declaration, document, or has been terminated; (vi) The participant fails to exercise electronically generated or machine (vi) The participant has failed to file reasonable care in the maintenance of readable data). the biennial statement; records in accordance with the Section 509(a)(1)(A) of the Tariff Act (vii) The participant fails to exercise recordkeeping requirements. of 1930, as amended by title VI of Public reasonable care in the maintenance of (2) The revocation shall be effective Law 103–182, commonly referred to as records subject to the recordkeeping on the date of issuance and shall remain the Customs Modernization Act (19 requirements; or in effect pending any appeal. U.S.C. 1509(a)(1)(A)), requires the (viii) The participant fails to comply Revocation subjects parties to penalties production, within a reasonable time with Customs requirements generally. pursuant to § 163.6. Revocation of a after demand by the Customs Service is (2) The suspension shall be effective certified recordkeeper’s agent for a made (taking into consideration the on the date of issuance and shall remain single certified recordkeeper shall also number, type and age of the item in effect pending any appeal. cause revocation for that certified demanded) if ‘‘such record is required Suspension may immediately subject recordkeeper. Revocation of a certified by law or regulation for the entry of the parties to penalties pursuant to § 163.6. recordkeeper’s agent who is an agent for merchandise (whether or not the Suspension of a certified recordkeeper’s multiple certified recordkeepers and has Customs Service required its agent for a single certified recordkeeper committed violations of the agreements presentation at the time of entry)’’. shall also cause suspension for that for multiple clients shall also cause Section 509(e) of the Tariff Act of 1930, certified recordkeeper. Suspension of a revocation for all certified recordkeepers as amended by Public Law 103–182 (19 certified recordkeeper’s agent who is an for whom the agent is acting or U.S.C. 1509(e)) requires the Customs agent for multiple certified receiving reimbursement for acting as an Service to identify and publish a list of recordkeepers and has committed agent. It shall be the duty of the agent the records and entry information that is violations of the agreements for multiple to provide notice of the revocation to all required to be maintained and produced clients may also cause suspension for all certified recordkeepers and other under subsection (a)(1)(A) of section 509 certified recordkeepers for whom the recordkeepers for whom the agent is (19 U.S.C. 1509(a)(1)(A)). This list is agent is acting or receiving acting or receiving reimbursement for commonly referred to as ‘‘the (a)(1)(A) reimbursement for acting as an agent. acting as an agent. Customs shall list.’’ Customs will review the agent’s publish in the Federal Register all agent The Customs Service has tried to recordkeeping procedures to determine revocations. identify all the presently required entry whether such action is necessary. It (e) Procedures for revocation or information or records on the following shall be the duty of the agent to provide suspension. A Regulatory Audit Field list. However, as automated programs notification of the suspension to all Director may for due cause serve notice and new procedures are introduced, certified recordkeepers and other in writing to a certified recordkeeper these may change. In addition, errors recordkeepers for whom the agent is suspending or revoking certification. and omissions to the list may be acting or receiving reimbursement for Such notice shall advise the discovered upon further review by acting as an agent. Failure of an agent recordkeeper of the grounds for the Customs officials or the trade. Pursuant to provide such notification shall be action and shall inform the to section 509(g), the failure to produce grounds for revocation of an agent’s recordkeeper of the procedures which listed records or information upon certification for all certified should be followed should the reasonable demand may result in recordkeepers. Customs shall publish in recordkeeper wish to appeal the penalty action or liquidation or the Federal Register all agent suspension or revocation. reliquidation at a higher rate than suspensions. (f) Appeal of revocation or entered. A record keeping penalty may (d) Certification revocation. (1) A suspension. (1) A recordkeeper who has not be assessed if the listed information Regulatory Audit Field Director may received a notice of revocation or or records are transmitted to and revoke the program certification of a suspension of certification in the retained by Customs. certified recordkeeper or a certified recordkeeping compliance program may Other recordkeeping requirements: recordkeeper’s agent after appropriate appeal the decision of the Field Director The importing community and Customs notice when the following conditions to the Director, Regulatory Audit officials are reminded that the (a)(1)(A) are discovered: Division at Customs Headquarters. list only pertains to records or (i) The certification privilege was (2) The Director, Regulatory Audit information required for the entry of obtained through fraud or mistake of Division at Customs Headquarters shall merchandise. An owner, importer, fact; consider the allegations and responses consignee, importer of record, entry (ii) The participant fails to take made by the recordkeeper and shall filer, or other party who imports corrective action after notification of a render his decision, in writing, within merchandise, files a drawback claim or suspension by Customs; 30 days. transports or stores bonded Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules 19717 merchandise, any agent of the foregoing, an asterisk (*) is usually on the 142.3 *Ultimate Consignee Address or any person whose activities require appropriate form and filed with and 141.61 *Importer of Record Name and them to file a declaration or entry, is retained by Customs: Address also required to make, keep and render 141.11–.15 Evidence of right to make 141.61 *Exporting Country and Date for examination and inspection records entry (airway bill/bill of lading or Exported (including, but not limited to, *carrier certificate, etc.) when goods *I.T. (In-bond) Entry Date (for IT statements, declarations, documents and are imported on a common carrier. Entries only) electronically generated or machine 141.19 *Declaration of entry (usually *Mode of Transportation (MOT Code) readable data) which pertain to any contained on the entry summary or 141.61 *Importing Carrier Name 141.82 Conveyance Name/Number such activity or the information warehouse entry) contained in the records required by the *Foreign Port of Lading 141.32 Power of attorney (when *Import Date and Line Numbers Tariff Act in connection with any such required by regulations) activity; and are normally kept in the *Reference Number 141.54 Consolidated shipments *HTSUS Number ordinary course of business. While these authority to make entry (if this 141.61 *Identification number for records are not subject to administrative procedure is utilized) merchandise subject to Anti- penalties, they are subject to 142.3 Packing list (where appropriate) dumping or Countervailing duty examination and/or summons by 142.4 Bond information (except if order (ADA/CVD Case Number) Customs officers. Failure to comply 10.101 or 142.4(c) applies) 141.61 *Gross Weight could result in the imposition of Parts 4, 18, 122, 123 *Vessel, Vehicle *Manifest Quantity significant judicially imposed penalties or Air Manifest (filed by the carrier) 141.61 *Net Quantity in HTSUSA and denial of import privileges. II. The following records or Units The following list does not replace information are required by 141.61 on 141.61 *Entered Value, Charges, and entry requirements, but is merely Customs Form (CF) 3461 or CF 7533 or Relationship provided for information and reference. the regulations cited. Information 141.61 *Applicable HTSUSA Rate, In the case of the list conflicting with shown with an asterisk (*) is contained ADA/CVD Rate, I.R.C. Rate, and/or regulatory or statutory requirements, the on the appropriate form and/or Visa Number, Duty, I.R. Tax, and latter will govern. otherwise filed with and retained by Fees (e.g. HMF, MPF, Cotton) List of Records and Information Customs: 141.61 Non-Dutiable Charges Required for the Entry of Merchandise 142.3, .3a *Entry Number 141.61 *Signature of Declarant, Title, and Date The following records (which *Entry Type Code *Elected Entry Date *Textile Category Number includes, but is not limited to, any 141.83, .86 Invoice information which *Port Code statement, declaration, document, or includes—e.g., date, number, electronically generated or machine 142.4 *Bond information 141.61, 142.3a *Broker/Importer Filer merchandise (commercial product) readable data) are required by law or description, quantities, values, unit regulation for the entry of merchandise Number 141.61, 142.3 *Ultimate Consignee price, trade terms, part, model, and are required to be maintained and style, marks and numbers, name produced to Customs upon reasonable Name and Number/street address of premises to be delivered and address of foreign party demand (whether or not Customs responsible for invoicing, kind of required its presentation at the time of 141.61 *Importer of Record Number *Country of Origin currency entry). Information may be submitted to Terms of Sale Customs at time of entry in a Customs 141.11 *IT/BL/AWB Number and Code *Arrival Date Shipping Quantities authorized electronic or paper format. Shipping Units of Measurements 141.61 *Carrier Code Not every entry of merchandise requires Manifest Description of Goods *Voyage/Flight/Trip all of the following information. Only Foreign Trade Zone Designation and *Vessel Code/Name those records or information applicable Status Designation (if applicable) *Manufacturer ID Number (for AD/ to the entry requirements for the Indication of Eligibility for Special CVD must be actual mfr.) merchandise in question will be Access Program (9802/GSP/CBI) *Location of Goods-Code(s)/Name(s) required/mandatory. The list may be 141.89 CF 5523 amended as Customs reviews its *U.S. Port of Unlading 141.89, et al Corrected Commercial *General Order Number (only when requirements and continues to Invoice implement the Customs Modernization required by the regulations) 141.86(e) Packing List Act. When a record or information is 142.6 *Description of Merchandise 177.8 *Binding Ruling Identification filed with and retained by Customs, the 142.6 *HTSUSA Number Number (or a copy of the ruling) record is not subject to record keeping 142.6 *Manifest Quantity 10.102 Duty Free Entry Certificate *Total Value penalties, although the underlying (9808.00.30009 HTS) *Signature of Applicant backup or supporting information from 10.108 Lease Statement which it is obtained may also be subject III. In addition to the information IV. Documents/records or information to the general record retention listed above, the following records or required for entry of special categories regulations and examination or items of information are required by law of merchandise (The listed documents summons pursuant to 19 U.S.C. 1508 and regulation for the entry of or information is only required for and 1509. merchandise and are presently required merchandise entered (or required to be (All references, unless otherwise to be produced by the importer of record entered) in accordance with the indicated, are to title 19, Code of at the time the Customs Form 7501 is provisions of the sections of 19 CFR (the Federal Regulations, April 1, 1995 filed. Customs Regulations) listed). These are Edition, as amended by subsequent 141.61 *Entry Summary Date In addition to any documents/records or Federal Register notices.) 141.61 *Entry Date information required by other agencies I. General list or records required for 142.3 *Bond Number, Bond Type in their regulations for the entry of most entries. Information shown with Code and Surety code merchandise: 19718 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules

4.14 CF 226 Information for vessel 10.134 Declaration of actual use 12.110– Pesticides, etc. notice of repairs, parts and equipment (When classification involves actual arrival 7.8(a) CF 3229 Origin certificate for use) 12.118–.127 Toxic substances: TSCA insular possessions 10.138 End Use Certificate statements 7.8(b) CF 3311 and Shipper’s 10.171– Documents, etc. required for 12.130 Textiles & textile products declaration for insular possessions entries of GSP merchandise Single country declaration Part 10 Documents required for entry 10.173, 10.175 GSP Declaration (plus Multiple country declaration of articles exported and returned: supporting documentation) VISA 10.1–10.6 foreign shipper’s declaration 10.174 Evidence of direct shipment 12.132 NAFTA textile requirements or master’s certificate, declaration 10.179 Certificate of importer of crude 54.5 Declaration by importer of use of for free entry by owner, importer or petroleum use of certain metal articles consignee 10.180 Certificate of fresh, chilled or 54.6(a) Re-Melting Certificate 10.7 certificate from foreign shipper frozen beef 114 Carnets (serves as entry and bond for reusable containers 10.183 Civil aircraft parts/simulator document where applicable) 10.8 declaration of person performing documentation and certifications 115 Container certificate of approval alterations or repairs declaration for 10.191–.198 Documents, etc. required 128 Express consignments non-conforming merchandise for entries of CBI merchandise 128.21 *Manifests with required 10.9 declaration of processing CBI declaration of origin (plus information (filed by carrier) 10.24 declaration by assembler supporting information) 132.23 Acknowledgment of delivery endorsement by importer 10.194 Evidence of direct shipment for mailed items subject to quota 10.31, .35 Documents required for ²[10.306 Evidence of direct shipment 133.21(b)(6) Consent from trademark Temporary Importations Under for CFTA] or trade name holder to import Bond: ²[10.307 Documents, etc. required for otherwise restricted goods Information required, Bond or Carnet entries under CFTA Certificate of 134.25, .36 Certificate of marking; 10.36 Lists for samples, professional origin of CF 353] notice to repacker equipment, theatrical effects [²CFTA provisions are suspended while 141.88 Computed value information Documents required for Instruments NAFTA remains in effect. See part 141.89 Additional invoice information of International Traffic: 181] required for certain classes of 12.6 European Community cheese 10.41 Application, Bond or TIR carnet merchandise including, but not affidavit limited to: Note: additional 19 U.S.C. 1508 12.7 HHS permit for milk or cream records: see 10.41b(e) Textile Entries: Quota charge importation Statement, if applicable including 10.43 Documents required for exempt 12.11 Notice of arrival for plant and organizations Style Number, Article Number and plant products Product 10.46 Request from head of agency for 12.17 APHIS Permit animal viruses, 9808.00.10 or 9808.00.20 HTSUS Steel Entries Ordering specifications, serums and toxins including but not limited to, all treatment 12.21 HHS license for viruses, toxins, Documents required for works of art applicable industry standards and antitoxins, etc for treatment of man mill certificates, including but not 10.48 declaration of artist, seller or 12.23 Notice of claimed investigational limited to, chemical composition shipper, curator, etc. exemption for a new drug 143.13 Documents required for 10.49, .52 declaration by institution 12.26–.31 Necessary permits from appraisement entries 10.53 declaration by importer APHIS, FWS & foreign government bills, statements of costs of USFWS Form 3–177, if appropriate certificates when required by the production 10.59, .63 Documents/ CF 5125/ for applicable regulation value declaration withdrawal of ship supplies 12.33 Chop list, proforma invoice and 143.23 Informal entry: commercial 10.66,.67 Declarations for articles release permit from HHS invoice plus declaration exported and returned 12.34 Certificate of match inspection 144.12 Warehouse entry information 10.68, .69 Documents for commercial and importer’s declaration 145.11 Customs Declaration for Mail, samples, tools, theatrical effects 12.43 Certificate of origin/declarations Invoice 10.70, .71 Purebred breeding for goods made by forced labor, etc. 145.12 Mail entry information (CF certificate 12.61 Shipper’s declaration, official 3419 is completed by Customs but 10.84 Automotive Products certificate certificate for seal and otter skins formal entry may be required) 10.90 Master records and metal 12.73, 12.80 Motor vehicle 148 Supporting documents for matrices: detailed statement of cost declarations personal importations of production 12.85 Boat declarations (CG–5096) and 151 subpart B Scale Weight 10.98 Declarations for copper fluxing USCG exemption 151 subpart B Sugar imports sampling/ material 12.91 FDA form 2877 and required lab information (Chemical Analysis) 10.99 Declaration of non-beverage declarations for electronics 151 subpart C Petroleum imports ethyl alcohol, ATF permit products 10.101–.102 Stipulation for 12.99 Declarations for switchblade sampling/lab information government shipments and/or knives Out turn Report 24. to 25.—Reserved certification for government duty- 12.104–.104i Cultural property 151 subpart E Wool and Hair invoice free entries, etc. declarations, statements and information, additional documents 10.107 Report for rescue and relief certificates of origin 151 subpart F Cotton invoice equipment 12.105–.109 Pre-Columbian information, additional documents 15 CFR 301 Requirements for entry of monumental and architectural 181.22 NAFTA Certificate of origin scientific and educational apparatus sculpture and murals certificate of and supporting records 10.121 Certificate from USIA for legal exportation evidence of 19 USC 1356k Coffee Form O visual/auditory materials exemption (currently suspended) Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules 19719

Other Federal and State Agency regulations (62 FR 8818). We requested Implementation Plan (SIP) for the Documents written comments from the public to be general conformity rules. The general State and Local Government Records submitted by April 28, 1997. We have conformity SIP revisions enable the Other Federal Agency Records (See 19 now extended the deadline for filing State of Minnesota to implement and CFR Part 12, 19 U.S.C. 1484, 1499) written comments to May 12, 1997. enforce the Federal general conformity Licenses, Authorizations, Permits requirements in the nonattainment or Proposed Regulations maintenance areas at the State or local Foreign Trade Zones The proposed regulations are level in accordance with 40 CFR part 93, 146.32 Supporting documents to CF available on the Internet at the following subpart B—Determining Conformity of 214 address: Http://www.ita.doc.gov/ General Federal Actions to State or l Approved: December 30, 1996. import admin/records/ Federal Implementation Plans. In addition, the proposed regulations Samuel H. Banks, DATES: Comments on this proposed are available to the public on 3.5′′ action must be received by May 23, Acting Commissioner of Customs. diskettes, with specific instructions for 1997. John P. Simpson, accessing compressed data, at cost, and ADDRESSES: Written comments should Deputy Assistant Secretary of the Treasury. paper copies available for reading and be sent to: Carlton T. Nash, Chief, [FR Doc. 97–10130 Filed 4–22–97; 8:45 am] photocopying in Room B–099 of the Regulation Development Section, Air BILLING CODE 4820±02±P Central Records Unit. Any questions Programs Branch (AR–18J), EPA, Region concerning file formatting, document 5, 77 West Jackson Boulevard, Chicago, conversion, access on Internet, or other Illinois 60604–3590. DEPARTMENT OF COMMERCE file requirements should be addressed to SUPPLEMENTARY INFORMATION: For Andrew Lee Beller, Director of Central additional information, see the Direct International Trade Administration Records, (202) 482–0866. Final rule which is located in the Rules 19 CFR Part 351 Format and Number of Copies section of this Federal Register. Copies of the request and the EPA’s analysis are To simplify the processing and Countervailing Duties; Extension of available for inspection at the following distribution of the public comments Deadline To File Public Comments on address: EPA, Region 5, Air and pertaining to the Department’s proposed Proposed Countervailing Duty Radiation Division, 77 West Jackson regulations, parties are encouraged to Regulations Boulevard, Chicago, Illinois 60604– submit documents in electronic form 3590. (Please telephone Michael G. AGENCY: Import Administration, accompanied by an original and three Leslie at (312) 353–6680 before visiting International Trade Administration, paper copies. All documents filed in the Region 5 office.) Department of Commerce. electronic form must be on DOS ′′ Authority: 42 U.S.C. 7401–7671q. ACTION: Extension of deadline to file formatted 3.5 diskettes, and must be public comments on proposed prepared in either WordPerfect format Dated: February 12, 1997. countervailing duty regulations. or a format that the WordPerfect David A. Ullich, program can convert and import into Regional Administrator. SUMMARY: The Department of Commerce WordPerfect. If possible, the Department [FR Doc. 97–10506 Filed 4–22–97; 8:45 am] (‘‘the Department’’) is extending the would appreciate the documents being BILLING CODE 6560±50±P deadline to file public comments on the filed in either ASCII format or proposed countervailing duty WordPerfect, and containing generic regulations containing changes resulting codes. The Department would also ENVIRONMENTAL PROTECTION from the Uruguay Round Agreements appreciate the use of descriptive file AGENCY Act (the URAA). The deadline for filing names. 40 CFR Part 52 comments on the proposed regulations Dated: April 17, 1997. is now May 12, 1997. Robert S. LaRussa, [DC010±5914b; MD033±7157b; FRL±5814±2] DATES: The comment deadline has been Acting Assistant Secretary for Import extended to May 12, 1997. Administration. Approval and Promulgation of Air ADDRESSES: Address written comments [FR Doc. 97–10529 Filed 4–22–97; 8:45 am] Quality Implementation Plans; District to the following: Robert S. LaRussa, of Columbia and State of MarylandÐ BILLING CODE 3510±DS±P Acting Assistant Secretary for Import 1990 Base Year Emission Inventory for Administration, Central Records Unit, the Metropolitan Washington DC Area Room 1870, U.S. Department of AGENCY: Environmental Protection Commerce, Pennsylvania Avenue and ENVIRONMENTAL PROTECTION Agency (EPA). 14th Street NW., Washington, D.C. AGENCY ACTION: Proposed rule. 20230. The address should also include 40 CFR Part 52 the following: Attention: Proposed SUMMARY: EPA proposes to approve the Regulations/Uruguay Round [MN48±01±7268b; FRL±5699±2] State Implementation Plans (SIPs) Agreements Act—Countervailing Duties. revisions submitted by the District of Each person submitting a comment is Approval and Promulgation of Implementation Plan; Minnesota Columbia and the State of Maryland for requested to include his or her name the purpose of establishing 1990 ozone and address, and give reasons for any AGENCY: Environmental Protection base year emission inventories for the recommendation. Agency. Metropolitan Washington DC ozone FOR FURTHER INFORMATION CONTACT: ACTION: Proposed rule. nonattainment area. In the Final Rules Jennifer A. Yeske at (202) 482–0189. section of this Federal Register, EPA is SUPPLEMENTARY INFORMATION: On SUMMARY: The Environmental Protection approving the District’s and State of February 26, 1997, the Department Agency (EPA) proposes to approve a Maryland’s SIP revisions as a direct published proposed countervailing duty revision to the Minnesota State final rule without prior proposal 19720 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules because the Agency views them as GENERAL SERVICES List of Subjects in 41 CFR Part 101–40 noncontroversial SIP revisions and ADMINISTRATION Freight, Government property anticipates no adverse comments. A management, Moving of household 41 CFR Part 101±40 detailed rationale for the approval is set goods, Reporting and recordkeeping forth in the direct final rule. If no RIN 3090±AG34 requirements, Transportation. adverse comments are received in GSA proposes to amend 41 CFR Part response to this proposed rule, no Transportation and Traffic 101–40 as follows: further activity is contemplated in Management Regulations PART 101±40ÐTRANSPORTATION relation to this rule. If EPA receives AGENCY: Office of Governmentwide adverse comments, the direct final rule Policy, GSA. AND TRAFFIC MANAGEMENT will be withdrawn and all public ACTION: Proposed rule. 1. The authority citation for 41 CFR comments received will be addressed in Part 101–40 continues to read as a subsequent final rule based on this SUMMARY: The General Services follows: action serving as a proposed rule. EPA Administration proposes to amend Part will not institute a second comment 101–40 of the Federal Property Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c). period on this action. Any parties Management Regulations by revising interested in commenting on this action and/or removing text in the first three §101±40.001 [Reserved] should do so at this time. subparts to reflect procedural and policy 2. Section 101–40.001 is removed and changes. This action gives individual reserved. DATES: Comments must be received in agencies greater flexibility and authority writing by May 23, 1997. for administering their freight and Subpart 101±40.1ÐGeneral Provisions ADDRESSES: Comments may be mailed to household goods transportation and traffic management activities. 3. Section 101–40.101–1 is revised to David L. Arnold, Chief, Ozone/CO and read as follows: Mobile Sources Section, Mail code DATES: Comments must be received by 3AT21, Environmental Protection June 23, 1997. §101±40.101±1 Freight transportation Agency, Region III, 841 Chestnut ADDRESSES: Written comments must be management assistance. Building, Philadelphia, Pennsylvania sent to the General Services Executive agencies may request 19107. Copies of the documents relevant Administration (MTT), 18th & F Streets, assistance from the Department of State to this action are available for public NW, Washington, DC 20405. on shipments of household goods inspection during normal business FOR FURTHER INFORMATION CONTACT: moving from, to, and between foreign hours at the EPA office listed above; and William P. Hobson, Travel and countries. The Department of State, if the District of Columbia Department of Transportation Management Policy requested, will prepare documents, Consumer and Regulatory Affairs, 2100 Division, (202) 501–0483. book shipments, and make all customs Martin Luther King Avenue, S.E., SUPPLEMENTARY INFORMATION: The arrangements. Assistance on movements Washington, DC 20020, and Maryland General Services Administration (GSA) originating abroad should be arranged Department of the Environment, 2500 has determined that this rule is not a through the nearest Embassy or Broening Highway, Baltimore, Maryland significant regulatory action for the Consulate. International shipments originating in the conterminous United 21224. purpose of Executive Order 12866 of September 30, 1993, because it is not States can be arranged with FOR FURTHER INFORMATION CONTACT: likely to result in an annual effect on the Transportation Operations, Room 1244, Pauline De Vose, (215) 566–2186, at the economy of $100 million or more; a Department of State, Washington, DC EPA Region III office, or via e-mail at major increase in costs to consumers or 20520, (202) 647–4140 or 1–800–424– [email protected]. While others; or significant adverse effects. 2947. information may be requested via e- Therefore, a regulatory impact analysis §101±40.101±2 [Removed and Reserved] mail, comments must be submitted in has not been prepared. GSA has based 4. Section 101–40.101–2 is removed writing to the above Region III address. all administrative decisions underlying and reserved. this rule on adequate information SUPPLEMENTARY INFORMATION: See the concerning the need for and §101±40.106 [Removed and Reserved] information provided in the Direct Final consequences of this rule; has action of the same title, the District of determined that potential benefits to §101±40.107 [Removed and Reserved] Columbia and Maryland 1990 Base Year society from this rule outweigh the §101±40.108 [Removed and Reserved] Emission Inventory for the Metropolitan potential costs and has maximized the Washington DC Area, which is located 5. Sections 101–40.106 through 101– net benefit; and has chosen the 40.108 are removed and reserved. in the Rules and Regulations section of alternative approach involving the least this Federal Register. net cost to society. §101±40.109±1 [Removed and Reserved] Authority: 42 U.S.C. 7401–7671q. The reporting forms required by this 6. Section 101–40.109–1 is removed Dated: April 8, 1997. regulation are not subject to the and reserved. provisions of the Paperwork Reduction Stanley L. Laskowski, 7. Section 101–40.109–2 is revised to Act of 1996 (44 U.S.C. Chapter 35). read as follows: Acting Regional Administrator, Region III. Therefore, the Paperwork Reduction Act [FR Doc. 97–10509 Filed 4–22–97; 8:45 am] does not apply. §101±40.109±2 Office relocation contracts. BILLING CODE 6560±50±P Pursuant to the Regulatory Flexibility (a) Prior to entering into office Act, it is determined that this rule will relocation contracts, agencies should not have a significant economic impact ensure they are complying with the on a substantial number of small provisions of FPMR Temp. Reg. D–73, entities. Therefore, no regulatory or reissues thereof. (See 41 CFR, flexibility analysis has been prepared. appendix to subchapter D.) Compliance Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules 19721 assistance may be obtained from the (b) If changes in the location, on a comparison of costs between the respective regional directors of the GSA relocation or deactivation of two systems (see § 101–40.203–4). When Public Building Service, Real Estate Government installations or facilities a shipment moves under a GBL, the Division. are contemplated and will result in agency or its agent prepares the bill of (b) Arrangements for moving services, significant changes in the movement of lading, books the shipment, and in other than local office relocation moves, property, executive agencies shall event of loss or damage to the will be contracted for using competitive ensure that consideration is given to the household goods, may either file claims procedures or other appropriate various transportation factors that may directly with the carrier, on behalf of the relocation arrangements including be involved in this relocation or employee, or assist the employee in Government tenders pursuant to section deactivation. filing claims against the carrier. 13712 of the ICC Termination Act of 12. The heading of Subpart 101–40.2 * * * * * 1995 (49 U.S.C. 13712). is revised to read as follows: (c) Local office relocation moves must 18. Section 101–40.203–4 is revised to be acquired by contract. Neither the Subpart 101±40.2ÐHousehold Goods read as follows: statutory exemption provided for in Transportation paragraph (3) of section 7 of the § 101±40.203±4 Cost comparisons. McNamara-O’Hara Service Contract Act 13. Section 101–40.200 is revised to read as follows: Agencies shall compare the costs of of 1965 (Service Contract Act) (41 U.S.C. using the commuted rate system with 351 et seq.) exempting ‘‘any contract for § 101±40.200 Scope of subpart. the cost of using the GBL method. The the carriage of freight of This subpart prescribes regulations comparisons shall include the costs of personnel * * * where published concerning the movement of household transportation, packing, and other tariff rates are in effect’’ nor the goods of Government employees and accessorial services. The calculation of administrative exemption for contracts their dependents who are eligible for costs for the commuted rate system shall for the carriage of freight or personnel relocation within the conterminous be based on the Commuted Rate subject to rates covered by section United States. As used in this subpart, Schedule in effect at the time the cost 13712 of the ICC Termination Act of the term ‘‘household goods’’ includes comparison is prepared. The calculation 1995. (See 29 CFR 4.123.) The Service personal effects, and the term of costs of the GBL method shall be Contract Act applies to local office ‘‘employee(s)’’ includes eligible based on actual carrier rates and charges relocation moves where transportation dependents. as maintained by a carrier or otherwise costs (such as packing, crating, tendered to the Government. Section handling, loading, and/or storage of § 101±40.202 [Removed and Reserved] 302–8.3(c)(4)(i) of the Federal Travel goods prior to or following line-haul 14. Section 101–40.202 is removed Regulation (41 CFR chapters 301 transportation) are incidental to the and reserved. through 304) provides that the principal purpose of the contract. (See 15. The heading of Section 101– commuted rate system shall be used for 29 CFR 4.118.) 40.203 is revised to read as follows: individual employee transfers without § 101±40.109±3 [Removed and Reserved] § 101±40.203 Household goods movement consideration being given to the GBL 8. Section 101–40.109–3 is removed evaluation procedures. method, except that the GBL method may be used if the actual transportation and reserved. 16. Section 101–40.203–1 is revised to costs (including the costs of packing and 9. Section 101–40.110–2 is revised to read as follows: read as follows: other accessorial services) to be incurred § 101±40.203±1 Negotiations by executive by the Government are predetermined § 101±40.110±2 Minority business agencies. and can be expected to result in a real enterprises. Executive agencies are authorized to savings to the Government of $100 or Consistent with the policies of the negotiate with carriers in establishing or more. Agencies requiring the Commuted Government stated in 48 CFR part 19, modifying rates, charges, classification Rate Schedule for Transportation of minority business enterprises shall have ratings, services, and rules or Household Goods shall prepare a the maximum practicable opportunity to regulations for household goods Standard Form 1, Printing and Binding participate in the performance of transportation. (See § 101–40.306.) Requisition, and send it to: Government purchases and contracts. 17. Section 101–40.203–2 is amended Superintendent of Documents, Agencies shall encourage by revising paragraph (a) to read as Departmental Account Representative transportation-related minority follows: Division, U.S. Government Printing enterprises, regardless of the mode of Office (GPO), Washington, DC 20401. transportation, to identify themselves § 101±40.203±2 The GBL method. 19. Section 101–40.204 is revised to and provide services that will support (a) For the purposes of this subpart, read as follows: the agencies’ transportation shipments of Government employees’ requirements. household goods authorized to move § 101±40.204 Carrier selection and 10. Section 101–40.111 is revised to under a Government bill of lading (GBL) distribution of shipments. read as follows: are classified as ‘‘GBL method’’ shipments. This method is Agencies authorizing the GBL method § 101±40.111 Maintenance of tariff files. shall select the eligible carrier that Executive agencies should maintain distinguishable from the commuted rate system (§ 101–40.203–3) in that when a meets the agency’s service requirements those tariffs and rate tenders necessary and offers the lowest cost consistent to meet their operational requirements. GBL is used, the Government, not the employee, is the shipper and the therewith. Deviations from this 11. Section 101–40.112 is amended by methodology shall be documented in revising paragraph (b) to read as follows: Government pays the carrier the applicable transportation charges. The the requesting agency’s records. (See § 101±40.112 Transportation factors in the decision on which method shall be § 101–40.302.) location of Government facilities. authorized is the decision of the 20. Section 101–40.205 is revised to * * * * * employing agency, and shall be based read as follows: 19722 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules

§ 101±40.205 Quality control. the agency to declare a valuation that § 101±40.208 Temporary nonuse, Agencies should monitor the exceeds the tender or tariff minimum, debarment, or suspension of household performance and quality of household the agency will enter the declaration on goods carriers. goods carriers’ service, including the the GBL, pay the carrier the valuation Based on information obtained as extent of its and its relocating fee (if applicable), and collect the fee provided in § 101–40.205 or employees’ satisfaction with the from the employee; alternatively, the documented instances of other service carriers’ service. Relocating employees agency will enter the declaration on the complaints or deficiencies, agencies should monitor the direct performance GBL and direct the carrier to collect the may place household goods carriers in of carrier service, including but not valuation fee (if applicable) directly temporary nonuse, debarred, or limited to such factors as quality of from the employee. Should the suspended status in accordance with the procedures specified in subpart 101– packing, personal courtesy, employee’s request for increased 40.4. communication of services, problem valuation be made after the GBL has responsiveness, delivery without been tendered to the carrier but before damage, delivery on time, and overall Subpart 101±40.3ÐRates, Routes, and the shipment has been picked up, the quality. Traffic managers should Services employee should not make a separate monitor the carriers’ management of the § 101±40.301 [Removed and Reserved] move and how that management affects arrangement with the carrier for 24. Section 101–40.301 is removed carrier service, including but not limited increased valuation. Instead, the and reserved. to such factors as courtesy at tracing, employee should notify the GBL issuing 25. Section 101–40.302 is revised to communicating changes, flexibility, officer of the valuation desired, and read as follows: timeliness of pickup and delivery, and request that the original GBL be overall quality. amended on Standard Form 1200, § 101±40.302 Standard routing principle. Government Bill of Lading Correction 21. Section 101–40.206 is amended by Shipments shall be routed using the Notice. (See § 101–41.4901–1200.) revising the introductory text and mode of transportation, or individual paragraph (a) to read as follows: * * * * * carrier or carriers within the mode, that § 101±40.206 Household goods carriers' 22. Section 101–40.207 is amended by can provide the required service at the liability. revising paragraphs (a), (c), and (d) and lowest overall delivered cost to the Carriers’ Government rate tenders and by removing paragraph (e) to read as Government. Executive agency shippers their applicable tariffs establish the follows: will comply with all Federal, State, and carriers’ minimum liability for the loss local laws and regulations relating to of or damage to Government employees’ § 101±40.207 Household goods loss and vehicular size and weight limitations. household goods transported in damage claims. 26. Section 101–40.303 is revised to conjunction with this subpart. A value (a) Claims for loss and damage to read as follows: exceeding the tender or tariff minimum household goods will normally be filed § 101±40.303 Application of the standard may be declared on the bill of lading, and processed with the line-haul carrier; routing principle. but the carrier will charge a valuation i.e., the carrier to which the household In the application of the standard fee for each $100, or fraction thereof, of goods were tendered and which is routing principle, the principal factors such higher declared valuation. shown on the bill of lading as having for consideration, in their relative order Employees should be fully informed as received the shipment. Depending on of importance, are: Satisfactory service, to the extent the Government will be agency policy, claims for the repair, aggregate delivered cost, equitable monetarily responsible for the replacement, or loss of household goods distribution of traffic, and least fuel- transportation of household goods, the may be filed by either the agency or the consumptive carrier/mode. differences in standard liability under employee (as owner of the goods). When 27. Section 101–40.303–1 is amended Government and commercial bills of the employee files the claim, the agency by revising the introductory paragraph lading, the steps necessary to increase or will furnish the employee necessary to read as follows: decrease the carriers’ liability, and the assistance in claim procedures. relative advantage the employee would § 101±40.303±1 Service requirements. have under the Military Personnel and * * * * * The following factors should be Civilian Employees’ Claims Act of 1964 (c) When settling a claim for loss or considered in determining whether a (see § 101–40.207(b)) when the damage to a shipment of household carrier or mode of transportation can employee chooses to declare a valuation goods, carriers may settle either for the meet an agency’s transportation service that either exceeds (in which case, the full value declared by the shipper or requirements for each individual employee is liable for an excess arrive at the current actual value of the shipment: valuation charge) or does not exceed the lost or damaged item by using the * * * * * tender or tariff minimum. criterion of replacement cost of the lost 28. Section 101–40.303–2 is revised to (a) Carriers’ Government tenders or or damaged item, less depreciation. The read as follows: their tariffs establish the carriers’ basis upon which carriers will settle a minimum liability for loss or damage, claim is contained in carriers’ tariffs or § 101±40.303±2 Aggregate delivered costs. and carriers’ tenders or tariffs prescribe tenders offered the Government under When comparing aggregate delivered any additional charges for which the section 13712 of the ICC Termination costs to determine the most economical Government may be responsible relative Act of 1995. routing of shipments consistent with to that liability. In the absence of an service requirements, consideration employee’s written request for a (d) Regulations governing household should be given to all factors which valuation that exceeds the minimum goods carriers subject to the ICC increase costs to the shipping or liability specified in the tender or tariff, Termination Act of 1995 are contained receiving activity. In addition to the all GBLs should be annotated to show in 49 CFR part 1056. actual transportation rates and charges, the minimum, liability specified in the 23. Section 101–40.208 is revised to other cost factors, such as packing, tender or tariff. If an employee requests read as follows: blocking, bracing, dunnage, drayage, Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules 19723 loading, and unloading, should be § 101±40.305±3 Negotiations by executive applicable tender or quotation number considered where these items affect agencies. and carrier identification; e.g., ‘‘Section overall costs. Executive agencies are authorized to 13712 quotation, ABC Transportation 29. Section 101–40.303–3 is revised to negotiate with carriers in establishing or Company, Tender No. 143.’’ In addition, read as follows: modifying rates, charges, classification where commercial bills of lading are ratings, services, and rules or used rather than Government bills of § 101±40.303±3 Equitable distribution of regulations for freight transportation. lading, the commercial bills of lading traffic among carriers. 34. Section 101–40.306 is revised to shall be endorsed in conformance with When more than one mode of read as follows: the provisions set forth in § 101–40.306– transportation or more than one carrier § 101±40.306 Rate tenders to the 2(a). (For specific regulations covering within a mode can provide equally Government. transportation generated under cost- satisfactory service at the same aggregate Under the provisions of sections reimbursement type contracts, see 48 cost and all modes are equally fuel CFR 47.104–3.) efficient, the traffic should be 10721 (rail) and 13712 (motor) of the Dated: December 17, 1996. distributed as equally as practicable ICC Termination Act of 1995 (49 U.S.C. among the modes and among the 10721 and 13712), common carriers are G. Martin Wagner, carriers within the modes. When permitted to submit tenders to the Associate Administrator, Office of socially or economically disadvantaged Government which contain Governmentwide Policy. carriers and women-owned carriers are transportation rates and/or charges for [FR Doc. 97–10514 Filed 4–22–97; 8:45 am] among the eligible competing carriers, accessorial services that are lower than BILLING CODE 6820±34±P positive action will be taken to include those published in tariffs applicable to such carriers in the equitable the general public; and the Government distribution of traffic. may solicit from carriers offers to provide transportation and accessorial DEPARTMENT OF COMMERCE 30. Section 101–40.303–4 is revised to services at rates and/or charges lower read as follows: National Oceanic and Atmospheric than those published in tariffs Administration § 101±40.303±4 Most fuel efficient mode. applicable to the general public. Rate When more than one mode can satisfy tenders may be applied to shipments 50 CFR Part 600 the service requirements of a specific made by the Government on behalf of shipment at the same lowest aggregate foreign governments. In addition, rate [Docket No. 961030300±7090±03; I.D. 120996A] delivered cost, the mode determined to tenders may be applied to shipments other than those made by the be the most fuel efficient should be RIN 0648±AJ30 selected. In determining the most fuel Government provided the total benefits efficient mode, consideration should be accrue to the Government; that is, Magnuson Act Provisions; Essential given to such factors as use of the provided the Government pays the Fish Habitat (EFH) carrier’s equipment in ‘‘turn around’’ charges or directly and completely AGENCY: service, proximity of carrier equipment reimburses the party that initially pays National Marine Fisheries to the shipping activity, and ability of the freight charges. (Interpretation of Service (NMFS), National Oceanic and carrier to provide the most direct service Government Rate Tariff for Eastern Atmospheric Administration (NOAA), to the destination points. Central Motor Carriers Association, Inc., Commerce. 31. Section 101–40.304 is amended by 332 I.C.C. 161 (1968).) ACTION: Proposed rule; request for 35. Section 101–40.306–2 is amended revising paragraph (a) and by removing comments. by revising the introductory text of paragraph (d) to read as follows: paragraph (a) to read as follows: SUMMARY: NMFS proposes to issue § 101±40.304 Description of property for regulations containing guidelines for the shipment. §101±40.306±2 Required shipping description and identification of documents and annotations. essential fish habitat (EFH) in fishery (a) Each shipment shall be described (a) To qualify for transportation under on the bill of lading or other shipping management plans (FMPs), adverse section 10721 or 13712, property must impacts on EFH, and actions to conserve document as provided in the applicable be shipped by or for the Government on: tender offered to the Government by the and enhance EFH. The regulations carrier or as provided in the agreement * * * * * would also provide a process for NMFS 36. Section 101–40.306–3 is revised to negotiated with the carrier by the to coordinate and consult with Federal read as follows: Government or in accordance with the and state agencies on activities that may carrier’s tariff. Trade names such as §101±40.306±3 Distribution. adversely affect EFH. The guidelines are required by the Magnuson-Stevens ‘‘Foamite’’ or ‘‘Formica’’ or general Each agency receiving rate tenders Fishery Conservation and Management terms such as ‘‘vehicles,’’ ‘‘furniture,’’ or shall promptly submit two copies Act (Magnuson-Stevens Act). The ‘‘Government supplies,’’ shall not, (including at least one signed copy) to purpose of the rule is to assist Fishery unless specifically negotiated with the the General Services Administration, Management Councils (Councils) in carrier by the Government, be used as Office of Transportation Audits (FW), fulfilling the requirements set forth by bill of lading descriptions. Washington, DC 20405. the Magnuson-Stevens Act to amend * * * * * 37. Section 101–40.306–4 is revised to read as follows: their FMPs to describe and identify § 101±40.305±1 [Removed and Reserved] EFH, minimize adverse effects on EFH, §101±40.306±4 Bill of lading and identify other actions to conserve § 101±40.305±2 [Removed and Reserved] endorsements. and enhance EFH. The coordination and 32. Sections 101–40.305–1 and 101– To ensure application of Government consultation provisions would specify 40.305–2 are removed and reserved. rate tenders to all shipments qualifying procedures for adequate consultation 33. Section 101–40.305–3 is revised to for their use, bills of lading covering the with NMFS on activities that may read as follows: shipments shall be endorsed with the adversely affect EFH. 19724 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules

DATES: Written comments on the and innovative methods are available in published in the Federal Register on proposed rule must be received on or habitat identification and mapping. The November 8, 1996 (61 FR 57843), before May 23, 1997. Technical Guidance Manual is based on solicited comments to assist NMFS in ADDRESSES: Comments should be sent to and will contain similar detail to that developing a framework for the the Director, Office of Habitat included in the Framework. The draft proposed guidelines. The second ANPR Conservation, Attention: EFH, NMFS, manual is available for comment and was published on January 9, 1997 (62 1315 East-West Highway, Silver Spring, may be obtained from any NMFS office FR 1306). That ANPR announced the MD 20910–3282. Copies of the listed in the SUPPLEMENTARY availability of the Framework. The Technical Assistance Manual, previous INFORMATION section. Framework was developed to provide a detailed outline for the regulations and advance notices of proposed rulemaking Background (ANPR), draft environmental assessment to serve as an instrument to solicit (EA) and finding of no significant This rulemaking is required by the public comments. The document was impact (FONSI), and ‘‘Framework for Magnuson-Stevens Act (16 U.S.C. 1801 made available to the public for the Description, Identification, et seq) as reauthorized by the comment from January 9, 1997, through Sustainable Fisheries Act, signed into Conservation, and Enhancement of February 12, 1997. During that time, law on October 11, 1996. It mandates Essential Fish Habitat’’ (Framework) are NMFS held fifteen public meetings, that the Secretary of Commerce available. (see SUPPLEMENTARY briefings, and workshops across the (Secretary) shall, within 6 months of the INFORMATION). nation. Eighty-eight comments were date of enactment, establish guidelines received via mail or fax, and numerous FOR FURTHER INFORMATION CONTACT: Lee by regulation to assist the Councils to comments were received during the Crockett, NMFS, 301/713–2325. describe and identify EFH in FMPs public meetings. NMFS considered SUPPLEMENTARY INFORMATION: A copy of (including adverse impacts on such those comments in developing the the ANPRs, Framework, proposed habitat) and to consider actions to proposed regulations. In addition to the regulation, draft EA and FONSI, and conserve and enhance such habitat. regulations, a Technical Guidance Technical Assistance Manual are These proposed regulations would Manual is available (see SUPPLEMENTARY available via the NMFS Office of Habitat establish a process for Councils to INFORMATION) to provide further details Conservation Internet website at: http:/ identify and describe EFH, including on how the Councils will identify EFH /kingfish.ssp.nmfs.gov/rschreib/ adverse impacts to that habitat, per the for managed species and develop habitat.html or by contacting one of the requirements of the Magnuson-Stevens amendments to their FMPs. following NMFS Offices: Act. The Magnuson-Stevens Act also Office of Habitat Conservation, requires that the Secretary, in Relation to Other Laws Attention: EFH, National Marine consultation with fishing participants, The Magnuson-Stevens Act Fisheries Service, 1315 East-West provide each Council with establishes expanded requirements for Highway, Silver Spring, MD 20910– recommendations and information habitat sections of FMPs and requires 3282; 301/713–2325. regarding each fishery under that consultation between the Secretary and Northeast Regional Office, Attention: Council’s authority to assist it to Federal and state agencies on activities Habitat and Protected Resources identify EFH, the adverse impacts on that may adversely impact EFH for those Division, One Blackburn Drive, that habitat, and actions that should be species managed under the Act. It also Gloucester, MA 01930; 508/281–9328. considered to conserve and enhance requires the Federal action agency to Southeast Regional Office, Attention: that habitat. The proposed regulation respond to comments and Habitat Conservation Division, 9721 would establish procedures to carry out recommendations made by the Secretary Executive Center Drive North, St. this mandate. Councils must submit and Councils. For the purpose of Petersburg, FL 33702; 813/570–5317. FMP amendments containing these new consultation on activities that may Southwest Regional Office, Attention: provisions by October 11, 1998. adversely affect EFH, the description of Habitat Conservation Division, 501 In addition, the Magnuson-Stevens EFH included in the FMP would be West Ocean Blvd., Suite 4200, Long Act requires that Federal agencies determinative of the limits of EFH. Beach, CA 90802; 310/980–4041. consult with the Secretary on any Mapping of EFH would be required in Northwest Regional Office, Attention: activity authorized, funded, or the proposed regulations to assist the Habitat Conservation Branch, 525 N.E. undertaken, or proposed to be public and affected parties to learn Oregon St., suite 500, Portland, OR authorized, funded, or undertaken, that where EFH is generally located. 97232; 503/230–5421. may adversely affect EFH. The Secretary However, due to anticipated data gaps Alaska Regional Office, Attention: must respond with recommendations and the dynamic nature of physical and Protected Resources Management for measures to conserve EFH. The biological habitat characteristics, maps Division, 709 West 9th Street, Federal Secretary must provide would be used as supplementary Bldg., room 461, P.O. Box 21668, recommendations to states as well. The information during the consultation Juneau, AK 99802–1668; 907/586– regulation would also establish process. 7235. procedures to implement these The Fish and Wildlife Coordination consultative requirements. Act (FWCA) provides a mechanism for Related Documents This regulation proposes to address the Secretary to comment to other Concurrent with publication of this ecosystem considerations in fishery Federal agencies on activities affecting proposed rule, NMFS will make management. Through the 1996 any living marine resources. Under the available ‘‘Technical Guidance to Magnuson-Stevens Act reauthorization, FWCA, Federal agencies are required to Implement the Essential Fish Habitat FMPs are now required to describe and consult with the Secretary on habitat Requirements for the Magnuson-Stevens identify EFH used by managed fishery impacts from water development Act.’’ This manual provides resources. In addition, FMPs are projects. The Secretary is not, however, supplemental information for required to identify actions to ensure required to consult with Federal developing EFH recommendations and conservation and enhancement of EFH. agencies on all activities that may FMP amendments. The document is In developing this rule, NMFS adversely affect habitat of managed intended to be updated regularly as new published two ANPRs. The first, species, nor are agencies required to Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules 19725 respond to Secretarial comments under Issue 1: Species of fish for which the Issue 4: Interpretation of what habitat the FWCA. The FWCA will continue to Councils must describe and identify is ‘‘necessary’’ for spawning, breeding, allow the Secretary to comment and EFH. NMFS received comments feeding, and growth to maturity. In the make recommendations on Federal suggesting that EFH should be described Framework, NMFS interpreted activities that may adversely affect and identified for only those species ‘‘necessary’’ to mean the amount of living marine resources and their managed by a Council in a FMP. Other habitat needed to support a target habitat, even if such habitat is not interpretations suggested that ‘‘fish’’ production level which included, at a identified as EFH. includes all species inhabiting the minimum, maximum sustainable yield The Endangered Species Act (ESA) geographic jurisdiction of a Council. of the fishery plus other ecological definition of ‘‘critical habitat’’ to The latter interpretation could include benefits such as being prey for other describe habitats under its authority species not currently managed, but living marine resources. Many includes areas occupied by the species considered important by the Council. commentors were concerned that this at the time of listing, as well as those NMFS concludes that Councils should connection was too narrow and unoccupied areas that are deemed describe and identify EFH for only those suggested that either it not be included ‘‘essential for the conservation of a species managed under an FMP. in the guidelines, thereby coupling EFH species.’’ The EFH regulations would According to the Magnuson-Stevens only to feeding, breeding, and growth to specify that, for species listed under Act, EFH can only be designated maturity, or expanding the definition. ESA, EFH will always include critical through an amendment to an FMP. The NMFS has concluded that the goal of habitat. EFH may be broader than Council would not be precluded from linking ‘‘necessary’’ to production is critical habitat if restoration of historic identifying the habitat required by other appropriate, however, this objective has habitat areas is feasible, and more species not covered in an FMP and now been defined as the production habitat is necessary to support a taking steps to protect it. To the extent necessary to support a sustainable sustainable fishery. Because the that such habitat requirements enhance fishery and a healthy ecosystem. statutory definition of EFH includes the the ecosystem approach to FMPs, the Issue 5: Intent of the EFH full life cycle of species, including Councils would be encouraged to amendments in relation to fishing. NMFS received comments that growth to maturity, EFH will also be identify such habitat. However, those clarification is needed regarding fishing broader than critical habitat where habitats of currently non-managed in areas identified as EFH. NMFS has marine habitats have not been included species would not be considered EFH. Issue 2: Timing of the development of now clarified that the intent is not to in the identification of critical habitat EFH recommendations by NMFS. Some preclude fishing in areas identified as (e.g., for anadromous salmonids listed commentors suggested that EFH for all EFH. Rather, the intent is to refine the under the ESA). species within a fishery management Council’s and NMFS’ abilities to Coordination with Interested Parties unit must be completed simultaneously. manage fishing activities by taking into Other commentors suggested that EFH account the increasing knowledge and NMFS would closely coordinate the be described for only those species understanding of the importance of development of EFH recommendations whose catch is a significant component habitat, and taking actions to minimize with the appropriate Councils, fishing of the fishery. NMFS has concluded that adverse impacts from fishing, to the participants, interstate fisheries the law requires the Councils to identify extent practicable. commissions, Federal agencies, state EFH for all managed species within its Many comments requested guidance agencies, and other interested parties. jurisdiction within the Act’s EFH on how the Councils would determine Relation Between EFH and State- amendment period. The Technical when a fishing activity has an adverse Managed Waters Guidance Manual suggests several ways impact requiring action. NMFS has that Councils may perform this task provided additional guidance on this Many species managed under the more efficiently. concern by proposing to require an Magnuson-Stevens Act spend some part Issue 3: Identification of EFH for prey assessment of the impacts of all gear of their life cycle in state waters (in species. Some comments suggested that types used in the EFH. The assessment most states 0–3 miles offshore) as well EFH be identified for all prey species, as would consider closure areas for as Federal waters (generally 3–200 miles opposed to just the predominant prey research to evaluate impacts. The offshore). Because the statutory species. Other comments suggested that Councils would act to prevent, mitigate, definition of EFH covers the entire life identification of EFH for prey species or minimize any adverse impacts from cycle of a species, EFH may be was unnecessary because their habitat fishing, to the extent practicable, if there identified within both Federal and state requirements are covered by the range of is evidence that a fishing practice is waters. Therefore, the consultation EFH for the managed species. NMFS has having a substantial adverse impact on provisions for activities that may concluded that the habitat of prey EFH based on the assessment. adversely affect EFH may require the species would not be included as EFH Issue 6: Interpretation of ‘‘to the Secretary to consult on activities in both for managed species. Rather, Councils extent practicable’’. No guidance was Federal and state waters. Councils may would identify the major prey species provided in the Framework on the exact also comment on activities in both for the species managed under the FMP, meaning of the phrase. Some Federal and state waters. The and would describe the habitat of commentors expressed concern that a requirement for Councils to institute significant prey species to help in lack of guidance risked no additional management measures to minimize determining if there are activities that actions being taken by Councils. Others adverse effects of fishing, however, would adversely affect their habitat. expressed the opinion that the impacts would only address those fishing This analysis would be included in the of fishing were already known, and activities that occur in Federal waters. ‘‘adverse effects’’ section of the EFH suggested closure areas to protect FMP amendment, rather than the sensitive habitats. Cost-benefit analysis Summary of Principal Comments description and identification of EFH was also suggested. NMFS has provided The public comments focused on section. The Councils should consider additional guidance within the eight issues. A summary of these issues loss of prey habitat as an adverse effect proposed rule. The regulation states that and the NMFS response follows. on a managed species. in determining whether minimizing an 19726 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules adverse impact from fishing is environment as a result of this rule. A Dated: April 17, 1997. practicable, Councils should consider: copy of the environmental assessment is Charles Karnella, (1) Whether, and to what extent, the available from NMFS (see Acting Deputy Assistant Administrator for fishing activity is adversely impacting SUPPLEMENTARY INFORMATION). Fisheries, National Marine Fisheries Service, the marine ecosystem, including the National Oceanic and Atmospheric The Assistant General Counsel for managed species; (2) the nature and Administration, U.S. Department of Legislation and Regulation of the extent of the adverse effect on EFH; and Commerce. (3) whether the cost to the fishery is Department of Commerce certified to For the reasons stated in the reasonable. the Chief Counsel for Advocacy of the preamble, 50 CFR part 600 is proposed Issue 7: NMFS’ interpretation of Small Business Administration that this to be amended as follows: ‘‘substrate.’’ Commentors suggested it be proposed rule, if adopted, would not modified to include artificial reefs and have a significant economic impact on PART 600ÐMAGNUSON ACT shipwrecks as EFH. NMFS agrees with a substantial number of small entities. PROVISIONS this modification and clarifies that The proposed rule would establish 1. The authority citation for part 600 artificial reefs and shipwrecks could be guidelines for Councils to identify and continues to read as follows: identified as EFH. describe EFH, including adverse Issue 8: Notification of projects under impacts, and conservation and Authority: 16 U.S.C. 1801 et seq. general concurrence. Several comments enhancement measures. The proposed 2. Section 600.10 is amended by were received on general concurrences, regulation requires that the Councils adding the definition for ‘‘Essential fish suggesting that if no notification is conduct assessments of the effects of habitat’’, in alphabetical order, to read required for projects that fall within a fishing on EFH within their jurisdiction. as follows: general concurrence category, NMFS Should Councils establish regulations § 600.10 Definitions. would be unable to track the cumulative on fishing as a result of the guidelines effects of these categories of activities. * * * * * and assessments of fishing gear, that NMFS continues to state in the Essential fish habitat means those action may affect small entities and regulation that no notice of those waters and substrate necessary to fish actions covered by a general could be subject to the requirement to for spawning, breeding, feeding, or concurrence would be required, but prepare a regulatory flexibility analysis growth to maturity. For the purpose of only if a process is in place by the action at that time. Finally, the consultation interpreting the definition of essential agency to adequately assess cumulative procedures establish a process for fish habitat: ‘‘waters’’ includes aquatic impacts. NMFS to provide conservation areas and their associated physical, Comments were also received recommendations to Federal and state chemical, and biological properties that concerning opportunities for public action agencies. However, because are used by fish, and may include areas review of general concurrences prior to compliance with NMFS’ historically used by fish where final approval and implementation. recommendations are not mandatory, appropriate; ‘‘substrate’’ includes Commentors were concerned that any effects on small businesses would sediment, hard bottom, structures general concurrences could be be speculative. As a result, a regulatory underlying the waters, and associated established that would exempt specific flexibility analysis for this proposed biological communities; ‘‘necessary’’ activities from the consultation process rule was not prepared. This proposed means the habitat required to support a without an opportunity for public rule has been determined to be not sustainable fishery and a healthy review. NMFS has provided in the significant for the purposes of E.O. ecosystem; and ‘‘spawning, breeding, regulations that it would use public 12866. feeding, or growth to maturity’’ covers a Council meetings, or other means, to species’ full life cycle. For purposes of Executive Order provide opportunities for public * * * * * comment on general concurrences prior 12612, the Assistant Administrator for 3. A new subpart is added to part 600 to formalization. If Council review is not Fisheries has determined that this to read as follows: available, NMFS would provide other proposed rule does not include policies reasonable means for public review. that have federalism implications Subpart IÐEssential Fish Habitat (EFH) sufficient to warrant preparation of a Compliance Requirements Federalism Assessment. This proposed Sec. 600.805 Purpose and scope. While the Magnuson-Stevens Act rule establishes circumstances and 600.810 Contents of Fishery Management requires Federal agencies to consult procedures for consultations between Plans. with NMFS on activities that may the states and NMFS or the Councils in 600.815 Coordination and consultation on adversely affect EFH and respond to situations where state action may actions that may adversely affect EFH. NMFS’ recommendations, the Act did adversely impact EFH in state waters. § 600.805 Purpose and scope. not place direct requirements for The proposed rule states that, in such (a) Purpose. This subpart provides compliance with conservation and circumstances, NMFS or the Councils guidelines for the description, enhancement recommendations would furnish the state with EFH identification, conservation, and provided by NMFS. The procedures conservation recommendations. NMFS’ identified in the regulations however, enhancement of, and adverse impacts recommendations are not mandatory, to, EFH. These guidelines provide the outline a method for cooperation and and the states are not required to coordination between agencies, and basis for Councils and the Secretary to expend funds in a way not of their own options for dispute resolution should use in adding the required provision on choosing. this become necessary. EFH to an FMP, i.e., description and List of Subjects in 50 CFR Part 600 identification of EFH, adverse impacts Classification on EFH (including minimizing, to the NMFS has prepared a draft Fisheries, Fishing. extent practicable, adverse impacts from environmental assessment that fishing), and other actions to conserve discusses the impact on the and enhance EFH. This subpart also Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules 19727 includes procedures to implement the as many levels of analysis as possible If only Level 1 information is available, consultation requirements for all within the constraints of the available EFH is everywhere a species is found. Federal and state actions that may data. Councils should strive to obtain If Levels 2 through 4 information is adversely affect EFH. data sufficient to describe habitat at the available, habitats valued most highly (b) Scope. An EFH provision in an highest level of detail (i.e., Level 4). through this analysis should be FMP must include all fish species in the (1) Level 1: Presence/absence considered essential for the species. FMU. An FMP may describe, identify, distribution data are available for some However, habitats of intermediate and and protect the habitat of species not in or all portions of the geographic range low value may also be essential, an FMU; however, such habitat may not of the species. At this level, only depending on the health of the fish be considered EFH for the purposes of presence/absence data are available to population and the ecosystem. sections 303(a)(7) and 305(b) of the describe the distribution of a species (or (B) If a species is overfished or Magnuson Act. life history stage) in relation to existing recovering from a population decline, and potential habitats. Care should be all habitats used by the species should § 600.810 Contents of Fishery taken to ensure that all habitats have be considered essential in addition to Management Plans. been sampled adequately. In the event certain historic habitats that are (a) Mandatory contents—(1) Habitat that distribution data are available for necessary to support the recovery of the requirements by life history stage. FMPs only portions of the geographic area population and for which restoration is must describe EFH in text and with occupied by a particular life history feasible. tables that provide information on the stage of a species, EFH can be inferred (C) EFH will always be greater than or biological requirements for each life on the basis of distributions among equal to the ‘‘critical habitat’’ for any history stage of the species. These tables habitats where the species has been managed species listed as threatened or should summarize all available found and on information about its endangered under the Endangered information on environmental and habitat requirements and behavior. Species Act. habitat variables that control or limit (2) Level 2: Habitat-related densities (D) Where a stock of a species is distribution, abundance, reproduction, of the species are available. At this considered to be healthy and sufficient growth, survival, and productivity of the level, quantitative data (i.e., relative information exists to determine the managed species. Information in the densities) are available for the habitats necessary habitat to support the target tables should be supported with occupied by a species or life history production goal, then EFH for a species citations. stage. Because the efficiency of should be a subset of all existing habitat (2) Description and identification of sampling gear is often affected by for the species. EFH—(i) Information requirements. (A) habitat characteristics, strict quality (E) Ecological relationships among An initial inventory of available assurance criteria are required to ensure species, and between the species and environmental and fisheries data that density estimates are comparable their habitat, require, where possible, sources relevant to the managed species among habitats. Density data should that an ecosystem approach be used in should be useful in describing and reflect habitat utilization, and the degree determining the EFH of a managed identifying EFH. This inventory should that a habitat is utilized is assumed to species or species assemblage. The also help to identify major species- be indicative of habitat value. When extent of the EFH should be based on specific habitat data gaps. Deficits in assessing habitat value on the basis of the judgment of the Secretary and the data availability (i.e., accessibility and fish densities in this manner, temporal appropriate Council(s) regarding the application of the data) and in data changes in habitat availability and quantity and quality of habitat that is quality (including considerations of utilization should be considered. necessary to maintain a managed scale and resolution; relevance; and (3) Level 3: Growth, reproduction, or species or species assemblage at a target potential biases in collection and survival rates within habitats are production goal that supports a interpretation) should be identified. available. At this level, data are sustainable fishery and a healthy (B) To identify EFH, basic information available on habitat-related growth, ecosystem. Councils must establish is needed on current and historic stock reproduction, and/or survival by life target production goals for the fish size and on the geographic range of the history stage. The habitats contributing species in the FMU of an FMP as a goal managed species. Information is also the most to productivity should be those of the FMP. In determining a target required on the temporal and spatial that support the highest growth, production goal that supports a distribution of each major life history reproduction, and survival of the sustainable fishery and a healthy stages (defined by developmental and species (or life history stage). ecosystem, the Secretary and the functional shifts). Since EFH should be (4) Level 4: Production rates by appropriate Council(s) should consider: identified for each major life history habitat are available. At this level, data the prey requirements of the managed stage, data should be collected on the are available that directly relate the species; the extent to which the distribution, density, growth, mortality, production rates of a species or life managed species is prey for other and production of each stage within all history stage to habitat type, quantity, managed species or marine mammals; habitats occupied by the species. These quality, and location. Essential habitats the production necessary to support a data should be obtained from the best are those necessary to maintain fish sustainable fishery; and other ecological available information, including peer- production consistent with a sustainable functions provided by the managed reviewed literature, data reports and fishery and a healthy ecosystem. species. If degraded or inaccessible ‘‘gray’’ literature, data files of (ii) EFH determination. (A) The habitat has contributed to the reduced government resource agencies, and any information obtained through the yields of a species or assemblage, and in other sources of quality information. analysis in paragraph (a)(2)(i) of this the judgment of the Secretary and the (C) The following approach should be section will allow Councils to assess the appropriate Council(s), the degraded used to gather and organize the data relative value of habitats. Councils conditions can be reversed through such necessary for identifying EFH. should apply this information in a risk- actions as improved fish passage Information from all levels will be averse fashion, erring on the side of techniques (for fish blockages), useful in identifying EFH, and the goal inclusiveness to ensure adequate improved water quality or quantity of this procedure should be to include protection for EFH of managed species. measures (removal of contaminants or 19728 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules increasing flows), and similar measures (ii) Cumulative impacts analysis. To avoided, where possible, and minimized that are feasible, then EFH should the extent practicable, FMPs should and mitigated if unavoidable. include those habitats that would be identify and describe those activities (B) Restoration of riparian and essential to the species to obtain that can influence habitat function on shallow coastal areas. Restoration increased yields. an ecosystem or watershed scale. This measures may include: Restoration of (iii) EFH Mapping Requirements. The analysis should include a description of functions of riparian vegetation by general distribution and geographic the ecosystem or watershed, the role of reestablishing endemic trees or other limits of EFH for each life history stage the managed species in the ecosystem or appropriate native vegetation; should be presented in FMPs in the watershed, and the impact on the restoration of natural bottom form of maps. Ultimately, these data ecosystem or watershed of removal of characteristics; removal of unsuitable should be incorporated into a the managed species. An assessment of material from areas affected by human geographic information system (GIS) to the cumulative and synergistic effects of activities; and replacement of suitable facilitate analysis and presentation. multiple threats, including natural gravel or substrate to stream areas for These maps may be presented as fixed adverse effects (such as storm damage or spawning. in time and space but they should climate-based environmental shifts), (C) Upland habitat restoration. This encompass all appropriate temporal and and an ecological risk assessment of the may include measures to control spatial variability in the distribution of managed species’ habitat should also be erosion, stabilize roads, upgrade EFH. If the geographic boundaries of included. For the purposes of this culverts or remove dikes or levees to EFH change seasonally, annually, or analysis, cumulative impacts are allow for fish passage, and the decadally, these changing distributions impacts on the environment that result management of watersheds. (D) Water quality. This includes use of should be represented in the maps. from the incremental impact of an best land management practices for Different types of EFH should be action when added to other past, ensuring compliance with water quality identified on maps along with areas present, and reasonably foreseeable standards at state and Federal levels, used by different life history stages of future actions, regardless of who improved treatment of sewage, and the species. The type of information undertakes such actions. Cumulative impacts can result from individually proper disposal of waste materials . used to identify EFH should be included (E) Watershed analysis and in map legends, and more detailed and minor, but collectively significant actions taking place over a period of subsequent watershed planning. This informative maps should be produced should be encouraged at the local and as more complete information about time. (iii) Mapping adverse impacts. The state levels. This effort should minimize population responses (e.g., growth, use of a GIS or other mapping system to depletion/diversion of freshwater flows survival, or reproductive rates) to analyze and present these data in an into rivers and estuaries, destruction/ habitat characteristics becomes FMP is suggested for documenting degradation of wetlands, and restoration available. Where the present impacts identified under paragraph of native species, and should consider distribution or stock size of a species or (a)(3)(i) of this section and required climate changes. life history stage is different from the when the analysis in paragraph (a)(3)(ii) (F) Habitat creation. Under historical distribution or stock size, then of this section is conducted. appropriate conditions, habitat creation maps of historical habitat boundaries (iv) Conservation and enhancement. may be considered as a means of should be included in the FMP, if FMPs should include options to replacing lost EFH. However, habitat known. The EFH maps are a means to minimize the adverse effects identified creation at the expense of other visually present the EFH described in pursuant to paragraphs (a)(3)(i) and (ii) naturally functioning systems must be the FMP. If the maps and information in of this section and identify conservation justified (e.g., marsh creation with the description of EFH varies, the and enhancement measures. Generally, dredge material placed in shallow water description is ultimately determinative non-water dependent actions should not habitat). of the limits of EFH. be located in EFH. Actions not in EFH (4) Fishing activities that may (3) Non-fishing related activities that but that may result in significant adversely affect EFH.—(i) Adverse may adversely affect EFH—(i) adverse affects on EFH should be effects from fishing may include Identification of adverse effects. FMPs avoided if less environmentally harmful physical disturbance of the substrate, must identify activities that have alternatives are available. If there is no and loss of and injury to, benthic potential adverse effects on EFH alternative, these actions should be organisms, prey species and their quantity and quality. Broad categories of minimized. If avoidance and habitat, and other components of the activities may include, but are not minimization will not adequately ecosystem. limited to: dredging, fill, excavation, protect EFH, mitigation to conserve and (ii) FMPs must include management mining, impoundment, discharge, water enhance EFH will be recommended. measures that minimize adverse effects diversions, thermal additions, runoff, These recommendations may include, on EFH from fishing, to the extent placement of contaminated material, but are not limited to: practicable, and identify conservation introduction of exotic species, and the (A) Avoidance and minimization of and enhancement measures. The FMP conversion of aquatic habitat that may adverse impacts on EFH. must contain an assessment of the eliminate, diminish, or disrupt the Environmentally sound engineering and potential adverse effects of all fishing functions of EFH. If known, an FMP management practices (e.g., seasonal gear types used in waters described as should describe the EFH most likely to restrictions, dredging methods, and EFH. Included in this assessment be affected by these activities. For each disposal options) should be employed should be consideration of the activity, the FMP should describe the for all dredging and construction establishment of research closure areas known or potential impacts to EFH. projects. Disposal of contaminated and other measures to evaluate the These descriptions should explain the dredged material, sewage sludge, impact of any fishing activity that mechanisms or processes that cause industrial waste or other materials in physically alters EFH. expected deleterious effects and explain EFH should be avoided. Oil and gas (iii) Councils must act to prevent, the known or potential impacts on the exploration, production, transportation, mitigate, or minimize any adverse habitat function. and refining activities in EFH should be effects from fishing, to the extent Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules 19729 practicable, if there is evidence that a (ii) Whether, and to what extent, of EFH for each FMP. Prior to fishing practice is having a substantial development activities are, or will be, submitting a written EFH identification adverse effect on EFH, based on the stressing the habitat type. recommendation to a Council for an assessment conducted pursuant to (iii) The rarity of the habitat type. FMP, the draft recommendation will be paragraph (a)(4)(ii). (8) Research and information needs. made available for public review and at (iv) In determining whether it is Each FMP should contain least one public meeting will be held. practicable to minimize an adverse recommendations, preferably in priority NMFS will work with the affected effect from fishing, Councils should order, for research efforts that the Council(s) to conduct this review in consider whether, and to what extent, Councils and NMFS view as necessary association with scheduled public the fishing activity is adversely for carrying out their EFH management Council meetings whenever possible. impacting the marine ecosystem, mandate. The need for additional The review may be conducted at a including the fishery; the nature and research is to make available sufficient meeting of the Council committee extent of the adverse effect on EFH; and information to support a higher level of responsible for habitat issues or as a part whether the benefit to the EFH achieved description and identification of EFH of a full Council meeting. After by minimizing the adverse effect under paragraph (a)(2)(i) of this section. receiving public comment, NMFS will justifies the cost to the fishery. Additional research may also be revise its draft recommendations, as (5) Options for managing adverse necessary to identify and evaluate actual appropriate, and forward written effects from fishing. Fishing and potential adverse effects on EFH, recommendation and comments to the management options may include, but including, but not limited to direct Council(s). are not limited to: physical alteration; impaired habitat quality/functions; or indirect adverse § 600.815 Coordination and consultation (i) Fishing gear restrictions. These on actions that may adversely affect EFH. options may include, but are not limited effects such as sea level rise, global warming and climate shifts; and non- (a) General—(1) Scope. One of the to: limit seasonal and areal uses of trawl gear fishery impacts. The Magnuson- greatest long-term threats to the viability gear and bottom longlines; restrict net Stevens Act specifically identifies the of the Nation’s fisheries is the decline in mesh sizes, traps, and entanglement effects of fishing as a concern. The need the quantity and quality of marine, gear to allow escapement of juveniles for additional research on the effects of estuarine, and other riparian habitats. and non-target species; reduce fish and fishing gear on EFH should be included These procedures address the shellfish traps set near coral reefs and in this section of the FMP. If an adverse coordination and consultation other hard bottoms; limit seasonal and effect is identified and determined to be requirements of sections 305(b)(1)(D) areal uses of dredge gear in sensitive an impediment to reaching target long- and 305(b)(2–4) of the Magnuson- habitats; prohibit use of explosives and term production levels, then the Stevens Act. The consultation chemicals; restrict diving activities that research needed to quantify and requirements of the Magnuson-Stevens have potential adverse effects; prohibit mitigate that effect should be identified Act provide that: Federal agencies must anchoring of fishing vessels in coral reef in this section. consult with the Secretary on all areas and other sensitive areas; and (9) Review and revision of EFH actions, or proposed actions, authorized, prohibit fishing activities that cause components of FMPs. Each Council and funded, or undertaken by the agency, significant physical damage in EFH. NMFS are expected to periodically that may adversely affect EFH; and the (ii) Time/area closures. These actions review the EFH components of FMPs. Secretary and the Councils provide may include, but are not limited to: Each EFH FMP amendment should recommendations to conserve EFH to closing areas to all fishing or specific include a provision requiring review Federal or state agencies. EFH gear types during spawning, migration, and update of EFH information and conservation recommendations are foraging and nursery activities; and preparation of a revised FMP measures recommended by the Councils designating zones to limit effects of amendment if new information becomes or NMFS to a Federal or state agency to fishing practices on certain vulnerable available. The schedule for this review conserve EFH. Such recommendations or rare areas/species/life history stages. should be based on an assessment of may include measures to avoid, (iii) Harvest limits. These actions may both the existing data and expectations minimize, mitigate, or otherwise offset include, but are not limited to, limits on when new data will become available. adverse effects on EFH resulting from the take of species that provide Such a review of information should be actions or proposed actions authorized, structural habitat for other species conducted as recommended by the funded, or undertaken by that agency. assemblages or communities and limits Secretary, but at least once every five The coordination section requires the on the take of prey species. years. Secretary to coordinate with, and (6) Prey species. Loss of prey is an (b) Optional components. An FMP provide information to, other Federal adverse effect on a managed species and may include a description and agencies regarding EFH. These its EFH; therefore, FMPs should identify identification of, and contain procedures for coordination and the major prey species for the species in management measures to protect, the consultation allow all parties involved the FMU and generally describe the habitat of species under the authority of to understand and implement the location of prey species’ habitat and the the Council, but not contained in the consultation requirements of the threats to that habitat. Adverse effects FMU. However, such habitat may not be Magnuson-Stevens Act. on prey species may result from fishing considered EFH. (2) Coordination with other and non-fishing activities. (c) Development of EFH environmental reviews. Consultation (7) Identification of vulnerable recommendations. After reviewing the and coordination under sections habitat. FMPs should identify best available scientific information, 305(b)(2) and 305(b)(4) of the vulnerable EFH. In determining whether and in cooperation with the Councils, Magnuson-Stevens Act may be a type of EFH is vulnerable, Councils participants in the fishery, interstate consolidated, where appropriate, with should consider: commissions, Federal agencies, state interagency coordination procedures (i) The extent to which the habitat is agencies, and other interested parties, required by other statutes, such as the sensitive to human-induced NMFS will develop written National Environmental Policy Act, the environmental degradation. recommendations for the identification Fish and Wildlife Coordination Act, the 19730 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules

Clean Water Act, Endangered Species coincide with Council meetings. (3) General Concurrence—(i) Purpose. Act, and the Federal Power Act, to Councils should consider establishing The General Concurrence process reduce duplication and improve abbreviated procedures for the identifies specific types of Federal efficiency. For example, a Federal development of Council actions that may adversely affect EFH, agency preparing an environmental recommendations. but for which no further consultation is impact statement (EIS) need not (2) Early involvement. Councils generally required because NMFS has duplicate sections of that document in should provide comments and determined, through an analysis of that a separate EFH assessment, provided the recommendations on proposed state and type of action, that it will likely to result EIS specifically and fully evaluates the Federal activities of interest as early as in minimal adverse effects individually effects of the proposed action on EFH, practicable in project planning to ensure and cumulatively. General notes that it is intended to function as thorough consideration of Council Concurrences may be national or an EFH assessment, is provided to concerns by the action agency. regional in scope. NMFS for review, and meets the other (3) Coordination with NMFS. The (ii) Criteria. (A) For Federal actions to requirements for an EFH assessment Secretary will develop agreements with qualify for General Concurrence, NMFS contained in this section. NMFS each Council to facilitate sharing must determine, after consultation with comments on these documents will also information on actions that may the appropriate Council(s), that the function as its response required under adversely affect EFH and in actions meet all of the following criteria: section 305(b)(4) of the Magnuson- coordinating Council and NMFS (1) The actions must be similar in Stevens Act. responses to those actions. nature and similar in their impact on (3) Designation of Lead Agency. If (4) Anadromous fishery resources. For EFH. more than one Federal or state agency the purposes of the consultation (2) The actions must not cause greater is involved in an action (e.g., requirement of section 305(b)(3)(B) of than minimal adverse effects on EFH authorization is needed from more than the Magnuson-Stevens Act, an when implemented individually. one agency), the consultation anadromous fishery resource under a (3) The actions must not cause greater requirements of sections 305(b)(2–4) of Council’s authority is an anadromous than minimal cumulative adverse effects the Magnuson-Stevens Act may be species where some life stage inhabits on EFH. fulfilled through a lead agency. The lead waters under the Council’s authority. (B) Categories of Federal actions may agency must notify NMFS in writing (c) Federal agency consultation—(1) also qualify for General Concurrence if that it is representing one or more Interagency coordination. Both Federal they are modified by appropriate additional agencies. and state agencies are encouraged to conditions that ensure the actions will (4) Conservation and enhancement of coordinate their actions with NMFS to meet the criteria in paragraph EFH. To further the conservation and facilitate the early identification of (c)(3)(ii)(A) of this section. For example, enhancement of EFH, in accordance potential adverse effects on EFH. This NMFS may provide General with section 305(b)(1)(D) of the will allow consideration of measures to Concurrence for additional actions Magnuson-Stevens Act, NMFS will conserve and enhance EFH early in the contingent upon project size limitations, compile and make available to other project design. The consultation seasonal restrictions, or other Federal and state agencies information requirements of sections 305(b)(2) and conditions. on the locations of EFH, including maps 305(b)(4) of the Magnuson-Stevens Act (iii) General Concurrence and/or narrative descriptions. Federal differ for Federal and state agencies. development. A Federal agency may and state agencies empowered to Only Federal agencies have a mandatory request a General Concurrence for a authorize, fund, or undertake actions statutory requirement to consult with category of its actions by providing that could adversely affect EFH should NMFS regarding actions that may NMFS with a written description of the contact NMFS and the Councils to adversely affect EFH, pursuant to nature and approximate number of the become familiar with the designated section 305(b)(2) of the Magnuson- proposed actions, an analysis of the EFH, and potential threats to EFH, as Stevens Act. NMFS is required under effects of the actions on EFH and well as opportunities to promote the section 305(b)(4) to provide EFH associated species and their life history conservation and enhancement of such recommendations regarding both state stages, including cumulative effects, and habitat. and Federal agency actions that could the Federal agency’s conclusions (b) Council comments and adversely affect EFH (see § 600.810(a)(3) regarding the magnitude of such effects. recommendations to Federal and state for further guidance on actions that If NMFS agrees that the actions fit the agencies—(1) Establishment of could adversely affect EFH). Both criteria in paragraph (c)(3)(ii) of this procedures. Each Council should Federal and state agencies are section, NMFS, in consultation with the establish procedures for reviewing encouraged to develop agreements (or Council(s), will provide the Federal activities, or proposed activities, modify existing agreements) with NMFS agency with a written statement of authorized, funded, or undertaken by to meet the consultation requirements in General Concurrence that further state or Federal agencies that may affect a manner to increase efficiency and to consultation is not required, and that the habitat, including EFH, of a species fully meet the requirements of the EFH preparation of EFH assessments for under its authority. Each Council may provisions. individual actions subject to the General identify activities of concern by: (2) Designation of non-Federal Concurrence is not necessary. If NMFS directing Council staff to track proposed representative. A Federal agency may determines that individual actions that actions; recommending that the designate a non-Federal representative fall within the General Concurrence Council’s habitat committee identify to conduct an abbreviated consultation would adversely affect EFH, NMFS will activities of concern; entering into an or prepare an EFH assessment by giving notify the Federal agency that agreement with NMFS to have the written notice of such designation to abbreviated or expanded consultation is appropriate Regional Director notify the NMFS. If a non-Federal representative is required. If NMFS identifies specific Council of activities that may adversely used, the Federal action agency remains types of Federal actions that may meet impact EFH; or by similar procedures. ultimately responsible for compliance the requirements for a General Federal and state actions often follow with sections 305(b)(2) and 305(b)(4) of Concurrence, NMFS may initiate and specific timetables which may not the Magnuson-Stevens Act. complete a General Concurrence. Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules 19731

(iv) Notification and further (B) The views of recognized experts indicate whether expanded consultation consultation. NMFS may request on the habitat or species that may be is required. If additional consultation is notification for activities covered under affected. not necessary, NMFS’ response must a General Concurrence if NMFS (C) A review of pertinent literature include any necessary EFH conservation concludes there are circumstances and related information. recommendations to be used by the under which such activities could result (D) An analysis of alternatives to the Federal action agency. NMFS will send in more than a minimal impact on EFH, proposed action, including alternatives a copy of its response to the appropriate or if it determines that there is not a that could avoid or minimize adverse Council. process in place to adequately assess the effects on EFH. (v) Timing. The Federal action agency cumulative impacts of activities covered (E) Proposed mitigation. must submit its complete EFH under the General Concurrence. NMFS (F) Other relevant information. Assessment to NMFS as soon as (iv) Incorporation by reference. The may require further consultation for practicable, but at least 60 days prior to assessment may incorporate by these activities on an individual action. a final decision on the action, and reference a completed EFH Assessment Each General Concurrence should NMFS must respond in writing within prepared for a similar action, establish specific procedures for further 30 days. If notification and the EFH supplemented with any relevant new consultation. Assessment are combined with other project specific information, provided environmental reviews required by (v) Public review. Prior to providing a the proposed action involves similar statute, then the statutory deadline for Federal agency with a written statement impacts to EFH in the same geographic those reviews apply to the submittal and of General Concurrence for a category of area or a similar ecological setting. It response. If NMFS and the Federal Federal actions, NMFS will provide an may also incorporate by reference other action agencies agree, a compressed opportunity for public review through relevant environmental assessment schedule will be used in cases where the appropriate Council(s), or other documents. These documents must be regulatory approvals cannot reasonable opportunity for public provided to NMFS. review. (5) Abbreviated consultation accommodate 30 days for consultation, (vi) Revisions to General procedures—(i) Purpose. Abbreviated or to conduct consultation earlier in the Concurrences. NMFS will periodically consultation allows NMFS to quickly planning cycle for proposed actions review and revise its findings of General determine whether, and to what degree, with lengthy approval processes. Concurrence, as appropriate. a Federal agency action may adversely (6) Expanded consultation (4) EFH Assessments—(i) Preparation affect EFH. The abbreviated procedures—(i) Purpose. Expanded requirement. Federal agencies (or consultation process is appropriate for consultation is appropriate for Federal designated non-Federal representatives) Federal actions that would adversely actions that would result in substantial must complete an EFH assessment for affect EFH when, in NMFS’ judgment, adverse effects to EFH and/or require any action that may adversely affect the adverse effect(s) of such actions more detailed analysis to enable NMFS EFH, except for those activities covered could be alleviated through minor to develop EFH conservation by a General Concurrence. Where modifications to the proposed action. recommendations. appropriate, Federal agencies may (ii) Notification by agency. The (ii) Initiation. Expanded consultation combine requirements for Federal agency must notify NMFS and begins when NMFS receives a written environmental documents such as the appropriate Council in writing as request from a Federal action agency to Endangered Species Act Biological early as practicable regarding proposed initiate expanded consultation. The Assessments pursuant to 50 CFR part actions that may adversely affect EFH. Federal action agency’s written request 402 or National Environmental Policy Notification will facilitate discussion of must include a completed EFH Act documents and public notices measures to conserve the habitat. Such Assessment in accordance with pursuant to 40 CFR part 1500, with their early consultation must normally occur paragraph (c)(4) of this section. Because EFH Assessment. This document must during pre-application planning for expanded consultation is required for include all of the information required projects subject to a Federal permit or activities that may potentially have in paragraph (c)(4)(ii) of this section and license, and during preliminary substantial adverse impacts on EFH, the requirements for other applicable planning for projects to be funded or Federal action agencies are encouraged environmental documents to be undertaken directly by a Federal agency. to provide the additional information considered a complete assessment. (iii) Submittal of EFH Assessment. identified under paragraph (c)(4)(iii) of this section. Subject to NMFS’s (ii) Mandatory contents. The The Federal agency must submit a approval, any request for expanded assessment must contain: completed EFH assessment to NMFS for review in accordance with paragraph consultation may encompass a number (A) A description of the proposed of similar individual actions within a action. (c)(4) of this section. If either the Federal agency or NMFS believes given geographic area. (B) An analysis of the effects, expanded consultation will be (iii) NMFS response. NMFS will: including cumulative effects, of the necessary, the Federal agency must (A) Review the EFH Assessment, any proposed action on EFH and the initiate expanded consultation additional information furnished by the managed and associated species, concurrently with submission of the Federal agency, and other relevant including their life history stages. EFH Assessment. Federal agencies will information. (C) The Federal agency’s conclusions not have fulfilled their consultation (B) Conduct a site visit, if appropriate, regarding the effects of the action on requirement under paragraph (a)(1) of to assess the quality of the habitat and EFH. this section until timely notification and to clarify the impacts of the Federal (iii) Additional information. If submittal of a complete EFH agency action. appropriate, the assessment should also Assessment. (C) Evaluate the effects of the action include: (iv) NMFS response. NMFS must on EFH, including cumulative effects. (A) The results of an on-site respond in writing as to whether it (D) Coordinate its review of the inspection to evaluate the habitat and concurs with the findings of the proposed action with the appropriate the site-specific effects of the project. assessment. NMFS’ response shall Council. 19732 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules

(E) Formulate EFH conservation scientific justification for any DEPARTMENT OF COMMERCE recommendations and provide the disagreements with NMFS over the recommendations to the Federal action anticipated effects of the proposed National Oceanic and Atmospheric agency and the appropriate Council. action and the measures needed to Administration (iv) Timing. The Federal action avoid, minimize, mitigate, or offset such 50 CFR Part 622 agency must submit its complete EFH effects. Assessment to NMFS as soon as (ii) Dispute resolution. After receiving [Docket No. 970415091±7091±01; I.D. practicable, but at least 120 days prior 033197D] to a final decision on the action, and a Federal action agency response that is NMFS must conclude expanded inconsistent with the recommendations RIN 0648±AJ88 consultation within 90 days of submittal of NMFS, the Assistant Administrator may request a meeting with the head of Fisheries of the Caribbean, Gulf of of a complete Assessment unless Mexico, and South Atlantic; Snapper the Federal action agency, as well as any extended by NMFS with notification to Grouper Fishery Off the Southern other agencies involved, to discuss the the Federal action agency. If notification Atlantic States; Black Sea Bass Pot and the EFH Assessment are combined proposed action and opportunities for Fishery; Control Date with other statutorily required resolving any disagreements. environmental reviews, then the Memoranda of agreement with Federal AGENCY: National Marine Fisheries statutory deadlines for those reviews action agencies will be sought to further Service (NMFS), National Oceanic and apply to the submittal and response. define such dispute resolution Atmospheric Administration (NOAA), NMFS and Federal action agencies may processes. Commerce. agree to use a compressed schedule in ACTION: Advance notice of proposed cases where regulatory approvals cannot (8) Supplemental consultation. A Federal action agency must resume rulemaking; consideration of a control accommodate a 60 day consultation date. period. consultation with NMFS following (v) Best scientific information. The either abbreviated or expanded SUMMARY: This notice announces that Federal action agency must provide consultation if the agency substantially the South Atlantic Fishery Management NMFS with the best scientific revises its plans for the action in a Council (Council) is considering information available, or reasonably manner that may adversely affect EFH whether there is a need to impose accessible during the consultation, or if new information becomes available additional management measures regarding the effects of the proposed that affects the basis for NMFS’ EFH limiting entry into the commercial pot action on EFH. conservation recommendations. fishery for black sea bass in the (vi) Extension of consultation. If Additionally, where Federal oversight, exclusive economic zone (EEZ) off the NMFS determines that additional data involvement, or control over the action southern Atlantic states, and, if there is or analysis would provide better has been retained or is authorized by a need, what management measures information for development of EFH law, the Federal action agency must should be imposed. If the Council conservation recommendations, NMFS resume consultation if new EFH is determines that there is a need to may request additional time for its designated that may be adversely impose additional management expanded consultation. If NMFS and the measures, it may initiate a rulemaking Federal action agency agree to an affected by the agency’s exercise of its authority. to do so. Possible measures include the extension, the Federal action agency establishment of a limited entry must provide the additional information (d) NMFS recommendations to state program to control participation or to NMFS, to the extent practicable. If agencies—(1) Establishment of effort in the commercial pot fishery for NMFS and the Federal action agency do Procedures. Each Region should black sea bass. If a limited entry not agree to extend consultation, NMFS establish procedures for identifying program is established, the Council is must provide EFH conservation actions or proposed actions authorized, considering [insert date of publication recommendations to the Federal action funded, or undertaken by state agencies in the Federal Register], as a possible agency using the best scientific data that may adversely affect EFH, and for control date. Consideration of a control available to NMFS. identifying the most appropriate method date is intended to discourage new entry (7) Responsibilities of Federal action for providing EFH conservation into the fishery based on economic agency following receipt of EFH recommendations to the state agency. speculation during the Council’s conservation recommendations—(i) deliberation on the issues. Federal action agency response. Within (2) Coordination with Federal DATES: 30 days after receiving an EFH consultation procedures. When an Comments must be submitted by conservation recommendation (or at activity that may adversely affect EFH May 23, 1997. least 10 days prior to final approval of requires authorization or funding by ADDRESSES: Comments should be the action, if a decision by the Federal both Federal and state agencies, NMFS directed to the South Atlantic Fishery agency is required in less than 30 days), will provide the appropriate state Management Council, One Southpark the Federal action agency must provide agencies with copies of EFH Circle, Suite 306, Charleston, SC 29407– a detailed response in writing to NMFS conservation recommendations 4699; Fax: 803–769–4520. and the appropriate Council. The developed as part of the Federal FOR FURTHER INFORMATION CONTACT: response must include a description of consultation procedures in paragraph (c) Peter Eldridge, 813–570–5305. measures proposed by the agency for of this section. SUPPLEMENTARY INFORMATION: The black avoiding, mitigating, or offsetting the sea bass fishery in the EEZ off the impact of the activity on EFH. In the [FR Doc. 97–10540 Filed 4–22–97; 8:45 am] southern Atlantic states is managed case of a response that is inconsistent BILLING CODE 3510±22±P under the Fishery Management Plan for with the recommendations of NMFS, the Snapper-Grouper Fishery of the the Federal action agency must explain South Atlantic Region (FMP). The FMP its reasons for not following the was prepared by the Council and is recommendations, including the implemented through regulations at 50 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules 19733

CFR part 622 under the authority of the Consideration of a control date does DATES: Written comments must be Magnuson-Stevens Fishery not commit the Council or NMFS to any received on or before June 23, 1997. Conservation and Management Act. The particular management regime or ADDRESSES: Comments must be mailed FMP covers black sea bass off the criteria for entry into the black sea bass to the Southeast Regional Office, NMFS, southern Atlantic states south of pot fishery. Fishermen are not 9721 Executive Center Drive N., St. 35°15.3’ N. lat. (due east of Cape guaranteed future participation in this Petersburg, FL 33702. Hatteras Light, NC). Pots may not be fishery, regardless of their entry date or Requests for copies of Amendment 8, used south of 28°35.1’ N. lat. (due east intensity of participation in the fishery which includes an environmental of the NASA Vehicle Assembly before or after the control date under assessment, a regulatory impact review, Building, Cape Canaveral, FL). Current consideration. The Council may and an initial regulatory flexibility regulations on black sea bass pots (1) subsequently choose a different control analysis, should be sent to the South require a permit for their use, (2) require date or they may choose a management Atlantic Fishery Management Council, 1 vessel and gear identification, (3) regime that does not make use of such Southpark Circle, Suite 306, Charleston, prohibit their use in special a date. The Council may choose to give SC 29407–4699; Phone: (803) 571–4366; management zones and the Oculina variably weighted consideration to Fax: (803) 769–4520 or to the Gulf of Bank habitat area of particular concern, fishermen active in the fishery before Mexico Fishery Management Council, and (4) specify construction and after the control date. Other 3018 U.S. Highway 301 North, Suite requirements. qualifying criteria, such as 1000, Tampa, FL 33619–2266; Phone: The black sea bass fishery is documentation of commercial landings 813–228–2815; Fax: 813-225-7015. prosecuted mainly in the EEZ off North and sales, may be applied for entry. The FOR FURTHER INFORMATION CONTACT: and South Carolina. Although most Council also may choose to take no Mark Godcharles, 813–570–5305. black sea bass are caught by pots, some further action to control entry or access SUPPLEMENTARY INFORMATION: The are taken by hook and line. Action to to the fishery, in which case the control Magnuson-Stevens Fishery control entry into the hook-and-line date may be rescinded. Conservation and Management Act fishery for black sea bass is not Authority: 16 U.S.C. 1801 et seq. (Magnuson-Stevens Act) requires each contemplated at this time. Dated: April 17, 1997. Regional Fishery Management Council Implementation of an effort limitation Rolland A. Schmitten, to submit any fishery management plan program for the black sea bass pot or amendment to the Secretary of fishery in the EEZ would require Assistant Administrator for Fisheries, National Marine Fisheries Service. Commerce for review and approval, preparation of an amendment to the disapproval, or partial approval. The [FR Doc. 97–10539 Filed 4–22–97; 8:45 am] FMP by the Council and publication of Magnuson-Stevens Act also requires a proposed implementing rule with a BILLING CODE 3510±22±F that NMFS, upon receiving an public comment period. NMFS’ amendment, immediately publish a approval of the amendment and DEPARTMENT OF COMMERCE document in the Federal Register issuance of a final rule would also be stating that the amendment is available required. National Oceanic and Atmospheric for public review and comment. As the Council considers management Administration Amendment 8 would: (1) Add two options, including limited entry or new fishery problems to be addressed access-controlled regimes, some 50 CFR Part 622 by the FMP (i.e., localized reduction of fishermen who do not currently harvest fish abundance due to high fishing black sea bass by pots, and have never [I.D. 041597C] pressure and disruption of markets); (2) done so, may decide to enter the fishery establish a moratorium on the issuance for the sole purpose of establishing a RIN 0648±AG25 of commercial vessel permits for king or record of commercial landings. When Fisheries of the Caribbean, Gulf of Spanish mackerel; (3) specify allowable management authorities begin to Mexico, and South Atlantic; Coastal gear in the fisheries for coastal consider use of a limited access Migratory Pelagic Resources of the migratory pelagic resources; (4) revise management regime, this kind of Gulf of Mexico and South Atlantic; the FMP’s definition of optimum yield speculative entry often is responsible for Amendment 8 (OY); (5) revise the earned income a rapid increase in fishing effort in requirement for a commercial vessel fisheries that are already fully AGENCY: National Marine Fisheries permit for king or Spanish mackerel; (6) developed or overdeveloped. The Service (NMFS), National Oceanic and extend the management area for cobia to original fishery problems, such as Atmospheric Administration (NOAA), include the exclusive economic zone off overcapitalization or overfishing, may Commerce. the coastal states from, and inclusive of, be exacerbated by the entry of new ACTION: Notice of availability of an Virginia through New York; (7) allow participants. amendment to a fishery management the retention of up to five cut-off (e.g., In order to avoid this problem, if plan; request for comments. barracuda-damaged) king mackerel in management measures to limit excess of an applicable commercial trip participation or effort in the fishery are SUMMARY: NMFS announces that the limit; (8) establish commercial trip determined to be necessary, the Gulf of Mexico and South Atlantic limits for Atlantic group king mackerel; Councils are considering [insert date of Fishery Management Councils and (9) revise the FMP framework publication in the Federal Register], as (Councils) have submitted Amendment procedure for adjusting management the control date. After that date, anyone 8 to the Fishery Management Plan for measures to: (a) Remove from the entering the commercial black sea bass Coastal Migratory Pelagic Resources of framework procedure a provision for pot fishery may not be assured of future the Gulf of Mexico and South Atlantic subdividing Gulf migratory group king participation in the fishery if a (FMP) for review, approval, and mackerel into eastern and western management regime is developed and implementation by NMFS. Written subgroups when sufficient stock implemented limiting the number of comments are requested from the assessment information is available; (b) fishery participants. public. require that the Council’s stock 19734 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Proposed Rules assessment panel provide additional management measures that may be be considered in the approval/ information on spawning potential established or modified by the disapproval decision on Amendment 8. ratios (SPRs), recruitment trends, and framework procedure; (f) allow setting Comments received after that date will other biological information on the zero bag limits; (g) clarify the authority not be considered in the approval/ managed stocks as well as current of the NMFS Regional Administrator to disapproval decision. All comments estimates of the mix of Atlantic and Gulf close fisheries for which a seasonal received on Amendment 8 or on the migratory groups of king mackerel in the quota has been established; and (h) add proposed rule during their respective mixing zone for use in tracking quotas; or revise other provisions. comment periods will be addressed in (c) revise the FMP’s definition of A proposed rule to implement the final rule. ‘‘overfishing’’ and ‘‘overfished’’ and Amendment 8 has been received from provide for rebuilding overfished stocks the Councils. In accordance with the Authority: 16 U.S.C. 1801 et seq. to OY target levels; (d) clarify the type Magnuson-Stevens Act, NMFS is Dated: April 18, 1997. and timing aspects of the stock evaluating the proposed rule and may Bruce Morehead, assessment panel’s preparation of stock publish it in the Federal Register for Acting Director, Office of Sustainable assessments and reports, which serve as public review and comment. Fisheries, National Marine Fisheries Service. the scientific basis for panel Comments received by June 23, 1997, recommendations and Council fishery whether specifically directed to the [FR Doc. 97–10555 Filed 4–18–97; 4:31 pm] management decisions; (e) add amendment or the proposed rule, will BILLING CODE 3510±22±F 19735

Notices Federal Register Vol. 62, No. 78

Wednesday, April 23, 1997

This section of the FEDERAL REGISTER Stockyards Act (7 U.S.C. 202), it was contains documents other than rules or ascertained that the livestock markets proposed rules that are applicable to the named below were stockyards as public. Notices of hearings and investigations, committee meetings, agency decisions and defined by Section 302(a). Notice was rulings, delegations of authority, filing of given to the stockyard owners and to the petitions and applications and agency public as required by Section 302(b), by statements of organization and functions are posting notices at the stockyards on the examples of documents appearing in this dates specified below, that the section. stockyards were subject to the provisions of the Packers and Stockyards Act, 1921, as amended (7 DEPARTMENT OF AGRICULTURE U.S.C. 181 et seq.). Grain Inspection, Packers and Stockyards Administration

Posting of Stockyards Pursuant to the authority provided under Section 302 of the Packers and

Facility No., name, and location of stockyard Date of posting

IN±165 ...... Dinky's, Inc., Montgomery, Indiana ...... March 18, 1997. MS±168 ...... S & S Sales, Mantachie, Mississippi ...... January 8, 1996. NC±170 ...... Asheville Horse Sale, Asheville, North Carolina ...... January 29, 1997. WY±115 ...... Buffalo Livestock Auction L.L.C., Buffalo, Wyoming ...... February 25, 1997.

Done at Washington, D.C. this 14th day of respondent friendly, machine produce improvements in performance April 1997. imageable, and cost efficient. of the critical household size item. Daniel L. Van Ackeren, As a result of time constraints, major Affected Public: Individuals or Director, Livestock Marketing Division, features of the Census 2000 Dress households. Packers and Stockyards Programs. Rehearsal short and long form mailing [FR Doc. 97–10390 Filed 4–22–97; 8:45 am] Frequency: One time. packages have been identified and BILLING CODE 3410±EN±P decided upon. The dress rehearsal short Respondent’s Obligation: Mandatory. form will be a one-page ‘‘rollfold’’ with Legal Authority: Title 13, United icons and messages in reverse print States Code, Sections 141 and 193. DEPARTMENT OF COMMERCE (white text on black background). The OMB Desk Officer: Jerry Coffey, (202) Submission For OMB Review; long form will be a 32-page booklet with 395–7314. Comment Request a household roster, along with icons and messages in reverse print. The Copies of the above information DOC has submitted to the Office of accompanying envelope will have a collection proposal can be obtained by calling or writing Linda Engelmeier, Management and Budget (OMB) for reverse-print logo in the upper left-hand DOC Forms Clearance Officer, (202) clearance the following proposal for corner and the mandatory message with 482–3272, Department of Commerce, collection of information under the a Department of Commerce seal room 5312, 14th and Constitution provisions of the Paperwork Reduction outlined in gold to the left of the Avenue, NW, Washington, DC 20230. Act (44 U.S.C. chapter 35). address window. Although these Agency: Bureau of the Census. mailing packages have been identified Written comments and Title: 1997 National Census Test. as best given the latest research, it is recommendations for the proposed Form Number(s): DV–1A, –1B, –1C, also true that research is lacking and information collection should be sent –1D, –1E, –2A, –2B, –2C, –5(L), –9. that important, unanswered questions within 30 days of publication of this Agency Approval Number: none. remain about these designs. notice to Jerry Coffey, OMB Desk Type of Request: New collection. Officer, room 10201, New Executive Burden: 14,232 hours. The objectives of the 1997 National Office Building, Washington, DC 20503. Number of Respondents: 40,000. Census Test are to test the response rate Dated: April 16, 1997. Avg. Hours Per Response: 9 minutes and potential biasing effects, if any, of (short forms), 38 minutes (long forms). icons on the mailing package Linda Engelmeier, Needs and Uses: The 1997 National components, to test the response rate Departmental Forms Clearance Officer, Office Census Test is part of the Census effects of the newly designed one sheet of Management and Organization. Bureau’s continuing effort to design ‘‘rollfold’’ forms, and to test the [FR Doc. 97–10416 Filed 4–22–97; 8:45 am] Census 2000 mailing packages that are efficiency of design changes intended to BILLING CODE 3510±07±P 19736 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

DEPARTMENT OF COMMERCE Copies of the above information public may present oral statements to collection proposal can be obtained by the Committee. Written statements may Submission for OMB Review; calling or writing Linda Engelmeier, be submitted at any time before or after Comment Request DOC Forms Clearance Officer, (202) the meeting. However, to facilitate the DOC has submitted to the Office of 482–3272, Department of Commerce, distribution of public presentation Management and Budget (OMB) for room 5312, 14th and Constitution materials to the Committee members, clearance the following proposal for Avenue, NW, Washington, DC 20230. the Committee suggests that presenters collection of information under the Written comments and forward the public presentation provisions of the Paperwork Reduction recommendations for the proposed materials two weeks prior to the Act (44 U.S.C. chapter 35). information collection should be sent meeting date to the following address: Agency: Bureau of the Census. within 30 days of publication of this Ms. Lee Ann Carpenter, TAC Unit/OAS/ Title: 1997 Economic Censuses notice to Jerry Coffey, OMB Desk EA MS: 3886C, Bureau of Export Classification Report. Officer, room 10201, New Executive Administration, U.S. Department of Form Number(s): NC–9926. Office Building, Washington, DC 20503. Commerce, Washington, DC 20230. Agency Approval Number: None. Dated: April 16, 1997. The Assistant Secretary for Type of Request: New collection. Linda Engelmeier, Administration, with the concurrence of Burden: 8,750 hours (in FY 1998). Departmental Forms Clearance Officer, Office the delegate of the General Counsel, Number of Respondents: 105,000. formally determined on December 2, Avg Hours Per Response: 5 minutes. of Management and Organization. [FR Doc. 97–10417 Filed 4–22–97; 8:45 am] 1996, pursuant to Section 10(d) of the Needs and Uses: The 1997 Economic Federal Advisory Committee Act, as BILLING CODE 3510±07±P Census will cover virtually every sector amended, that the series of meetings or of the U.S. economy. The Census portions of meetings of the Committee Bureau will implement the new North and of any Subcommittees thereof, DEPARTMENT OF COMMERCE American Industry Classification dealing with the classified materials System (NAICS) in the 1997 Economic Bureau of Export Administration listed in 5 U.S.C. 552b(c)(1) Shall be Census. The implementation of the exempt from the provisions relating to NAICS as a replacement for the 1987 Regulations and Procedures Technical public meetings found in section 10 Standard Industrial Classification (SIC) (a)(1) and (a)(3), of the Federal Advisory system will require contacting Advisory Committee; Notice of Partially Closed Meeting Committee Act. The remaining series of businesses to collect classification meetings or portions thereof will be information to update the 1997 A meeting of the Regulations and open to the public. Economic Census mailing lists. Procedures Technical Advisory A copy of the Notice of Determination Accurate and reliable industry and Committee will be held May 13, 1997, geographic codes are critical to the to close meetings or portions of 9 am, in the Herbert C. Hoover Building, meetings of the Committee is available Bureau of the Census statistical Room 3884, 14th Street between programs. New businesses are assigned for public inspection and copying in the Constitution and Pennsylvania Central Reference and Records industry classification by the Social Avenues, NW., Washington, DC. The Security Administration (SSA). Inspection Facility, Room 6020, Committee advises the Office of the Department of Commerce, Washington, However, approximately 22 percent of Assistant Secretary for Export these businesses cannot be assigned DC. For further information, call Lee Administration on implementation of Ann Carpenter at (202) 482–2583. industry codes because insufficient the Export Administration Regulations information is provided on Internal (EAR) and provides for continuing Dated: April 18, 1997. Revenue Service (IRS) Form SS–4. Since review to update the EAR as needed. Lee Ann Carpenter, the 1992 Economic Censuses, the Director, Technical Advisory Committee Unit. number of unclassified businesses has Agenda [FR Doc. 97–10532 Filed 4–22–97; 8:45 am] grown to almost 500,000. Open Session BILLING CODE 3510±DT±M In order to provide detailed manufacturing and mining industry data 1. Opening remarks by the Chairman. reflecting NAICS for the 1997 Economic 2. Presentation of papers or comments DEPARTMENT OF COMMERCE Censuses and the Standard Statistical by the public. Establishment List (SSEL), these 3. Update on Bureau of Export International Trade Administration partially coded manufacturing and Administration initiatives. mining businesses must be assigned 4. Discussion on ‘‘deemed export’’ North American Free-Trade Agreement detailed classification codes. This data rule and case processing. (NAFTA), Article 1904 Binational Panel collection, Form NC–9926, is designed 5. Discussion on the Automated Reviews; Notice of Completion of to obtain detailed classification Export System. Panel Review information for the partially coded 6. Discussion on information sharing AGENCY: NAFTA Secretariat, United single-unit manufacturing and mining and end-use controls. States Section. International Trade businesses including changes from the Closed Session Administration, Department of SIC to NAICS and provide current Commerce. information on their physical locations. 7. Discussion of matters properly Affected Public: Businesses or other classified under Executive Order 12958, ACTION: Notice of Completion of Panel for-profit, Not-for-profit institutions. dealing with the U.S. export control Review. Frequency: Every five years. program and strategic criteria related Respondent’s Obligation: Mandatory. thereto. SUMMARY: On April 14, 1997 the Legal Authority: Title 13 USC, The General Session of the meeting Binational Panel completed its review Sections 131 and 224. will be open to the public and a limited in the matter of Fresh Cut Flowers from OMB Desk Officer: Jerry Coffey, (202) number of seats will be available. To the Mexico, Secretariat File No. USA–95– 395–7314. extent that time permits, members of the 1904–05. Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19737

FOR FURTHER INFORMATION CONTACT: law. Based upon the substantial Corporation, Houston, TX; February 10, James R. Holbein, United States evidence on the record, the Panel 1997, to Chevron U.S.A., New Orleans, Secretary, NAFTA Secretariat, Suite remanded the action with instructions LA; March 7, 1997, to Phillips 2061, 14th and Constitution Avenue, to assign a second-tier rate of 18.20 Petroleum Company, Lafayette, LA, and, Washington, D.C. 20230, (202) 482– percent, which is taken from the on April 16, 1997 to CNG Producing 5438. Department’s original investigation and Company, New Orleans, LA. SUPPLEMENTARY INFORMATION: Chapter takes into account the substantial ADDRESSES: The applications and letters 19 of the North American Free-Trade cooperation provided by the Ranches. are available for review in the following Agreement (‘‘Agreement’’) establishes a The Panel ordered the Department to offices: Office of Protected Resources, mechanism to replace domestic judicial issue a determination on remand NMFS, 1315 East-West Highway, Silver review of final determinations in consistent with the instructions and Spring, MD 20910 and the Southeast antidumping and countervailing duty findings set forth in the Panel’s decision Region, NMFS, 9721 Executive Center cases involving imports from a NAFTA within forty five (45) days of the date of Drive N, St. Petersburg, FL 33702. country with review by independent the Order (not later than January 30, FOR FURTHER INFORMATION CONTACT: binational panels. When a Request for 1997). Kenneth R. Hollingshead, Office of Panel Review is filed, a panel is The determination on remand was Protected Resources, NMFS, (301) 713– established to act in place of national filed on January 29, 1997, No challenges 2055 or Charles Oravetz, Southeast courts to review expeditiously the final were filed by the participants within the Region (813) 570–5312. time provided in the NAFTA Article determination to determine whether it SUPPLEMENTARY INFORMATION: Section conforms with the antidumping or 1904 Panel Rules. On March 3, 1997, the 101(a)(5)(A) of the MMPA (16 U.S.C. countervailing duty law of the country Panel issued an order under Rule 73(5) 1361 et seq.) directs NMFS to allow, on that made the determination. affirming the Determination on Remand request, the incidental, but not Under Article 1904 of the Agreement, and instructed the Secretariat to issue a intentional, taking of small numbers of which came into force on January 1, Notice of Final Panel Action Under Rule marine mammals by U.S. citizens who 1994, the Government of the United 77. The Notice of Final Panel Action engage in a specified activity (other than States, the Government of Canada and was issued on March 14, 1997. No commercial fishing) within a specified the Government of Mexico established Request for an Extraordinary Challenge geographical region, if certain findings Rules of Procedure for Article 1904 was filed within 30 days of the issuance are made and regulations are issued. Binational Panel Reviews (‘‘Rules’’). of the Notice of Final Panel Action. Under the MMPA, the term ‘‘taking’’ These Rules were published in the Therefore, on the basis of the Panel means to harass, hunt, capture, or kill or Federal Register on February 23, 1994 decision and Rule 80 of the NAFTA to attempt to harass, hunt, capture or (59 FR 8686). The panel review in this Article 1904 Panel Rules, the Panel kill marine mammals. matter was conducted in accordance Review was completed and the panelists Permission may be granted for periods with these Rules. were discharged from their duties up to 5 years if NMFS finds, after BACKGROUND INFORMATION: On October effective April 14, 1997. notification and opportunity for public 26, 1995, Rancho El Aguaje, Rancho El Dated: April 17, 1997. comment, that the taking will have a Toro and Rancho Guacatay filed a First James. R. Holbein, negligible impact on the species or Request for Panel Review with the U.S. U.S. Secretary, NAFTA Secretariat. stock(s) of marine mammals and will Section of the NAFTA Secretariat [FR Doc. 97–10443 Filed 4–22–97; 8:45 am] not have an unmitigable adverse impact pursuant to Article 1904 of the North BILLING CODE 3510±GT±M on the availability of the species or American Free Trade Agreement. Panel stock(s) for subsistence uses. In review was requested of the Final addition, NMFS must prescribe Results of Antidumping Duty DEPARTMENT OF COMMERCE regulations that include permissible Administrative Review made by the methods of taking and other means International Trade Administration National Oceanic and Atmospheric effecting the least practicable adverse respecting Fresh Cut Flowers from Administration impact on the species and its habitat, Mexico. This determination was and on the availability of the species for [I.D. 041697A] published in the Federal Register on subsistence uses, paying particular September 26, 1995 (60 FR 49569). The Incidental Take of Marine Mammals; attention to rookeries, mating grounds, request was assigned File No. USA–95– Bottlenose Dolphins and Spotted and areas of similar significance. The 1904–05. Dolphins regulations must include requirements On December 16, 1996 the Binational pertaining to the monitoring and Panel issued its decision in the matter AGENCY: National Marine Fisheries reporting of such taking. Regulations of Fresh Cut Flowers from Mexico, Service (NMFS), National Oceanic and governing the taking of bottlenose and Secretariat File No. USA–95–1904–05. Atmospheric Administration (NOAA), spotted dolphins incidental to oil and The Panel decided that the Department Commerce. gas structure removal activities in the properly determined that the ACTION: Notice of issuance of letters of Gulf of Mexico were published on Complainants provided misleading and authorization. October 12, 1995 (60 FR 53139), and evasive statements concerning their remain in effect until November 13, respective tax statutes and that the SUMMARY: In accordance with the 2000. Department properly invoked Best Marine Mammal Protection Act Information Available given the (MMPA) as amended, and implementing Summary of Request substantial evidence on the record in regulations, notification is hereby given NMFS received requests for letters of this action. However, the first-tier Best that 1-year letters of authorization to authorization on January 8, 1997, from Information Available rate imposed by take bottlenose and spotted dolphins Seneca Resources Corporation; February the Department was not justified by incidental to oil and gas structure 5, 1997, from Chevron, U.S.A.; March 6, substantial evidence on the record and removal activities were issued on 1997, from Phillips Petroleum was not otherwise in accordance with January 14, 1997, to Seneca Resources Company; and March 26, 1997, from 19738 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

CNG Producing Company. These letters The letter to the Commissioner of COMMITTEE FOR THE requested a take by harassment of a Customs and the actions taken pursuant IMPLEMENTATION OF TEXTILE small number of bottlenose and spotted to it are not designed to implement all AGREEMENTS dolphins incidental to the described of the provisions of the Uruguay Round activity. Issuance of these letters of Agreements Act and the Uruguay Round Import Charges for Certain Cotton, authorization are based on a finding that Agreement on Textiles and Clothing, but Wool and Man-Made Fiber Textile the total takings will have a negligible are designed to assist only in the Products Produced or Manufactured in impact on the bottlenose and spotted implementation of certain of their Korea dolphin stocks of the Gulf of Mexico. provisions. April 16, 1997. Dated: April 17, 1997. Troy H. Cribb, Hilda Diaz-Soltero, AGENCY: Committee for the Chairman, Committee for the Implementation Implementation of Textile Agreements Acting Director, Office of Protected Resources, of Textile Agreements. National Marine Fisheries Service. (CITA). Committee for the Implementation of Textile [FR Doc. 97–10538 Filed 4–22–97; 8:45 am] Agreements ACTION: Issuing a directive to the BILLING CODE 3510±22±F Commissioner of Customs charging April 16, 1997. imports to Group II. Commissioner of Customs, Department of the Treasury, Washington, DC COMMITTEE FOR THE EFFECTIVE DATE: April 23, 1997. IMPLEMENTATION OF TEXTILE 20229. AGREEMENTS Dear Commissioner: This directive FOR FURTHER INFORMATION CONTACT: Ross amends, but does not cancel, the directive Arnold, International Trade Specialist, Increases in Guaranteed Access issued to you on December 6, 1996, by the Office of Textiles and Apparel, U.S. Levels for Certain Cotton, Wool and Chairman, Committee for the Implementation Department of Commerce, (202) 482– Man-Made Fiber Textile Products of Textile Agreements. That directive 4212. Produced or Manufactured in the concerns imports of certain cotton, wool and Dominican Republic man-made fiber textile products, produced or SUPPLEMENTARY INFORMATION: manufactured in the Dominican Republic Authority: Executive Order 11651 of March April 16, 1997. and exported during the twelve-month 3, 1972, as amended; section 204 of the AGENCY: Committee for the period which began on January 1, 1997 and Agricultural Act of 1956, as amended (7 Implementation of Textile Agreements extends through December 31, 1997. U.S.C. 1854); Uruguay Round Agreements (CITA). Effective on April 23, 1997, you are Act. ACTION: Issuing a directive to the directed to increase the Guaranteed Access Commissioner of Customs increasing Levels (GALS) for the following categories, as A Memorandum of Understanding guaranteed access levels. provided for under the Uruguay Agreements (MOU) between the Governments of the Act and the Uruguay Round Agreement on United States and the Republic of Korea EFFECTIVE DATE: April 23, 1997. Textiles and Clothing: was signed on March 21, 1997. As part FOR FURTHER INFORMATION CONTACT: of that MOU, the two governments Naomi Freeman, International Trade Category Guaranteed Access agreed that charges in the amount of Specialist, Office of Textiles and Level 58,558,418 square meters equivalent Apparel, U.S. Department of Commerce, would be made to the Group II limit for (202) 482–4212. For information on the 338/638 ...... 2,150,000 dozen. textile products, produced or quota status of these levels, refer to the 339/639 ...... 2,150,000 dozen. manufactured in Korea and exported 433 ...... 61,000 dozen. Quota Status Reports posted on the during the period January 1, 1997 443 ...... 110,000 numbers. bulletin boards of each Customs port or through December 31, 1997. 633 ...... 120,000 dozen call (202) 927–5850. For information on In the letter published below, the embargoes and quota re-openings, call Chairman of CITA directs the (202) 482–3715. The limits for the foregoing categories remain unchanged. Commissioner of Customs to charge the SUPPLEMENTARY INFORMATION: The Committee for the Implementation of aforementioned amount to the 1997 Authority: Executive Order 11651 of March Textile Agreements has determined that Group II limit. 3, 1972, as amended; section 204 of the these actions fall within the foreign affairs A description of the textile and Agricultural Act of 1956, as amended (7 exception of the rulemaking provisions of 5 apparel categories in terms of HTS U.S.C. 1854); Uruguay Round Agreements U.S.C. 553(a)(1). Act. numbers is available in the Sincerely, CORRELATION: Textile and Apparel Upon the request of the Government Troy H. Cribb, Categories with the Harmonized Tariff of the Dominican Republic, the U.S. Chairman, Committee for the Implementation Schedule of the United States (see Government has agreed to increase the of Textile Agreements. Federal Register notice 61 FR 66263, current Guaranteed Access Levels [FR Doc. 97–10419 Filed 4–22–97; 8:45 am] published on December 17, 1996). Also (GALS) for certain categories. A description of the textile and BILLING CODE 3510±DR±F see 610 FR 59087, published on apparel categories in terms of HTS November 20, 1996. numbers is available in the The letter to the Commissioner of CORRELATION: Textile and Apparel Customs and the actions taken pursuant Categories with the Harmonized Tariff to it are not designed to implement all Schedule of the United States (see of the provisions of the Uruguay Round Federal Register notice 62 FR 66263, Agreements Act, the Uruguay Round published on December 17, 1996). Also Agreement on Textiles and Clothing and see 61 FR 65375, published on the March 21, 1997 MOU, but are December 12, 1996. designed to assist only in the Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19739 implementation of certain of their U.S.C. 1854); Uruguay Round Agreements Sincerely, provisions. Act. Troy H. Cribb, Troy H. Cribb, The current limits for certain Chairman, Committee for the Implementation Chairman, Committee for the Implementation categories are being increased, of Textile Agreements. of Textile Agreements. variously, for swing, special shift, [FR Doc. 97–10421 Filed 4–22–97; 8:45 am] Committee for the Implementation of Textile carryforward, special carryforward, and BILLING CODE 3510±DR±F Agreements recrediting of unused special April 16, 1997. carryforward and allowance for COMMITTEE FOR THE Commissioner of Customs, handloomed products. Reductions to Department of the Treasury, Washington, DC account for swing and special shift are IMPLEMENTATION OF TEXTILE 20229. being made in a separate directive. AGREEMENTS A description of the textile and Dear Commissioner: To facilitate Request for Public Comments on U.S. implementation of the Uruguay Round apparel categories in terms of HTS Agreements Act, the Uruguay Round numbers is available in the Proposal to Consult With Mexico and Agreement on Textiles and Clothing and the CORRELATION: Textile and Apparel Canada Concerning Short Supply of Memorandum of Understanding dated March Categories with the Harmonized Tariff Rayon Filament Yarn 21, 1997, between the Governments of the Schedule of the United States (see United States and the Republic of Korea, I Federal Register notice 61 FR 66263, April 16, 1997. request that, effective on April 23, 1997, you published on December 17, 1996). Also AGENCY: Committee for the charge 58,558,418 square meters equivalent see 61 FR 68246, published on Implementation of Textile Agreements to the limit established in the directive dated (CITA). November 14, 1996 for textile products in December 27, 1996. ACTION: Request for public comments Group II, produced or manufactured in Korea The letter to the Commissioner of and exported during the period which began Customs and the actions taken pursuant concerning consultations on rayon on January 1, 1997 and extends through to it are not designed to implement all filament yarn. December 31, 1997. of the provisions of the Uruguay Round This letter will be published in the Federal Agreements Act and the Uruguay Round FOR FURTHER INFORMATION CONTACT: Lori Register. Agreement on Textiles and Clothing, but Mennitt, International Trade Specialist, Sincerely, are designed to assist only in the Office of Textiles and Apparel, U.S. Troy H. Cribb, implementation of certain of their Department of Commerce, (202) 482– Chairman, Committee for the Implementation provisions. 3400. of Textile Agreements. Troy H. Cribb, SUPPLEMENTARY INFORMATION: [FR Doc. 97–10420 Filed 4–22–97; 8:45 am] Chairman, Committee for the Implementation Authority: Executive Order 11651 of March BILLING CODE 3510±DR±F of Textile Agreements. 3, 1972, as amended; section 204 of the Committee for the Implementation of Textile Agricultural Act of 1956, as amended (7 Agreements U.S.C. 1854). COMMITTEE FOR THE April 16, 1997. IMPLEMENTATION OF TEXTILE The purpose of this notice is to advise AGREEMENTS Commissioner of Customs, the public that the U.S. Government Department of the Treasury, Washington, DC intends to request consultations with Adjustment of Import Limits for Certain 20229. Mexico and Canada under Section 7 (2) Cotton, Man-Made Fiber, Silk Blend Dear Commissioner: This directive of Annex 300–B of the North America and Other Vegetable Fiber Textile amends, but does not cancel, the directive Free Trade Agreement (NAFTA) for the issued to you on December 20, 1996, by the purpose of amending the rules of origin Products Produced or Manufactured in Chairman, Committee for the Implementation Sri Lanka of Textile Agreements. That directive for Harmonized Tariff Schedule (HTS) concerns imports of certain cotton, wool, subheading 5801.35 to allow non-North April 16, 1997. man-made fiber, silk blend and other American imports classified in AGENCY: Committee for the vegetable fiber textiles and textile products, Harmonized Tariff Schedule Implementation of Textile Agreements produced or manufactured in Sri Lanka and subheadings 5403.31 and 5403.32. The (CITA). exported during the period which began on consultations will focus on a short ACTION: Issuing a directive to the January 1, 1997 and extends through supply request under NAFTA for rayon Commissioner of Customs increasing December 31, 1997. filament yarn in HTS subheadings Effective on April 23, 1997, you are limits. directed to increase the limits for the 5403.31 and 5403.32 following categories, as provided for under There will be a 30-day comment EFFECTIVE DATE: April 23, 1997. the Uruguay Round Agreements Act and the period beginning on April 23, 1997 and FOR FURTHER INFORMATION CONTACT: Uruguay Round Agreement on Textiles and extending through May 23, 1997. Helen L. LeGrande, International Trade Clothing: Anyone wishing to comment or provide Specialist, Office of Textiles and data or information regarding domestic Apparel, U.S. Department of Commerce, Category Adjusted twelve-month production or availability of products limit 1 (202) 482–4212. For information on the included in HTS subheadings 5403.31 quota status of these limits, refer to the 336/636/836 368,220 dozen. and 5403.32 is invited to submit 10 Quota Status Reports posted on the 347/348/847 1,673,553 dozen. copies of such comments or information bulletin boards of each Customs port or to Troy H. Cribb, Chairman, Committee call (202) 927–5850. For information on 1 The limits have not been adjusted to ac- count for any imports exported after December for the Implementation of Textile embargoes and quota re-openings, call 31, 1996. Agreements, U.S. Department of (202) 482–3715. Commerce, Washington, DC 20230; The Committee for the Implementation of SUPPLEMENTARY INFORMATION: Textile Agreements has determined that ATTN: Helen L. LeGrande. Authority: Executive Order 11651 of March these actions fall within the foreign affairs Comments or information submitted 3, 1972, as amended; section 204 of the exception to the rulemaking provisions of 5 in response to this notice will be Agricultural Act of 1956, as amended (7 U.S.C.553(a)(1). available for public inspection in the 19740 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Office of Textiles and Apparel, room Evaluate whether the proposed Title: Member Exit Form and the H3100, U.S. Department of Commerce, collection of information is necessary National Service Trust End of Term 14th and Constitution Avenue, NW., for the proper performance of the Form. Washington, DC. functions of the Corporation, including OMB Number: 3045–0015/3045–0009. Further comments may be invited whether the information will have Agency Number: NA. regarding particular comments or practical utility; Affected Public: Persons exiting information received from the public Evaluate the accuracy of the agency’s AmeriCorps and their supervisors. which the Committee for the estimate of the burden of the proposed Total Respondents: 21,000. Implementation of Textile Agreements collection of information, including the Frequency: Once. considers appropriate for further validity of the methodology and Average Time Per Response: 12 consideration. assumptions used; minutes. The solicitation of comments is not a Enhance the quality, utility and Estimated Total Burden Hours: 4,200 waiver in any respect of the exemption clarity of the information to be hours. contained in 5 U.S.C. 553(a)(1) relating collected; and Total Burden Cost (capital/startup): to matters which constitute ‘‘a foreign Minimize the burden of the collection $0. Total Burden Cost (operating/ affairs function of the United States.’’ of information on those who are to maintenance): $0. A description of the textile and respond, including through the use of Description: The Corporation for apparel categories in terms of HTS appropriate automated, electronic, National and Community Service numbers is available in the mechanical, or other technological proposes the revision of the Member CORRELATION: Textile and Apparel collection techniques or other forms of Exit Form (OMB 3045–0015) which is Categories with the Harmonized Tariff information technology, e.g., permitting being revised to incorporate elements Schedule of the United States (see electronic submissions of responses. from the National Service Trust End of Federal Register notice 61 FR 66263, Type of Review: Revision. Term Form (OMB 3045–0009) in an published on December 17, 1996). Agency: Corporation for National and effort to reduce burden and facilitate Community Service. Troy H. Cribb, data collection. After its revision, the Title: Participant Enrollment Form Chairman, Committee for the Implementation form will be called the National Service and National Service Trust Enrollment of Textile Agreements. Member Exit Form and it will eliminate Form. [FR Doc. 97–10422 Filed 4–22–97; 8:45 am] the need to distribute the National OMB Number: 3200–0018/3045–0006. BILLING CODE 3510±DR±F Service Trust End of Term Form. The Agency Number: NA. Member Exit Form is one of the only Affected Public: Persons enrolling in two direct sources of information that AmeriCorps and their supervisors. the Corporation collects from its CORPORATION FOR NATIONAL AND Total Respondents: 21,000. members. The purpose of the National COMMUNITY SERVICE Frequency: Once. Service Member Exit Form is to function Average Time Per Response: 7 Submission for OMB Review; as a legal certification that a Member minutes. Comment Request has satisfied the requirements to qualify Estimated Total Burden Hours: 2,450 for an educational award. The National hours. April 17, 1997. Service Member Exit Form certifies that Total Burden Cost (capital/startup): SUMMARY: The Corporation for National the Member has qualified for the $0. and Community Service (CNCS), has educational award. submitted the following public Total Burden Cost (operating/ information requests (ICRs) to the Office maintenance): $0. Dated: April 17, 1997. of Management and Budget (OMB) for Description: The Corporation for Lance Potter, review and approval in accordance with National and Community Service Director, Office of Evaluation. the Paper Reduction Act of 1995, Pub. proposes the revision of the Participant [FR Doc. 97–10475 Filed 4–22–97; 8:45 am] L. 104–13, (44 USC Chapter 35). Copies Enrollment Form (OMB 3200–0018) BILLING CODE 6050±28±M of these individual ICRs, with which is being revised to incorporate applicable supporting documentation, elements from the National Service may be obtained by calling the Trust Enrollment form OMB 3045–0006) CORPORATION FOR NATIONAL AND Corporation for National Service, Lance in an effort to reduce burden and COMMUNITY SERVICE Potter, (202) 606–5000, Extension 448. facilitate data collection. After its Individuals who use a revision, the form will be called the National Civilian Community Corps telecommunications device for the deaf National Service Enrollment Form, and (NCCC) Campus Locations (TTY/TDD) may call (202) 565–2799 it will eliminate the need to distribute AGENCY: Corporation for National and between the hours of 9:00 a.m. and 5:00 the National Service Trust Enrollment Community Service. Form. The Participant Enrollment Form p.m. Eastern time, Monday through ACTION: Request for Proposals. Friday. is one of the only two direct sources of Comments should be sent to the information that the Corporation SUMMARY: The NCCC, a program of the Office of Information and Regulatory collects from its members. The purpose Corporation for National and Affairs, Attn: OMB Desk Officer for the of the National Trust Enrollment Form Community Service (Corporation), is Corporation for National Community is to function as a legal certification that searching for future Campus locations to Service, Office of Management and a Member has satisfied the requirements house Corps Members and provide Budget, Room 10235, Washington, DC to qualify for an educational award, and working space for related staff. 20503, (202) 395–7316, within 30 days the form reserves an educational award Organizations interested in improving from the date of this publication in the in the National Service Trust. their community and assisting others by Federal Register. Type of Review: Revision. providing facilities for this volunteer The OMB is particularly interested in Agency: Corporation for National and national service corps, are encouraged comments which: Community Service. to submit proposals. Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19741

DATES: Proposals for future NCCC Dated: April 14, 1997. SUMMARY: The proposed action Campus sites must be received no later Fred Peters, evaluated by this FEIS is the disposal of than 3:00 p.m. Eastern Standard Time Acting Director, National Civilian Community Vint Hill Farms Station, Warrenton, VA, on May 15, 1997. Corps. in accordance with the Defense Base [FR Doc. 97–10434 Filed 4–22–97; 8:45 am] Closure and Realignment Act of 1990, ADDRESSES: All proposals must be BILLING CODE 6050±28±P Pub. L. 101–510, as amended. The FEIS addressed to Lew Heffner, National addresses the environmental Civilian Community Corps, Corporation consequences of the disposal and for National and Community Service, DEPARTMENT OF DEFENSE subsequent reuse of the 701 acres. Three 1201 New York Avenue NW, 9th Floor, alternative methods of disposal are Washington, DC 20525. Office of the Secretary analyzed: Encumbered Disposal, FOR FURTHER INFORMATION CONTACT: Lew Unencumbered Disposal and retention Heffner by phone at (202) 606–5000 Defense Science Board Task Force of the property in a caretaker status (i.e., ext.151 or by facsimile at (202) 565– Advanced Modeling and Simulation for the No Action Alternative). The 2791. Analyzing Combat Concepts in the Encumbered Disposal Alternative 21st Century addresses transfer of property with SUPPLEMENTARY INFORMATION: NCCC is certain constraints on future use as a part of AmeriCorps, the network of ACTION: Notice of Advisory Committee Meetings. condition of disposal. The national service programs that provide Unencumbered Disposal Alternative opportunities for full-time service in SUMMARY: The Defense Science Board involves removing existing constraints exchange for education awards. In Task Force on Advanced Modeling and to allow for property disposal with AmeriCorps*NCCC, a ten month Simulation for Analyzing Combat fewer or no constraints to allow for residential program, Corps Members Concepts in the 21st Century will meet property disposal with fewer or no serve on teams consisting of ten to in closed session on May 5–6, 1997 at Army imposed restrictions on future fifteen members to meet the critical Boeing Defense Space Group, Kent, use. The impacts of reuse are evaluated unmet needs of urban and rural Washington. in terms of land use intensities. communities. Corps Members live in The mission of the Defense Science DATES: The public review period for this dormitory-style residences at one of five Board is to advise the Secretary of document ends 30 days after the date of campuses, currently located in Defense through the Under Secretary of publication of the Environmental Charleston, SC; San Diego, CA; Denver, Defense for Acquisition and Technology Protection Agency’s Notice of CO; Perry Point, MD; and Washington, on scientific and technical matters as Availability in the Federal Register. DC. they affect the perceived needs of the ADDRESSES: Copies of the FEIS will be Main Campus Requirements— Department of Defense. At this meeting the Task Force will address modeling available for review at Fauquier County Successful proposals will have the Public Library in Warrenton, Bealeton following criteria: and simulation capabilities required for analyzing concepts for 21st century Branch Library in Bealeton, and Prince (1) Facilities—(a) adequate housing military combat operations. These William County Center Library in for up to 300 Corps Members, (b) office capabilities should encompass the Manassas. Copies of the FEIS may also space for 35, (c) dedicated or shared breadth of warfare from strategic to be obtained by writing to Dr. Susan classrooms, (d) preferably use of dining individuals fighting afoot for all phases Rees, U.S. Army Corps of Engineers, facility as a tenant and share cost, (e) of military operations (Air, Land, Sea, Mobile District, Attn: CESAM–PD–EC, periodic use of a lecture hall large Information, Communications). 109 St. Joseph Street, P.O. Box 2288, enough to accommodate Corps Members In accordance with Section 10(d) of Mobile, AL 36628–0001 or by telephone and staff. the Federal Advisory Committee Act, at (334) 694–4141 or telefax (334) 690– (2) Location—(a) be within an hour of P.L. No. 92–463, as amended (5 U.S.C. 2424. a metropolis of 200,000 people or more, App. II, (1994)), it has been determined Dated: April 1, 1997. and (b) preferably be close to sources of that this DSB Task Force meeting Raymond J. Fatz, transportation (rail, air). concerns matters listed in 5 U.S.C. Deputy Assistant Secretary of the Army, (3) Costs—(a) the Corporation will pay § 552b(c)(1) (1994), and that accordingly (Environment, Safety and Occupational reasonable utility fees. this meeting will be closed to the Health), OASA (I, L&E). public. [FR Doc. 97–10533 Filed 4–22–97; 8:45 am] Smaller Campus Requirements— Dated: April 17, 1997. BILLING CODE 3710±08±M Successful proposals will have the L.M. Bynum, following criteria: Alternate OSD Federal Register, Liaison (1) Facilities—(a) sufficient housing Officer, Department of Defense. for 80 to 100 Corps Members, (b) office [FR Doc. 97–10486 Filed 4–22–97; 8:45 am] DEPARTMENT OF EDUCATION space for a staff of 7, (c) dedicated or BILLING CODE 5000±04±M shared classrooms, (d) preferably use of [CFDA No. 84.163B] dining facility as a tenant and share cost, (e) periodic use of a lecture hall DEPARTMENT OF DEFENSE Library Services for Indian Tribes and large enough to accommodate Corps Hawaiian Natives ProgramÐSpecial Members and staff. Department of the Army Projects Grants; Notice Inviting Applications for New Awards for Fiscal (2) Location—(a) be within an hour of Final Environmental Impact Statement Year (FY) 1997 a metropolis of 200,000 people or more, (FEIS) on the Disposal and Reuse of and (b) preferably be close to sources of Vint Hill Farms Station, Warrenton, VA Purpose of Program: The Library transportation (rail, air). AGENCY: Department of the Army, DoD. Services for Indian Tribes and Hawaiian (3) Costs—(a) the Corporation will pay Natives Program (Special Projects ACTION: Notice of availability. reasonable utility fees. Grants) provides federal financial 19742 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices assistance to eligible Indian tribes to Invitational Priority 2—To train or ACTION: Notice. establish or improve public library retrain Indians as library personnel. services. For FY 1997 the competition Invitational Priority 3—To utilize new SUMMARY: Today’s notice grants an for new awards focuses on projects information technologies to expand Interim Waiver to Fireplace designed to meet the invitational services to Indians in geographically Manufacturers Incorporated from the priorities in the ‘‘Priorities’’ section of isolated areas. Department of Energy (Department) test Invitational Priority 4—To conduct this notice. procedure for vented home heating Eligible Applicants: Indian Tribes and special library programs for Indians equipment. The Interim Waiver Alaska Native villages or regional or such as summer reading programs for concerns pilot light energy consumption village corporations that have met children, outreach programs for elders, eligibility requirements for the Library literacy tutoring, and training in for Fireplace Manufacturers Services for Indian Tribes Program computer use. Incorporated’s (Fireplace) models (Basic Grants (CFDA 84.163A)) and FOR APPLICATIONS OR DVF30, DVF36, DVF42, DVF36PNL, received a Basic Grant in the same fiscal INFORMATION CONTACT: Kathy GW30, and GW30P vented heaters. year as the year of application. Price, U.S. Department of Education, Today’s notice also publishes a Deadline for Transmittal of 555 New Jersey Ave. N.W., Room 300, ‘‘Petition for Waiver’’ from Fireplace. Applications: June 9, 1997. Washington, DC 20208–5571. Fireplace’s Petition for Waiver requests Applications Available: April 24, Telephone: (202) 219–1670. E-mail: the Department to grant relief from the l 1997. kathy [email protected] Department of Energy vented home Estimated Available Funds: $966,518. Individuals who use a heating equipment test procedure All available funds for library services telecommunications device for the deaf relating to the use of pilot light energy for Hawaiian natives are awarded (TDD) may call the Federal Information consumption in calculating the Annual through the Library Services for Indian Relay Service (FIRS) at 1–800–877–8339 Fuel Utilization Efficiency (AFUE). Tribes and Hawaiian Natives Program between 8 a.m. and 8 p.m., Eastern time, (Basic Grants (CFDA 84.163A)). Monday through Friday. Specifically, Fireplace seeks to delete Estimated Average Range of Awards: Information about the Department’s the required pilot light measurement $38,000–$100,000. funding opportunities, including copies (Qp) in the calculation of AFUE when Estimated Average Size of Awards: of application notices for discretionary the pilot is off. The Department solicits $80,000. grant competitions, can be viewed on comments, data, and information Estimated Number of Awards: 12. the Department’s electronic bulletin respecting the Petition for Waiver. board (ED Board), telephone (202) 260– Note: The Department is not bound by any DATES: The Department will accept 9950; on the Internet Gopher Server (at estimates in this notice. comments, data, and information not gopher://gcs.ed.gov); or on the World later than May 23, 1997. Maximum Award: In no case does the Wide Web (at http://gcs.ed.gov). Secretary make an award greater than However, the official application notice ADDRESSES: Written comments and $100,000 for a single budget period of for a discretionary grant competition is 12 months. The Secretary does not statements shall be sent to: Department the notice published in the Federal of Energy, Office of Energy Efficiency consider an application that proposes a Register. budget exceeding this maximum and Renewable Energy, Case No. DH– amount. Authority: 20 U.S.C. 351c(c) (2), 361(d), 011, Mail Stop EE–43, Room 1J–018, Project Period: 12 months. 364. Forrestal Building, 1000 Independence Applicable Regulations: (a) The Dated: April 18, 1997. Avenue, SW., Washington, DC 20585– Education Department General Ramon C. Cortines, 0121. Telephone: (202) 586–7140, Fax: Administrative Regulations (EDGAR) in Acting Assistant Secretary for Educational (202) 586–4617. 34 CFR Parts 75, 77, 80, 81, 82 and 85; Research and Improvement. FOR FURTHER INFORMATION CONTACT: Mr. and (b) The regulations in 34 CFR Part [FR Doc. 97–10528 Filed 4–22–97; 8:45 am] Bill Hui, U.S. Department of Energy, 700. BILLING CODE 4000±01±P Selection Criteria: The Secretary Office of Energy Efficiency and selects from the criteria in 34 CFR Renewable Energy, Mail Stop EE–43, Forrestal Building, 1000 Independence 700.30(e) to evaluate applications for DEPARTMENT OF ENERGY new grants under this competition. Avenue, SW, Washington, DC, 20585– Under 34 CFR 700.30(a), the Secretary Office of Energy Efficiency and 0121. Telephone: (202) 586–9145, Fax: announces in the application package Renewable Energy (202) 586–4617, E-Mail: the evaluation criteria selected for this [email protected] or; [Case No. DH±011] competition and the maximum weight Mr. Eugene Margolis, U.S. Department assigned to each criterion. Energy Conservation Program for of Energy, Office of General Counsel, Priorities: The Secretary is Consumer Products: Granting of the Mail Stop GC–72, Forrestal Building, particularly interested in applications Application for Interim Waiver and 1000 Independence Avenue, SW, that meet one or more of the invitational Publishing of the Petition for Waiver of Washington, DC, 20585–0103. priorities in the next four paragraphs. Fireplace Manufacturers Incorporated Telephone: (202) 586–9507, Fax: (202) However, an application that meets one From the Department of Energy Vented 586–4116, E-Mail: or more of these invitational priorities Home Heating Equipment Test [email protected]. does not receive competitive or absolute Procedure preference over other applications (34 CFR 75.105(c)(1)). AGENCY: Office of Energy Efficiency and Invitational Priority 1—To assess and Renewable Energy, Department of plan for tribal library needs. Energy. Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19743

SUPPLEMENTARY INFORMATION: The Waiver, whichever is sooner, and may Therefore, based on the above, the Energy Conservation Program for be extended for an additional 180 days, Department is granting Fireplace an Consumer Products (other than if necessary. Interim Waiver for its models DVF30, automobiles) was established pursuant On December 31, 1996, Fireplace filed DVF36, DVF42, DVF36PNL, GW30, and to the Energy Policy and Conservation an Application for Interim Waiver and GW30P vented heaters. Fireplace shall Act, as amended, (EPCA) which requires a Petition for Waiver regarding pilot be permitted to test these models of its the Department to prescribe light energy consumption. vented heaters on the basis of the test standardized test procedures to measure Fireplace seeks an Interim Waiver procedures specified in Title 10 CFR the energy consumption of certain from the Department test provisions in Part 430, Subpart B, Appendix O, with consumer products, including vented section 3.5 of Title 10 CFR Part 430, the following modifications: home heating equipment. The intent of Subpart B, Appendix O, which requires (i) Delete paragraph 3.5 of Appendix the test procedures is to provide a measurement of energy input rate of the O. comparable measure of energy pilot light (QP), and in section 4.2.6, consumption that will assist consumers (ii) Delete paragraph 4.2.6 of which requires the use of this data for Appendix O and replace with the in making informed purchasing the calculation of AFUE, where: decisions, and will determine whether a following paragraph: AFUE=[4400ηSSηuQin-max] product complies with the applicable 4.2.6 Annual Fuel Utilization /[4400ηSSQin-max+2.5(4600)ηuQp] energy conservation standard. These test Efficiency. For manually controlled procedures appear at Title 10 CFR Part Instead, Fireplace requests that it be vented heaters, calculate the Annual 430, Subpart B. allowed to delete QP and accordingly, Fuel Utilization Efficiency (AFUE) as a the [2.5(4600)ηuQP] term in the The Department amended the test percent and defined as: calculation of AFUE. Fireplace states η procedure rules to provide for a waiver that instructions to turn off the transient AFUE= u process by adding § 430.27 to Title 10 pilot by the user when the heater is not where ηu is defined in section 4.2.5 of CFR Part 430. 45 FR 64108, September in use are in the User Instruction 26, 1980. Subsequently, the Department this appendix. Manual and on a label adjacent to the amended the waiver process to allow (iii) With the exception of the gas control valve. Since the current the Assistant Secretary for Energy modification set forth above, Fireplace Department of Energy test procedure Efficiency and Renewable Energy Manufacturers Incorporated shall does not address pilot light energy (Assistant Secretary) to grant an Interim comply in all respects with the savings, and since others have received Waiver from test procedure procedures specified in Appendix O of the same waiver under the same requirements to manufacturers that have Title 10 CFR Part 430, Subpart B. circumstances, Fireplace asks that the petitioned the Department for a waiver Interim Waiver be granted. This Interim Waiver is based upon the of such prescribed test procedures. Title presumed validity of all statements and Previous Petitions for Waiver to 10 CFR Part 430, § 430.27(a)(2). allegations submitted by the company. exclude the pilot light energy input term The waiver process allows the This Interim Waiver may be revoked or in the calculation of AFUE for vented Assistant Secretary to waive temporarily modified at any time upon a heaters with a manual transient pilot test procedures for a particular basic determination that the factual basis control have been granted by the model when a petitioner shows that the underlying the Application is incorrect. basic model contains one or more Department to Appalachian Stove and This Interim Waiver is effective on the design characteristics which prevent Fabricators, Inc., 56 FR 51711, October date of issuance by the Assistant testing according to the prescribed test 15, 1991; Valor Incorporated, 56 FR Secretary for the Office of Energy procedures, or when the prescribed test 51714, October 15, 1991; CFM Efficiency and Renewable Energy. The procedures may evaluate the basic International Inc., 61 FR 17287, April Interim Waiver shall remain in effect for model in a manner so unrepresentative 19, 1996; Vermont Castings, Inc., 61 FR a period of 180 days or until the of its true energy consumption as to 17290, April 19, 1996; Superior Department acts on the Petition for provide materially inaccurate Fireplace Company, 61 FR 17885, April Waiver, whichever is sooner, and may comparative data. Waivers generally 23, 1996; Vermont Castings, Inc., 61 FR remain in effect until final test 57857, November 8, 1996; HEAT–N– be extended for an additional 180-day procedure amendments become GLO Fireplace Products, Inc., 61 FR period, if necessary. effective, resolving the problem that is 64519, December 5, 1996; CFM Majestic Fireplace’s Petition for Waiver the subject of the waiver. Inc., 62 FR 10547, March 7, 1997; requests the Department to grant relief An Interim Waiver will be granted if Hunter Energy and Technology Inc., 62 from the portion of the Department of it is determined that the applicant will FR 14408, March 26, 1997; and Wolf Energy test procedure for vented home experience economic hardship if the Steel Ltd., 62 FR 14409, March 26, 1997. heating equipment that relates to Application for Interim Waiver is Thus, it appears likely that Fireplace’s measurement of energy consumption by denied, if it appears likely that the Petition for Waiver concerning pilot the pilot light. Specifically, Fireplace Petition for Waiver will be granted, and/ light energy consumption for vented seeks to exclude the pilot light energy or the Assistant Secretary determines heaters will be granted. In those consumption from the calculation of that it would be desirable for public instances where the likely success of the AFUE. Pursuant to paragraph (b) of Title policy reasons to grant immediate relief Petition for Waiver has been 10 CFR Part 430.27, the Department is pending a determination on the Petition demonstrated based upon the hereby publishing the ‘‘Petition for for Waiver. Title 10 CFR Part 430, Department having granted a waiver for Waiver.’’ in its entirety. The petition § 430.27(g). An Interim Waiver remains a similar product design, it is in the contains no confidential information. in effect for a period of 180 days, or public interest to have similar products The Department solicits comments, until the Department issues a tested and rated for energy consumption data, and information respecting the determination on the Petition for on a comparable basis. Petition. 19744 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Issued in Washington, DC, on April 17, Sincerely, Texas Eastern’s Brookhaven M&R; the 1997. Garrick D. Augustus, pipeline taps for the Hershey Mills Christine A. Ervin, Manufacturing Engineer. M&R; the pipeline taps for the Hershey Assistant Secretary, Energy Efficiency and Mills M&R and associated appurtenant Renewable Energy. [FR Doc. 97–10494 Filed 4–22–97; 8:45 am] facilities; the pipeline tap and BILLING CODE 6450±01±P Fireplace Manufacturers Incorporated associated piping for tapping the existing Planebrook M&R in the line No. 2701 South Harbor Blvd., Santa Ana, 1–A; and two additional pipeline taps to California 92704, (714) 549–7782, Fax No. DEPARTMENT OF ENERGY (714) 549–4723 be reserved for PECO’s future use. It is stated that PECO will directly reimburse December 31, 1996. Federal Energy Regulatory Commission Texas Eastern for 100 percent of the The Honorable Christine Ervin, costs and expenses Texas Eastern will Assistant Secretary for Conservation and [Docket Nos. RP96±265±000, et al., and incur to install such taps. In addition, Renewable Energy, United States CP97±276±000] Department of Energy, Forrestal Texas Eastern states that it will tap Line No. 1–H, which is parallel to and on Building, 1000 Independence Avenue, PECO Energy Company v. Texas S.W., Washington, D.C. 20585 common rights-of way with Line No. 1– Eastern Transmission Corporation, A., at the proposed Hershey Mills M&R, Subject: Petition for Waiver to Title 10 Code and Texas Eastern Transmission of Federal Regulations § 430.27 and tap Line No. 1–A at the existing Corporation; Notice Joint Stipulation Planebrook M&R. Dear Secretary Ervin: This Petition for and Agreement Waiver from test procedures appearing in 10 Pursuant to the Settlement, PECO will CFR § 430.27 subpart B, Appendix O— April 17, 1997. construct and maintain the measurement and regulation facilities, Uniform Test Method for Measuring the Take notice that on March 4, 1997, as Energy Consumption of Vented Home EGM, and connecting pipe at the supplemented on April 2 and 15, 1997, Heating Equipment. The sections for which Hershey Mills M&R. this waiver is requested are detailed in Texas Eastern Transmission Corporation Commission authorization is section 3.5—Pilot Light Measurement; and (Texas Eastern), 5400 Westheimer Court, requested for PECO to shift 15,000 section 4.2.6—Annual Fuel Utilization Houston, Texas 77056–5310, PECO Dth/d of its firm entitlements on Texas Efficiency (AFUE). The sections require the Energy Company (PECO) and Mobil Oil Eastern from M&R 70035 to the Hershey measurement of energy input to the pilot Corporation (Mobil), collectively light and the inclusion of this data in the Mills M&R and/or Brookhaven M&R. referred to as (Parties), filed a Joint Pursuant to the construction of calculation of the AFUE for the appliance Stipulation and Agreement (Settlement) even when the pilot light is turned off and facilities and the terms of the not consuming any energy. in the captioned proceedings, all as Settlement, Texas Eastern would deliver We are requesting this Waiver for our more fully set forth in the Settlement, on a firm basis up to 120,000 Dth/d for appliance models: DVF30, DVF36, DVF42; which is on file with the Commission PECO and 8,000 Dth/d for Mobil. Texas DVF36PNL; GW30 and GW30P room heater and open to public inspection. Eastern states that it will deliver PECO’s models respectively, using a millivolt The Parties states that the Settlement gas quantities from the interconnection controlled ignition system. resolves all issues related to PECO’s of Texas Eastern’s mainline system with The above mentioned room heaters, are complaint proceeding filed against Line No. 1–A at Eagle to PECO at the certified to use either natural, or liquefied Texas Eastern in Docket No. CP96–265– propane gases, respectively. proposed Brookhaven M&R and/or The combination of gas control valves used 000, wherein PECO requested that the Hershey Mills M&R, and/or Texas on these appliances can be manually turned Commission require Texas Eastern to Eastern’s existing Planebrook M&R. off when the heater is not in use. In the provide certain additional lateral Texas Eastern states that it will ‘‘OFF’’ position, both the main burner and capacity to PECO on Texas Eastern’s transport and deliver Mobil’s gas the pilot burner are extinguished. When the Line No. 1–A. The parties state that they quantities from the interconnection of gas control knob is set to the ‘‘ON’’ position, have reached a mutually beneficial, Texas Eastern’s mainline with the the main burner and the pilot light are negotiated agreement which will satisfy Philadelphia lateral at Eagle to a point operating. The Instruction Manual and a PECO’s needs for additional firm label adjacent to the gas control valve will of interconnection with Mobil’s pipeline require the user to turn the gas control valve delivery service in a timely manner and facilities. Service will be rendered to the ‘‘OFF’’ position when the heater is not will satisfy Mobil’s 1996 Flex-X request under Texas Eastern’s open-access Rate in use. for firm service. Schedule FT–1, included as part of Requiring the inclusion of pilot energy Texas Eastern requests authorization Texas Eastern’s FERC Gas Tariff, Sixth input in the AFUE calculations does not to perform pipe replacements, as Revised Volume No. 1, subject to the allow for the additional energy savings required, on Line No. 1–A, and perform Settlement Rate. With respect to any realized when the pilot light is turned off. We a hydrostatic test of Line 1–A between temporarily available capacity from request that the requirement of including the Eagle and the proposed Brookhaven term involving the pilot energy consumption November 1, 1997 through October 31, be waived from the AFUE calculations for M&R, located between approximate mile 2001, Texas Eastern states that it will our heaters noted above. These models meet posts 0.00 and 22.7 in Chester and utilize such available capacity to the conditions described in the previous Delaware Counties, Pennsylvania. After provide limited-term transportation paragraph. such replacements. Texas Eastern service, at the incremental Settlement Waivers for deleting pilot energy proposes to install regulation facilities Rate, to interested customers under the consumption in AFUE calculations have at Eagle, new launcher facilities at terms and conditions of Texas Eastern’s previously been granted by U.S.D.O.E. to Eagle, if necessary, and receiver blanket transportation certificate and its other manufacturers. We are petitioning the facilities at the Brookhaven M&R, install FERC Gas Tariff. U.S.D.O.E. to grant Fireplace Manufacturers, three mainline valves on Line No. 1–A Texas Eastern estimates the cost of the Incorporated, this same waiver. Please contact Fireplace Manufacturers, between Eagle and Brookhaven, and proposed facilities in 1996 dollars at Incorporated, with any questions, comments, reactivate and operate Line No. 1–A at $12,800,000. To recover the incremental and or requirements for additional a MAOP of 400 psig. cost-of-service associated with Texas information we can provide. Thank you for Texas Eastern requests authorization Eastern’s Settlement Facilities, Texas your help in this matter. to construct, own, operate and maintain Eastern requests authorization to charge Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19745

PECO and Mobil a NGA Section 7(c) Energy Regulatory Commission by filing are on file with the Commission initial rate, as a separately stated market Sections 7 and 15 of the Natural Gas Act and are available for public inspection. area lateral charge consisting of an and the Commission’s Rules of Practice Lois D. Cashell, incremental reservation charge under and Procedure, a hearing will be held Secretary. Texas Eastern’s Rate Schedule FT–1. It with further notice before the [FR Doc. 97–10457 Filed 4–22–97; 8:45 am] is stated that the Settlement Rate will be Commission or its designee on this BILLING CODE 6717±01±M reservation charge of $1.651 per Dth per application if no motion to intervene is month, $0.0543 on a 100 percent load filed within the time required herein, or factor basis. It is stated that the if the Commission on its own review of DEPARTMENT OF ENERGY Settlement Rate is designed on an the matter finds that permission and incremental basis, using Texas Eastern’s approval for the proposed certificate are Federal Energy Regulatory cost-of-service factors approved in required by the public convenience and Commission Docket Nos. RP90–119, et al., and does necessity. If a motion for leave to not include the incremental Non-Spot intervene is timely filed, or if the [Docket No. ER97±2347±000] Fuel component, as approved in Texas Commission on its own motion believes Wisconsin Electric Power Company; Eastern’s Global Settlement in Docket that a formal hearing is required, further Notice of Filing Nos. RP85–177, et al., and the notice of such hearing will be duly incremental PCB component as given. April 17, 1997. approved in Texas Eastern’s settlement Under the procedure herein provided Take notice that Wisconsin Electric in Docket Nos. RP88–67, et al. (Phase II/ for, unless otherwise advised, it will be Power company (Wisconsin Electric) on PCBs) as the lateral capacity to be made unnecessary for Texas Eastern to appear March 31, 1997, tendered for filing a available under this Settlement will be Transmission Service Agreement utilized for delivery services only, as or be represented at the hearing. Lois D. Cashell, between itself and CMS Marketing, opposed to providing mainline Services and Trading Company (CMS transportation service. Secretary. MST). The Transmission Service Pursuant to the settlement, Texas [FR Doc. 97–10456 Filed 4–22–97; 8:45 am] Agreement allows CMS MST to receive Eastern states that it would construct its BILLING CODE 6217±01±M transmission service under Wisconsin facilities in 1997 and commence firm Electric’s FERC Electric Tariff, Original service November 1, 1997. Volume No. 7, accepted for filing under Texas Eastern states that PECO and DEPARTMENT OF ENERGY Docket No. OA96–196. Mobil require the services provided for Wisconsin Electric requests an in this settlement. Accordingly, the Federal Energy Regulatory effective date coincident with filing and parties request that the Commission Commission waiver of the Commission’s notice expeditiously review and approve the requirements to allow for economic Settlement and issue an order approving [Docket Nos. ER96±2973±000, ER96±2974± transactions as they appear. Copies of the Settlement without modification, 000, and ER97±295±000] the filing have been served on CMS including final environmental approval MST, the Public Service Commission of of the Settlement facilities, by June 1, Soyland Power Cooperative, Inc.; Wisconsin and the Michigan Public 1997. Notice of Filing Service Commission. Any person desiring to be heard or to Any person desiring to be heard or to make any protest with reference to said April 17, 1997. Settlement and related application protest said filing should file a motion Take notice that on March 13, 1997, should on or before May 8, 1997, file to intervene or protest with the Federal Soyland Power Cooperative, Inc. with the Federal Energy Regulatory Energy Regulatory Commission, 888 tendered for filing a Notice of Commission, Washington, DC 20426, a First Street, N.E., Washington, D.C. Cancellation of service to Southwestern motion to intervene or a protest in 20426, in accordance with Rules 211 Electric Cooperative, Inc. accordance with the requirements of the and 214 of the Commission’s Rules of Commission’s Rules of Practice and Any person desiring to be heard or to Practice and Procedure (18 CFR 385.211 Procedure (18 CFR 385.214 or 385.211) protest said filing should file a motion and 18 CFR 385.214). All such motions and the Regulations under the National to intervene or protest with the Federal or protests should be filed on or before Gas Act (18 CFR 157.10). All protests Energy Regulatory Commission, 888 April 28, 1997. Protests will be filed with the Commission will be First Street, N.E., Washington, D.C. considered by the Commission in considered by it in determining the 20426, in accordance with Rules 211 determining the appropriate action to be appropriate action to be taken but will and 214 of the Commission’s Rules of taken, but will not serve to make any not serve to make the protestants parties Practice and Procedure, (18 CFR protestants parties to the proceeding. to the proceeding. Any person wishing 385.211 and 18 CFR 385.214). All such Any person wishing to become a party to become a party to a proceeding or to motions or protests should be filed on must file a motion to intervene. Copies participate as a party in any hearing or before April 28, 1997. Protests will be of this filing are on file with the therein must file a motion to intervene considered by the Commission in Commission and are available for public in accordance with the Commission’s determining the appropriate action to be inspection. Rules. taken, but will not serve to make Lois D. Cashell, Take further notice that, pursuant to protestants parties to proceedings. Any Secretary. the authority contained in and subject to person wishing to become a party must [FR Doc. 97–10458 Filed 4–22–97; 8:45 am] jurisdiction conferred upon the Federal file a motion to intervene. Copies of this BILLING CODE 6717±01±M 19746 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

DEPARTMENT OF ENERGY would not constitute a major federal the Scoping Process for the relicensing action significantly affecting the quality of the St. Lawrence-FDR Power Project Federal Energy Regulatory of the human environment. were identified in the Notice of Commission Copies of the EA are available for Memorandum of Understanding, [Project No. 6162±002] review in the Commission’s Reference Formation of Cooperative Consultation and Information Center, Room 1C–1, Process Team, and Initiation of Scoping Hisanori Morimoto; Notice of 888 First Street, N.E., Washington, D.C. Process Associated With Relicensing the Availability of Environmental 20426. St. Lawrence-FDR Power Project issued Assessment Lois D. Cashell, May 2, 1996, and found in the Federal Secretary. April 17, 1997. Register dated May 8, 1996, Volume 61, [FR Doc. 97–10460 Filed 4–22–97; 8:45 am] In accordance with the National No. 90, on page 20813. The Scoping Environmental Policy Act of 1969 and BILLING CODE 6717±01±M Process will assist the Federal Energy the Federal Energy Regulatory Regulatory Commission and the New York Department of Environmental Commission’s (Commission’s) DEPARTMENT OF ENERGY regulations, 18 CFR part 380 (Order 486, Conservation in satisfying the agencies’ 52 F.R. 47897), the Commission’s Office Federal Energy Regulatory requirements under the National of Hydropower Licensing has reviewed Commission Environmental Policy Act of 1969 and an exemption surrender application for Section 401(a)(1) of the Clean Water [Project No. 2000±010] the Tourin Musica Project, No. 6162– Act. 002. The Tourin Musica Project is Power Authority of the State of New The following is a list of the future located on the Crossett Brook in York; Notice of Revised Cooperative CCP Team meetings that are presently Washington County, Vermont. The Consultation Process Team Meetings scheduled for discussing the framework exemptee is applying for a surrender of Associated With Relicensing the St. for a Settlement Agreement, viewing the the exemption due to a generator cable Lawrence-FDR Power Project fire that rendered the project inoperable. shoreline resources, and conducting An Environmental Assessment (EA) was April 17, 1997. public scoping meetings. prepared for the application. The EA The establishment of the Cooperative finds that approving the application Consultation Process (CCP) Team and 1. The CCP Team will continue discussions of a Settlement Agreement. The meeting will be held at Power Author- May 1–2, 1997. ity of the State of New York’s Robert Moses Powerhouse in Massena, New York. 2. The CCP Team will meet to tour the St. Lawrence-FDR Power Project’s impoundment and view the shoreline re- June 10, 1997. sources. 3. The CCP Team will conduct Public Scoping Meetings. Meetings will be held in Massena, Waddington, and June 24–26, 1997. Hogansburg, New York. 4. The CCP Team will meet at Power Authority of the State of New York’s Robert Moses Powerhouse in Massena, July 1997. New York. 5. The CCP Team will meet at Power Authority of the State of New York’s Robert Moses Powerhouse in Massena, Aug. 1997. New York.

The specific dates for the July and DEPARTMENT OF ENERGY ENVIRONMENTAL PROTECTION August meetings will be published in AGENCY Federal Energy Regulatory the Federal Register. [FRL±5814±9] If you would like to participate in the Commission meeting or need general information on Effluent Guidelines Task Force Open the CCP Team and process, as well as [Project Nos. 10865±001 and 11495±000] Meeting the relicensing process contact any one Warm Creek Hydro Inc.; Nooksack AGENCY: Environmental Protection of the following three individuals: River Hydro Inc.; Correction to Notice Agency. Mr. Thomas R. Tatham, New York Applications are Ready for ACTION: Notice of meeting. Power Authority, (212) 468–6747, Environmental Analysis SUMMARY: The Effluent Guidelines Task (212) 468–6272 (fax), EMAIL: Force, an EPA advisory committee, will [email protected] April 17, 1997. hold a meeting to discuss the Agency’s Mr. Keith Silliman, New York Dept. of In the notice issued February 28, 1997 Effluent Guidelines Program. The Environmental Conservation, (518) (62 FR 10844, March 10, 1997), the note meeting is open to the public. on page 10846, at the top of the first 457–0986, (518) 457–3978 (fax), DATES: The meeting will be held on EMAIL: [email protected] column, should read ‘‘The Commission Tuesday, May 20, 1997 from 9:00 a.m. Mr. Thomas Russo, Federal Energy is preparing a Multilpe-Project to 5:00 p.m., and Wednesday, May 21, Regulatory Commission, (202) 219– Environmental Impact Statement. . . .’’ 1997 from 9:00 a.m. to 3:00 p.m. in lieu of ‘‘The Commission is preparing 2792, (202) 219–2634 (fax), EMAIL: ADDRESSES: The meeting will take place [email protected] a Multiple Environmental at the Madison Hotel, 15th & M Streets, Assessment. . . .’’ Lois D. Cashell, NW, Washington, D.C. Lois D. Cashell, Secretary. FOR FURTHER INFORMATION CONTACT: Secretary. [FR Doc. 97–10459 Filed 4–22–97; 8:45 am] Beverly Randolph, Office of Water [FR Doc. 97–10461 Filed 4–22–97; 8:45 am] (4303), 401 M Street, SW, Washington, BILLING CODE 6717±01±M BILLING CODE 6717±01±M DC 20460; telephone (202) 260–5373; fax (202) 260–7185. Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19747

SUPPLEMENTARY INFORMATION: Pursuant ACTION: Notice. List of Subjects to the Federal Advisory Committee Act SUMMARY: This notice announces the Environmental protection, (Pub. L. 92–463), the Environmental Administrative practice and procedure, Protection Agency gives notice of a availability of an updated version of the Pesticide Data Submitters List which Pesticides and pests, Reporting and meeting of the Effluent Guidelines Task recordkeeping requirements. Force (EGTF). The EGTF is a supersedes and replaces all previous subcommittee of the National Advisory versions. Dated: April 9, 1997. Council for Environmental Policy and FOR FURTHER INFORMATION CONTACT: By Linda A. Travers, mail: John Jamula, Office of Pesticide Technology (NACEPT), the external Director, Program Management and Support policy advisory board to the Programs (7502C), Environmental Division, Office of Pesticide Programs. Administrator of EPA. Protection Agency, 401 M St., SW., The EGTF was established in July of Washington, DC 20460. Office location [FR Doc. 97–10537 Filed 4–22–97; 8:45 am] 1992 to advise EPA on the Effluent for commercial courier, delivery, BILLING CODE 6560±50±F Guidelines Program, which develops telephone number and e-mail: Room regulations for dischargers of industrial 226, Crystal Mall No. 2, 1921 Jefferson ENVIRONMENTAL PROTECTION wastewater pursuant to Title III of the Davis Highway, Arlington, VA, (703) AGENCY Clean Water Act (33 USC 1251 et seq.). 305–6426; e-mail: The Task Force consists of members [email protected]. [OPP±66239; FRL 5599±4] appointed by EPA from industry, citizen SUPPLEMENTARY INFORMATION: groups, state and local government, the Notice of Receipt of Requests to I. Introduction academic and scientific communities, Voluntarily Cancel Certain Pesticide and EPA regional offices. The Task The Pesticide Data Submitters List is Registrations Force was created to offer advice to the a compilation of names and addresses of AGENCY: Environmental Protection Administrator on the long-term strategy registrants who wish to be notified and Agency (EPA). for the effluent guidelines program, and offered compensation for use of their particularly to provide data. It was developed to assist pesticide ACTION: Notice. applicants in fulfilling their obligation recommendations on a process for SUMMARY: In accordance with section as required by sections 3(c)(1)(f) and expediting the promulgation of effluent 6(f)(1) of the Federal Insecticide, 3(c)(2)(D) of the Federal Insecticide, guidelines. The Task Force generally Fungicide and Rodenticide Act (FIFRA), Fungicide, and Rodenticide Act (FIFRA) does not discuss specific effluent as amended, EPA is issuing a notice of and 40 CFR part 152 subpart E regarding guideline regulations currently under receipt of requests by registrants to ownership of data used to support development. voluntarily cancel certain pesticide registration. This notice announces the At the May meeting, the Task Force registrations. will continue drafting of availability of an updated version of the DATES: Unless a request is withdrawn by recommendations streamlining the Pesticide Data Submitters List which October 20, 1997, orders will be issued effluent guidelines development supersedes and replaces all previous cancelling all of these registrations. process, including enhancement of versions. FOR FURTHER INFORMATION CONTACT: By stakeholder participation and data II. Ordering Information collection, and improvement of mail: James A. Hollins, Office of contracting and laboratory procedures. Microfiche copies of the document are Pesticide Programs (7502C), The meeting is open to the public, available from the National Technical Environmental Protection Agency, 401 and limited seating for the public is Information Service (NTIS) ATTN: M St., SW., Washington, DC 20460. available on a first-come, first-served Order Desk 5285 Port Royal Road Office location for commercial courier, basis. The public may submit written Springfield, VA 22161; Telephone: (703) delivery, telephone number and e-mail: comments to the Task Force regarding 487–4650. When requesting a document Room 216, Crystal Mall No. 2, 1921 improvements to the Effluent from NTIS, please provide its name and Jefferson Davis Highway, Arlington, VA, Guidelines program. Comments should NTIS Publication Number (PB). The (703) 305–5761; e-mail: be sent to Beverly Randolph at the NTIS Publication for this version of the [email protected]. above address. Comments submitted by Pesticide Data Submitters List is PB97– SUPPLEMENTARY INFORMATION: 144836. May 15, 1997 will be considered by the I. Introduction Task Force at or subsequent to the III. Electronic Access meeting. Section 6(f)(1) of the Federal The Pesticide Data Submitters List is Insecticide, Fungicide and Rodenticide Dated: April 7, 1997. available on EPA’s World Wide Web Act (FIFRA), as amended, provides that Beverly Randolph, (WWW) site on the Internet. The a pesticide registrant may, at any time, Designated Federal Official. Internet address of EPA’s web site is request that any of its pesticide [FR Doc. 97–10511 Filed 4–22–97; 8:45 am] www.epa.gov. registrations be cancelled. The Act BILLING CODE 6560±50±P To Access the Data Submitters List further provides that EPA must publish from the EPA Home Page, select a notice of receipt of any such request ‘‘Offices, Regions, and Laboratories’’. in the Federal Register before acting on ENVIRONMENTAL PROTECTION From the next page, select ‘‘Office of the request. AGENCY Prevention, Pesticides, and Toxic II. Intent to Cancel [OPP±00477; FRL5600±3] Substances’’. From the next page, select ‘‘Databases and Tools’’. This Notice announces receipt by the Notice of Availability of Pesticide Data The Pesticide Data Submitters List Agency of requests to cancel some 39 Submitters List may also be accessed directly on the pesticide products registered under EPA web site, by going directly to: http:/ section 3 or 24(c) of FIFRA. These AGENCY: Environmental Protection /www.epa.gov/opppmsd1/ registrations are listed in sequence by Agency (EPA). datasubmitterslist/index.html registration number (or company 19748 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices number and 24(c) number) in the following Table 1.

TABLE 1. Ð REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION

Registration No. Product Name Chemical Name

000016±00015 Super Blue Dragon Garden Dust 5% Sevin 1-Naphthyl-N-methylcarbamate 000016±00028 Dragon 1±3/4% Sevin Dust 1-Naphthyl-N-methylcarbamate 000016±00152 Dragon Fruit Tree Spray Wettable Methoxychlor (2,2-bis(p-methoxyphenyl)-1,1,1-trichloroethane) O,O-Dimethyl phosphorodithioate of diethylmercaptosuccinate cis-N-Trichloromethylthio-4-cyclohexene-1,2-dicarboximide 000016±00156 Dragon Copper Sulfate Granular Crystals Copper sulfate 000016±00162 Triple Dragon Dust 1-Naphthyl-N-methylcarbamate Sulfur Tetrachloroisophthalonitrile 000100±00782 Basus Outdoor Flea Treatment Ethyl 2-(p-phenoxyphenoxy)ethyl carbamate 000100±00809 Fenoxycarb MG2E Ethyl 2-(p-phenoxyphenoxy)ethyl carbamate 000211±00026 Cen O Phen Detergent Germicide 2-Benzyl-4-chlorophenol 4-tert-Amylphenol o-Phenylphenol 000241±00347 Gypchek Polyhedral inclusion bodies of gypsy moth nucleopolyhedrosis virus 000241 ID±83±0023 Cythion Insecticide the Premium Grade Mal- O,O-Dimethyl phosphorodithioate of diethylmercaptosuccinate athion 000241 ID±83±0024 Malathion ULV Concentrate Insecticide O,O-Dimethyl phosphorodithioate of diethylmercaptosuccinate 000303±00026 San Pheno X Disinfectant and Deodorant 2-Benzyl-4-chlorophenol 000334±00025 G-822 Mintene Disinfectant 2-Benzyl-4-chlorophenol 000538±00048 Spot Weeder Weed Control Dimethylamine 3,6-dichloro-o-anisate Alkanol* amine 2,4-dichlorophenoxyacetate *(salts of the ethanol and 000675±00016 Premeasured Tergisyl Disinfectant Detergent Potassium 2-benzyl-4-chlorophenate 000675±00024 New-O-Syl Disinfectant Detergent 2-Benzyl-4-chlorophenol 4-tert-Amylphenol o-Phenylphenol 000675±00027 Con-O-Syl Disinfectant Detergent 2-Benzyl-4-chlorophenol o-Phenylphenol 000777±00010 Lysol Brand Disinfectant 2-Benzyl-4-chlorophenol o-Phenylphenol 000777±00015 Pine Scent Lysol Brand Disinfectant 2-Benzyl-4-chlorophenol Pine oil 000875±00124 Dubois GSC Sodium 2-benzyl-4-chlorophenate Sodium o-phenylphenate p-tert-Amylphenol, sodium salt 000875±00131 BGC±3 Germicidal Synthetic Cleaner Sodium 2-benzyl-4-chlorophenate Sodium o-phenylphenate p-tert-Amylphenol, sodium salt 000875±00163 Oxford Bryte-Foam Concentrated, Santizer, Sodium 2-benzyl-4-chlorophenate Rug and Uphol Sodium dodecylbenzenesulfonate Sodium lauryl sulfate 001043±00014 Environ-D Phenolic Disinfectant 2-Benzyl-4-chlorophenol 4-tert-Amylphenol o-Phenylphenol 001270±00188 Zepopine-8 Potassium 2-benzyl-4-chlorophenate Pine oil 001270±00193 ZEP Formula 165-A Potassium 2-benzyl-4-chlorophenate o-Phenylphenol, potassium salt Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19749

TABLE 1. Ð REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATIONÐContinued

Registration No. Product Name Chemical Name

p-tert-Amylphenol, potassium salt 001270±00238 ZEP Formula 3387 2-Benzyl-4-chlorophenol o-Phenylphenol 001677±00135 KX-5050 2-Benzyl-4-chlorophenol o-Phenylphenol 002155±00068 Mint Disinfectant 2-Benzyl-4-chlorophenol 002155±00071 Lemonene Sodium 2-benzyl-4-chlorophenate Sodium o-phenylphenate p-tert-Amylphenol, sodium salt 002749±00268 2,4-DB Ester Selective Herbicide Isooctyl 4-(2,4-dichlorophenoxy)butyrate 003125±00035 Nitrox 80 for Manufacturing Use Only O,O-Dimethyl O-p-nitrophenyl phosphorothioate 004313±00066 Single Phenolic Hospital Disinfectant 2-Benzyl-4-chlorophenol 010807±00090 Super Pine Odor Disinfectant 2-Benzyl-4-chlorophenol Pine oil 019713±00234 Methyl Parathion 6E O,O-Dimethyl O-p-nitrophenyl phosphorothioate 019713±00256 Drexel 7 1/2lbs. Methyl Parathion O,O-Dimethyl O-p-nitrophenyl phosphorothioate 032802±00006 All Season Crabgrass Preventer Plus 22±3± Dimethyl tetrachloroterephthalate 11 Fertilizer 063281±00001 RTU Phenolic Germicidal Detergent 2-Benzyl-4-chlorophenol 4-tert-Amylphenol o-Phenylphenol 067517±00008 Starlicide Complete 3-Chloro-p-toluidine hydrochloride 067517±00022 Lice & Fly Killer-CR O,O-DiethylO-(3-chloro-4-methyl-2-oxo-2H-1-benzopyran-7-yl) phosphorothioate

Unless a request is withdrawn by the registrant within 180 days of publication of this notice, orders will be issued cancelling all of these registrations. Users of these pesticides or anyone else desiring the retention of a registration should contact the applicable registrant directly during this 90–day period. The following Table 2 includes the names and addresses of record for all registrants of the products in Table 1, in sequence by EPA Company Number.

TABLE 2. Ð REGISTRANTS REQUESTING VOLUNTARY CANCELLATION

EPA Company No. Company Name and Address

000016 Dragon Corp., Box 7311, Roanoke, VA 24019. 000100 Novartis Crop Protection, Inc., Box 18300, Greensboro, NC 27419. 000211 Central Solutions, Inc., 3130 Brinkerhoff Rd., Box 15276, Kansas City, KS 66115. 000241 American Cyanamid Co., Agri Research Div - U.S. Regulatory Affair, Box 400, Princeton, NJ 08543. 000303 Huntington Laboratories, Inc., 968±970 E. Tipton St., Huntington, IN 46750. 000334 Hysan Corp., 3000 W. 139th St., Blue Island, IL 60406. 000538 The Scotts Co., 14111 Scottslawn Rd., Marysville, OH 43041. 000675 Reckitt & Colman Inc., 225 Summit Ave, Montvale, NJ 07645. 000777 Household Products Division, Reckitt & Colman Inc., Attn: EPA Regulatory Dept, 225 Summitt Ave, Montvale, NJ 07645. 000875 Diversey Corp., 46701 Commerce Center Dr., Plymouth, MI 48170. 001043 Convatec, A Division of E.R. Squibb & Sons Inc., Box 147, St. Louis, MO 63166. 001270 ZEP Mfg. Co., Box 2015, Atlanta, GA 30301. 001677 Ecolab Inc., 370 Wabasha St., Ecolab Center, St. Paul, MN 55102. 002155 I. Schneid, 1429 Fairmont Ave., N.W., Atlanta, GA 30318. 002749 Aceto Agriculture Chemicals Corp., One Hollow Lane, Lake Success, NY 11042. 003125 Bayer Corp., Agriculture Division, 8400 Hawthorn Rd., Box 4913, Kansas City, MO 64120. 004313 Carroll Co., 2900 W. Kingsley Rd., Garland, TX 75041. 010807 Amrep, Inc., 990 Industrial Dr., Marietta, GA 30062. 019713 Drexel Chemical Co., Box 13327, Memphis, TN 38113. 032802 Howard Johnson's Enterprises Inc., 700 W. Virginia St., Ste 222, Milwaukee, WI 53204. 19750 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

TABLE 2. Ð REGISTRANTS REQUESTING VOLUNTARY CANCELLATIONÐContinued

EPA Company No. Company Name and Address

063281 RSP Private Label Packaging, 969 E. Tipton St., Huntington, IN 46750. 067517 R. E. Broyles, Agent For: PM Resources Inc., 1401 Hanley Rd., St. Louis, MO 63144.

III. Loss of Active Ingredients made if a product poses a risk concern, a cost recovery settlement agreement to Unless the requests for cancellation or is in noncompliance with address claims under the are withdrawn, one pesticide active reregistration requirements, or is subject Comprehensive Environmental ingredient will no longer appear in any to a data call-in. In all cases, product- Response, Compensation and Liability registered products. Those who are specific disposition dates will be given Act of 1980 as amended (CERCLA), 42 concerned about the potential loss of in the cancellation orders. U.S.C. § 9601 et seq. Notice is being this active ingredient for pesticidal use Existing stocks are those stocks of published to inform the public of the are encouraged to work directly with the registered pesticide products which are proposed settlement and of the registrant(s) to explore the possibility of currently in the United States and opportunity to comment. The settlement withdrawing their request for which have been packaged, labeled, and is intended to resolve the liability under cancellation. The active ingredient is released for shipment prior to the CERCLA of Charles McNamara for costs listed in the following Table 3, with the effective date of the cancellation action. incurred or to be incurred by EPA in EPA Company and CAS Number. Unless the provisions of an earlier order response to the release or threatened apply, existing stocks already in the release of hazardous substances at the hands of dealers or users can be Wells Metal Finishing Site in Lowell, TABLE 3. Ð ACTIVE INGREDIENTS distributed, sold or used legally until Massachusetts. WHICH WOULD DISAPPEAR AS A RE- they are exhausted, provided that such DATES: Comments must be provided on SULT OF REGISTRANTS' REQUESTS further sale and use comply with the or before May 23, 1997. TO CANCEL EPA-approved label and labeling of the ADDRESSES: Comments should be affected product(s). Exceptions to these addressed to the Docket Clerk, U.S. EPA Com- general rules will be made in specific CAS No. Chemical Name Environmental Protection Agency, pany No. cases when more stringent restrictions Region I, JFK Federal Building, on sale, distribution, or use of the 1320±15±6 2,4-DB isooctyl 002749 Mailcode RCH, Boston, Massachusetts, products or their ingredients have ester 02203, and should refer to: Agreement already been imposed, as in Special for Recovery of Past Response Costs Re: Review actions, or where the Agency Wells Metal Finishing Superfund Site, IV. Procedures for Withdrawal of has identified significant potential risk Lowell, Massachusetts, US. EPA Docket Request concerns associated with a particular No. CERCLA I–91–1069. Registrants who choose to withdraw a chemical. request for cancellation must submit FOR FURTHER INFORMATION CONTACT: such withdrawal in writing to James A. List of Subjects Gregory M. Kennan, U.S. Environmental Protection Agency, JFK Federal Hollins, at the address given above, Environmental protection, Pesticides Building, Mailcode SEE, Boston, postmarked before October 20, 1997. and pests, Product registrations. Massachusetts, 02203, (617) 565–3446. This written withdrawal of the request Dated: April 4, 1997. for cancellation will apply only to the SUPPLEMENTARY INFORMATION: In applicable 6(f)(1) request listed in this Linda A. Travers, accordance with the Comprehensive notice. If the product(s) have been Director, Program Management and Support Environmental Response, Compensation subject to a previous cancellation Division, Office of Pesticide Programs. and Liability Act of 1980, as amended (CERCLA) 42 U.S.C. § 9601 et seq., action, the effective date of cancellation [FR Doc. 97–10233 Filed 4-22-97; 8:45 am] and all other provisions of any earlier notice is hereby given of a proposed cost BILLING CODE 6560±50±F cancellation action are controlling. The recovery settlement agreement under withdrawal request must also include a Section 122(h)(1) of CERCLA commitment to pay any reregistration ENVIRONMENTAL PROTECTION concerning the Wells Metal Finishing fees due, and to fulfill any applicable AGENCY Superfund Site in Lowell, MA. The unsatisfied data requirements. settlement was approved by EPA Region [FRL±5815±1] I, subject to review by the public V. Provisions for Disposition of Existing pursuant to this Notice. Charles Stocks Proposed Administrative Settlement McNamara (Settling Party) has executed The effective date of cancellation will Under Section 122(h)(1) of the a signature page committing him to be the date of the cancellation order. Comprehensive Environmental participate in the settlement. Under the The orders effecting these requested Response, Compensation, and Liability proposed settlement, the Settling Party cancellations will generally permit a Act; in Re Wells Metal Finishing shall convey the Site to a good faith registrant to sell or distribute existing Superfund Site; Lowell, Massachusetts purchaser in an arms length transaction stocks for 1 year after the date the AGENCY: Environmental Protection no later than one year after the effective cancellation request was received. This Agency. date of this Agreement. After the policy is in accordance with the ACTION: Notice of proposed agreement Settling Party has paid the realtor’s Agency’s statement of policy as for recovery of past response costs. commission and real estate attorney’s prescribed in Federal Register (56 FR fee from the proceeds of the sale of the 29362) June 26, 1991; [FRL 3846–4]. SUMMARY: The Environmental Protection Site property, the Settling Party shall Exceptions to this general rule will be Agency (EPA) is proposing to enter into pay the City of Lowell Massachusetts all Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19751 past real property taxes not to exceed ENVIRONMENTAL PROTECTION If the test requirements are not met $55,160 plus interest; and to pay 100% AGENCY and EPA terminates a conditional of the remaining proceeds of the sale to exemption under 40 CFR 790.93, the [OPPTS±47006; FRL±5712±9] the EPA Hazardous Substance Agency will notify each holder of an Superfund for the reimbursement of Conditional Exemptions From TSCA affected conditional exemption by response costs. EPA believes the Section 4 Test Rules certified mail or Federal Register notice. settlement is fair and in the public This conditional approval applies to all interest. AGENCY: Environmental Protection manufacturers that submitted Agency (EPA). exemption applications for testing of the EPA is entering into this agreement ACTION: Notice. chemical substances named in the final under the authority of CERCLA Section test rules listed below from January 1, 122(h)(1) which provides EPA with SUMMARY: EPA is granting conditional 1996 through December 31, 1996. Any authority to consider, compromise, and exemptions from Toxic Substances application received after December 31, settle a claim under Section 107 of Control Act (TSCA) section 4 Test Rule 1996 will be addressed separately. CERCLA for costs incurred by the requirements to certain manufacturers United States if the claim has not been Testing reimbursement periods have of chemical substances subject to these terminated (sunset) for certain referred to the U.S. Department of rules. chemicals and exemption notices are no Justice for further action. The U.S. DATES: These conditional exemptions longer required for these chemicals. In Department of Justice has given written are effective on April 23, 1997. accordance with 40 CFR 790.80, before approval of this settlement. EPA will FOR FURTHER INFORMATION CONTACT: the end of the reimbursement period, receive written comments relating to Susan B. Hazen, Director, manufacturers or processors of the test Environmental Assistance Division this settlement for thirty (30) days from substance who are subject to the the date of publication of this Notice. (7408), Office of Pollution Prevention and Toxics, Environmental Protection requirement, must submit either a letter A copy of the proposed administrative Agency, Rm. E–543B, 401 M St., SW., of intent to test or an exemption settlement may be obtained in person or Washington, DC 20460, (202) 554–1404, application. Reimbursement period as by mail from Gregory M. Kennan, U.S. TDD (202) 554–0551, e-mail:TSCA- defined in 40 CFR 791.3, refers to a Environmental Protection Agency, JFK [email protected]. period that begins when the data from Federal Building, Mailcode SEE, Boston, the last non-duplicative test to be SUPPLEMENTARY INFORMATION: This completed under a test rule is submitted Massachusetts, 02203 (617) 565–3446. notice grants conditional exemptions to EPA, and ends after an amount of The Agency’s response to any from TSCA section 4 test rule time equal to that which had been comments received will be available for requirements to all manufacturers of the required to develop that data or after 5 chemical substances identified below public inspection with the Docket Clerk, years, whichever is later. U.S. Environmental Protection Agency, that submitted exemption applications Region I JFK Federal Building, Mailcode in accordance with 40 CFR 790.80. In Exemption applications that were RCH, Boston, Massachusetts, (U.S. EPA each case, EPA has received a letter of received by EPA for diethylene glycol Docket No. CERCLA I–91–1069). intent to conduct the testing from which butyl ether (CAS No. 112–34–5) were exemption is sought. Accordingly, the not required at the time they were Dated: April 15, 1997. Agency has conditionally approved submitted because the chemical has a Richard Cavagnero, these exemption applications because completed testing program, the Acting Director, Office of Site Remediation the conditions set out in 40 CFR 790.87 reimbursement period has sunset, and it and Restoration. have been met. All conditional is no longer subject to TSCA section 4 [FR Doc. 97–10505 Filed 4–22–97; 8:45 am] exemptions thus granted are contingent reporting requirements in accordance BILLING CODE 6560±50±P upon successful completion of testing with 40 CFR 790.80. Exemption and submission of data by the test applications received by EPA after the sponsors according to the requirements chemical’s sunset date would not of the applicable test rule. appear in this notice.

40 CFR Chemicals CAS No. Citation Company

Tributyl phosphate ...... 126±73±8 799.4360 Zeneca Specialities Isopropanol ...... 67±63±0 799.2325 Spectra Merchandising International, Inc.

As provided in 40 CFR 790.80, Dated: April 15, 1997. FEDERAL COMMUNICATIONS processors are not required to apply for COMMISSION Charles M. Auer, an exemption or conduct testing unless EPA so specifies in a test rule or in a Director, Chemical Control Division, Office Notice of Public Information special Federal Register notice. of Pollution Prevention and Toxics. Collections Being Reviewed by the Federal Communications Commission Authority: 15 U.S.C. 2601 and 2603. [FR Doc. 97–10535 Filed 4–22–97; 8:45 am] BILLING CODE 6560±50±F April 17, 1997. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this 19752 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices opportunity to comment on the prevent numbers from being held in ADDRESSES: Direct all comments to following information collection, as unavailable status without Dorothy Conway, Federal required by the Paperwork Reduction demonstrated reasons, and will make Communications Commission, Room Act of 1995, Public Law 104–13. An more numbers available for subscribers 234, 1919 M St., N.W., Washington, DC agency may not conduct or sponsor a who need and want them. DSMI (and, 20554 or via internet to collection of information unless it if necessary, the Common Carrier [email protected] and Timothy Fain, displays a currently valid control Bureau) will continue to use the OMB Desk Officer, 10236 NEOB 725 number. No person shall be subject to information collected to determine if a 17th Street, N.W., Washington, DC any penalty for failing to comply with particular toll free number appropriately 20503 or [email protected]. a collection of information subject to the can be placed in ‘‘unavailable’’ status. FOR FURTHER INFORMATION CONTACT: For Paperwork Reduction Act (PRA) that This will prevent the fraudulent use of additional information or copies of the does not display a valid control number. toll free numbers. information collections contact Dorothy Comments are requested concerning (a) Federal Communications Commission. Conway at 202–418–0217 or via internet whether the proposed collection of William F. Caton, at [email protected]. information is necessary for the proper Acting Secretary. performance of the functions of the SUPPLEMENTARY INFORMATION: [FR Doc. 97–10493 Filed 4–22–97; 8:45 am] Commission, including whether the OMB Approval Number: 3060–0049. information shall have practical utility; BILLING CODE 6712±01±P Title: Restricted Radiotelephone (b) the accuracy of the Commission’s Operator Permit. burden estimate; (c) ways to enhance FEDERAL COMMUNICATIONS Form No.: FCC Form 753. the quality, utility, and clarify of the COMMISSION Type of Review: Revision of a information collected; and (d) ways to currently approved information minimize the burden of the collection of Notice of Public Information collection. information on the respondents, Collections Submitted to OMB for Respondents: Individuals or including the use of automated Review and Approval households. collection techniques or other forms of Number of Respondents: 19,000. information technology. April 16, 1997. Estimated Time Per Response: 20 DATES: Persons wishing to comment on SUMMARY: The Federal Communications minutes. this information collection should Commission, as part of its continuing Total Annual Burden: 6,270 hours. submit comments on or before June 23, effort to reduce paperwork burden Total Costs to all Respondents: 1997. invites the general public and other $540,000. $45 filing for each new or ADDRESSES: Direct all comments to Federal agencies to take this replacement license for commercial use. Dorothy Conway, Federal opportunity to comment on the Needs and Uses: The data collected Communications Commission, Room following proposed and/or continuing on the FCC form 753 is used to 234, 1919 M St., N.W., Washington, DC information collections, as required by determine the qualifications of a 20554 or via internet to the Paperwork Reduction Act of 1995, Restricted Radiotelephone Operator [email protected]. Public Law 104–13. An agency may not applicant. The form is required by FCC conduct or sponsor a collection of Rules 47 CFR Part 13 and 1.83. The data FOR FURTHER INFORMATION CONTACT: For information unless it displays a will be used to identify the individuals additional information or copies of the currently valid control number. No to whom the license is issued. The form information collections contact Dorothy person shall be subject to any penalty is being revised to include a space for Conway at 202–418–0217 or via internet for failing to comply with a collection the applicant to provide an internet at [email protected]. of information subject to the Paperwork address, as well as a Social Security SUPPLEMENTARY INFORMATION: Reduction Act (PRA) that does not Number. The Commission is required to OMB Approval No.: None-(3060– display a valid control number. collect an SSN to comply with the Debt XXXX). Comments are requested concerning: (a) Collection Improvement Act of 1996. Title: Second Report and Order, Toll Whether the proposed collection of OMB Approval Number: 3060–0141. Free Service Access Codes, CC Docket information is necessary for the proper Title: Application for Renewal of No. 95–155. performance of the functions of the Private Operational Fixed Microwave Type of Review: New Collection. Commission, including whether the Radio Station License. Respondents: Business or other for- information shall have practical utility; Form No.: FCC Form 402R. profit. (b) the accuracy of the Commissions Type of Review: Revision of a Number of Respondents: 168. burden estimates; (c) ways to enhance currently approved information Estimate Hour Per Response: 1 hour. the quality, utility, and clarity of the collection. Frequency of Response: information collected; and (d) ways to Respondents: Individuals or Approximately 15 requests per year per minimize the burden of the collection of households; Business or other for-profit; respondent. information on the respondents, Not-for-profit institutions; State, Local Total Annual Burden: 2,250 hours. including the use of automated or Tribal Government. Needs and Uses: RespOrgs requesting collection techniques or other forms of Number of Respondents: 4,000. that specific toll free numbers be placed information technology. Estimated Time Per Response: 20 in unavailable status will be required to DATES: Written comments should be minutes. submit written requests, with submitted on or before May 23, 1997. If Total Annual Burden: 1,320 hours. appropriate documentation, to the toll you anticipate that you will be Total Costs to all Respondents: free database administrator, Database submitting comments, but find it $900,000. $225 filing for each applicant. Services Management, Inc. (DSMI). This difficult to do so within the period of Needs and Uses: In accordance with requirement will hold those RespOrgs time allowed by this notice, you should FCC Rules Microwave radio station more accountable and will decrease advise the contact listed below as soon licensees are required to apply for abuses of the lag time process. It will as possible. renewal of their radio station Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19753 authorization every 5 years. The data is ADDRESSES: Direct all comments to used to ensure the market integrity of being used to determine eligibility for a Dorothy Conway, Federal future auctions. Likewise, the renewed authorization and by Communications Commission, Room information collected in connection Compliance personnel in conjunction 234, 1919 M St., NW., Washington, DC with Section 1.2111 (a) of the for field enforcement purposes. The 20554 or via Internet to Commission’s rules, 47 C.F.R. 1.2111(a) form is being revised to include a space [email protected] and Timothy Fain, (transfer disclosures), will be used to for the applicant to provide an internet OMB Desk Officer, 10236 NEOB 725 maintain the market integrity of future address, as well as a Social Security 17th Street, N.W., Washington, DC auctions and prevent unjust enrichment. Number. The Commission is required to 20503 or fain—[email protected]. Federal Communications Commission. collect an SSN to comply with the Debt FOR FURTHER INFORMATION CONTACT: For William F. Caton, Collection Improvement Act of 1996. additional information or copies of the Acting Secretary. information collection, contact Dorothy Federal Communications Commission. [FR Doc. 97–10496 Filed 4–22–97; 8:45 am] William F. Caton, Conway at 202–418–0217 or via Internet at dconway@ fcc.gov. BILLING CODE 6712±01±P Acting Secretary. [FR Doc. 97–10492 Filed 4–22–97; 8:45 am] SUPPLEMENTARY INFORMATION: FEDERAL COMMUNICATIONS BILLING CODE 6712±01±P OMB Approval Number: New COMMISSION Collection. Title: Auction Forms and License Hearing Designation Order, Order To FEDERAL COMMUNICATIONS Transfer Disclosures—Supplement for Show Cause and Notice of Opportunity COMMISSION the Second Report and Order, Order on for Hearing Reconsideration, and Fifth Notice of Notice of Public Information Proposed Rulemaking in CC Docket No. The Commission has before it for Collections Submitted to OMB for 92–297. consideration the following matter: Emergency Review and Approval by the Federal Communications Type of Review: Emergency Collection. Licensee City/State MM dock- Commission Respondents: Businesses or other for- et No. April 16, 1997. profit entities. Gerard A. Turro Fort Lee, NJ, 97±122 Pomona, NY SUMMARY: The Federal Communications Number Monticello Monticello, NY Commission, as part of its continuing of re- Estimated time Mountaintop Category spond- for response effort to reduce paperwork burden, ents Broadcasting, invites the general public and other Inc.. Federal agencies to take this Ownership and 4,000 4 hours. opportunity to comment on the Gross Reve- (Regarding the renewal applications for following emergency information nues Informa- W276AQ and W232AL) collection, as required by the Paperwork tion. Pursuant to Section 309(e) of the Reduction Act of 1995, Pub. L. 104–13. Disclosure of 4,000 .5 hours. Communications Act of 1934, as An agency may not conduct or sponsor Terms of Joint amended, the applications of Gerard A. a collection of information unless it Bidding Turro for renewal of licenses of Radio Agreements. Stations W276AQ and W232AL have displays a currently valid control Maintaining 3,000 4 hours/year. number. No person shall be subject to Ownership been designated for hearing upon the any penalty for failing to comply with and Gross following issues: a collection of information subject to the Revenues In- 1. To determine whether Gerard A. Paperwork Reduction Act (PRA) that formation. Turro’s operation of translator stations does not display a valid control number. Transfer Disclo- 4,000 .5 hours. W276AQ(FM), Fort Lee, New Jersey, Comments are requested concerning sures. and W232AL(FM), Pomona, New York, whether the proposed collection of violated Sections 74.531(c) and information is necessary for the proper Total Annual Burden: 69,500 hours. 74.1231(b) of the Commission’s Rules performance of the functions of the Total Cost to Respondents: with respect to the operation of Commission, including whether the $4,157,700. translator stations. Needs and Uses: The ownership, information shall have practical utility; 2. To determine whether Gerard A. gross revenues and joint bidding the accuracy of the Commission’s Turro engaged in an unauthorized agreement information portions of this burden estimate; ways to enhance the transfer of control, or otherwise collection will be used by the quality, utility, and clarity of the exercised and/or continues to exercise Commission to determine whether the information collected; and ways to de facto control over WJUX(FM), applicant is legally, technically and minimize the burden of the collection of Monticello, New York, in violation of financially qualified to be a licensee. information on the respondents, Section 310(d) of the Communications Without such information, the including the use of automated Act of 1934, as amended, and Section Commission could not determine collection techniques or other forms of 73.3540(a) of the Commission’s Rules. whether to issue the licenses to the information technology. The 3. To determine whether Gerard A. applicants that provide Commission is seeking emergency Turro misrepresented and/or lacked telecommunications, multi-channel approval for this information collection candor to the Commission concerning video programming distribution and by May 4, 1997, under the provisions of the operation of translator stations other communications services to the 5 CFR 1320.13. W276AQ(FM), Fort Lee, New Jersey, public and therefore fulfill its statutory and W232AL(FM), Pomona, New York. DATES: Persons wishing to comment on responsibilities in accordance with the 4. To determine whether, in light of this information collection should Communications Act of 1934, as the evidence adduced under the submit comments by May 4, 1997. amended. The information will also be foregoing issues, the public interest will 19754 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices be served by the grant of the above- FEDERAL EMERGENCY SUPPLEMENTARY INFORMATION: Notice is captioned renewal applications filed by MANAGEMENT AGENCY hereby given that, in a letter dated April Gerard A. Turro. 14, 1997, the President declared a major [FEMA±1176±DR] disaster under the authority of the (Regarding the construction permit for Robert T. Stafford Disaster Relief and WJUX(FM)) Arkansas; Amendment to Notice of a Major Disaster Declaration Emergency Assistance Act (42 U.S.C. Pursuant to Section 312(a)(2) of the 5121 et seq.), as follows: Communications Act of 1934, as AGENCY: Federal Emergency I have determined that the damage in amended, Monticello Mountaintop Management Agency (FEMA). certain areas of the State of Arkansas, Broadcasting, Inc. IS DIRECTED TO ACTION: Notice. resulting from severe storms and flooding on SHOW CAUSE why the construction April 4, 1997, and continuing is of sufficient permit for Radio Station WJUX(FM) SUMMARY: This notice amends the notice severity and magnitude to warrant a major should not be REVOKED, at a hearing to of a major disaster for the State of disaster declaration under the Robert T. be held at a time and location specified Arkansas, (FEMA–1176–DR), dated Stafford Disaster Relief and Emergency in a subsequent Order, upon the April 14, 1997, and related Assistance Act (‘‘the Stafford Act’’). I, following issues: determinations. therefore, declare that such a major disaster exists in the State of Arkansas. EFFECTIVE DATE: April 15, 1997. 5. To determine whether Monticello In order to provide Federal assistance, you Mountaintop Broadcasting, Inc. has FOR FURTHER INFORMATION CONTACT: are hereby authorized to allocate from funds violated and/or continues to violate Madge Dale, Response and Recovery available for these purposes, such amounts as Sections 73.1120 and 73.1125(a) and (c) Directorate, Federal Emergency you find necessary for Federal disaster of the Commission’s Rules with respect Management Agency, Washington, DC assistance and administrative expenses. to the maintenance of a main studio for 20472, (202) 646–3260. You are authorized to provide Individual Assistance, Public Assistance, and Hazard SUPPLEMENTARY INFORMATION: The notice Station WJUX(FM), Monticello, New Mitigation in the designated areas. Consistent York. of a major disaster for the State of with the requirement that Federal assistance 6. To determine whether Monticello Arkansas, is hereby amended to include be supplemental, any Federal funds provided Mountaintop Broadcasting, Inc., the following areas among those areas under the Stafford Act for Public Assistance engaged in an unauthorized transfer of determined to have been adversely or Hazard Mitigation will be limited to 75 control or otherwise abdicated control affected by the catastrophe declared a percent of the total eligible costs. of Station WJUX(FM), Monticello, New major disaster by the President in his The time period prescribed for the York, to Gerard A. Turro or an affiliated declaration of April 14, 1997: implementation of section 310(a), The counties of Bradley, Cleveland, entity in violation of Section 310(d) of Priority to Certain Applications for Dallas, Drew, Greene, Izard, Jackson, the Communications Act of 1934, as Public Facility and Public Housing Jefferson, Lafayette, Lincoln, Lonoke, amended, and Section 73.3540(a) of the Assistance, 42 U.S.C. 5153, shall be for Monroe, Montgomery, St. Francis, Commission’s Rules. a period not to exceed six months after Stone, Union and Van Buren for Public 7. To determine whether Monticello the date of this declaration. Assistance and Hazard Mitigation. Notice is hereby given that pursuant Mountaintop Broadcasting, Inc. and/or (Catalog of Federal Domestic Assistance No. to the authority vested in the Director of its agents misrepresented and/or lacked 83.516, Disaster Assistance) the Federal Emergency Management candor to the Commission concerning Dennis H. Kwiatkowski, Agency under Executive Order 12148, I the operation of Station WJUX(FM), hereby appoint Graham Nance of the Monticello, New York. Deputy Associate Director, Response and Recovery Directorate. Federal Emergency Management Agency 8. To determine whether, in light of [FR Doc. 97–10518 Filed 4–22–97; 8:45 am] to act as the Federal Coordinating the evidence adduced under the BILLING CODE 6718±02±P Officer for this declared disaster. foregoing issues, Monticello I do hereby determine the following Mountaintop Broadcasting, Inc. areas of the State of Arkansas to have possesses the requisite qualifications to FEDERAL EMERGENCY been affected adversely by this declared be or remain a Commission broadcast MANAGEMENT AGENCY major disaster: permittee. [FEMA±1176±DR] Ouachita County for Individual Assistance. A copy of the complete Hearing The counties of Cleburne, Columbia, Grant, Designation Order, Order to Show Arkansas; Major Disaster and Related Ouachita and Sharp for Public Assistance Cause, and Notice of Opportunity for Determinations and Hazard Mitigation. Hearing in this proceeding is available (Catalog of Federal Domestic Assistance No. for inspection and copying during AGENCY: Federal Emergency 83.516, Disaster Assistance) normal business hours in the FCC Management Agency (FEMA). James L. Witt, Dockets Branch (Room 320), 1919 M ACTION: Notice. Director. Street, N.W., Washington, D.C. The [FR Doc. 97–10519 Filed 4–22–97; 8:45 am] SUMMARY: This is a notice of the complete text may also be purchased Presidential declaration of a major BILLING CODE 6718±02±P from the Commission’s duplicating disaster for the State of Arkansas contractor, International Transcription (FEMA–1176–DR), dated April 14, 1997, Service, 2100 M Street, N.W., Suite 140, FEDERAL EMERGENCY and continuing and related Washington, D.C. 20037 (telephone MANAGEMENT AGENCY determinations. number 202–857–3800). EFFECTIVE DATE: April 14, 1997. [FEMA±1165±DR] Federal Communications Commission. FOR FURTHER INFORMATION CONTACT: William F. Caton, Indiana; Amendment to Notice of a Magda Ruiz, Response and Recovery Major Disaster Declaration Acting Secretary. Directorate, Federal Emergency [FR Doc. 97–10491 Filed 4–22–97; 8:45 am] Management Agency, Washington, DC AGENCY: Federal Emergency BILLING CODE 6712±01±M 20472, (202) 646–3260. Management Agency (FEMA). Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19755

ACTION: Notice. Hennepin, Houston, Kandiyohi, Lake of the to use State licensed or certified real Woods, Le Sueur, Lincoln, Mahnomen, estate appraisers, as appropriate, to SUMMARY: This notice amends the notice Morrison, Nicollet, Ramsey, Redwood, perform appraisals in federally related of a major disaster for the State of Renville, Scott, Sibley, Stevens, Wabasha, transactions.See § 1119(a) of Title XI, 12 Indiana, (FEMA–1165–DR), dated and Winona for Individual Assistance, Categories A and B under the Public U.S.C. 3348(a). In response to Title XI, March 6 1997, and related each State, territory and the District of determinations. Assistance program and Hazard Mitigation. (Catalog of Federal Domestic Assistance No. Columbia (‘‘State’’) has established a EFFECTIVE DATE: April 14, 1997. 83.516, Disaster Assistance) regulatory program for certifying, FOR FURTHER INFORMATION CONTACT: Dennis H. Kwiatkowski, licensing and supervising real estate Magda Ruiz, Response and Recovery appraisers. In turn, the ASC has been Directorate, Federal Emergency Deputy Associate Director, Response and Recovery Directorate. monitoring State programs to ensure Management Agency, Washington, DC their compliance with Title XI. [FR Doc. 97–10520 Filed 4–22–97; 8:45 am] 20472, (202) 646–3260. While Title XI authorizes each State BILLING CODE 6718±02±P SUPPLEMENTARY INFORMATION: The notice to certify, license and supervise real of a major disaster for the State of estate appraisers within its jurisdiction, Indiana, is hereby amended to include the Title also provides a means for the following areas among those areas FEDERAL FINANCIAL INSTITUTIONS appraisers licensed or certified in one determined to have been adversely EXAMINATION COUNCIL State to practice on a temporary basis in affected by the catastrophe declared a [Docket No. AS96±1] another State. Section 1122(a)(1) of Title major disaster by the President in his XI, 12 U.S.C. 3351(a)(1), specifically declaration of March 6, 1997: Appraisal Subcommittee; Appraisal requires ‘‘[a] State appraiser certifying Vanderburgh and Warrick Counties for Policy; Temporary Practice and or licensing agency [(‘‘State agency’’) to] Categories C through G under the Public Reciprocity recognize on a temporary basis the Assistance program (already designated for certification or license of an appraiser AGENCY: Appraisal Subcommittee, Individual Assistance, Hazard Mitigation, issued by another State if—(A) the and Categories A and B under the Public Federal Financial Institutions property to be appraised is part of a Assistance program). Examination Council. federally related transaction, (B) the (Catalog of Federal Domestic Assistance No. ACTION: Adoption of amended policy appraiser’s business is of a temporary 83.516, Disaster Assistance.) statements. nature, and (C) the appraiser registers Dennis H. Kwiatkowski, with the appraiser certifying or SUMMARY: The Appraisal Subcommittee Deputy Associate Director, Response and licensing agency in the State of (‘‘ASC’’) of the Federal Financial Recovery Directorate. temporary practice.’’ Institutions Examination Council is [FR Doc. 97–10521 Filed 4–22–97; 8:45 am] Reciprocity provides appraisers amending Statements 5 and 6 of the BILLING CODE 6718±02±P certified or licensed in one State with a ASC’s August 4, 1993Policy Statements means to practice in another State on a Regarding State Certification and permanent basis. While Title XI, until FEDERAL EMERGENCY Licensing of Real Estate Appraisers recently, did not specifically mention MANAGEMENT AGENCY which, respectively, discussed reciprocity, the ASC encouraged States temporary practice and reciprocity. [FEMA±1175±DR] to enter into reciprocal appraiser Amended Statements 5 and 6 licensing and certification agreements implement section 315 of the Riegle and arrangements. Minnesota; Amendment to Notice of a Community Development and Major Disaster Declaration In September 1994, Section 315 of Regulatory Improvement Act of 1994 CDRIA, Pub. L. 103–325, 108 Stat. 2160, AGENCY: Federal Emergency (‘‘CDRIA’’). 2222 (1994), amended Section 1122(a) Management Agency (FEMA). EFFECTIVE DATE: Immediately. of Title XI by adding new subparagraph ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Ben (2) (12 U.S.C. 3351(a)(2)) pertaining to Henson, Executive Director, or Marc L. temporary practice and new paragraph SUMMARY: This notice amends the notice Weinberg, General Counsel, at (202) (b) (12 U.S.C. 3351(b)) regarding of a major disaster for the State of 634–6520, via Internet e-mail at reciprocity: Minnesota, (FEMA–1175–DR), dated [email protected] and [email protected], (2) Fees for temporary practice. A April 8, 1997, and related respectively, or by U.S. Mail at State appraiser certifying or licensing determinations. Appraisal Subcommittee, 2100 agency shall not impose excessive fees EFFECTIVE DATE: April 15, 1997. Pennsylvania Avenue, N.W., Suite 200, or burdensome requirements, as FOR FURTHER INFORMATION CONTACT: Washington, D.C. 20037. determined by the Appraisal Magda Ruiz, Response and Recovery Subcommittee, for temporary practice SUPPLEMENTARY INFORMATION: Directorate, Federal Emergency under this subsection. Management Agency, Washington, DC I. Statutory basis * * * * * 20472, (202) 646–3260. Since January 1, 1993, Title XI of the (b) Reciprocity. The Appraisal SUPPLEMENTARY INFORMATION: The notice Financial Institutions Reform, Recovery Subcommittee shall encourage the of a major disaster for the State of and Enforcement Act of 1989 (‘‘Title States to develop reciprocity agreements Minnesota, is hereby amended to XI’’), as amended,1 has required all that readily authorize appraisers who include the following areas among those federally regulated financial institutions are licensed or certified in one State areas determined to have been adversely (and who are in good standing with affected by the catastrophe declared a 1 Pub. L. 101–73, 103 Stat. 183 (1989), as their State appraiser certifying or major disaster by the President in his amended by Pub. L. 102–233, 105 Stat. 1792 (1991), licensing agency) to perform appraisals declaration of April 8, 1997: Pub. L. 102–242, 105 Stat. 2386 (1991), Pub. L. 102– 550, 106 Stat. 3672 (1992), Pub. L. 102–485, 106 in other States. The counties of Aitkin, Anoka, Becker, Stat. 2771 (1992), Pub. L. 103–325, 108 Stat. 2222 The Senate Report to accompany S. Blue Earth, Carver, Dakota, Goodhue, Grant, (1994); and Pub. L. 104–208, 110 Stat. 2009 (1996). 1275, issued on October 28, 1994, by the 19756 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Senate Committee on Banking, Housing, individual appraisers; eight from trade to the out-of-State appraiser regarding and Urban Affairs, said: associations; six from State agencies; his or her temporary practice request; The Committee’s intent is to enable five from financial institutions; two • Requiring out-of-State appraisers qualified appraisers to practice in a from individual real estate requesting temporary practice to satisfy number of States without professionals; and one from a Federal the host State’s appraiser qualification anticompetitive restrictions. S. Rep. No. agency. requirements for certification which 103–169, 103d Cong., 2d Sess. 53 The commenters agreed that serious exceed the minimum required criteria (1994), reprinted in 1994 U.S. Code impediments to temporary practice and for certification adopted by the Cong. & Admin. News 1937. reciprocity exist, and that those Appraiser Qualifications Board Using this statement and the wording impediments warrant our action. In (‘‘AQB’’); of the amendments, we can define the connection with temporary practice, the • Imposing a time frame on out-of- ambiguous terms, ‘‘excessive fees’’ or comments noted that the most State certified appraisers to complete an ‘‘burdensome requirements,’’ in new significant impediments were: the need appraisal assignment in a federally § 1122(a)(2) and can interpret how they for an out-of-State appraiser to obtain, related transaction; • fit into the ASC’s existing enforcement and pay for, a ‘‘letter of good standing’’; Limiting out-of-State certified powers in Title XI. We also may the need for States to obtain from out- appraisers to a single temporary practice determine the meaning and application permit per calendar year; of-State appraisers signed consent to • of new paragraph (b) regarding local service forms; short time limits on Requiring temporary practitioners reciprocity. The paragraph’s language, the length of permits; the inability to to affiliate with an in-State certified or however, limits the ASC’s range of receive extensions of time on permits; licensed appraiser; • Failing to take regulatory interpretation because it only requires the granting of permits on a per property responsibility for a visiting appraiser’s us to ‘‘encourage’’ the States to develop or time basis, rather than on a per unethical, incompetent or fraudulent reciprocity agreements. assignment basis; and a general practices performed while within the II. Prior ASC Implementation Actions ‘‘protectionist’’ attitude on the part of State; and some State agencies. Respecting • Charging temporary practice fees A. The September 1995 Notice Soliciting reciprocity, the commenters pointed to Comment that impede temporary practice. The the widespread lack of uniformity in ASC will consider fees of $150 or less On September 12, 1995, the ASC State agency-approved education as reasonable. The ASC may ask State published a notice in the Federal courses for initial certification or agencies to justify temporary practice Register soliciting public comments on licensing and for continuing education fees. how it should implement § 315 of purposes and the significant length of CDRIA. See 60 FR 47365. This notice, We also stated that we may consider time often needed by States to process fees, acts and practices of the certified among other things, described applications for certification or Statements 5 and 6 of the ASC’s August or licensed appraiser’s home State to be licensing by reciprocity. ‘‘excessive fees’’ or ‘‘burdensome 4, 1993 Policy Statements Regarding Most commenters supported adoption State Certification and Licensing of Real requirements’’ if the home State delays, of the drivers license approach to or otherwise impedes, an appraiser from Estate Appraisers (‘‘1993 Policies’’), temporary practice and reciprocity. which respectively discussed temporary obtaining a temporary practice permit in Adopting this approach, however, another State. For example, the practice practice and reciprocity, described the would necessarily require us to pre- then-current status of temporary of delaying the issuance of a written empt conflicting State statutes, ‘‘letter of good standing’’ or similar practice and reciprocity and presented regulations and practices. We concluded several alternatives for discussion and document for more than five business that pre-emption would be days after the home State agency’s comment. Temporary practice and inappropriate. reciprocity alternatives included the receipt of the related request could be a ‘‘universal drivers license.’’ For details B. The October 21, 1996 Proposed Policy ‘‘burdensome requirement.’’ regarding the alternatives, see 60 FR Statement (‘‘Proposal’’) Finally, we indicated that the above 47365 (September 12, 1995). We listing would not be exclusive. The ASC The ASC published for public may find other excessive fees or additionally requested comments on all comment a proposed policy statement aspects of implementing the new burdensome practices while performing entitled, Policy Statement Respecting its State agency monitoring functions. legislation and welcomed variations or Temporary Practice and Reciprocity, in combinations of the discussed To help avoid such an occurrence, we the October 21, 1996 edition of the presented for discussion a ‘‘post card’’ alternatives or other alternatives. Federal Register (61 FR 54645). In Finally, we asked the following temporary practice registration form connection with temporary practice, the which would: (1) identify the appraiser questions. Proposal stated that we may consider (1) In your view, what are the most requesting temporary practice; (2) the following fees, acts and practices of serious impediments to temporary provide the starting date the appraiser the State of temporary practice to be practice or reciprocity? Please provide will be ‘‘in-State’’; (3) obtain ‘‘excessive fees’’ or ‘‘burdensome your best estimates of their costs in time affirmations that the appraiser currently requirements’’ under § 1122(b)(2) of and money, if possible. is not subject to any appraiser Title XI (12 U.S.C. 3351(b)): certification or licensure disciplinary (2) Do you believe that these • impediments warrant ASC action? Prohibiting temporary practice; proceeding in any State, and that his or (3) Are any of the alternatives • Requiring temporary practitioners her license or certificate is fully valid; presented * * * especially well suited to obtain a permanent certification or and (4) obtain the appraiser’s consent to to removing the impediments, and what license in the State of temporary service in the State of temporary are your reasons for your choice? practice; practice. For details, see 61 FR at 54647. (4) Do other alternatives exist? If so, • Taking more than five business Regarding reciprocity, we noted that, please describe them. days to issue a temporary practice pursuant to § 1122(b) of Title XI, 12 We received 46 comment letters in permit (if issuance is required under U.S.C. 3347(b), each State should work response to the Notice: 24 from State law) or to provide effective notice expeditiously and conscientiously with Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19757 other States with a view toward disagreed that the following were B. ‘‘Postcard’’ Temporary Practice satisfying the purposes of the statutory burdens on temporary practice: Registration Procedure language. We stated our intention to prohibiting temporary practice; State agency commenters monitor each State’s progress and requiring temporary practitioners to unanimously opposed the suggested encourage States to work out issues and obtain a permanent certification or postcard temporary practice registration difficulties whenever appropriate. We license in the State of temporary procedure. They noted that such a also specifically encouraged States to practice; requiring temporary procedure will result in administrative enter into reciprocal agreements that, at practitioners to affiliate with an in-State difficulties and would be a major a minimum, contain the following certified or licensed appraiser; limiting obstacle to taking regulatory features: out-of-State certified appraisers to a • responsibility for visiting certified or Accomplish reciprocity with at single temporary practice permit per licensed appraisers. The self-affirmation least all contiguous States. For States calendar year; and failing to take aspect of the suggested procedure would not sharing geographically contiguous regulatory responsibility for a visiting be especially troublesome because borders with any other State, such as appraiser’s unethical, incompetent or appraisers who are currently the subject Alaska and Hawaii, those States should fraudulent practices performed while of disciplinary action would not be the enter into reciprocity agreements with within the State. In addition, the best source of information concerning States that certify or license appraisers commenters agreed with our proposals their certification or licensure status. who perform a significant number of to encourage reciprocity, except with Upon further consideration, we agree appraisals in the non-contiguous States; respect to the proposal to eliminate the with the commenters and withdraw our • Eliminate the use of letters of good use of letters of good standing or similar suggestion. standing or similar documents; documents, as discussed below. • Readily accept other States’ C. Taking More Than Five Business certifications and licenses without The commenters fell into two broad Days to Issue a Temporary Practice reexamining applicants’ underlying camps. The State agencies emphasized Permit or to Provide Effective Notice to education and experience, provided that their duties to protect the public from the Out-of-State Appraiser Regarding the other State: (1) has appraiser illegal fraudulent and negligent His or Her Temporary Practice Request qualification criteria that meet the professional practitioners and argued for Most of the State agencies commented minimum standards for certification and more flexibility in administering their that five business days would seem to licensure as adopted by the AQB; and temporary practice and reciprocity be an acceptable time frame for (2) uses appraiser certification or programs. On the other hand, financial processing temporary practice requests. licensing examinations that are AQB institutions, their trade associations, the Many of those commenters noted, endorsed; appraisers and their professional • Eliminate retesting, provided that organizations and the other commenters however, that the time frame should the applicant has passed the appropriate generally desired the removal of all start running only after the requesting AQB-endorsed appraiser certification State restrictions on temporary practice appraiser has completed the submission and licensing examinations in the and reciprocity. Most stated their of his or her paperwork to the State appraiser’s home State; continuing support of the drivers agency. We agree with these comments • Recognize and accept successfully license approach, even though we and have modified the adopted policy completed continuing education courses clearly rejected that alternative in the accordingly. One State agency noted that it taken to qualify for license or Proposal. certification renewal in the appraiser’s probably could not meet such a short home State; and A. Proposal to Eliminate the Use of processing deadline in all cases because • Establish reciprocal licensing or Letters of Good Standing of limited staff resources and the State certification fees identical in amount to law requirement that it check every Commenters clearly stated their the corresponding fees for in-State request for a license or permit against opinion that the use of letters of good appraisers. another in-State department’s database We stated that, if adopted, the standing or similar documents must be of persons failing to make child support Proposal would amend and supersede allowed for reciprocity purposes, at payments. The commenter suggested our earlier guidance respecting least until we provide State agencies, that we analyze each State’s temporary temporary practice and reciprocity in financial institutions and other practice processing times, determine ‘‘Policy Statements 5 and 6 of the 1993 interested members of the public with medians and 95% probability intervals Policies.’’ an easy, reliable method of verifying nationwide and target States whose State certification and licensure, such as response times fall outside of the 95% III. Analysis of Comments Received placing the ASC’s National Registry of range. Twenty-four comments were received State Certified and Licensed Appraisers We remind State agencies that the from ten individual States agencies; an (‘‘Registry’’) on the Internet. The State five-day processing time period is a association of State agencies; two agencies noted their responsibility to policy, i.e., a guideline for measuring individual real estate appraisers; two protect the public by insuring that compliance; it is not law. We will be appraiser professional associations; four appraisers with suspended or revoked applying this policy, as well as the individual financial institutions; one licenses, or who have been disciplined others, in a flexible manner, taking into financial institutions trade association; in other States, are not permitted to consideration all pertinent facts. For one national accounting firm; and three cross State lines and continue to example, if a State agency receives a individual appraisers from one Federal practice. Therefore, the proposal to complete request for a temporary agency. eliminate letters of good standing for practice permit and makes a good faith All commenters agreed in principle reciprocity purposes is being dropped effort to process the request within five with the overall goals of Title XI to from immediate consideration. The ASC business days, but cannot because of a remove excessive temporary practice currently is working towards placing the delay resulting from the need to comply fees and burdensome requirements and Registry on the Internet. Once that is with other provisions of State law, then to encourage reciprocity. Indeed, no one accomplished, we will revisit this issue. we would view the State agency in 19758 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices substantial compliance with the five ‘‘assignment,’’ as used in Title XI. In with unique State qualification business day processing policy. The industry practice, an assignment means requirements clearly would be State agency also will need to take a contractual obligation to appraise one inconsistent with the intent of Congress. appropriate steps to inform the or more specific parcels of real estate. F. Failing To Take Regulatory requesting appraiser about the delay and And, an assignment, by its very nature, Responsibility for A Visiting Appraiser’s to provide the appraiser with a realistic is of finite duration and, therefore, estimate of when processing will be ‘‘temporary.’’ Therefore, even if a Unethical, Incompetent or Fraudulent completed. temporary practice permit is valid for Practices Performed While Within the six months after issuance, its validity State D. Imposing a Time Frame on Out-of- ends when the assignment is completed State Certified Appraisers to Complete Two comments were received or at the end of the six month period an Appraisal Assignment in a Federally regarding this proposal. The first (including any extension period), Related Transaction commenter noted that it was not aware whichever occurs first. of any instance where a host State failed Several commenters did not We also recognize that, at some point, to take appropriate action and suggested understand why setting a deadline for an appraiser may be abusing his or her that we initiate Federal legislation to completing an appraisal assignment right to temporary practice to the provide for Federal investigation and would be burdensome because most detriment of the State agency’s ability to prosecution. The commenter also stated assignments are completed in less than regulate its appraiser population that investigatory and disciplinary a month. They indicated that, to effectively and fairly. For example, a actions that can be taken in temporary regulate appraisers effectively, State State agency could determine that an practice situations are limited. agencies must have the flexibility to set assignment to appraise all commercial In exercising its oversight their own policies concerning properties within a county or other responsibility over State agencies, the temporary practice either using realistic significant political subdivision within ASC has become aware of instances time limits or by the listing of appraisal the State could be an abusive practice where host States either failed to take assignments or properties. and refuse to issue a temporary practice regulatory responsibility for the actions We agree in part with this statement permit to the requesting appraiser. In of temporary practitioners or were in that States must have the flexibility this case, a State agency could to set their own policies concerning confused about their regulatory determine that the proposed appraisal obligations in those circumstances. In temporary practice. And, we understand activity does not qualify as State agencies’ concerns about response, we issued Statement 10: ‘‘temporary,’’ as that term is commonly Enforcement in our 1993 Policies. This administering and justifying to resident understood and used in Title XI. appraisers a temporary practice program policy, in part, stated that the State which issues temporary practice permits E. Requiring Out-of-State Appraisers agency in the State of temporary for an indefinite duration. On the other Requesting Temporary Practice to practice needs to follow up on any hand, the need for State agency Satisfy Host State Appraiser complaints regarding the temporary flexibility is offset by Title XI, which Qualification Requirements for practicing appraiser’s appraisal not only created the right to temporary Certification That Exceed AQB activities within the State. If practice, but also required the ASC to Qualification Criteria appropriate, the host State agency ensure that the right to temporary Some commenters recommended that should begin a disciplinary proceeding practice not be unreasonably hindered out-of-State appraisers seeking to against the appraiser for violations by excessive fees or burdensome exercise their temporary practice rights occurring in its jurisdiction and should requirements. should be treated in exactly the same not just forward the complaint for We have learned through our State manner as resident appraisers, and, if follow up to the State agency in the agency oversight program that many the State has adopted higher minimum appraiser’s home State. We also stated State agencies limit the time frame of requirements for appraiser licensing or our expectations that the home State their temporary practice permits and certification, then the out-of-State agency would honor the findings and provide temporary practitioners with a appraisers should meet the State’s judgment of the State agency in the method of extending permit periods. We higher requirements. Any other result State of temporary practice and would have not objected to these features, would be unfair to the State’s resident take appropriate disciplinary action provided that the period limitation is appraisers. against the appraiser. not less than six-months and the While we understand the We understand that the State of method of extending a permit’s time commenters’ concerns, we disagree. temporary practice is somewhat limited frame is easy. We, therefore, are Title XI’s specific right to temporary in responding to unlawful activity of adopting policy language consistent practice for all certified or licensed temporary practitioners. We continue to with these comments. The new policy appraisers when performing appraisals expect that the appraiser’s home State prohibits State agencies from limiting in connection with federally related agency will grant full faith and credit to temporary practice permits to less than transactions was intended by Congress any findings and orders from six months. It also prohibits State to ensure that users of appraisal services disciplinary proceedings in the host agencies from failing to provide have quick access to needed appraisal State and will take appropriate action. temporary practitioners with at least one expertise, even if the expert is located The second commenter suggested extension of time, sufficient to complete out-of-State. Title XI’s temporary adding language to further clarify State the assignment, which will be effective practice provision struck a balance agency regulatory obligations. The new upon receipt of a written request by the between the desirability of maintaining language would require a host State State agency, provided that the request a free flow of appraisal expertise across agency to forward copies of available includes the appraiser’s reasons for the State lines and the legitimate need for evidence and disciplinary actions extension. State appraiser regulators to oversee against a visiting appraiser acting under The new policy does not conflict with appraisal activity within their respective a temporary practice permit to the our previous policies regarding the States. To require out-of-State appraisers appraiser’s home State agency and meaning of the terms, ‘‘temporary’’ and requesting temporary practice to comply would require the home State agency to Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19759 take appropriate disciplinary action relatively short amount of time and are Register. If a State or State agency when one of its certified or licensed authorized to perform only a limited believes that it cannot meet this appraisers are disciplined by another number of appraisal assignments. In deadline, it must notify the ASC State for improper practice under a addition, we understand that the immediately. The notification must be temporary practice permit. We agree number of appraisals performed by out- in writing and must include the specific that these clarifications will assist users of-State certified and licensed reasons for the request, the period of of appraisal services, State agencies and appraisers under temporary practice time requested and a definitive plan to appraisers by spelling out the roles of permits is very small when compared to accomplish compliance within the each State agency in cases of shared the number of appraisals performed by requested extension period. We will interests. Therefore, we are adopting resident State certified and licensed consider each request on a case-by-case them. appraisers. To force temporary basis. practitioners to share a State agency’s G. Charging Temporary Practice Fees costs on the same basis as resident VI. Conclusion That Impede Temporary Practice appraisers, in all likelihood, would On the basis of the foregoing, the ASC The ASC will consider fees of $150 or cause temporary practice fees to jump to adopts the Amended Policy Statements less as reasonable. The ASC may ask prohibitory levels, which would be Respecting Temporary Practice and State agencies to justify temporary unacceptable under Title XI. And, while Reciprocity, attached as Appendix A, to practice fees. a $150 or less temporary practice fee be effective immediately, subject to the We received three comments will do little to offset the costs of taking conditions discussed above. regarding temporary practice fees. The disciplinary action against a temporary Dated: April 16, 1997. first commenter suggested that practitioner, the same would be true, temporary practitioners should perhaps to a slightly lesser degree, with By the Appraisal Subcommittee. compensate the State agency on the respect to application and renewal fees Herbert S. Yolles, same basis as the in-State appraisers. submitted by resident appraisers. In the Chairman. The commenter saw no reason why an end, because every State must provide Appendix A—Amended Policy appraiser should work from three the right to temporary practice and must months to a year within a State, cause Statements Respecting Temporary comply with Title XI compliance Practice and Reciprocity the State to incur processing and requirements, temporary practice monitoring costs, and possibly compliance costs should even out. April 23, 1997. responding to complaints, without We note that the proposed policy This document amends Appraisal paying their fair share of fees. In sum, essentially incorporated an existing ASC Subcommittee (‘‘ASC’’) Policy in-State appraisers should not subsidize policy that has been applied Statements 5 and 6, which the ASC out-of-State temporary appraisers. The consistently during the ASC’s State adopted in August 1993. The changes to second commenter noted that $150 is agency on-site review program. In these Policy Statements implement little enough to begin an investigation numerous field review letters to State amendments to Section 1122(a) of Title and falls far short of paying the agencies during the last three years, we XI of the Financial Institutions Reform, investigator, let alone fees for an expert have noted when States were charging Recovery and Enforcement Act of 1989. witness and prosecuting attorney. The $100 or more for a temporary practice The amendments added subparagraph commenter concluded that the permit and have requested them to (2) (12 U.S.C. 3351(a)(2)) pertaining to temporary practice fee should be no less justify the fee level. We are increasing temporary practice and paragraph (b) than the fee paid by resident appraisers. this threshold to over $150, on the basis (12 U.S.C. 3351(b)) regrading The final commenter suggested changes of empirical data gathered in our State reciprocity, which state: in the policy’s wording which did not agency oversight program. (2) Fees for temporary practice. A significantly affect the policy’s We, therefore, are adopting the policy State appraiser certifying or licensing substance. as proposed. agency shall not impose excessive fees We agree that temporary practitioners or burdensome requirements, as should be required to pay a fair fee to IV. Form of Policy Amendments determined by the Appraisal exercise their temporary practice rights, Rather than issuing a separate, new Subcommittee, for temporary practice and that the fee generally should be policy statement, both amending and under this subsection. based on costs. We believe, however, superseding Policy Statements 5 and 6 that, as discussed above, temporary of the 1993 Policies, we decided to * * * * * practitioners have special status under restate and amend Statements 5 and 6. (b) Reciprocity. The Appraisal Title XI which requires them to be Retaining the original format and Subcommittee shall encourage the treated somewhat differently than home keeping all ASC guidance regarding States to develop reciprocity agreements State appraisers. Provided that an temporary practice and reciprocity in that readily authorize appraisers who appraiser’s certificate or license is in one place should facilitate the are licensed or certified in one State good standing in his or her home State readability and comprehension of the (and who are in good standing with and the appraiser pays the appropriate amended policies. their State appraiser certifying or fee, a host State agency essentially is licensing agency) to perform appraisals required by Title XI to issue the V. Effective Date in other States. temporary practice permit. The State We are adopting amended Statements Policy Statements 5 and 6, as agency does not review the appraiser’s 5 and 6 effective immediately. We, amended, follow: however, recognize that a number of appraisal education or experience, and Statement 5: Temporary Practice no significant staff resources are States and their State agencies may expended. require additional time to comply with Title XI requires a State agency to In addition, we disagree with the them. The ASC expects those States and recognize on a temporary basis the commenter’s statements regarding State agencies to attain full compliance certification or license of an appraiser relative compliance costs. Temporary within one year from the date this from another State provided: (1) The practitioners are within the State for a document is published in the Federal property to be appraised is part of a 19760 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices federally related transaction; (2) the • Limiting out-of-State certified Finally, some State agencies have appraiser’s business is of a temporary appraisers to a single temporary practice sought to require that an appraiser nature; and (3) the appraiser registers permit per calendar year; register for temporary practice if the with the State appraiser regulatory • Requiring temporary practitioners appraiser is certified or licensed in agency in the State of temporary to affiliate with an in-State certified or another State, performs a technical practice. Thus, a certified or licensed licensed appraiser; review of an appraisal in that other State appraiser from State A, who has an • Failing to take regulatory and changes, or is authorized to change, assignment concerning a federally responsibility for a visiting appraiser’s a value in the appraisal. The ASC, related transaction in State B, has a unethical, incompetent or fraudulent however, has concluded that for statutory right to enter State B, register practices performed while within the federally related transactions the review with the State agency in State B and State; appraiser need not register for perform the assignment. Title XI does • After taking disciplinary action temporary practice or otherwise be not require State B to offer temporary against a visiting appraiser, failing to subjected to the regulatory jurisdiction practice to persons who are not certified forward copies of available evidence of the State agency in which the or licensed appraisers, including and final disciplinary orders promptly appraisal was performed, so long as the appraiser assistants not under the direct to the appraiser’s home State agency; review appraiser does not perform the supervision of an appraiser certified or and technical review in the State within licensed in State A. An out-of-State • Charging a temporary practice fee which the property is located. certified or licensed appraiser should exceeding $150. * * * * * register for temporary practice before In addition, the ASC will consider the Statement 6: Reciprocity beginning to perform an appraisal following fees, acts and practices of the assignment in connection with a certified or licensed appraiser’s home Many interested parties have federally related transaction. State to be excessive or burdensome: commented that reciprocity is at least as The ASC believes the ‘‘temporary’’ is • Delaying the issuance of a written critical as temporary practice. Under best measured by one or more specific ‘‘letter of good standing’’ or similar reciprocal arrangements, an appraiser appraisal assignments. For temporary document for more than five business who is certified or licensed in State A practice purposes, the ASC regards the days after the home State agency’s and is also reciprocally certified or term ‘‘assignment’’ as meaning one or receipt of the related request; and licensed in State B must comply with more real estate appraisals and written • Failing to take appropriate both States’ appraiser laws, including appraisal reports which are covered by disciplinary action when one of its those requiring the payment of a contract to provide an appraisal. certified or licensed appraisers is certification, licensing and Federal Title XI also states that a State disciplined by another State agency for registry fees and continuing education. appraiser certifying or licensing agency unethical, incompetent or fraudulent Indeed, the appraiser for all intents and purposes is treated as if he or she were shall not impose excessive fees or practices under a temporary practice separately certified or licensed in each burdensome requirements, as permit. determined by the ASC, for temporary of the States. This listing is not exclusive. The ASC Methods for providing reciprocity practice. The ASC considers the may find other excessive fees or vary from State to State. Some States following fees, acts and practices of the burdensome practices while performing may implement formal agreements with State of temporary practice to be its State agency monitoring functions. other States, whereby a certified or ‘‘excessive fees’’ or ‘‘burdensome An out-of-State certified or licensed licensed appraiser in good standing requirements’’: appraiser must comply with the host from one State applies for, and is • Prohibiting temporary practice; State’s real estate appraisal statutes and • granted, certification or licensing in the Requiring temporary practitioners regulations. Each appraiser who other States upon submission to the to obtain a permanent certification or receives temporary practice registration other States of a copy of his or her license in the State of temporary is subject to the State’s full regulatory credentials, a statement of good practice; jurisdiction and is governed by the • standing, a consent for service of suit Taking more than five business State’s statutes and regulations and the payment of appropriate fees. days (after receipt of a complete respecting appraiser certification or Other States, without a formal temporary practice registration request) licensing. However, the out-of-State agreement, but with similar to issue a temporary practice permit (if appraiser should be treated like any documentation requirements, may grant issuance is required under State law) or other appraiser within the State who the requested certificate or license upon to provide effective notice to the out-of- wishes to perform an appraisal in a the payment of the second State’s fee. State appraiser regarding the status of federally related transaction. Still other States may accept the his or her temporary practice request; A State agency may establish by examination of other States, but require • Requiring out-of-State appraisers statute or regulation a policy that places the remainder of the application to be requesting temporary practice to satisfy reasonable limits on the number of completed by the applicant and the host State’s appraiser qualification times an out-of-State certified or reviewed by the State agency. requirements for certification which licensed appraiser may exercise his or Reciprocity’s main benefit is that exceed the minimum required criteria her temporary practice rights in a given appraisers who qualify for certification for certification adopted by the year. If such an overall policy is not or licensing in one State may freely Appraiser Qualifications Board established, a State agency may choose cross into another State without needing (‘‘AQB’’); not to honor an out-of-State certified or to ‘‘register’’ for each appraisal Limiting the valid time period of a licensed appraiser’s temporary practice assignment in the other State. Therefore, temporary practice permit to less than rights if it has made a determination a duly certified or licensed appraiser in six months after its issuance date or not that the appraiser is abusing his or her one State can be recognized as such in providing a temporary practitioner with temporary practice rights and is each of the other States in which he or an effortless method of obtaining an regularly engaging in real estate she is licensed or certified by extension of the time period; appraisal within the State. reciprocity. Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19761

Section 1122(b) of Title XI, 12 U.S.C. Interested parties can review or obtain of ocean freight forwarders, effective on 3347(b), states that the ASC shall copies of agreements at the Washington, the corresponding revocation dates encourage the States to develop DC offices of the Commission, 800 shown below: reciprocity agreements that readily North Capitol Street, N.W., Room 962. License Number: 3956. authorize appraisers who are licensed or Interested parties may submit comments Name: Celadon-Jacky Maeder certified in one State (and who are in on an agreement to the Secretary, Company. good standing with their State appraiser Federal Maritime Commission, Address: 590 Belleville Turnpike, certifying or licensing agency) to Washington, DC 20573, within 10 days Building 26, Kearny, NJ 07032. perform appraisals in other States. Each of the date this notice appears in the Date Revoked: March 17, 1997. State should work expeditiously and Federal Register. Reason: Surrendered license conscientiously with other States with a Agreement No.: 202–010689–066. voluntarily. view toward satisfying the purposes of Title: Transpacific Westbound Rate License Number: 1825. the statutory language. The ASC Agreement. Name: International U.T.S., Ltd. monitors each State’s progress and Parties: Address: 4500 Fait Avenue, encourages States to work out issues American President Lines, Ltd. Baltimore, MD 21224. and difficulties whenever appropriate. Hapag-Lloyd Container Linie GmbH Date Revoked: March 23, 1997. The ASC encourages States to enter Kawasaki Kisen Kaisha, Ltd. Reason: Failed to maintain a valid into reciprocal agreements that, at a A.P. Moller-Maersk Line surety bond. minimum, contain the following Mitsui O.S.K. Lines, Ltd. License Number: 3102. features: Neptune Orient Lines, Ltd. Name: Kyung H. (Harry) Oh d/b/a ITL • Accomplish reciprocity with at Nippon Kaisha Yusen, Ltd. Shipping Company. least all contiguous States. For States Orient Overseas Container Line, Inc. Address: 451 East Carson Plaza Drive, P&O Nedlloyd Limited not sharing geographically contiguous Suite 201, Carson, CA 90746. P&O Nedlloyd B.V. borders with any other State, such as Date Revoked: March 27, 1997. Sea-Land Service, Inc. Alaska and Puerto Rico, those States Reason: Failed to maintain a valid Synopsis: The parties are amending should enter into reciprocity agreements surety bond. their agreement to extend indefinitely with States that certify or license License Number: 3585. appraisers who perform a significant the authority to take independent action (‘‘IA’’) on three business days’ Name: Pan Am Cargo, Inc. number of appraisals in the non- Address: 5523 N.W. 72nd Avenue, contiguous States; notice for cargo of unusual • dimensions, where the IA rate will Miami, FL 33166. Readily accept other States’ Date Revoked: April 9, 1997. certifications and licenses without remain in effect for 60 days or less. Agreement No.: 203–011569. Reason: Failed to maintain a valid reexamining applicants’ underlying surety bond. education and experience, provided that Title: Amazonas Service Agreement. the other State: (1) has appraiser Parties: Bryant L. VanBrakle, qualification criteria that meet or exceed Di Gregorio Navegorio Navegacao Director, Bureau of Tariffs, Certification and the minimum standards for certification Ltda. Licensing. Amazon Lines Limited. and licensure as adopted by the AQB; [FR Doc. 97–10548 Filed 4–22–97; 8:45 am] Synopsis: The proposed Agreement and (2) uses appraiser certification or BILLING CODE 6730±01±M permits the parties to enter into a licensing examinations that are AQB cooperative working arrangement that endorsed; includes space charter, equipment • Eliminate retesting, provided that FEDERAL MARITIME COMMISSION interchange, sailing, and voluntary the applicant has passed the appropriate rate making authority in the trades Ocean Freight Forwarder License AQB-endorsed appraiser certification between U.S. ports and inland points Applicants and licensing examinations in the and ports and inland points in Brazil, appraiser’s home State; including Amazon River ports. The Notice is hereby given that the • Recognize and accept successfully parties have requested short review. following applicants have filed with the completed continuing education courses Federal Maritime Commission Dated: April 18, 1997. taken to qualify for license or applications for licenses as ocean freight certification renewal in the appraiser’s By Order of the Federal Maritime forwarders pursuant to section 19 of the Commission. home State; and Shipping Act of 1984 (46 U.S.C. app. • Establish reciprocal licensing or Joseph C. Polking, 1718 and 46 CFR 510). certification fees identical in amount to Secretary. Persons knowing of any reason why the corresponding fees for in-State [FR Doc. 97–10546 Filed 4–22–97; 8:45 am] any of the following applicants should appraisers. BILLING CODE 6730±01±M not receive a license are requested to * * * * * contact the Office of Freight Forwarders, [FR Doc. 97–10545 Filed 4–22–97; 8:45 am] Federal Maritime Commission, FEDERAL MARITIME COMMISSION BILLING CODE 6201±01±M Washington, DC 20573. Ocean Freight Forwarder License Century Express, 5 Lehigh Drive, Revocations Smithtown, NY 11787 FEDERAL MARITIME COMMISSION Officer: The Federal Maritime Commission John Debetta, President Notice of Agreement(s) Filed hereby gives notice that the following Hyzoom Express Co, 203 S. Hampton freight forwarder licenses have been Street, Anaheim, CA 92804 The Commission hereby gives notice revoked pursuant to section 19 of the Mi Son Kim, of the filing of the following Shipping Act of 1984 (46 U.S.C. app. Sole Proprietor agreement(s) under the Shipping Act of 1718) and the regulations of the AA Freight Forwarders, Inc., 2618 N.W. 1984. Commission pertaining to the licensing 112th Avenue, Miami, FL 33172 19762 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Officers: 1. Community Financial Corp., Board of Governors of the Federal Reserve Edward J. Lee, President Edgewood, Iowa; to acquire up to 100 System, April 17, 1997. Mattielee V. Tatum, Vice President percent of the voting shares of Jennifer J. Johnson, Valley Cargo International Inc., 7032 Community Savings Bank, Robins, Iowa. Deputy Secretary of the Board. N.W. 50 Street, Miami, FL 33166 B. Federal Reserve Bank of [FR Doc. 97–10480 Filed 4–22–97; 8:45 am] Officers: Minneapolis (Karen L. Grandstrand, BILLING CODE 6210±01±F Rodrigo Rincon, Director Vice President) 250 Marquette Avenue, Victor Hugo Sierra, Owner Minneapolis, Minnesota 55480-2171: Seaborne International, Inc., 11222 La FEDERAL RESERVE SYSTEM Cienega Boulevard, Suite 620, 1. First Bank System, Inc., Minneapolis, Minnesota; to merge with Inglewood, CA 90304 Sunshine Act Meeting Officers: U.S. Bancorp, Portland, Oregon, and Steven A. Robinson, President thereby indirectly acquire U.S. National AGENCY HOLDING THE MEETING: Board of Brian Anstey, Executive Vice Bank of Oregon, Portland, Oregon; U.S. Governors of the Federal Reserve President Bank of Washington, N.A., Seattle, System. Washington; U.S. Bank of Nevada, Reno, Dated: April 17, 1997. TIME AND DATE: 11:00 a.m., Monday, Nevada; U.S. Bank of Utah, Salt Lake Joseph C. Polking, April 28, 1997. City, Utah; U.S. Bank of Idaho, Boise, PLACE: Marriner S. Eccles Federal Secretary. Idaho; U.S. Bank of California, [FR Doc. 97–10547 Filed 4–22–97; 8:45 am] Reserve Board Building, C Street Sacremento, California; First State Bank entrance between 20th and 21st Streets, BILLING CODE 6730±01±M of Oregon, Canby, Oregon; Sun Capital N.W., Washington, D.C. 20551. Bank, St. George, Utah; and Business & STATUS: Closed. Professional Bank, Woodland, FEDERAL RESERVE SYSTEM California. MATTERS TO BE CONSIDERED: In connection with this application, 1. Personnel actions (appointments, Formations of, Acquisitions by, and Applicant also has applied to acquire Mergers of Bank Holding Companies promotions, assignments, West One Trust Company d/b/a U.S. reassignments, and salary actions) The companies listed in this notice Bank Trust Company, Salt Lake City, involving individual Federal Reserve have applied to the Board for approval, Utah; LNB Corp., Alameda, California; System employees. pursuant to the Bank Holding Company and U.S. Bank Trust Company, 2. Any items carried forward from a Act of 1956 (12 U.S.C. 1841 et seq.) Portland, Oregon, and thereby engage in previously announced meeting. personal and institutional trust and (BHC Act), Regulation Y (12 CFR Part CONTACT PERSON FOR MORE INFORMATION: 225), and all other applicable statutes fiduciary activities, pursuant to § Mr. Joseph R. Coyne, Assistant to the and regulations to become a bank 225.25(b)(3) of the Board’s Regulation Y; Board; (202) 452–3204. You may call holding company and/or to acquire the U.S. Bancorp Insurance Agency, Inc., (202) 452–3207, beginning at assets or the ownership of, control of, or Portland, Oregon, and thereby engage in approximately 5 p.m. two business days the power to vote shares of a bank or insurance agency activities, pursuant to before this meeting, for a recorded bank holding company and all of the §§ 225.25(b)(8)(i) and (vii) of the Board’s announcement of bank and bank banks and nonbanking companies Regulation Y.; U.S. Trade Services, Inc., holding company applications owned by the bank holding company, Portland, Oregon, and thereby engage in scheduled for the meeting. letter of credit issuing and paying and including the companies listed below. Dated: April 18, 1997. The applications listed below, as well related letter of credit processing Jennifer J. Johnson, as other related filings required by the activities, pursuant to § 225.25(b)(1)(iv) Board, are available for immediate of the Board’s Regulation Y; West One Deputy Secretary of the Board. inspection at the Federal Reserve Bank Life Insurance Company, Portland, [FR Doc. 97–10581 Filed 4–18–97; 8:45 am] indicated. Once the application has Oregon, and thereby indirectly engage BILLING CODE 6210±01±P been accepted for processing, it will also in credit reinsurance activities, pursuant be available for inspection at the offices to § 225.25(b)(8)(i) of the Board’s of the Board of Governors. Interested Regulation Y; CBI Mortgage, Modesto, DEPARTMENT OF HEALTH AND persons may express their views in California, and thereby engage in HUMAN SERVICES writing on the standards enumerated in mortgage banking activities, pursuant to Office of the Secretary the BHC Act (12 U.S.C. 1842(c)). If the § 225.25(b)(1)(iii) of the Board’s proposal also involves the acquisition of Regulation Y; Compass Group, Inc., Agency Information Collection a nonbanking company, the review also Spokane, Washington, and thereby Activities: Proposed Collections; includes whether the acquisition of the engage in investment advisory services, Comment Request nonbanking company complies with the pursuant to § 225.25(b)(4) of the Board’s standards in section 4 of the BHC Act. Regulation Y; Island Bancorp Leasing, The Department of Health and Human Unless otherwise noted, nonbanking Inc., Alameda, California, and thereby Services, Office of the Secretary will activities will be conducted throughout engage in leasing and equipment periodically publish summaries of the United States. financing, pursuant to § 225.25(b)(5) of proposed information collections Unless otherwise noted, comments the Board’s Regulation Y. Applicant also projects and solicit public comments in regarding each of these applications has applied to acquire numerous compliance with the requirements of must be received at the Reserve Bank partnerships and thereby engage in Section 3506(c)(2)(A) of the Paperwork indicated or the offices of the Board of community development activities, Reduction Act of 1995. To request more Governors not later than May 16, 1997. pursuant to § 225.25(b)(6) of the Board’s information on the project or to obtain A. Federal Reserve Bank of Chicago Regulation Y. Applicant also has a copy of the information collection (James A. Bluemle, Vice President) 230 applied pursuant to § 211.33(a) of the plans and instruments, call the OS South LaSalle Street, Chicago, Illinois Board’s Regulation K to acquire U.S. Reports Clearance Officer on (202) 690– 60690-1413: Trade Corporation, Portland, Oregon. 6207. Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19763

Comments are invited on: (a) Whether Provisions—Total Number of submitted regarding the switch from the proposed collection of information Respondents: 454; Annual Frequency of prescription to over-the-counter status is necessary for the proper performance Response: three times; Average Burden of new drug application (NDA) 16–640/ of the functions of the agency, including per Response: 1 hour; Estimated Annual S072, Questran Powder whether the information shall have Burden for Additional Payment (cholestyramine resin) and NDA 19– practical utility; (b) the accuracy of the Requirement: 1,362 hours—Total 669/S020, Questran Light agency’s estimate of the burden of the Burden: 3,906 hours. (cholestyramine resin with aspartame), proposed collection of information; (c) Send comments to Cynthia Agens Bristol Myers Squibb, for the reduction ways to enhance the quality, utility and Bauer, OS Reports Clearance Officer, of elevated serum cholesterol. clarity of the information to be Room 503H, Humphrey Building, 200 Procedure: The meeting is open to the collected; and (d) ways to minimize the Independence Avenue S.W., public. Interested persons may present burden of the collection of information Washington, DC 20201. Written data, information, or views, orally or in on respondents, including through the comments should be received within 60 writing, on issues pending before the use of automated collection techniques days of this notice. committee. Written submissions may be or other forms of information Dated: April 15, 1997. made to the contact person by May 8, technology. Dennis P. Williams, 1997. Those desiring to make formal Proposed Projects: Public Health Deputy Assistant Secretary, Budget. presentations should notify the contact Service Acquisition Regulation— [FR Doc. 97–10503 Filed 4–22–97; 8:45 am] person before May 8, 1997, and submit PHSAR Part 380—Special Program BILLING CODE 4150±04±M a brief statement of the general nature of Requirements Affecting PHS the evidence or arguments they wish to Acquisitions, and Part 352—Solicitation present, the names and addresses of Provisions and Contract Clauses—0990– DEPARTMENT OF HEALTH AND proposed participants, and an 0128—Extension—This clearance HUMAN SERVICES indication of the approximate time request addresses recordkeeping and requested to make their presentation. reporting requirements in the Public Food and Drug Administration Notice of this meeting is given under Health Service Acquisition Regulation the Federal Advisory Committee Act (5 Advisory Committee; Notice of Meeting (PHSAR) for acquisitions involving U.S.C. app. 2). safety and health, drugs and medical AGENCY: Food and Drug Administration, Dated: April 17, 1997. supplies, reusable cylinders, laboratory HHS. Michael A. Friedman, animals and the Indian Self- ACTION: Notice. Determination Act. Respondents: State Deputy Commissioner for Operations. or local governments, Businesses or This notice announces a forthcoming [FR Doc. 97–10476 Filed 4–22–97; 8:45 am] other for-profit, non-profit institutions, meeting of a public advisory committee BILLING CODE 4160±01±F Small businesses; Burden Information of the Food and Drug Administration for Drugs and Medical Supplies—Total (FDA). The meeting will be open to the Number of Respondents: 50; Annual public. DEPARTMENT OF HEALTH AND Name of Committee: Nonprescription Frequency of Response: three times; HUMAN SERVICES Drugs Advisory Committee with Average Burden per Response: 2 hours; Representation from the Endocrinologic Food and Drug Administration Estimated Annual Burden for Drugs and and Metabolic Drugs Advisory Medical Supplies Requirement: 300 Committee. Advisory Committee; Notice of Meeting hours—Burden Information for Indian General Function of the Committee: Self-Determination Act—Total Number The committee reviews and evaluates AGENCY: Food and Drug Administration, of Respondents: 591; Annual Frequency available data concerning the safety and HHS. of Response: one time; Average Burden effectiveness of over-the-counter ACTION: Notice. per Response: 2 hours; Estimated (nonprescription) human drug products Annual Burden for Indian Self- for use in the treatment of a broad This notice announces a forthcoming Determination Act Requirement: 1,182 spectrum of human symptoms and meeting of a public advisory committee hours—Burden Information for Reusable diseases. of the Food and Drug Administration Cylinders—Total Number of Date and Time: The meeting will be (FDA). The meeting will be open to the Respondents: 16; Annual Frequency of held on May 13, 1997, 8:30 a.m. to 5 public. Response: five times; Average Burden p.m. An open public hearing portion is Name of the Committee: Peripheral per Response: 1 hour; Estimated Annual scheduled from 8:30 a.m. to 9:30 a.m. and Central Nervous System Drugs Burden for Reusable Cylinders Location: Holiday Inn—Bethesda, Advisory Committee. Requirement: 80 hours—Burden Versailles Ballrooms I and II, 8120 General Function of the Committee: Information for Laboratory Animals— Wisconsin Ave., Bethesda, MD. The committee reviews and evaluates Total Number of Respondents: 51; Contact Person: Andrea Neal or Angie data on the safety and effectiveness of Annual Frequency of Response: one Whitacre, Center for Drug Evaluation marketed and investigational human time; Average Burden per Response: 10 and Research (HFD–21), Food and Drug drugs for use in neurological disease. hours; Estimated Annual Burden for Administration, 5600 Fishers Lane, Laboratory Animals Requirement: 510 Rockville, MD 20857, 301–443–5455, or Date and Time: The meeting will be hours—Burden Information for Safety FDA Advisory Committee Information held on May 8, 1997, 8:30 a.m. to 5 p.m. and Health—Total Number of Line, 1–800–741–8138 (301–443–0572 An open public hearing portion is Respondents: 59; Annual Frequency of in the Washington, DC area), code scheduled from 1 p.m. to 2 p.m. Response: one time; Average Burden per 12541. Please call the Information Line Location: Holiday Inn—Bethesda, Response: 8 hours; Estimated Annual for up-to-date information on this Versailles Ballrooms I, II, and III, 8120 Burden for Health and Safety meeting. Wisconsin Ave., Bethesda, MD. Requirement: 472 hours—Burden Agenda: The committee will hear Contact Person: Ermona B. Information for Additional Payment presentations and discuss data McGoodwin or Danyiel D’Antonio, 19764 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Center for Drug Evaluation and Research SUMMARY: This notice announces a for use in the prevention and treatment (HFD–21), Food and Drug forthcoming meeting of a public of a broad spectrum of human diseases. Administration, 5600 Fishers Lane, advisory committee of the Food and Agenda—Open public hearing. Rockville, MD 20857, 301–443–5455, or Drug Administration (FDA). This notice Interested persons may present data, FDA Advisory Committee Information also summarizes the procedures for the information, or views, orally or in Line, 1–800–741–8138 (301–443–0572 meeting and methods by which writing, on issues pending before the in the Washington, DC area), code interested persons may participate in committee. Those desiring to make 12543. Please call the Information Line open public hearings before FDA’s formal presentations should notify the for up-to-date information on this advisory committees. contact person before April 29, 1997, and submit a brief statement of the meeting. FDA has established an Advisory general nature of the evidence or Agenda: The committee will discuss Committee Information Hotline (the arguments they wish to present, the the safety and effectiveness of new drug hotline) using a voice-mail telephone  names and addresses of proposed application (NDA) 20–654 Myotrophin system. The hotline provides the public participants, and an indication of the (human mecasermin (recombinant with access to the most current approximate time required to make their deoxyribonucleic acid (DNA) origin) information on FDA advisory committee Injection, Cephalon-Chiron Partners) for comments. meetings. The advisory committee Open committee discussion. The the treatment of amyotrophic lateral hotline, which will disseminate current sclerosis (ALS). committee will discuss the site visit information and information updates, review report for the Laboratory of Procedure: The meeting is open to the can be accessed by dialing 1–800–741– public. Interested persons may present Molecular Medical Genetics and the 8138 or 301–443–0572. Each advisory research program of an individual in the data, information, or views, orally or in committee is assigned a 5-digit number. writing, on issues pending before the Division of Cellular and Gene Therapy. This 5-digit number will appear in each Closed committee deliberations. The committee. Written submissions should individual notice of meeting. The be made to the contact person by May committee will discuss the intramural hotline will enable the public to obtain scientific research program. This 2, 1997. Those desiring to make formal information about a particular advisory presentations should notify the contact portion of the meeting will be closed to committee by using the committee’s 5- prevent disclosure of personal person before May 2, 1997, and submit digit number. Information in the hotline a brief statement of the general nature of information concerning individuals is preliminary and may change before a associated with the research program, the evidence or arguments they wish to meeting is actually held. The hotline present, the names and addresses of disclosure of which would constitute a will be updated when such changes are clearly unwarranted invasion of proposed participants, and an made. indication of the approximate time personal privacy (5 U.S.C. 552b(c)(6)). MEETING: The following advisory Each public advisory committee requested to make their presentation. meeting listed above may have as many FDA regrets that it was unable to committee meeting is announced: as four separable portions: (1) An open publish this notice 15 days prior to the Biological Response Modifiers public hearing, (2) an open committee May 8, 1997, Peripheral and Central Advisory Committee discussion, (3) a closed presentation of Nervous System Drugs Advisory data, and (4) a closed committee Committee meeting. Because the agency Date, time, and place. May 6, 1997, 3 deliberation. Every advisory committee believes there is some urgency to bring p.m., National Institutes of Health meeting shall have an open public this issue to public discussion and Campus, Bldg. 29, conference room 121, hearing portion. Whether or not it also qualified members of the Peripheral and 8800 Rockville Pike, Bethesda, MD includes any of the other three portions Central Nervous System Drugs Advisory 20852. will depend upon the specific meeting Committee were available at this time, Type of meeting and contact person. involved. The dates and times reserved the Commissioner concluded that it was This meeting will be held by a for the separate portions of each in the public interest to hold this telephone conference call. A speaker committee meeting are listed above. meeting even if there was not sufficient telephone will be provided in the The open public hearing portion of time for the customary 15-day public conference room to allow public the meeting(s) shall be at least 1 hour notice. participation in the meeting. Open long unless public participation does Notice of this meeting is given under public hearing, 3 p.m. to 4 p.m., unless not last that long. It is emphasized, the Federal Advisory Committee Act (5 public participation does not last that however, that the 1 hour time limit for U.S.C. app. 2). long; open committee discussion, 4 p.m. an open public hearing represents a Dated: April 18, 1997. to 4:30 p.m.; closed committee minimum rather than a maximum time Michael A. Friedman, deliberations, 4:30 p.m. to 5:30 p.m.; for public participation, and an open Deputy Commissioner for Operations. William Freas or Rosanna L. Harvey, public hearing may last for whatever [FR Doc. 97–10541 Filed 4–22–97; 8:45 am] Center for Biologics Evaluation and longer period the committee Research (HFM–21), Food and Drug BILLING CODE 4160±01±F chairperson determines will facilitate Administration, 1401 Rockville Pike, the committee’s work. Rockville, MD 20852, 301–827–0314, or Public hearings are subject to FDA’s DEPARTMENT OF HEALTH AND FDA Advisory Committee Information guideline (subpart C of 21 CFR part 10) HUMAN SERVICES Hotline, 1–800–741–8138 (301–443– concerning the policy and procedures 0572 in the Washington, DC area), for electronic media coverage of FDA’s Food and Drug Administration Biological Response Modifiers Advisory public administrative proceedings, Committee, code 12388. including hearings before public Advisory Committee; Notice of Meeting General function of the committee. advisory committees under 21 CFR part AGENCY: Food and Drug Administration, The committee reviews and evaluates 14. Under 21 CFR 10.205, HHS. data relating to the safety, effectiveness, representatives of the electronic media and appropriate use of biological may be permitted, subject to certain ACTION: Notice. response modifiers which are intended limitations, to videotape, film, or Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19765 otherwise record FDA’s public compiled for law enforcement purposes; Dated: April 16, 1997. administrative proceedings, including information the premature disclosure of Michael A. Friedman, presentations by participants. which would be likely to significantly Deputy Commissioner for Operations. Meetings of advisory committees shall frustrate implementation of a proposed [FR Doc. 97–10478 Filed 4-22-97; 8:45 am] be conducted, insofar as is practical, in agency action; and information in BILLING CODE 4160±01±F accordance with the agenda published certain other instances not generally in this Federal Register notice. Changes relevant to FDA matters. in the agenda will be announced at the Examples of portions of FDA advisory DEPARTMENT OF HEALTH AND beginning of the open portion of a HUMAN SERVICES meeting. committee meetings that ordinarily may Any interested person who wishes to be closed, where necessary and in Food and Drug Administration be assured of the right to make an oral accordance with FACA criteria, include presentation at the open public hearing the review, discussion, and evaluation Advisory Committee; Notice of Meeting of drafts of regulations or guidelines or portion of a meeting shall inform the AGENCY: similar preexisting internal agency Food and Drug Administration, contact person listed above, either orally HHS. or in writing, prior to the meeting. Any documents, but only if their premature ACTION: Notice. person attending the hearing who does disclosure is likely to significantly not in advance of the meeting request an frustrate implementation of proposed SUMMARY: This notice announces a opportunity to speak will be allowed to agency action; review of trade secrets forthcoming meeting of a public make an oral presentation at the and confidential commercial or advisory committee of the Food and hearing’s conclusion, if time permits, at financial information submitted to the Drug Administration (FDA). This notice the chairperson’s discretion. agency; consideration of matters also summarizes the procedures for the The agenda, the questions to be involving investigatory files compiled meeting and methods by which addressed by the committee, and a for law enforcement purposes; and interested persons may participate in current list of committee members will review of matters, such as personnel open public hearings before FDA’s be available at the meeting location on records or individual patient records, advisory committees. the day of the meeting. where disclosure would constitute a FDA has established an Advisory Transcripts of the open portion of the clearly unwarranted invasion of Committee Information Hotline (the meeting may be requested in writing personal privacy. hotline) using a voice-mail telephone from the Freedom of Information Office (HFI–35), Food and Drug Examples of portions of FDA advisory system. The hotline provides the public Administration, 5600 Fishers Lane, rm. committee meetings that ordinarily shall with access to the most current 12A–16, Rockville, MD 20857, not be closed include the review, information on FDA advisory committee approximately 15 working days after the discussion, and evaluation of general meetings. The advisory committee meeting, at a cost of 10 cents per page. preclinical and clinical test protocols hotline, which will disseminate current The transcript may be viewed at the and procedures for a class of drugs or information and information updates, Dockets Management Branch (HFA– devices; consideration of labeling can be accessed by dialing 1–800–741– 305), Food and Drug Administration, requirements for a class of marketed 8138 or 301–443–0572. Each advisory 12420 Parklawn Dr., rm. 1–23, drugs or devices; review of data and committee is assigned a 5-digit number. Rockville, MD 20857, approximately 15 information on specific investigational This 5-digit number will appear in each working days after the meeting, between or marketed drugs and devices that have individual notice of meeting. The the hours of 9 a.m. and 4 p.m., Monday previously been made public; hotline will enable the public to obtain through Friday. Summary minutes of presentation of any other data or information about a particular advisory the open portion of the meeting may be information that is not exempt from committee by using the committee’s 5- requested in writing from the Freedom public disclosure pursuant to the FACA, digit number. Information in the hotline of Information Office (address above) as amended; and, deliberation to is preliminary and may change before a beginning approximately 90 days after formulate advice and recommendations meeting is actually held. The hotline the meeting. to the agency on matters that do not will be updated when such changes are The Commissioner has determined for independently justify closing. made. the reasons stated that those portions of MEETING: The following advisory FDA regrets that it was unable to committee meeting is announced: the advisory committee meetings so publish this notice 15 days prior to the designated in this notice shall be closed. May 6, 1997, Biological Response Ear, Nose, and Throat Devices Panel The Federal Advisory Committee Act Modifiers Advisory Committee meeting. of the Medical Devices Advisory (FACA) (5 U.S.C. app. 2, 10(d)), permits Because the agency believes there is Committee such closed advisory committee some urgency to bring this issue to meetings in certain circumstances. Date, time, and place. May 21, 1997, public discussion and qualified Those portions of a meeting designated 8 a.m., Gaithersburg Hilton, Ballroom, members of the Biological Response as closed, however, shall be closed for 620 Perry Pkwy., Gaithersburg, MD. A Modifiers Advisory Committee were the shortest possible time, consistent limited number of overnight available at this time, the Commissioner with the intent of the cited statutes. accommodations have been reserved at The FACA, as amended, provides that concluded that it was in the public the hotel. Attendees requiring overnight a portion of a meeting may be closed interest to hold this meeting even if accommodations may contact the hotel where the matter for discussion involves there was not sufficient time for the at 301–977–8900 and reference the FDA a trade secret; commercial or financial customary 15-day public notice. Panel meeting block. Reservations will information that is privileged or This notice is issued under section be confirmed at the group rate based on confidential; information of a personal 10(a)(1) and (a)(2) of the Federal availability. Attendees with a disability nature, disclosure of which would be a Advisory Committee Act (5 U.S.C. app. requiring special accommodations clearly unwarranted invasion of 2), and FDA’s regulations (21 CFR part should contact Christie Wyatt, KRA personal privacy; investigatory files 14) on advisory committees. Corp., 301–495–1591, ext. 224. The 19766 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices availability of special accommodations long unless public participation does The Commissioner has determined for cannot be assured unless prior not last that long. It is emphasized, the reasons stated that those portions of notification is received. however, that the 1 hour time limit for the advisory committee meetings so Type of meeting and contact person. an open public hearing represents a designated in this notice shall be closed. Open public hearing, 8 a.m. to 9:15 a.m., minimum rather than a maximum time The Federal Advisory Committee Act unless public participation does not last for public participation, and an open (FACA) (5 U.S.C. app. 2, 10(d)), permits that long; open committee discussion, public hearing may last for whatever such closed advisory committee 9:15 a.m. to 4 p.m.; closed committee longer period the committee meetings in certain circumstances. deliberations, 4 p.m. to 5 p.m.; Marilyn chairperson determines will facilitate Those portions of a meeting designated N. Flack, Center for Devices and the committee’s work. as closed, however, shall be closed for Radiological Health (HFZ–470), Food Public hearings are subject to FDA’s the shortest possible time, consistent and Drug Administration, 9200 guideline (subpart C of 21 CFR part 10) with the intent of the cited statutes. Corporate Blvd., Rockville, MD 20850, concerning the policy and procedures The FACA, as amended, provides that 301–594–2080, or FDA Advisory for electronic media coverage of FDA’s a portion of a meeting may be closed Committee Information Hotline, 1–800– public administrative proceedings, where the matter for discussion involves 741–8138 (301–443–0572 in including hearings before public a trade secret; commercial or financial Washington, DC area), Ear, Nose, and advisory committees under 21 CFR part information that is privileged or Throat Devices Panel, code 12522. 14. Under 21 CFR 10.205, confidential; information of a personal Please call the hotline for information representatives of the electronic media nature, disclosure of which would be a concerning any possible changes. may be permitted, subject to certain clearly unwarranted invasion of General function of the committee. limitations, to videotape, film, or personal privacy; investigatory files The committee reviews and evaluates otherwise record FDA’s public compiled for law enforcement purposes; data on the safety and effectiveness of administrative proceedings, including information the premature disclosure of marketed and investigational devices presentations by participants. which would be likely to significantly and makes recommendations for their Meetings of advisory committees shall frustrate implementation of a proposed regulation. be conducted, insofar as is practical, in agency action; and information in Agenda—Open public hearing. accordance with the agenda published certain other instances not generally Interested persons may present data, in this Federal Register notice. Changes relevant to FDA matters. information, or views, orally or in in the agenda will be announced at the writing, on issues pending before the beginning of the open portion of a Examples of portions of FDA advisory committee. Those desiring to make meeting. committee meetings that ordinarily may formal presentations should notify the Any interested person who wishes to be closed, where necessary and in contact person before May 5, 1997 and be assured of the right to make an oral accordance with FACA criteria, include submit a brief statement of the general presentation at the open public hearing the review, discussion, and evaluation nature of the evidence or arguments portion of a meeting shall inform the of drafts of regulations or guidelines or they wish to present, the names and contact person listed above, either orally similar preexisting internal agency addresses of proposed participants, and or in writing, prior to the meeting. Any documents, but only if their premature an indication of the approximate time person attending the hearing who does disclosure is likely to significantly required to make their comments. not in advance of the meeting request an frustrate implementation of proposed Open committee discussion. The opportunity to speak will be allowed to agency action; review of trade secrets committee will discuss a premarket make an oral presentation at the and confidential commercial or approval application that seeks to hearing’s conclusion, if time permits, at financial information submitted to the substantiate the safety and effectiveness the chairperson’s discretion. agency; consideration of matters of a cochlear implant for use in children The agenda, the questions to be involving investigatory files compiled ages 2 years to 17 years. addressed by the committee, and a for law enforcement purposes; and Closed committee deliberations. FDA current list of committee members will review of matters, such as personnel staff will present to the committee trade be available at the meeting location on records or individual patient records, secret and/or confidential commercial the day of the meeting. where disclosure would constitute a information regarding present and Transcripts of the open portion of the clearly unwarranted invasion of future FDA issues. This portion of the meeting may be requested in writing personal privacy. meeting will be closed to permit from the Freedom of Information Office Examples of portions of FDA advisory discussion of this information (5 U.S.C. (HFI–35), Food and Drug committee meetings that ordinarily shall 552b(c)(4)). Administration, 5600 Fishers Lane, rm. not be closed include the review, Each public advisory committee 12A–16, Rockville, MD 20857, discussion, and evaluation of general meeting listed above may have as many approximately 15 working days after the preclinical and clinical test protocols as four separable portions: (1) An open meeting, at a cost of 10 cents per page. and procedures for a class of drugs or public hearing, (2) an open committee The transcript may be viewed at the devices; consideration of labeling discussion, (3) a closed presentation of Dockets Management Branch (HFA– requirements for a class of marketed data, and (4) a closed committee 305), Food and Drug Administration, drugs or devices; review of data and deliberation. Every advisory committee 12420 Parklawn Dr., rm. 1–23, information on specific investigational meeting shall have an open public Rockville, MD 20857, approximately 15 or marketed drugs and devices that have hearing portion. Whether or not it also working days after the meeting, between previously been made public; includes any of the other three portions the hours of 9 a.m. and 4 p.m., Monday presentation of any other data or will depend upon the specific meeting through Friday. Summary minutes of information that is not exempt from involved. The dates and times reserved the open portion of the meeting may be public disclosure pursuant to the FACA, for the separate portions of each requested in writing from the Freedom as amended; and, deliberation to committee meeting are listed above. of Information Office (address above) formulate advice and recommendations The open public hearing portion of beginning approximately 90 days after to the agency on matters that do not the meeting(s) shall be at least 1 hour the meeting. independently justify closing. Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19767

This notice is issued under section 301–443–5455, or FDA Advisory Notice of this meeting is given under 10(a)(1) and (a)(2) of the Federal Committee Information Line, 1–800– the Federal Advisory Committee Act (5 Advisory Committee Act (5 U.S.C. app. 741–8138 (301–443–0572 in the U.S.C. app. 2). 2), and FDA’s regulations (21 CFR part Washington, DC area), code 12518. Dated: April 17, 1997. 14) on advisory committees. Please call the Information Line for up- Michael A. Friedman, to-date information on this meeting. Dated: April 16, 1997. Deputy Commissioner for Operations. Michael A. Friedman, Agenda: On May 8, 1997, the [FR Doc. 97–10479 Filed 4–22–97; 8:45 am] Deputy Commissioner for Operations. subcommittee will discuss the safety of BILLING CODE 4160±01±F [FR Doc. 97–10477 Filed 4–22–97; 8:45 am] the individual ingredients menthol, BILLING CODE 4160±01±F thymol, methyl salicylate, and eucalyptol, and continue its discussion DEPARTMENT OF HEALTH AND of the effectiveness of these ingredients. HUMAN SERVICES DEPARTMENT OF HEALTH AND The subcommittee will also discuss zinc HUMAN SERVICES citrate. In addition, there will be Food and Drug Administration continued discussion and/or summaries [Docket No. 97D±0164] Food and Drug Administration and voting on the ingredients cetylpyridinium chloride, Microdent, Positron Emission Tomography Drug Advisory Committee; Notice of Meeting sodium lauryl sulfate, and C31G- Products; Draft Guidance for Industry Therasol . AGENCY: Food and Drug Administration, on Content and Format of an HHS. On May 9, 1997, the subcommittee Abbreviated New Drug Application; Availability ACTION: Notice. will discuss the safety and effectiveness of the combination of hydrogen This notice announces a forthcoming peroxide and povidone iodine, and the AGENCY: Food and Drug Administration, meeting of a public advisory committee effectiveness of the combination of HHS. of the Food and Drug Administration hydrogen peroxide, sodium citrate, zinc ACTION: Notice. (FDA). The meeting will be open to the chloride, and sodium lauryl sulfate. SUMMARY: The Food and Drug public. There will also be continued discussion Administration (FDA) is announcing the Name of the Committee: Dental Drug and/or summaries and voting on the availability of a draft guidance Products Panel Plaque Subcommittee ingredients xylitol, sodium bicarbonate, document entitled ‘‘Guidance for (Nonprescription Drugs) of the Medical and the combination of hydrogen Industry: Content and Format of an Devices Advisory Committee, code peroxide and sodium bicarbonate. In Abbreviated New Drug Application 12518. addition, the subcommittee will discuss (ANDA)—Positron Emission General Function of the Committee: general recommendations for antiplaque Tomography (PET) Drug Products.’’ This The committee reviews and evaluates combination ingredients. draft guidance is intended to assist data on the safety and effectiveness of Procedure: The meeting is open to the applicants who wish to submit an marketed and investigational devices public. Interested persons may present ANDA for Fludeoxyglucose F18 and makes recommendations for their data, information, or views, orally, or in Injection. The draft guidance is one of regulation. The Dental Products Panel of writing, on issues pending before the several topics to be discussed at an the Medical Devices Advisory committee. Written submissions may be April 28, 1997, FDA workshop on PET Committee functions at times as a made to the contact person by April 30, radiopharmaceutical drug products. The nonprescription drugs advisory panel. 1997. Those desiring to make formal agency is requesting comments on this As such, the committee reviews and presentations should notify the contact draft guidance. evaluates available data concerning the person before April 30, 1997, and safety and effectiveness of active DATES: Written comments may be submit a brief statement of the general ingredients, and combinations thereof, submitted on the draft guidance nature of the evidence or arguments of various currently marketed document by June 28, 1997. General they wish to present, the names and nonprescription drug products for comments on agency guidance addresses of proposed participants, and human use, the adequacy of their documents are welcomed at any time. an indication of the approximate time labeling, and advises the Commissioner ADDRESSES: Submit written requests for requested to make their presentation. of Food and Drugs on the issuance of single copies of the draft guidance monographs establishing conditions FDA regrets that it was unable to document to the Drug Information under which these drugs are generally publish this notice 15 days prior to the Branch (HFD–210), Center for Drug recognized as safe and effective and not May 8 and 9, 1997, Dental Drug Evaluation and Research, Food and misbranded. Products Panel Plaque Subcommittee Drug Administration, 5600 Fishers Date and Time: The meeting will be (Nonprescription Drugs) of the Medical Lane, Rockville, MD 20857. Send two held on May 8 and 9, 1997, 8:30 a.m. to Devices Advisory Committee meeting. self-addressed adhesive labels to assist 5 p.m. Open public hearing portions are Because the agency believes there is that office in processing your request. scheduled from 8:30 a.m. to 12 m. on some urgency to bring this issue to Submit written comments to the May 8, 1997, and from 8:30 a.m. to 12 public discussion and qualified Dockets Management Branch (HFA– m. on May 9, 1997. members of the Dental Drug Products 305), Food and Drug Administration, Location: Ramada Inn—Bethesda, Panel Plaque Subcommittee 12420 Parklawn Dr., rm. 1–23, Ambassador Ballroom, 8400 Wisconsin (Nonprescription Drugs) of the Medical Rockville, MD 20857. Requests and Ave., Bethesda, MD. Devices Advisory Committee were comments should be identified with the Contact Person: Andrea G. Neal or available at this time, the Commissioner docket number found in brackets in the LaNise S. Giles, Center for Drug concluded that it was in the public heading of this document. A copy of the Evaluation and Research (HFD–21), interest to hold this meeting even if draft guidance document and received Food and Drug Administration, 5600 there was not sufficient time for the comments will be available for public Fishers Lane, Rockville, MD 20857, customary 15-day public notice. examination in the Dockets 19768 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Management Branch between 9 a.m. and such approach satisfies the requirement These grants are awarded under the 4 p.m., Monday through Friday. of the applicable statute, regulations, or provisions of Part C of Title XXVI of the FOR FURTHER INFORMATION CONTACT: both. Public Health Service (PHS) Act, as Peter Rickman, Center for Drug Interested persons may submit written amended by the Ryan White CARE Act Evaluation and Research (HFD–615), comments on the draft guidance Amendments of 1996, Public Law 104– Food and Drug Administration, 5600 document to the Dockets Management 146 (42 U.S.C. 300ff–51—300ff–67). Fishers Lane, Rockville, MD 20857, Branch (address above). Two copies of The PHS is committed to achieving 301–594–0315. any comments are to be submitted, the health promotion and disease SUPPLEMENTARY INFORMATION: FDA is except that individuals may submit one prevention objectives of Healthy People announcing the availability of a draft copy. Comments are to be identified 2000, a PHS-led national activity for guidance document entitled ‘‘Guidance with the docket number found in setting health priorities. This grant for Industry: Content and Format of an brackets in the heading of this program is related to the objectives cited Abbreviated New Drug Application document. The draft guidance for special populations, particularly (ANDA)—Positron Emission document and received comments also people with low income, minorities, Tomography (PET) Drug Products.’’ PET may be seen in the office above between and the disabled, which constitute a is a medical imaging modality used to 9 a.m. and 4 p.m., Monday through significant portion of the homeless assess the body’s biochemical processes. Friday. population. Potential applicants may An electronic version of this draft Radionuclides are manufactured into obtain a copy of Healthy People 2000 guidance is available on the Internet PET radiopharmaceutical drug products (Full Report; Stock No. 017–001–00474– using the World Wide Web (http:// that are administered to patients for 0) or Healthy People 2000 (Summary www.fda.gov/cder/guidance.htm). medical imaging. The images of the Report; Stock No. 017–001–00473–1) body’s biochemical processes are then Dated: April 18, 1997. through the Superintendent of evaluated, generally for diagnostic William K. Hubbard, Documents, Government Printing purposes. Associate Commissioner for Policy Office, Washington, D.C. 20402–9325 Under section 505(j) of the Federal Coordination. (telephone 202–783–3238). Food, Drug, and Cosmetic Act (21 U.S.C. [FR Doc. 97–10542 Filed 4–22–97; 8:45 am] PHS strongly encourages all grant and 355(j)), ANDA’s may be submitted for BILLING CODE 4160±01±F contract recipients to provide a smoke- drug products that are the same as a free workplace and promote the non-use listed drug, i.e., identical in active of all tobacco products. In addition, ingredient(s), dosage form, strength, DEPARTMENT OF HEALTH AND Public Law 103–227, the Pro-Children route of administration and conditions HUMAN SERVICES Act of 1994, prohibits smoking in of use, except for those uses for which certain facilities (or in some cases, any approval cannot be granted because of Health Resources and Services portion of a facility) in which regular or exclusivity, or for which an existing Administration routine education, library, day care, patent may be omitted (21 CFR 314.92). health care or early childhood Because a new drug application (NDA) Availability of Funds for Planning Grants To Establish Comprehensive development services are provided to for Fludeoxyglucose F18 Injection (NDA children. 20–306) was approved on August 19, HIV Primary Health Care Services; The DUE DATE: 1994, for the identification of regions of Ryan White Comprehensive AIDS Applications are due on May abnormal glucose metabolism associated Resources Emergency Act of 1990, as 23, 1997. Applications will be with foci of epileptic seizures, ANDA’s Amended by the Ryan White CARE Act considered to have met the deadline if may be submitted for drug products that Amendments of 1996 they are: (1) received on or before the are the same as this reference listed drug deadline date; or (2) postmarked on or AGENCY: Health Resources and Services before the established deadline date and product and for the same use. The Administration, HHS. purpose of the draft guidance document received in time for orderly processing. ACTION: Availability of Grants to Applicants should request a legibly is to assist applicants who wish to Support Planning Activities To submit an ANDA for Fludeoxyglucose dated U.S. Postal Service postmark or Establish Comprehensive Primary obtain a legibly dated receipt from a F18 Injection. The draft guidance is one Health Care Services with Respect to of several issues to be discussed at an commercial carrier or U.S. Postal Human Immunodeficiency Virus (HIV) Service. Private metered postmarks are April 28, 1997, FDA workshop on PET Disease. radiopharmaceutical drug products. The not acceptable as proof of timely mailing. Applications postmarked after workshop, which will be held in SUMMARY: The Health Resources and Rockville, MD, was announced in the Services Administration (HRSA) the announced closing date will not be Federal Register on March 14, 1997 (62 announces that applications will be considered for funding. FR 12218). Other issues to be discussed accepted for fiscal year (FY) 1997 ADDRESSES: Application kits (Form PHS at the workshop include: Registration discretionary grants to support 5161–1) with revised face sheet DHHS and listing requirements, chemistry and communities and health care service Form 424, as approved by the Office of manufacturing controls, sterility entities in their preparations to provide Management and Budget under control assurance, bioequivalence requirements, a high quality and broad, number 0937–0189 may be obtained and labeling. comprehensive scope of primary health from, and completed applications This guidance document represents care services for people in underserved should be mailed to HRSA Grants the agency’s current thinking on the areas who are living with HIV or at risk Application Center, 40 West Gude content and format of an ANDA for PET of infection. The Ryan White Title III Drive, Suite 100, Rockville, MD 20850 radiopharmaceutical drug products. It HIV Planning Grants are intended to (telephone: 1–888–300–4772). The does not create or confer any rights for, assist health care service entities to Bureau of Primary Health Care’s Office or on, any person and does not operate qualify for grant support under the Ryan of Grants Management can also provide to bind FDA or the public. An White Title III Early Intervention assistance on business management alternative approach may be used if Services Program. issues, and can be reached at 4350 East- Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19769

West Highway, Bethesda, MD 20814 strengthened. Proposed planning plan and the degree to which (telephone: 301–594–4235). activities should address the coordination with other funding FOR FURTHER INFORMATION CONTACT: requirements for the Ryan White Title sources is well documented. For general information and technical III Early Intervention Services Program, —The extent to which the applicant assistance, contact Dr. Deborah Parham as specified in the statute (sections demonstrates the active inclusion of of the HIV Primary Care Programs 2651, 2661 and 2662 of the PHS Act). people living with HIV/AIDS, or the Branch, Division of Programs for Special Grant recipients are expected to: organizations that represent them, in Populations, Bureau of Primary Health engage and coordinate suitable the planning and evaluation process. Care, 4350 East-West Highway, community organizations to plan for —The adequacy and completeness of Bethesda, MD 20814 (telephone: 301– HIV primary care services; conduct an proposed evaluation activities, which 594–4444). initial HIV/AIDS primary care needs are designed to ensure that goals and assessment for the proposed service objectives are achieved in a timely SUPPLEMENTARY INFORMATION: area; develop a plan of action to address manner and that the planning process Number of Awards priority needs; and undertake the is effective. necessary preparations to become Other Award Information It is anticipated that approximately 13 operational. Related to these endeavors, grants will be awarded, ranging from Ryan White Title III Planning Grant Public Health System Reporting approximately $25,000 up to $50,000 recipients may also strengthen their Requirements: Under these each year for a two-year project period. organizational capability in clinical, requirements (approved by the Office of The awarding of Ryan White Title III administrative, managerial, fiscal and Management and Budget 0937–0195), HIV Planning Grants will not obligate MIS structures. the community-based nongovernmental the HRSA to support applicants for The expected outcome of this grant applicant must prepare and submit a additional Planning Grants or for future program is either that (1) grant Public Health System Impact Statement operational funding. Continuation recipients become prepared, through the (PHSIS). The PHSIS is intended to awards for the second year will be made planning process, to offer provide information to State and local subject to the availability of funds and comprehensive HIV primary care health officials to keep them apprised of the satisfactory progress in the previous services to their communities; or (2) proposed health services grant year toward meeting the goals and grant recipients lead a process of applications submitted by community- objectives of the proposed planning community development, at the based nongovernmental organizations process. conclusion of which other health care within their jurisdictions. Community- Eligible Applicants entities emerge as the most appropriate based nongovernmental applicants are and capable service providers of required to submit the following Eligible applicants are public or comprehensive HIV primary care, and information to the head of the nonprofit private entities who are not become prepared to offer such services appropriate State and local health currently grant recipients of the Ryan to their communities. agencies in the area(s) to be impacted no White Title III Early Intervention later than the Federal application Criteria for Evaluating Applications Services Program. In awarding the receipt due date: grants, preference will be given to Competitive applications for HIV (1) A copy of the face page of the entities that provide primary care Planning Grant support will be application (SF 424). services in rural or underserved evaluated in accordance with the (2) A summary of the project, not to communities. following criteria: exceed one page, which provides: The HIV Planning Grant is intended —The need in the community for (a) A description of the population to to assist health care service entities to assistance, based on the 2-year period be served, qualify for grant support under the Ryan preceding the proposed grant period. (b) A summary of the services to be White Title III Early Intervention In awarding the grants, preference provided, and Services Program. Eligible applicants for will be given to applicants who (c) A description of the coordination that grant program are public or private, provide primary care services in rural undertaken and planned with the nonprofit entities that are: current or underserved areas where emerging appropriate Federal, State and local primary care service providers to or ongoing HIV issues have not been health agencies. populations at risk for HIV disease; adequately addressed. Applicants The Program to Provide Outpatient community health centers under must present a compelling case for Early Intervention Services with Respect Section 330 of the PHS Act; migrant grant support by drawing the to HIV Disease, of which the Ryan health centers under Section 330(g) of connection between the services that White Title III HIV Planning Grant is a the PHS Act; health care for the they hope to establish and the subpart, has been determined to be a homeless grantees under Section 330(h) significant disease burden and need program which is subject to the of the PHS Act; family planning for HIV primary care services among provisions of Executive Order 12372 grantees under Section 1001 of the PHS underserved populations in their concerning intergovernmental review of Act, other than states; comprehensive communities. Federal programs by appropriate health hemophilia diagnostic and treatment —The adequacy, scope and planning agencies, as implemented by centers; or federally qualified health completeness of the proposed 45 CFR Part 100. Executive Order 12372 centers under section 1905(1)(2)(B) of planning activities. allows States the option of setting up a the Social Security Act. —The applicant’s role in the community system for reviewing applications from and the extent to which proposed within their States for assistance under Project Requirements actions can reasonably assure certain Federal programs. The Funds are to be used to mobilize and effective collaboration with potential application packages to be made organize community resources, and to partners, including other Federal available under this notice will contain strengthen organizational capacity so Ryan White programs. a listing of States which have chosen to that HIV comprehensive primary health —The degree to which the proposed set up a review system and will provide care services can be established or budget is appropriate to the program a State point of contact (SPOC) in the 19770 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

State for the review. Applicants (other considered late if they do not meet the Program. A third approach is through than federally-recognized Indian tribal above criteria; late applications will be projects funded under the Rural governments) should contact their SPOC returned to the sender. Telemedicine Grant Program. This as early as possible to alert them to the ADDRESSES: Completed applications program announcement pertains only to prospective applications and receive must be sent to HRSA GRANTS the Rural Telemedicine Grant Program. any necessary instructions on the State APPLICATION CENTER, 40 West Gude (The Federal Register Notice for the process. For proposed projects serving Drive, Suite 100, Rockville, MD 20850. Rural Health Outreach and Rural more than one State, the applicant is FOR FURTHER INFORMATION CONTACT: Network Development Program was advised to contact the SPOC of each Requests for technical or programmatic published December 13, 1996. affected State. The due date for State information on this announcement Applications were due March 31, 1997). Rural residents in the United States process recommendations is 60 days should be directed to Cathy Wasem or often lack access to a range of health after the appropriate deadline dates. The Amy Barkin, Office of Rural Health services—from basic preventive services BPHC does not guarantee that it will Policy, HRSA, 5600 Fishers Lane, Room to highly specialized services—that accommodate or explain its responses to 9–05, Rockville, MD 20857, (301) 443– would enable them to prevent, recover State process recommendations received 0835, [email protected] or from, or cope with disease and after the date. (See ‘‘Intergovernmental [email protected]. Requests for disability. Consistent with the Review of Federal Programs’’, Executive information regarding business or fiscal legislation, the Office of Rural Health Order 12372, and 45 CFR part 100 for issues should be directed to Martha Policy (ORHP) views integrated health a description of the review process and Teague, Office of Grants Management, requirements.) care delivery systems or networks as a Bureau of Primary Health Care, HRSA, means to stabilize and integrate fragile (The OMB Catalog of Federal Domestic West Tower, 11th Floor, 4350 East West Assistance number for this program is rural health care systems with more Highway, Bethesda, MD 20814, (301) sustainable, comprehensive delivery 93.918.) 594–4258. Dated: April 17, 1997. networks. ORHP believes that SUPPLEMENTARY INFORMATION: telemedicine has the potential to Claude Earl Fox, facilitate the development of integrated Application Packet Acting Administrator. health care networks, thereby fostering [FR Doc. 97–10473 Filed 4–22–97; 8:45 am] The standard application form and improved access to quality health care BILLING CODE 4160±15±P general instructions for completing services and reducing the isolation of applications (Form PHS–5161–1 rural practitioners. [Revised 5/96], OMB #0937–0189) have The goal of ORHP’s Rural DEPARTMENT OF HEALTH AND been approved by the Office of Telemedicine Grant Program is to HUMAN SERVICES Management and Budget. To receive an improve access to quality health application kit call toll-free: HRSA Health Resources and Services services for rural residents and reduce GRANTS APPLICATION CENTER at 1– Administration the isolation of rural practitioners 888–300–HRSA. Individuals in rural through the use of telemedicine Rural Telemedicine Grant Program areas where the 1–888 number cannot technologies. be dialed should call the operator and The two objectives of the Rural AGENCY: Health Resources and Services ask that the operator connect them to 1– Telemedicine Grant Program are: (1) To Administration (HRSA), HHS. 888–300–4772. demonstrate how telemedicine can be ACTION: Notice of availability of funds. used as a tool in developing integrated Authority systems of health care, thereby SUMMARY: The Office of Rural Health Grants for these projects are improving access to health services for Policy, HRSA, announces that authorized under section 330A of the rural individuals across the lifespan and applications are being accepted for Public Health Service (PHS) Act as reducing the isolation of rural health Rural Telemedicine Grants to facilitate amended by the Health Centers care practitioners; and (2) to evaluate development of rural health care Consolidation Act of 1996, Public Law the feasibility, costs, appropriateness, networks through the use of 104–299. Awards will be made from and acceptability of rural telemedicine telemedicine and develop a baseline of funds appropriated under Public Law services and technologies. Such information for the systematic 104–208 (HHS Appropriation Act for FY evaluation is needed to determine how evaluation of telemedicine systems 1997). best to organize and provide serving rural areas. Legislative and Program Background telemedicine services in a sustainable DATES: Applications for the program manner. must be received by the close of Section 330A of the PHS Act, as Under its Rural Telemedicine Grant business on June 20, 1997. Applications amended by Pub. L. 104–299, authorizes Program, ORHP funded eleven shall be considered as meeting the the Rural Health Outreach, Network telemedicine projects in fiscal year 1994 deadline if they are either (1) received Development and Telemedicine Grant for a period of three years. Building on on or before the deadline date at the Program. Grants supported under this the lessons learned from these first address noted below; or (2) postmarked program are to ‘‘expand access to, telemedicine grantees, new grantees will on or before the deadline date and coordinate, restrain the cost of, and be expected to further the development received by the granting agency in time improve the quality of essential health of integrated health care networks by for the independent review. Applicants care services, including preventive and using telemedicine to increase access to must request a legibly dated U.S. Postal emergency services, through the a wide range of clinical services based Service postmark or obtain a legibly development of integrated health care on community need. dated receipt from a commercial carrier delivery systems or networks in rural or the U.S. Postal Service in lieu of a areas and regions.’’ Two approaches to Funds Available postmark. Private metered postmarks achieve these goals are through projects Approximately $4 million is available shall not be acceptable as proof of funded under the Rural Health Outreach for the Rural Telemedicine Grant timely mailing. Applications are and the Rural Network Development program in FY 1997. The Office of Rural Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19771

Health Policy expects to make professionals provide consultations or Clinical Services approximately 10–14 new awards. whose faculty supervise or precept An applicant must meet the following Applicants may propose project periods health professions students for clinical programmatic requirements for clinical of up to three years. However, care at rural facilities) and spokes (i.e., services: applicants are advised that continued entities whose professionals or patients (1) It must provide a minimum of funding of grants beyond FY 1997 is receive consultations). Some entities seven (7) clinical telemedicine services subject to the availability of funds and may function as both a hub and a spoke. over the network, one of which must be grantee performance. No project will be The network may have additional the stabilization of patients in supported for more than three years. members who do not directly receive or emergency situations. Not all services The budget period for new projects will provide consultations, but who foster need be provided to all sites. begin September 30, 1997. access to and coordination of services, (2) The applicant and its network such as area agencies on aging and Size of Awards members should select the other six (6) providers under the WIC program. services to be provided. These services Individual grant awards under this Rural spokes may be health care must be based on documented needs of notice will be limited to $400,000 facilities or places in which health care the communities to be served. (including direct and indirect costs) per is provided such as schools and homes. (3) In addition to emergency year. It is anticipated that existing Examples of spoke sites include rural stabilization services, at least two of the telemedicine networks would come in hospitals, clinics, nursing homes, grant-funded services provided by the for smaller grant awards, because the mental health centers, homes, public telemedicine network must be network would already have some health clinics, school-based clinics, consultant services provided by equipment and would be supporting assisted living facilities, senior citizen physician specialists. some personnel. Overall, applications housing, and centers for the (4) All services provided with funding for smaller amounts are strongly developmentally disabled. from this grant program must be encouraged. available from the multispecialty entity Program Requirements Definitions on a 24-hour-a-day basis unless there is Telemedicine Network a strong justification for services being For the purposes of this grant program available less than 24 hours-a-day. An In order to compete for the program, the following definitions apply: entity is considered capable of applicants must participate in a Telemedicine: Telemedicine is the use providing specialty consultations 24- telemedicine network that includes at of telecommunication and information hours-a-day if they have specialists on- least three members: (1) a multispecialty technologies for the clinical care of call. patients, including patient counseling entity (i.e., hub) located in an urban or and clinical supervision/preceptorship rural area that can provide 24-hour-a- System Design of medical residents and health day access to a range of specialty health All members of a telemedicine professions students, when such care; and (2) at least two rural health network will be required to be supervising or precepting involves facilities (i.e., spokes), which may electronically linked, for at least e-mail direct patient care. include small rural hospitals (fewer services, by the ninth month of the first The definition does not include than 100 staffed beds), rural physician budget period. didactic distance education, such as offices, rural health clinics, rural Whenever possible, telemedicine lectures that are designed solely to community health centers and rural systems should be designed with an instruct health care students, personnel nursing homes. For the purposes of this open architecture, fostering or patients, and in which no clinical grant program, a multispecialty entity interoperability with other telemedicine care is provided. may be a tertiary care hospital, a systems. Telemedicine Clinical Consultation: A multispecialty clinic, or a collection of Telemedicine systems should be telemedicine clinical consultation is a facilities that, combined, could provide designed using the least costly, most person-to-person interaction relating to 24-hour-a-day specialty consultations. efficient technology to meet the the clinical condition or treatment of a A telemedicine network is identified need(s). patient. It is the process by which a characterized by a partnership among its ORHP grant recipients will be clinical service is delivered. The members that is evidenced by each expected, during the first nine months consultation may be interactive (i.e., in member’s: (1) resource contribution; (2) of the first budget period, to develop a real-time) or asynchronous (i.e., using specific network role; (3) active set of protocols for each of the clinical store-and-forward technology). planning and programmatic services to be provided using Professionals from a variety of health participation; (4) long-term commitment telemedicine. care disciplines may be involved in to the project; and (5) signature on a providing and/or receiving signed, dated memorandum of Evaluation and Data Collection consultations including, but not limited agreement. An applicant must submit a plan for to: physicians, physician assistants, Applicants are encouraged to include evaluating the telemedicine services it nurses, nurse practitioners, nurse- other types of members in their network provides and monitoring its own midwives, clinical nurse specialists, such as mental health clinics, public performance, as well as participate in an dentists, dental hygienists, physical health clinics and departments, school- ORHP-sponsored evaluation of therapists, occupational therapists, based clinics, emergency service telemedicine services. The ORHP- speech therapists, clinical providers, health professions schools, sponsored activities may include psychologists, clinical social workers, home health providers, and social maintaining a data-log provided by substance abuse counselors, podiatrists, service programs such as area agencies ORHP and collecting data, completing optometrists, dieticians/nutritionists, on aging and providers under the WIC surveys, and participating in on-site pharmacists, optometrists, EMTs, etc. program. Preference will be given to observations by independent evaluators. Telemedicine Network: A applicants whose networks meet the The ORHP-sponsored data activities telemedicine network is comprised of statutory preference noted in the will be subject to OMB approval under hubs (i.e., entities whose health care ‘‘Statutory Preference Section.’’ the Paperwork Reduction Act of 1995. 19772 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Funding Requirements be used to pay for the indirect costs Statutory Funding Preference associated with carrying out the Use of Grant Funds As provided in section 330A of the purposes of such grant. Grant funds may be used to support PHS Act, as amended by the Health the operating costs of the telemedicine Cost Participation Centers Consolidation Act of 1996 (Pub. L. 104–299), an applicant will be given system, including compensation for The amount of cost participation will consulting and referring practitioners. preference in the review process if its serve as an indicator of community and network includes any of the following: Grant funding must be used for institutional support for the project and services provided to or in rural (a) a majority of the health care of the likelihood that the project will providers serving in the rural areas or communities. Fifty percent (50%) or continue after federal grant support has more of the grant award must be spent region to be served by the network; ended. Cost participation may be in (b) any federally qualified health for: transmission costs and clinician cash or in-kind (e.g., equipment, compensation payments; costs incurred centers, rural health clinics, and local personnel, building space, indirect public health departments serving in the in rural communities, including rural costs). staff salaries and equipment rural area or region; If an award is made, all funds (c) outpatient mental health providers maintenance; and equipment placed in identified as dedicated to this project rural communities, irrespective of serving in the rural area or region; or (including funds used for cost (d) appropriate social service where the equipment is purchased. participation) will be subject to the Grant dollars may not be used to providers (e.g., agencies on aging, applicable cost principles, audit and school systems, and providers under the support didactic distance education reporting requirements. activities. However, equipment Women, Infants, and Children [WIC] purchased to provide clinical services Eligible Applicants program) to improve access to and coordination of health care services. may be used for a variety of non-clinical A grant award will be made either (1) purposes, including didactic education, For preference purposes, the to an entity that is a health care provider following definitions apply: administrative meetings, etc. and is a member of an existing or No more than forty percent (40%) of proposed telemedicine network, or (2) ‘‘Health care providers’’ in ‘element (a)’ are the total grant award each year may be to an entity that is a consortium of defined as institutions and/or facilities that used to purchase, lease or install provide health care. ‘‘Federally Qualified health care providers that are members Health Centers (FQHCs)’’ are defined as those equipment (i.e., equipment used inside of an existing or proposed telemedicine the health care facility for providing federally and nonfederally-funded health network. The applicant must be a legal centers that have status as federally qualified telemedicine services such as codecs, entity capable of receiving federal grant health centers under section 1861(aa)(4) or cameras, monitors, computers, funds. The grant recipient must be a section 1905(l)(2)(B) of the Social Security multiplexers, etc.). public (non-federal) or private nonprofit Act (42 U.S.C. 1395x(aa)(4) and Grant funds may not be used to entity, located in either a rural or urban 1396d(l)(2)(B), respectively). purchase or install transmission area. Other telemedicine network ‘‘Rural health clinics (RHCs)’’ are defined equipment, such as microwave towers, as clinics certified by HCFA and approved to members may be public or private, satellite dishes, amplifiers, digital participate in the Medicare and Medicaid nonprofit or for-profit. Health facilities switching equipment or laying cable or programs and receive payments as a Rural operated by a Federal agency may be telephone lines. Health Clinic as defined under section members of the network but not the Grant funds may not be used to build 1861(aa) or 1905(l) of the Social Security Act applicant. or acquire real property, or for (42 U.S.C. 1395x(aa) and 1395d(l), respectively). construction or renovation, except for All spoke facilities supported by this minor renovations related to the grant must meet one of the two criteria Approved applications that qualify for installation of equipment. stated below: the statutory funding preference will be Grant funds may be used to pay for (1) The facility is located outside of a funded ahead of other approved transmission costs such as the cost of Metropolitan Statistical Area (MSA) as applications. satellite time or the use of phone lines. defined by the Office of Management HRSA will consider geographic However, those applicants who and Budget. (A list of the cities and coverage when deciding which anticipate very high transmission rates counties that are designated as approved applications to fund. In for all or some of their sites should Metropolitan Statistical Areas is addition, HRSA is concerned with consider activities to achieve more included in the application kit); or assuring that grants to new networks, as sustainable rates. (2) The facility is located in one of the well as to existing networks, be funded. If ORHP funds are used for clinician specified rural census tracts of the MSA Therefore when making awards, HRSA compensation payments, payments can counties listed in Appendix I. Although will consider the balance between be up to a maximum of $60 per each of these counties is an MSA, or awards to new telemedicine networks practitioner per consult. If a third-party part of one, large parts of each county and to existing telemedicine networks. payer, including Medicaid or Medicare, are rural. Facilities located in these rural Review Criteria can be billed for a consult, the grantee areas are eligible for the program. Rural may not provide the practitioner with portions of these counties have been Grant applications will be evaluated an ORHP-funded compensation identified by census tract because this is on the basis of the following criteria: payment. This requirement applies even the only way we have found to clearly (1) Extent to which the applicant has if the grantee has not yet established its differentiate them from urban areas in documented the need for the project, own internal procedure to bill Medicaid the large counties. Appendix I provides developed measurable project objectives or Medicare. a list of these eligible census tracts by for meeting the need, and developed a county. Appendix II includes the methodology or plan of activities that Indirect Costs telephone numbers for regional offices will lead to attaining the project In accordance with the law, no more of the Census Bureau. Applicants may objectives, including a plan to monitor than 20 percent of the amount provided call these offices to determine the the performance of the project. (20 under a grant in this grant program can census tract in which they are located. points) Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19773

(2) Extent to which the project Any application that is judged application (SF 424) b. A summary of objectives and related activities are nonresponsive because it is the project, not to exceed one page, consistent with the goal and objectives inadequately developed, in an improper which provides: of the grant program noted in the format, exceeds the specified page (1) A description of the population to ‘Legislative and Program Background’ length, or otherwise is unsuitable for be served. section. (35 points) peer review and funding consideration, (a) Extent to which the proposed will be returned to the applicant. All (2) A summary of the services to be project will, using telemedicine as a responsive applications will be provided. tool, facilitate the development of an reviewed by an objective review panel. (3) A description of the coordination integrated rural health network, thereby National Health Objectives for the Year planned with the appropriate State of increasing access to health services and local health agencies. decreasing practitioner isolation. (20 2000 points) The Public Health Service (PHS) is This information must be submitted (b) Extent to which the proposed committed to achieving the health no later than the federal application project will provide a baseline of promotion and disease prevention receipt due date. information and data for the systematic objectives of Healthy People 2000, a Executive Order 12372 evaluation of telemedicine. (15 points) PHS-led national activity for setting (3) Demonstrated capability, priority areas. The Rural Telemedicine The Rural Telemedicine Grant experience and knowledge (i.e. Grant program is related to the priority program has been determined to be a managerial, technical, and clinical) of areas for health promotion, health program that is subject to the provisions the applicant and other network protection, and preventive services. of Executive Order 12372 concerning members to implement the project and Potential applicants may obtain a copy intergovernmental review of federal to disseminate information about the of Healthy People 2000 (Full Report: programs by appropriate health project. (20 points) Stock No. 017–001–00474–0) or Healthy planning agencies as implemented by 45 (4) Level of local involvement in People 2000 (Summary Report: Stock CFR part 100. Executive Order 12372 defining needs and planning and No. 017–001–00473–1) through the sets up a system for State and local implementing the project. Level of Superintendent of Documents, government review of proposed federal commitment to the project as evidenced Government Printing Office, assistance applications. Applicants by cost participation by the applicant, Washington, DC 20402–9325 (other than federally-recognized Indian other network members and/or other (Telephone (202) 783–3238). organizations, and realistic plans to tribal governments) should contact their sustain the telemedicine network after Smoke-Free Workplaces State Single Point of Contact (SPOCs) as federal grant support ends. (15 points) The PHS strongly encourages all grant early as possible to alert the SPOC to the (5) Relevance of the budget to the recipients to provide a smoke-free prospective applications and receive proposed activities and reasonableness workplace and promote the non-use of any necessary instructions on the State of the budget to anticipated outcomes/ all tobacco products. This is consistent process. For proposed projects serving results. (10 points) with the PHS mission to protect and more then one State, the applicant is advance the physical and mental health advised to contact the SPOC of each Other Information of the American people. In addition, affected State. A list of SPOCs is Applicants must develop projects that Public Law 103–227, the Pro-Children included in the application kit. All address specific, documented needs of Act of 1994, prohibits smoking in SPOC recommendations should be the rural communities. Applicants certain facilities (or in some cases, any submitted to Pam Hilton, Office of should consider (1) the health care portion of a facility) in which regular or Grants Management, Bureau of Primary needs of the rural communities served routine education, library, day care, Health Care, 4350 East West Highway, by the project, (2) the information and health care or early childhood 11th floor, Bethesda, Maryland, 20814, support needs of rural health care development services are offered to (301) 594–4260. The due date for State practitioners, and (3) the extent to children. process recommendations is 60 days which the project can build upon after the application deadline of June Public Health System Impact Statement existing telecommunications capacity in 20, 1997 for competing applications. the communities. Needs can be This program is subject to the Public The granting agency does not guarantee established through a formal needs Health System Reporting Requirements to ‘‘accommodate or explain’’ for State assessment, by population specific as approved by the OMB—0937–0195. process recommendations it receives demographic and health data, and by Under these requirements, the after that date. (See Part 148 of the PHS health services data. community-based nongovernmental Grants Administration Manual, Applicants are advised that the applicant must prepare and submit a ‘‘Intergovernmental Review of PHS narrative description of their program Public Health System Impact Statement Programs under Executive Order 12372 plus the narrative budget justification (PHSIS). The PHSIS is intended to and 45 CFR Part 100,’’ for a description may not exceed 35 pages in length. All provide information to State and local of the review process and requirements. applications must be typewritten or health officials to keep them apprised of printed and legible. Pages must have proposed health services grant Applicants should notify their State margins no less than one inch on top applications submitted by community- Office of Rural Health (or other and one-half inch on the sides and based nongovernmental organizations appropriate State entity) of their intent bottom. The print font on each page, within their jurisdictions. to apply for this grant program and to with the exception of the narrative Community-based nongovernmental consult with such agency regarding the budget pages, must be no smaller than applicants are required to submit the content of the application. The State 12 characters per inch (cpi) or a 12 point following information to the head of the Office can provide information and scalable font. The narrative budget appropriate State and local health technical assistance. A list of State pages must be no smaller than a 12 cpi agencies in the area(s) to be impacted: Offices of Rural Health is included with or a 10 point scalable font. a. A copy of the face page of the the application kit. 19774 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

OMB Catalog of Federal Domestic 302–303 452.02 Assistance number is 93.211. 304.01–304.02 453–455 305.01–305.03 Claude Earl Fox, 456.01–456.02 306 457.01–457.02 Acting Administrator. 310–315 458–462 Appendix I Fresno San Bernardino Census tract numbers are shown 40 89.01–89.02 below each county name. 63 90.01–90.02 64.01 For a spoke health care facility to be 91.01–91.02 # 64.03 eligible as ‘rural’ under criterion 2, the 93–95 65–68 facility must be located in one of the 96.01–96.03 census tracts (CTs) or block numbered 71–74 78–83 97.01 areas (BNAs) that is listed below the 84.01–84.02 97.03–97.04 following counties. If a facility is 98–99 classified as rural under this criterion, Kern 100.01–100.02 the CT number or BNA number must be 33.01–33.02 102.01–102.02 included next to the county name when 34–37 103 identifying the facility in the 40–50 104.01–104.03 ‘Telemedicine Network Identification’ 51.01 105–107 52–54 portion of the application. 55.01–55.02 San Diego State, County and Tract Number 56–61 189.01–189.02 63 190 Alabama Los Angeles 191.01 Baldwin 208 5990 209.01–209.02 101–102 5991 106 210 9001–9002 212.01–212.02 110 9004 213 114–116 9012.02 Mobile 9100–9101 San Joaquin 9108.02 40 59 9109–9110 62 9200.01 44–45 66 9201 52.01–52.02 72.02 9202 53.02–53.04 54–55 Tuscaloosa 9203.03 9301 107 San Luis Obispo Madera 100–106 Arizona 01.02–01.05 107.01–107.02 Coconino 02–04 108 16–25 10 114 11.98 118–122 Maricopa 12.98 124–126 127.01–127.02 101 Merced 405.02 Santa Barbara 507 01–02 611 03.01 18 822.02 04 19.03 05.01–05.02 5228 Santa Clara 7233 06–08 19.98 5117.04 Mohave* * 20 5118 * *See Below 21.98 5125.01 22 5127 Pima 23.01 44.05 24 Shasta 48–49 24.75–24.98 126–127 1504 Pinal Monterey 01–02 109 Sonoma 112–0113 04–12 1506.04 114.01–0114.02 Yuma 115 1537.01 1541–1543 105–107 Placer 110 Stanislaus 201.01–201.02 112–113 01 115–116 202–204 216–217 02.01 California 219–220 32–35 36.05 Butte Riverside 37–38 24–36 421 39.01–39.02 427.02–427.03 El Dorado 429–432 Tulare 301.01–301.02 444 02–07 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19775

26 142–144 New York 28 152 Herkimer 40 154–161 43–44 101 Kansas 105.02 Ventura Butler 107–109 01–02 110.01–110.02 46 201–205 111–112 75.01 209 113.01 Colorado Louisiana North Dakota Adams Rapides Burleigh 84 106 114–115 85.13 135–136 87.01 Grand Forks Terrebonne El Paso 114–116 122–123 118 38 39.01 MINNESOTA Morton 46 Polk* 205 Larimer 204–210 Oklahoma 14 *9701–9704 Osage 17.02 St. Louis 19.02 103–108 105 20.01 112–114 Oregon 22 121–135 Clackamas Mesa 137.01–137.02 235–236 12 138–139 239–241 15 141 243 18 151–155 19 Stearns Jackson Pueblo 103 24 27 28.04 105–111 32 Montana Lane 34 Cascade 01 Weld 05 105 19.02 07.01–07.02 20 Yellowstone 08 13–16 24 15–16 25.01–25.02 19 Pennsylvania Florida Nevada Lycoming Collier Clark 101–102 111–114 57–59 South Dakota Dade Washoe Pennington 115 31.04 116–117 Marion 32 Texas 33.01–33.04 02 34 Bexar 04–05 27 New Mexico 1720 1821 Osceola Dona Ana 1916 401.01–401.02 14 Brazoria 402.01–402.02 19 403.01–403.02 606 404 Nye** 609–619 405.01–405.02 **See Below 620.01–620.02 405.03 621–624 405.05 Sandoval 625.01–625.03 406 101–104 626.01–626.02 105.01 627–632 Palm Beach 79.01–79.02 Santa Fe Harris 80.01–80.02 101–102 354 81.01–81.02 103.01 544 82.01–82.02 546 Valencia* 82.03–83.01 Hidalgo 83.02 *9701 *9703–9706 223–228 Polk *9708 230–231 125–127 *9711–9712 243 19776 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Washington Philadelphia , PA 215–597–8313 Contact: Constance M. Burtoff, 17–89, Parklawn Building, Telephone: (301) 443– Benton Delaware, District of Columbia, Maryland, New Jersey, 2437 and FAX: (301) 443–3437. 116–120 Pennsylvania The third meeting will be of the SEP I committee and will include the review, Franklin Seattle, WA 206–728–5314 Idaho, Montana, Nevada, Oregon, discussion and evaluation of individual grant 208 applications. This discussion could reveal Washington King personal information concerning individuals [FR Doc. 97–10435 Filed 4–22–97; 8:45 am] associated with the applications. 327–328 BILLING CODE 4160±15±P Accordingly, this meeting is concerned with 330–331 matters exempt from mandatory disclosure in Snohomish Title 5 U.S.C. 552b(c)(6) and 5 U.S.C. App. 2, § 10(d). 532 DEPARTMENT OF HEALTH AND Committee Name: Special Emphasis Panel 536–538 HUMAN SERVICES I. Spokane Substance Abuse and Mental Health Meeting Dates: May 19–20, 1997. 101–102 Services Administration Place: Residence Inn—Bethesda, Gateway 103.01–103.02 Room, 7335 Wisconsin Avenue, Bethesda, 133 Notice of Meetings MD 20814. 138 Closed: May 19, 1997—9:00 a.m. to 5:00 143 Pursuant to Public Law 92–463, p.m. May 20, 1997—9:00 a.m. to notice is hereby given of the following Adjournment Whatcom meetings of the SAMHSA Special Panel: Center for Substance Abuse 110 Treatment (CSAT) Cooperative Agreement for Emphasis Panels (SEPs) I and II in May. a Multi-site Study For Cannabis (Marijuana) Yakima A summary of the meetings may be Dependent Youth obtained from: Ms. Dee Herman, 18–26 Contact: Stanley Kusnetz, Room 17–89, Committee Management Liaison, Parklawn Building, Telephone: (301) 443– Wisconsin SAMHSA Office of Extramural 3042 and FAX: (301) 443–3437. Douglas Activities Review, 5600 Fishers Lane, Dated: April 18, 1997. Room 17–89, Rockville, Maryland 303 Jeri Lipov, 20857. Telephone: (301) 443–4783. Committee Management Officer, Substance Marathon Substantive program information may Abuse and Mental Health Services 17–18 be obtained from the individual named Administration. 20–23 as Contact for the meetings listed below. [FR Doc. 97–10544 Filed 4–22–97; 8:45 am] The first two meetings will be of the Wyoming SEP II committee and will include the BILLING CODE 4162±20±P Laramie review, discussion and evaluation of 16–18 individual contract proposals. These discussions could reveal personal DEPARTMENT OF HOUSING AND *This county is divided into Block URBAN DEVELOPMENT Numbered Areas (BNAs), not Census Tracts information concerning individuals (CTs). associated with the proposals and [Docket No. FR±4033±N±02] **This entire county, although part of a confidential and financial information large city MSA, is eligible as rural. about an individual’s proposal. The Notice of Proposed Information Collection for Public Comment Appendix II discussions may also reveal information about procurement activities exempt AGENCY: Office of the Assistant Bureau of The Census Regional from disclosure by statute and trade Secretary for Housing—Federal Housing Information Service secrets and commercial or financial Commissioner, HUD. information obtained from a person and Atlanta, GA 404–730–3957 ACTION: Notice. Alabama, Florida, Georgia privileged and confidential. Boston, MA 617–424–0501 Accordingly, the meetings are SUMMARY: The proposed information Connecticut, Maine, Massachusetts, concerned with matters exempt from collection requirement described below New Hampshire, Rhode Island, mandatory disclosure in Title 5 U.S.C. will be submitted to the Office of Vermont, Upstate New York 552b(c) (3), (4), and (6) and 5 U.S.C. Management and Budget (OMB) for Charlotte, NC 704–344–6144 App. 2, § 10(d). review, as required by the Paperwork Kentucky, North Carolina, South Committee Name: SAMHSA Special Reduction Act. The Department is Carolina, Tennessee, Virginia Emphasis Panel II. soliciting public comments on the Chicago, IL 708–562–1740 Meeting Date: May 7, 1997. subject proposal. Illinois, Indiana, Wisconsin Place: DoubleTree Hotel, Rockville Room, DATES: Comments due: June 23, 1997. Dallas, TX 214–767–7105 1750 Rockville Pike, Rockville, MD 20852. Louisiana, Mississippi, Texas Closed: May 7, 1997—9:00 a.m. to 5:00 ADDRESSES: Interested persons are Denver, CO 303–969–7750 p.m. invited to submit comments regarding Arizona, Colorado, Nebraska, New Contact: Roger Straw, Ph.D., 17–89, this proposal. Comments should refer to Mexico, North Dakota, South Parklawn Building, Telephone: (301) 443– the proposal by name and/or OMB 1919, and FAX: (301) 443–3437. Dakota, Utah, Wyoming Control Number and should be sent to: Detroit, MI 313–259–0056 Committee Name: SAMHSA Special Oliver Walker, Housing, Department of Michigan, Ohio, West Virginia Emphasis Panel II. Housing and Urban Development, 451 Meeting Date: May 8, 1997. 7th Street SW., Room 9116, Washington, Kansas City, KS 913–551–6711 Place: Chevy Chase Holiday Inn, Terrace Arkansas, Iowa, Kansas, Missouri, ‘‘A’’, 5520 Wisconsin Avenue, Chevy Chase, DC 20410. New Mexico, Oklahoma MD 20815. FOR FURTHER INFORMATION CONTACT: Los Angeles, CA 818–904–6339 Closed: May 8, 1997—9:00 a.m. to 1:00 Carissa Janis, telephone number (202) California p.m. 708–3291 (this is not a toll-free number) Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19777 for copies of the proposed forms and Status of the proposed information plan would not promote the other available documents. collection: Extension. conservation of a particular species. A SUPPLEMENTARY INFORMATION: The Authority: Section 236 of the Paperwork revised Grizzly Bear Recovery Plan was Department will submit the proposed Reduction Act of 1995, 44 U.S.C. Chapter 35, approved by the Fish and Wildlife information collection to OMB for as amended. Service (Service) on September 10, review, as required by the Paperwork Dated: April 17, 1997. 1993. The Bitterroot Ecosystem Reduction Act of 1995 (44 U.S.C. Nicolas P. Retsinas, Recovery Plan Chapter was approved as Chapter 35, as amended). Assistant Secretary for Housing—Federal a supplement to the Grizzly Bear The Notice is soliciting comments Housing Commissioner. Recovery Plan on September 11, 1996. from members of the public and [FR Doc. 97–10429 Filed 4–22–97; 8:45 am] The Service will hold a public affecting agencies concerning the BILLING CODE 4210±27±M workshop seeking comments on proposed collection of information to: objective, measurable habitat-based (1) Evaluate whether the proposed recovery criteria that the agency needs collection of information is necessary DEPARTMENT OF THE INTERIOR to develop and incorporate into the for the proper performance of the Grizzly Bear Recovery Plan. The criteria functions of the agency, including Fish and Wildlife Service will be used to describe the whether the information will have practical utility; (2) Evaluate the Workshop To Obtain Input for the characteristics of the habitat necessary accuracy of the agency’s estimate of the Development of Habitat-Based to support a recovered population of burden of the proposed collection of Recovery Criteria for the Grizzly Bear grizzly bears. Once the habitat-based information; (3) Enhance the quality, (Ursus arctos horribilis) recovery criteria have been developed, utility, and clarity of the information to specific, quantified habitat-based AGENCY: U.S. Fish and Wildlife Service, be collected; and (4) Minimize the recovery criteria eventually will be Interior. burden of the collection of information developed for each recovery zone. These on those who are to respond; including ACTION: Notice of public workshop. quantified criteria will then become part of the recovery goal for that particular through the use of appropriate SUMMARY: The Fish and Wildlife Service grizzly bear population. At the automated collection techniques or gives notice that a public workshop will workshop, the Service also wants to other forms of information technology, be held to begin the development of obtain information and comments on e.g., permitting electronic submission of habitat-based recovery criteria for the responses. grizzly bear (Ursus arctos horribilis), a methods for monitoring the habitat- This Notice also lists the following threatened species in the 48 contiguous based recovery criteria. Emphasis of this information: States. The workshop will allow workshop will be on the habitat needs Title of Proposal: Revised Congregate scientists and other interested parties of the Yellowstone ecosystem grizzly Housing Services Program (CHSP). the opportunity to submit oral or bear population, but comments on other OMB Control Number: 2502–0485. written comments. grizzly bear populations and for grizzly Description of the need for the bears anywhere in the lower 48 States DATES: The public workshop will be information and proposed use: The held from 10 a.m. to 12 noon, 1 p.m. to are also welcome. information is basic to the ongoing 4 p.m., and 6 p.m. to 8 p.m. on June 17, The Service seeks the input of operations of the Congregate Housing 1997. scientists, the public, and interested Services Program (CHSP). It supports organizations at the workshop. The statutory requirements and program and ADDRESSES: The public workshop will workshop will be held in Bozeman, management controls that prevent fraud, be held at the GranTree Inn, 1325 North Montana, on June 17, 1997 (see waste and mismanagement. The 7th Avenue, Bozeman, Montana. ADDRESSES section). The workshop will controls must be maintained as long as Comments and materials concerning the be held from 10:00 a.m. to 8:00 p.m. current grants are in operation, or until workshop should be sent to the Grizzly such time as Congress otherwise Bear Recovery Coordinator, U.S. Fish with two breaks (see DATES section). disposes of this program. Section 802 of and Wildlife Service, University Hall, Participants are invited to present the National Affordable Housing Act Room 309, University of Montana, information in oral and written form. authorizes/requires matching funds and Missoula, Montana 59812. Comments All comments presented orally also participant fee collections that are and materials received will be available should be submitted in writing at the reported on information collection for inspection, by appointment, during workshop to facilitate review of these forms. The CHSP rule at 24 CFR normal business hours at the above comments. Those wishing to present 700.155(d) requires grantees to submit Service address. information or comments orally at the those forms required by the Secretary, FOR FURTHER INFORMATION CONTACT: workshop are asked to contact Dr. which are included in the CHSP Dr. Christopher Servheen, Grizzly Bear Christopher Servheen, Grizzly Bear Handbook 4640.1. Recovery Coordinator (see ADDRESSES Recovery Coordinator (see FOR FURTHER Agency forms, if applicable: HUD above), at 406/243–4903, fax 406/329– INFORMATION CONTACT section) so that 90006, HUD 90198, HUD 91178–A, 3212, e-mail [email protected]. scheduling of oral presentations can be arranged in advance. Anyone wishing to HUD 91180–A, HUD 91180–B. SUPPLEMENTARY INFORMATION: Members of affected public: CHSP provide information or comments, but grantees with 111 grants. An estimation Background unable to attend the workshop, should of the total number of hours needed to The grizzly bear (Ursus arctos send the information or comments to Dr. prepare the information collection is horribilis) is listed as a threatened Christopher Servheen (see ADDRESSES 5,570, the number of respondents is 565, species in the 48 contiguous States. The section). All information and comments the frequency of response is once a Endangered Species Act of 1973, as previously or subsequently received month to once a year, and the hours of amended (16 U.S.C. 1531 et seq.), will be considered during the response are on average 2.77 per requires the development of recovery development of the habitat-based response. plans for listed species unless such a recovery criteria. 19778 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Dated: April 16, 1997. under an emergency approval by OMB DEPARTMENT OF THE INTERIOR Wilbur Ladd, (OMB Control Number 1076–0141). The Acting Regional Director, Denver, Colorado. BIA is proceeding with this public Bureau of Land Management [FR Doc. 97–10470 Filed 4–22–97; 8:45 am] comment period as the first step in [WY±060±01±1320±01; WYW127221] BILLING CODE 4310±55±M obtaining a normal information collection clearance from OMB. Correction to Notice of Availability of All information is to be collected a Final Environmental Impact DEPARTMENT OF THE INTERIOR Statement (FEIS) for the North annually from each water user. Annual Rochelle Coal Lease Application reporting and record keeping burden for Bureau of Indian Affairs Located in Northeastern Wyoming's this collection of information is Powder River Basin Collection of Water Delivery Data for estimated to average 40 minutes for each the Operation of Irrigation Projects and response for 10,300 respondents, AGENCY: Bureau of Land Management, Systems: Proposed Collection of including the time for reviewing Interior. Water Delivery Data; Comment instructions, searching existing data ACTION: Correction. Request sources, gathering and maintaining the SUMMARY: This document corrects the AGENCY: Bureau of Indian Affairs, data needed, and completing and Interior. reviewing the collection of information. public comment period in the notice of availability of the final EIS for the North ACTION: Notice. Thus, the total annual reporting and record keeping burden for this Rochelle Coal Lease Application in SUMMARY: In compliance with the collection is estimated to be 6,867 Wyoming’s Powder River Basin which Paperwork Reduction Act of 1995 (44 hours. was published April 10, 1997 (62 FR U.S.C. 3501 et seq.), this notice 1763). The BIA solicits comments in order announces that Bureau of Indian Affairs DATES: The FEIS which was originally to: (BIA) is planning to submit the scheduled to be available on April 11, following proposed Information (i) Evaluate whether the proposed 199 is now anticipated to be available to Collection Request (ICR) to the Office of collection of information is necessary the public April 18, 1997. In order to Management and Budget (OMB): for the proper performance of the assure that comments are considered in Collection of Water Delivery Data for the functions of the bureau, including the Record of Decision, given this Operation of Irrigation Projects and whether the information will have change in availability, they should be Systems. Before submitting the ICR to practical utility; received no later than close of business OMB for review and approval, BIA is (ii) Evaluate the bureau’s estimate of on May 19, 1997, or 30 days from the soliciting comments on specific aspects the burden of the proposed collection of date of the Environmental Protection of the proposed information collection Agency’s actual date of publication of as described below. information, including the validity of the methodology and assumptions used; their Notice of Availability in the DATES: Comments must be received on Federal Register whichever occurs first. (iii) Enhance the quality, utility, and or before June 23, 1997, to be assured of ADDRESSES: Comments, concerns, and consideration. clarity of the information to be requests for copies of the FEIS (or an ADDRESSES: Comments should be sent collected; and Executive Summary of the FEIS) should to: Bureau of Indian Affairs, Division of (iv) Minimize the burden of the be addressed to Casper District Office, Water and Land, Mail Stop 4513-MIB, collection of information on those who Bureau of Land Management, Attn: Washington, D.C. 20240. are to respond. Nancy Doelger, 1701 East ‘‘E’’ Street, FOR FURTHER INFORMATION CONTACT: A summary of the public comments Casper, Wyoming 82601. Comments can Interested persons may obtain a copy of will be included in BIA’s submission of also be faxed to 307–234–1525, Attn: the ICR including the Water Request the information collect request. Nancy Doelger. form without charge by contacting Ross The following information is provided Dated: April 11, 1997. Mooney at 202–208–5480, or facsimile Alan R. Pierson, number: 202–219–1255, or E-mail: for the information collection: State Director. [email protected]. Title: Water Request. [FR Doc. 97–10275 Filed 4–22–97; 8:45 am] SUPPLEMENTARY INFORMATION: In order OMB Control Number: 1076–0141. for irrigators to receive water deliveries, BILLING CODE 4310±22±M information is needed by the BIA to Summary: This information collection is needed to operate and maintain BIA operate and maintain its irrigation DEPARTMENT OF THE INTERIOR projects and fulfill reporting irrigation projects and systems and meet our reporting requirements. requirements. Section 171.7 of 25 CFR Bureau of Land Management part 171, [Irrigation] Operation and Frequency of Collection: On Occasion. [WY±985±0777±66] Maintenance, specifies the information Description of Respondents: BIA collection requirement. Water users Irrigation Project Water Users. Fire Management and Suppression must apply for water delivery. The Activites: Wyoming information to be collected includes: Total Annual Responses: 51,500. name; water delivery location; time and Total Annual Burden Hours: 6,867 AGENCY: Bureau of Land Management, date of requested water delivery; hours. Interior. duration of water delivery; rate of water Dated: April 17, 1997. ACTION: Notice of Intent to Conduct flow; number of acres irrigated; crop Ada E. Deer, Planning Reviews and Associated statistics; and other operational Public Participation Opportunities. information identified in the local Assistant Secretary—Indian Affairs. administrative manuals. Collection of [FR Doc. 97–10515 Filed 4–22–97; 8:45 am] SUMMARY: The four Bureau of Land this information is currently authorized BILLING CODE 4310±02±P Management (BLM) District Offices in Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19779

Wyoming are reviewing their fire Advisor, Bureau of Land The above described parcel of land is management and suppression activities Management, 1701 East E Street, hereby segregated from appropriation on all of the BLM-administered public Casper, Wyoming 82601, 307–261– under the public land laws, including lands in Wyoming. Public involvement 7600. the mining laws, but not from sale activities such as open houses, SUPPLEMENTARY INFORMATION: The under the above cited statute for 270 workshops, and field trips, to be held planning review will identify any need days from the date of publication or during the summer and fall of 1997, will for additional fire management until title transfer is completed or the provide the public an opportunity to prescriptions or actions, as appropriate. segregation is terminated by publication identify concerns to be addressed in the Some goals of the planning review are in the Federal Register, whichever planning review. to identify fire management strategies to occurs first. EFFECTIVE DATES: Meeting dates and achieve desired resource conditions, The land is not considered essential other public participation activities in reduce the potential for catastrophic to the public land management base and the four BLM Districts will be wildfires through the management of is unsuitable for management by announced in other public notices, the fuels, improve communication and another Federal agency. No significant local media, and in letters sent to coordination to promote fire line safety, resource values will be affected by this interested and potentially affected and achieve a better understanding of disposal. The sale is consistent with parties. Persons wishing to participate fire’s role in the natural environment. Bureau planning for the land involved in this planning review and wishing to The planning review will also address and will serve important public be placed on mailing lists must notify public health and safety, smoke objectives. the appropriate BLM District Office(s) at management, public perceptions The sale parcel will be offered under the addresses and phone numbers regarding fire, and economic direct sale procedures to Fort Rock Care below. considerations. If the final Center, Inc. of Fort Rock, Oregon. Direct FREEDOM OF INFORMATION ACT determinations of the planning review sale procedures are considered CONSIDERATIONS: Public comments result in changes to existing appropriate, in this case, as the offered submitted for this planning review, management direction, or add new public land is necessary to including names and street addresses of management direction for the BLM- accommodate the construction of the respondents, will be available for public administered public lands involved, the Fort Rock Care Center. Direct sale review and disclosure at the addresses appropriate BLM land use plans (i.e., procedures are authorized under 43 CFR below during regular business hours Resource Management Plans—RMPs) 2711.3–3. The land will be offered for (7:30 a.m. to 4:30 p.m.), Monday will be amended. direct sale at 10:00 am PST, on July 1, 1997, and will be by sealed bid only. A through Friday, except holidays. Dated: April 17, 1997. Individual respondents may request written sealed bid must be submitted to Alan R. Pierson, the BLM, Lakeview District Office at confidentiality. If you wish to withhold State Director. your name or address from public P.O. Box 151, 1000 South Ninth Street, [FR Doc. 97–10468 Filed 4–22–97; 8:45 am] review or from disclosure under the Lakeview, Oregon 97630, no later than Freedom of Information Act, you must BILLING CODE 4310±22±P 4:30 pm PST, June 30, 1997, and must state this prominently at the beginning be for not less than the appraised sale price indicated. The written sealed bid of your comment. Such requests will be DEPARTMENT OF THE INTERIOR honored to the extent allowed by law. must be accompanied by a certified All submissions from organizations or Bureau of Land Management check, postal money order, bank draft or businesses, and from individuals cashier’s check, made payable to the Department of the Interior-BLM for not identifying themselves as [OR±015±1430±01: GP±7±0145] representatives or officials of less than the bid deposit specified in this notice. The bid shall be enclosed in organizations or businesses, will be Realty Action made available for public inspection in a sealed envelope clearly marked, in the their entirety. AGENCY: Bureau of Land Management, lower left hand corner, Bid for Public Lakeview District. Land Sale OR 53020, Lake County, FOR FURTHER INFORMATION CONTACT: ACTION: Direct sale of public land in Oregon, July 1, 1997. Worland District: Lake County OR 53020. The total purchase price for the land Bob Ross, District Planning shall be paid within 180 days of the date Coordinator, Bureau of Land The following parcel of public land is of sale or the bid deposit will be Management, 101 South 23rd suitable for direct sale under Section forfeited and the parcel withdrawn from Street, P.O. Box 119, Worland, 203 of the Federal Land Policy and further sale consideration. Wyoming 82401, 307–347–5100; Management Act of 1976, 43 U.S.C. The terms, conditions and reservation Rawlins District: 1713, at no less than the appraised fair applicable to the sale are as follows: Dave McWhirter, District Resource market value. The land will not be (1) Patent to the sale parcel will Advisor, Bureau of Land offered for sale for at least 60 days contain a reservation to the United Management, 1300 North 3rd Street, following the publication of this notice States for ditches and canals. Rawlins, Wyoming 82301, 307– in the Federal Register. (2) The sale parcel will be subject to 328–4200; all valid existing rights of record at the Rock Springs District: Legal descrip- Acre- Sale Deposit time of patent issuance. Renee´ Dana, District Resource tion age price (3) The mineral interests being offered Advisor, Bureau of Land Parcel Serial for conveyance with sale parcels OR Management, 280 Highway 191 No., OR 53020 have no known value. A deposit North, Rock Springs, Wyoming 53020 ...... 2.5 $2,500 $750 or bid to purchase the parcel will also 82902–1869, 307–352–0256; constitute an application for conveyance Casper District: T. 25S., R. 14E., W.M., Oregon of the mineral estate with the following Glen Nebeker, District Resource Sec. 32: SE1⁄4SE1⁄4SW1⁄4SE1⁄4. reservations; 19780 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

(a) Diatomite, oil and gas and corporation authorized to own real Resource Manager, Bureau of Land geothermal resources will be reserved to estate in the state in which the land is Management, at the above address. the United States. located. Objections will be reviewed by the The above mineral reservations are Detailed information concerning the District Manager who may sustain, being made in accordance with Section sale, including the reservations, sale vacate or modify this realty action. In 209 of the Federal Land Policy and procedures, terms and conditions, the absence of any objections, this realty Management Act of 1976. planning and environmental action will become the final Fort Rock Care Center, Inc. must documentation, is available at the determination of the Department of the include with their bid deposit a non- Lakeview District Office, P.O. Box 151, Interior. refundable $50.00 filing fee for 1000 South Ninth Street, Lakeview, conveyance of the mineral estate. Oregon 97630. Scott R. Florence, Federal law requires that the bidder For a period of 45 days from the date Manager, Lakeview Resource Area. must be a U.S. citizen, 18 years of age of publication of this notice in the [FR Doc. 97–10455 Filed 4–22–97; 8:45 am] or older, a state or state instrumentality Federal Register, interested parties may BILLING CODE 4310±33±M authorized to hold property, or a submit comments to the Lakeview Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19781 19782 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19783 19784 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19785 19786 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19787 19788 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19789 19790 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19791 19792 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19793 19794 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19795 19796 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19797 19798 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19799 19800 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19801 19802 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19803 19804 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19805 19806 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19807

[FR Doc. 97–10471 Filed 4–22–97; 8:45 am] BILLING CODE 4310±MR±C 19808 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR authorizing continued operation of a boat transportation service from Ventura Minerals Management Service National Park Service Harbor to Channel Islands National Park. The primary service will be to the Outer Continental Shelf Cook Inlet; Notice of Intent to Issue a Prospectus islands of Anacapa and Santa Cruz Notice of Leasing Systems, Sale 149 For Operation of a Boat Transportation From Santa Barbara Harbor to Channel within the park. Extended boat service Section 8(a)(8) (43 U.S.C. 1337(a)(8)) Islands National Park to the other three islands will also be of the Outer Continental Shelf Lands authorized. The service will provide day Act (OCSLA) requires that, at least 30 SUMMARY: The National Park Service visitors and campers with the days before any lease sale, a Notice be will be releasing a concession opportunity for one and multi-day trips submitted to the Congress and prospectus authorizing an operation of a to the islands. The concession contract published in the Federal Register: new boat transportation service from will be for a period of ten (10) years. This Notice is published pursuant to Santa Barbara City Harbor to Channel Supplementary Information these requirements. Islands National Park. The primary service will be to the islands of Santa 1. Identifying the bidding systems to be The existing concessioner, Island used and the reasons for such use; and Rosa and San Miguel within the park. 2. Designating the tracts to be offered under Extended service to the other three Packers Company, Inc., has performed each bidding system and the reasons for such islands will also be allowed. The its obligations to the satisfaction of the designation. concession contract will be for a period Secretary under an existing contract and This notice is published pursuant to of five (5) years. therefore pursuant to the provisions of these requirements. SUPPLEMENTAL INFORMATION: There is no Section 5 of the Act of October 9, 1965 b 1. Bidding systems to be used. In the existing concessioner providing this (79 Stat. 969 U.S.C. 20), is entitled to Outer Continental Shelf (OCS) Sale 149, service and award of this concession be given preference in the renewal and blocks will be offered under the contract will be fully competitive. The execution of a new contract providing following bidding system as authorized operation is year-round with the peak that the existing concessioner submits a by section 8(a)(1) (43 U.S.C. 1337(a)(1)), season more than likely being from May responsive offer (a timely offer which as amended: bonus bidding with a fixed through October. The service will meets the terms and conditions of the 121⁄2-percent royalty. provide visitors with an opportunity for Prospectus). This means that the a. Bonus Bidding with a 121⁄2-Percent regular and reoccurring boat service for contract will be awarded to the party Royalty. This system is authorized by day visitors, campers or multi-day live- submitting the best offer, provided that section (8)(a)(1)(A) of the OCSLA, as aboard visitors from Santa Barbara if the best offer was not submitted by amended. This system has been chosen Harbor. The cost for purchasing a the existing concessioner, then the for all blocks proposed for Sale 149 Prospectus is $30.00. Parties interested existing concessioner will be afforded because these blocks are expected to in obtaining a copy should send a check the opportunity to match the best offer. have high exploration, development, payable to ‘‘National Park Service’’ to If the existing concessioner agrees to and production costs. the following address: National Park match the best offer, then the contract The Department of the Interior Service, Office of Concession Program, analyses indicate that the minimum will be awarded to the existing Pacific Great Basin Support Office, 600 concessioner. economically developable discovery on Harrison Street, Suite 600, San a block in such high-cost areas under a Francisco, California 94107–1372. The If the existing concessioner does not 1 12 ⁄2-percent royalty system would be front of the envelope should be marked submit a responsive offer, the right of less than for the same block under a ‘‘Attention: Office of Concession preference in renewal shall be 2 16 ⁄3-percent royalty system. As a result, Program Management—Mailroom Do considered to have been waived, and more blocks may be explored and Not Open.’’ Please include a mailing the contract will then be awarded to the developed. In addition, the lower address indicating where to send the party that has submitted the best royalty rate system is expected to prospectus. Inquiries may be directed to responsive offer. encourage more rapid production and Ms. Teresa Jackson, Office of The Secretary will consider and higher economic profits. It is not Concession Program Management at evaluate all proposals received as a anticipated, however, that the larger (415) 427–1369. cash bonus bid associated with a lower result of this notice. royalty rate will significantly reduce Dated: March 26, 1997. The cost for purchasing a prospectus competition, as the higher costs for Stanley T. Albright, is $30.00. Parties interested in obtaining exploration and development are the Regional Director, Pacific West Region. a copy should send a check payable to primary constraints to competition. [FR Doc. 97–10431 Filed 4–22–97; 8:45 am] ‘‘National Park Service’’ to the following 2. Designation of Blocks. All blocks in BILLING CODE 4310±70±M address: National Park Service, Office of this lease sale will be offered under a Concession Program Management, 121⁄2-percent royalty system because Pacific Great Basin Support Office, 600 DEPARTMENT OF THE INTERIOR that system is most appropriate to the Harrison St., Suite 600, San Francisco, resource levels and costs expected in National Park Service California 94107–1372. The front of the this sale area. envelope should be marked ‘‘Attention: Dated: April 16, 1997. Notice of Intent to Issue a Prospectus Office of Concession Program Cynthia Quarterman, for Operation of a Boat Transportation Management—Mail Room Do Not Director, Minerals Management Service. From Ventura Harbor to Channel Open’’. Please include a mailing address Bob Armstrong, Islands National Park indicating where to send the Prospectus. Assistant Secretary, Land and Minerals Inquiries may be directed to Ms. Teresa Management. Summary Jackson, Office of Concession Program [FR Doc. 97–10472 Filed 4–22–97; 8:45 am] The National Park Service will be Management at 427–1369. BILLING CODE 4310±MR±M releasing a concession prospectus Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19809

Dated: March 31, 1997. cattle grazing-commercial hunting Information Stanley T. Albright, operation over the next 14 years. Inquiries about the FEIS/RMP or Regional Director, Pacific West Region. Additional actions proposed include: requests for copies should be directed to [FR Doc. 97–10430 Filed 4–22–97; 8:45 am] the immediate closure of two pastures to Channel Islands National Park, 1901 BILLING CODE 4310±70±P cattle and horses, and reduction in the Spinnaker Drive, Ventura, CA 93001, or number of cattle grazing in other by telephone at (805) 658–5776. pastures with resources at risk; DEPARTMENT OF THE INTERIOR removing deer from the island within Dated: April 11, 1997. three (3) years and phased removal of Stanley T. Albright, National Park Service elk over a fourteen (14) year period. The Regional Director, Pacific West Region. Park would also implement road [FR Doc. 97–10531 Filed 4–22–97; 8:45 am] Final Environmental Impact Statement management actions to reduce impacts BILLING CODE 4310±70±P for Resources Management Plan to to island streams from existing Improve Water Quality and Conserve practices; develop a comprehensive Rare Species and Their Habitats on weed management plan to address DEPARTMENT OF THE INTERIOR Santa Rosa Island; Channel Islands problems resulting from invasion of National Park, Santa Barbara County, National Park Service alien plant species; and develop California; Notice of Availability monitoring programs for rare species, Mojave National Preserve Notice of Summary water quality and riparian areas. Intent to Prepare Environmental Impact Pursuant to § 102(2)(c) of the National The following alternatives to the Statement for AT&T Corp's Removal of Environmental Policy Act of 1969 (P.L. proposal are also evaluated in the FEIS/ Coaxial Cable 91–190, as amended), the National Park RMP: Summary Service, Department of the Interior, has Alternative A, No Action, would In accordance with § 102(2)(C) of the prepared a Final Environmental Impact continue the existing cattle ranching National Environmental Policy Act of Statement assessing the potential and commercial hunt operation, with no 1969 (PL91–190), the National Park impacts of alternatives identified in a changes. Resources Management Plan proposed Service is initiating an environmental for improving water quality and Alternative B, Minimal Action, impact analysis process to identify and conserving rare species and their includes exclusion of cattle from one assess potential impacts of alternative habitats on Santa Rosa Island in pasture, removal of deer from the island, means proposed for recovering California. Once approved, the plan will and construction of small riparian approximately 220 miles of a coaxial guide resources management on Santa exclosures in several drainages. cable communications system. AT&T Rosa Island for the next 15 years. Alternative C, Targeted Action, Corp. of Atlanta, Georgia (AT&T) owns includes removal of cattle and horses and maintains a transcontinental Background from one pasture, implementation of a Phillips-140 cable system, a portion of The Final Environmental Impact seasonal grazing rotation in another which extends for 709 miles between Statement and Resources Management pasture, construction of small riparian Mojave, California and Socorro, New Plan (FEIS/RMP) presents and analyzes exclosures, and removal of deer and Mexico. This communications a proposal and four alternatives for reduction of elk. technology is obsolete and AT&T improving water quality and riparian officials have notified the Department of Alternative E, Immediate Removal of areas and promoting conservation of the Interior of their desire to remove Ungulates, includes removal of all rare species and their habitats on Santa segments of the system (consisting of cattle, horses, elk and deer from the Rosa Island. ‘‘Rare species’’ includes: underground coaxial communications island within three years. species which have been listed or cable and appurtenant surface and proposed for listing as threatened or Decision Process below-ground servicing facilities). endangered in accordance with the Background Endangered Species Act; those species A ‘‘no action’’ period on the part of which are candidates for such listing; the National Park Service will end 30 AT&T was originally issued Right-of- and those which were formerly days after the Environmental Protection Way Grants for the subject candidates. Agency’s notice of receipt of this FEIS/ communications system in 1963 and RMP is filed in the Federal Register. 1964. In March, 1997 a formal request Alternatives Subsequently, notice of a Record of to terminate portions of the right-of-way The Draft EIS/RMP (Draft) was made Decision (ROD) will be published, prior was submitted to the National Park available for public review and to any implementation of elements of Service and the Bureau of Land comment on May 6, 1996, and had the proposed action. Anticipated Management, pursuant to the terms of identified Alternative C, Targeted elements include the following: after the the grants. Upon preliminary review of Management Action, as a preferred ROD has been duly noticed, the the formal termination request and alternative. In response to public National Park Service will revise terms supplemental materials (an comment on the Draft, the National Park of an existing Special Use Permit issued environmental report and draft plan of Service has identified a different to Vail & Vickers, so as to make their operation for removing the cable), it has alternative as the proposed action in the forthcoming operations consistent with been determined that the potential for FEIS/RMP. The new proposed action, the alternative selected and identified in significant impact to the human Alternative D, Revised Conservation the ROD. Accordingly, at that time the environment may exist. Notice is hereby Strategy, would improve water quality, existing Special Use Permit would be given that it is anticipated that a draft protect riparian habitat areas, and revoked and replaced with a new permit environmental impact statement and conserve rare species and their habitats incorporating pertinent management removal plan (DEIS/RP) will be on Santa Rosa Island, in part by practices prescribed in the selected prepared. As the Department’s requiring changes in the Vail & Vickers FEIS/RMP alternative. designated lead bureau, the National 19810 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Park Service will be joined by the Dated: April 9, 1997. Commission at (202) 619–7097. Minutes Bureau of Land Management and the Patricia L. Neubacher, of the meeting will be available for U.S. Fish and Wildlife Service as Acting Regional Director, Pacific West Region. public inspection 4 weeks after the cooperating agencies in the DEIS/RP [FR Doc. 97–10433 Filed 4–22–97; 8:45 am] meeting at the Office of Stewardship process. All three agencies will BILLING CODE 4310±70±P and Partnerships, National Capital collaborate in identifying and analyzing Support Office, 1100 Ohio Drive, SW., alternative means for accomplishing Room 220, Washington , D.C. 20242. cable removal while providing for DEPARTMENT OF THE INTERIOR Dated: April 2, 1997. resource protection and restoration, and Terry R. Carlstrom, minimizing disturbance to visitors, National Park Service Acting Regional Director, National Capital Region. users, and operations. As a conceptual National Capital Region; National [FR Doc. 97–10432 Filed 4–22–97; 8:45 am] framework for formulating these Capital Memorial Commission Notice alternatives, the purposes of the Federal of Public Meeting BILLING CODE 4310±70±M lands managed will be identified and contrasted. Other key elements to be Notice is hereby given in accordance addressed include: project-associated with the Federal Advisory Committee DEPARTMENT OF THE INTERIOR Act that a meeting of the National cultural and natural resources, visitor Office of Surface Mining Reclamation Capital Memorial Commission will be patterns and experiences, authorized and Enforcement users, access and management facilities, held on Wednesday, April 29, 1997, at and available recovery and remediation 1 p.m., at the National Building Notice of Proposed Information techniques. Museum, Room 312, 5th and F Streets, Collection NW. Comments The Commission was established by AGENCY: Office of Surface Mining Public Law 99–652, the Commemorative Reclamation and Enforcement. All interested persons, organizations, Works Act, for the purpose of preparing ACTION: Notice and request for and agencies wishing to provide initial and recommending to the Secretary of comments. comments or suggestions about issues the Interior; Administrator, General and concerns recommended to be Services Administration; and Members SUMMARY: In compliance with the addressed in the DEIS/RP may send of Congress broad criteria, guidelines, Paperwork Reduction Act of 1995, the such information to the Superintendent, and policies for memorializing persons Office of Surface Mining Reclamation Mojave National Preserve, 222 East and events on Federal lands in the and Enforcement (OSM) is announcing Main Street, Suite 202, Barstow, National Capital Region (as defined in its intention to request approval for the California, 92311; or to Ms. Joan the National Capital Planning Act of collection of information for noncoal DeGraff, Project Manager, Denver 1952, as amended), through the media reclamation, 30 CFR Part 875. Service Center, 12795 West Alameda of monuments, memorials and statues. It DATES: Comments on the proposed Parkway, P.O. Box, Denver, Colorado, is to examine each memorial proposal information collection must be received 80225–0281. All such comments should for adequacy and appropriateness, make by June 23, 1997, to be assured of be postmarked not later than sixty (60) recommendations to the Secretary and consideration. days from the date of publication of this Administrator, and to serve as ADDRESSES: Comments may be mailed to Notice. All respondents will be information focal point for those John A. Trelease, Office of Surface included in timely project updates. In persons seeking to erect memorials on Mining Reclamation and Enforcement, addition, it is anticipated that several Federal land in the National Capital 1951 Constitution Ave., NW., Room public hearings will be held in late Region. 210—SIB, Washington, DC 20240. April or early May, 1997, affording an The members of the Commission are Comments may also be submitted additional early comment opportunity. as follows: electronically to [email protected]. Full details on times and locations of Director, National Park Service FOR FURTHER INFORMATION CONTACT: these sessions may be obtained by Chairman, National Capital Planning To request a copy of the information contacting the Project Manager at the Commission collection request, explanatory above address or via telephone at (303) The Architect of the Capital information and related forms, contact John A. Trelease, at (202) 208–2783. 969–2464. Chairman, American Battle Monuments Commission SUPPLEMENTARY INFORMATION: The Office Supplementary Information Chairman, Commission of Fine Arts of Management and Budget (OMB) Mayor of the District of Columbia regulations at 5 CFR 1320, which The subsequent availability of a DEIS/ Administrator, General Services implementing provisions of the RP will be announced by formal Notice Administration Paperwork Reduction Act of 1995 (Pub. and in local and regional news media. Secretary of Defense L. 104–13), require that interested The DEIS/RP is anticipated to be The purpose of the meeting will be to members of the public and affected completed and available for public discuss currently authorized and agencies have an opportunity to review during late summer, 1997. A proposed memorials in the District of comment on information collection and final environmental impact statement Columbia and environs. recordkeeping activities (see 5 CFR (FEIS) is anticipated to be completed The meeting will be open to the 1320.8(d)). This notice identifies approximately six months later. A public. Any person may file with the information collections that OSM will Record of Decision will be published in Commission a written statement be submitting to OMB for extension. the Federal Register not sooner than concerning the matters to be discussed. These collections are contained in 30 thirty (30) days after distribution of the Persons who wish to file a written CFR 876, Acid mine drainage treatment FEIS document. The responsible official statement or testify at the meeting or and abatement program. is the Regional Director, Pacific West who want further information OSM has revised burden estimates, Region, National Park Service. concerning the meeting may contact the where appropriate, to reflect current Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19811 reporting levels or adjustments based on Hazardous Air Pollutants for asbestos DEPARTMENT OF JUSTICE reestimates of burden or respondents. (‘‘the asbestos NESHAP’’), 40 C.F.R. Part OSM will request a 3-year term of 61, Subpart M, for their failures to Notice of Lodging of Consent Decree approval for each information collection comply with work practice standards Pursuant to the Clean Water Act activity. contained in the asbestos NESHAP Comments are invited on: (1) The during the removal, handling and In accordance with Departmental need for the collection of information disposal of asbestos from a building policy, 28 CFR § 50.7, and 42 U.S.C. for the performance of the functions of being demolished at 105–107 Duane § 9622(d), notice is hereby given that a the agency; (2) the accuracy of the Street in New York City (the ‘‘Duane proposed consent decree in United agency’s burden estimates; (3) ways to Street site’’). States v. Kennecott Greens Creek Mining enhance the quality, utility and clarity Company, Civil Action No. A97–0099– Under the terms of the Consent of the information collection; and (4) CV (JWS), was lodged on March 19, Decree, the Settling Defendants will ways to minimize the information 1997 with the United States District jointly pay to the United States a civil collection burden on respondents, such Court for the District of Alaska. The penalty of $25,000 and will comply as use of automated means of collection Complaint in this case alleges that with injunction requirements that, inter of the information. A summary of the Kennecott Greens Creek Mining alia, (a) Prohibit future violations of the public comments will accompany Company (‘‘Greens Creek’’) discharged Act and the asbestos NESHAP, (b) OSM’s submission of the information pollutants from its mine into Hawk collection request to OMB. require the Settling Defendants to Inlet, near Juneau, Alaska, at This notice provides the public with provide notice to EPA of future concentrations in excess of those 60 days in which to comment on the demolition or renovation operations, allowed by its National Pollutant following information collection and (c) require the Settling Defendants Discharge Elimination System permit. activity: to cooperate with the United States in The Consent Decree requires Greens Title: Noncoal reclamation, 30 CFR its prosecution of this case against Big Creek to continue operation of a Part 875. Apple Wrecking. The Decree resolves wastewater treatment system at the OMB Control Number: 1029–0103. only those civil claims alleged in the mine. The Consent Decree also requires Summary: This Part establishes complaint against settling defendants. procedures and requirements for State Greens Creek to pay a civil penalty of and Indian tribes to conduct noncoal The Department of Justice will $300,000. receive, for a period of thirty (30) days reclamation under abandoned mine The Department of Justice will from the date of this publication, land funding. The information is needed receive, for a period of thirty (30) days written comments relating to the to assure compliance with the Surface from the date of this publication, proposed Consent Decree. Comments Mining Control and Reclamation Act of comments relating to the proposed should be addressed to the Assistant 1977. consent decree. Comments should be Attorney General for the Environment Bureau Form Number: None. addressed to the Assistant Attorney and Natural Resources Division, Frequency of Collection: On occasion. General for the Environment and Department of Justice, Washington, D.C. Description of Respondents: State Natural Resources Division, Department governments and Indian Tribes. 20530, and should refer to United States of Justice, Washington, D.C. 20530, and Total Annual Responses: 4. v. Big Apple Wrecking Corp., et al., DOJ should refer to United States v. Total Annual Burden Hours: 220. # 90–5–2–1–1281, 88 Civ. No. 9190 Kennecott Greens Creek Mining (DNE). Dated: April 17, 1997. Company, DOJ Ref. #90–5–1–1–4346. Arthur W. Abbs, The proposed Consent Decree may be The proposed consent decree may be examined at the Office of the Untied Chief, Division of Regulatory Support. examined at the office of the United States Attorney, Southern District of [FR Doc. 97–10418 Filed 4–22–97; 8:45 am] States Attorney, Federal Bldg. & U.S. New York, 100 Church Street, 19th BILLING CODE 4310±05±M Courthouse, 222 W. 7th Ave., Floor, New York, New York 10007; at Anchorage AK 99513, the Region 10 the Region II Office of the U.S. Office of the Environmental Protection Environmental Protection Agency, 290 DEPARTMENT OF JUSTICE Agency, 1200 Sixth Ave., Seattle, WA Broadway, New York, New York 10278; 98101, and at the Consent Decree Notice of Consent Judgment Pursuant and at the Consent Decree Library, 1120 Library, 1120 G Street, N.W., 4th Floor, to the Clean Air Act G Street, N.W., 4th Floor, Washington, Washington, D.C. 20005, (202) 624– D.C. 20005, (202) 624–0892. Copies of In accordance with Departmental 0892. A copy of the proposed consent the Consent Decree may be obtained in Policy, 28 C.F.R. § 50.7, 38 FR 19029, decree may be obtained in person or by person or by mail from the Consent notice is hereby given that a proposed mail from the Consent Decree Library, Decree Library, 1120 G Street, N.W., 4th Consent Decree in United States v. Big 1120 G Street, N.W., 4th Floor, Floor, Washington, D.C. 20005. In Apple Wrecking Corp., et al., 88 Civ. No. Washington, D.C. 20005. In requesting a requesting a copy, please enclose a 9190 (DNE), was lodged in the United copy please refer to the referenced case check in the amount of $3.50 (25 cents States District Court for the Southern and enclose a check in the amount of per page reproduction costs) payable to District of New York, on March 3, 1997. $5.75 (25 cents per page reproduction the Consent Decree Library. The proposed Consent Decree resolves costs), payable to the Consent Decree the United States’ claims against Leon Joel M. Gross, Library. D. DeMatteis Construction Corp. Environmental Enforcement Section, Joel M. Gross, (‘‘DeMatteis’’) and Crescent-Duane Environment and Natural Resources Division. Chief, Environmental Enforcement Section, Company (‘‘Crescent-Duane’’) under [FR Doc. 97–10450 Filed 4–22–97; 8:45 am] section 112 of the Clean Air Act (‘‘the Environment and Natural Resources Division. BILLING CODE 4410±15±M Act’’), 42 U.S.C. § 7412, and the [FR Doc. 97–10452 Filed 4–22–97; 8:45 am] National Emission Standards for BILLING CODE 4410±15±M 19812 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

DEPARTMENT OF JUSTICE (twenty-five cents per page reproduction check in the amount of $20.00 for the costs) payable to the ‘‘Consent Decree consent decree without attachments, Notice of Lodging of Consent Decree Library.’’ $63.50 with attachments (25 cents per Pursuant to the Comprehensive Joel M. Gross, page reproduction costs), payable to the Environmental Response, Chief, Environmental Enforcement Section, Consent Decree Library. Compensation and Liability Act of 1980 Environment and Natural Resources Division. Joel M. Gross, In accordance with Department [FR Doc. 97–10499 Filed 4–22–97; 8:45 am] Chief, Environmental Enforcement Section, policy, 28 CFR 50.7, and 42 U.S.C. BILLING CODE 4410±15±M Environment and Natural Resources Division. § 9622(d)(2), notice is hereby given that [FR Doc. 97–10451 Filed 4–22–97; 8:45 am] on April 8, 1997, a Consent Decree was BILLING CODE 4410±15±M lodged in United States v. Kennecott DEPARTMENT OF JUSTICE Holdings Corporation, et al., Civil Notice of Lodging of Consent Decree DEPARTMENT OF LABOR Action No. 97–39–BLG–JDS with the Pursuant to the Comprehensive United States District Court for the Environmental Response, Office of the Secretary District of Montana. Compensation, and Liability Act The Complaint in this case was filed with Section 107 of the Comprehensive In accordance with Departmental Submission for OMB Emergency Environmental Response, Compensation policy, 28 C.F.R. § 50.7, and 43 U.S.C. Review, Comment Request and Liability Act of 1980, as amended § 9622(d), notice is hereby given that a April 16, 1997. (‘‘CERCLA’’), 42 U.S.C. § 9607, with proposed consent decree in United The Department of Labor has respect to the McLaren Tailings States v. Kerr-McGee Chemical submitted the following (see below) Superfund Site located in Park County, Corporation, Civil Action No. 97–0121– information collection request (ICR), Montana against Kennecott Holdings E–BLW, was lodged on March 21, 1997 utilizing emergency review procedures, Corporation and Kennecott Montana with the United States District Court for to the Office of Management and Budget Company. Pursuant to the terms of the the District of Idaho. The Complaint in (OMB) for review and clearance in Consent Decree, which resolves claims this case alleges claims for recovery of accordance with the Paperwork under the above-mentioned statute and response costs and injunctive relief Reduction Act of 1995 (P.L. 104–13, 44 under Section 7003 of the Resource arising out of the release of hazardous U.S.C. Chapter 35). OMB approval has Conservation and Recovery Act (RCRA), substances at Kerr-McGee Chemical been requested by April 25, 1997. A 42 U.S.C. § 6973, the settling defendants Corporation’s vanadium plant in copy of this ICR, with applicable will covenant not to seek Caribou County, Idaho. The Consent supporting documentation, may be reimbursement of response costs Decree requires Kerr-McGee to eliminate obtained by calling the Department of incurred at the Site from the United uncontrolled discharges of wastewater Labor Department Clearance Officer, States and the United States covenants into groundwater, excavate tailings and Theresa M. O’Malley ((202)–219–5096, not to sue the settling defendants for institute institutional controls to ext. 143). response costs incurred by the United prevent consumption of groundwater Comments and questions about the States at the Site. that exceeds health standards. The ICR listed below should be forwarded to The Department of Justice will receive Consent Decree also requires Kerr- the Office of Information and Regulatory comments relating to the proposed McGee to pay the United States’ costs Affairs, Attn: OMB Desk Officer for the Consent Decree for a period of thirty associated with the Site. Department of Labor, Office of days from the date of publication of this The Department of Justice will Management and Budget, Room 10235, notice. Comments should be addressed receive, for a period of thirty (30) days Washington, DC 20503 ((202) 395– to the Assistant Attorney General, from the date of this publication, 7316). The Office of Management and Environment and Natural Resources comments relating to the proposed Budget is particularly interested in Division, Department of Justice, consent decree. Comments should be comments which: Washington, D.C. 20530, and should addressed to the Assistant Attorney • Evaluate whether the proposed refer to United States v. Kennecott General for the Environment and collection of information is necessary Holdings Corporation, et. al., DOJ Ref. Natural Resources Division, Department for the proper performance of the No. 90–11–3–1644. Commenters may of Justice, Washington, D.C. 20530, and functions of the agency, including request an opportunity for a public should refer to United States v. Kerr- whether the information will have meeting in the affected area, in McGee Chemical Corporation, DOJ Ref. practical utility; accordance with Section 7003(d) of No. 90–11–2–1208. • Evaluate the accuracy of the RCRA. The proposed consent decree may be agency’s estimate of the burden of the The proposed Consent Decree may be examined at the office of the United proposed collection of information, examined at the office of the United States Attorney, 877 W. Main St., Suite including the validity of the States Attorney, District of Montana, 201, Boise, Idaho 83702; at the Region methodology and assumptions used; 2929 3rd Avenue North, Suite 400, 10 Office of the Environmental • Enhance the quality, utility, and Billings, Montana 59103 or at the offices Protection Agency, 1200 Sixth Avenue, clarity of the information to be of the Environmental Protection Seattle, Washington, 98101; and at the collected; and Agency, Region VIII, 999 18th Street, Consent Decree Library, 1120 G Street, • Minimize the burden of the Suite 500, Denver, Colorado, 80202. N.W., 4th Floor, Washington, D.C. collection of information on those who Copies of the Consent Decree may also 20005, (202) 624–0892. A copy of the are to respond, including through the be examined and obtained by mail at the proposed consent decree may be use of appropriate automated, Consent Decree Library, 1120 G Street, obtained in person or by mail from the electronic, mechanical, or other N.W., 4th Floor, Washington, D.C. Consent Decree Library, 1120 G Street, technological collection techniques or 20005 (202–624–0892). When N.W., 4th Floor, Washington, D.C. other forms of information technology, requesting a copy by mail, please 20005. In requesting a copy please refer e.g., permitting electronic submissions enclose a check in the amount of $5.50 to the referenced case and enclose a of responses. Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19813

Agency: Department of Labor, Bureau individual ICR, with applicable Without this information, the of International Labor Affairs. supporting documentation, may be Administrator would not have the Title: International Child Labor Study obtained by calling the Department of means to determine whether or not Company Questionnaires. Labor, Departmental Clearance Officer, WECEP program meets requirements to OMB Number: 1225–0 new. Theresa M. O’Malley ((202) 219–5096 permit the employment of minors, 14 Frequency: One time. ext. 143). Individuals who use a and 15 years of age, under conditions Affected Public: Business or other telecommunications device for the deaf and in occupations which are otherwise profit. (TTY/TDD) may call (202) 219–4720 prohibited by child labor regulations. Number of Respondents: 50. between 1:00 p.m. and 4:00 p.m. Eastern Agency: Employment Standards Estimated Time Per Respondent: 3 time, Monday through Friday. Administration. hours. Comments should be sent to Office of Title: Regulations to Implement the Total Burden Hours: 150. Information and Regulatory Affairs, Remedial Education Provisions of the Total Burden Cost (Capital/startup): Attn.: OMB Desk Officer for BLS, DM, Fair Labor Standards Amendments of 0. ESA, ETA, MSHA, OSHA, PWBA, or 1989—29 CFR 516.34. Total Burden Cost (Operating and VETS, Office of Management and OMB Number: 1215–0175 (extension). maintenance): 0. Budget, Room 10235, Washington, DC Frequency: On occasion. Description: The Department of Labor 20503 ((202) 395–7316), by May 23, Affected Public: Business or other for- (DOL) requires the requested 1997. profit; Not for-profit institutions; State, information in order to complete a The OMB is particularly interested in Local or Tribal Government. Congressionally-mandated report on comments which: Number of Respondents: 15,000. international child labor (pursuant to • evaluate whether the proposed Estimated Time Per Respondent: 10 the 1997 Departments of Labor, Health collection of information is necessary minutes. and Human Services, and Education for the proper performance of the Total Burden Hours: 5,000. and Related Agencies Appropriation functions of the agency, including Total Annualized capital/startup Bill, P.L. 104–134). Congress has whether the information will have costs: 0. requested that DOL’s report include an practical utility; Total annual costs (operating/ analysis of efforts by importers to • evaluate the accuracy of the maintaining systems or purchasing eliminate exploitative child labor in agency’s estimate of the burden of the services): 0. sectors where exploitative child labor is proposed collection of information, Description: Pursuant to Section 7(g) a problem, including through codes of including the validity of the of the Fair Labor Standards Act (FLSA), conduct or labeling systems. The methodology and assumptions used; as amended, employees who lack a high industries to be reviewed, hand-knotted • enhance the quality, utility, and school diploma or whose reading level carpets, soccer balls, leather footwear, clarity of the information to be or basic skills are at or below the eighth and tea, are based on products collected; and grade level may be required to attend up identified in earlier DOL child labor • minimize the burden of the to ten hours per week of remedial reports. In order to fulfill the collection of information on those who education. The additional hours Congressional mandate, DOL requests are to respond, including through the devoted to such remedial education do that U.S. importers of these goods use of appropriate automated, not have to be compensated at the time furnish information regarding any electronic, mechanical, or other and one-half overtime rate set forth in programs in which they participate to technological collection techniques or FLSA Section 7(a). However, employees eliminate child labor in these industries, other forms of information technology, must receive compensation at their particularly labeling efforts to inform e.g., permitting electronic submission of regular rate of pay for time spent consumers that no child labor is used in responses. receiving such remedial education. The the production of these products. DOL Agency: Employment Standards basic recordkeeping requirements for has requested an emergency review in Administration. employers of employees subject to the order to complete the study by July 15, Title: Work Experience and Career FLSA are contained in 29 CFR Part 516, 1997. Exploration Programs (WECEP)—29 Records to be Kept by Employers. Theresa M. O’Malley, CFR Part 570.35A. Failure to require such records to be Departmental Clearance Officer. OMB Number: 1215–0121 (extension). kept would make it very difficult to Frequency: Biennially. determine compliance. [FR Doc. 97–10423 Filed 4–22–97; 8:45 am] Affected Public: Individuals or Theresa M. O’Malley, BILLING CODE 4510±28±M households; State, Local or Tribal Government. Departmental Clearance Officer. Number of Respondents: 16,016. [FR Doc. 97–10425 Filed 4–22–97; 8:45 am] DEPARTMENT OF LABOR Estimated Time Per Respondent: 2 BILLING CODE 4510±27±M Office of the Secretary hours per WECEP application; 1 hour per training agreement. DEPARTMENT OF LABOR Submission for OMB review; comment Total Burden Hours: 8,016. Total Annualized capital/startup request Employment and Training costs: 0. Administration April 17, 1997. Total annual costs (operating/ The Department of Labor (DOL) has maintaining systems or purchasing Federal-State Unemployment submitted the following public services): $3.00. Compensation Program: information collection requests (ICRs) to Description: Section 570.35a(2) of the Unemployment Insurance Program the Office of Management and Budget Fair Labor Standards Act requires that a Letters Interpreting Federal (OMB) for review and approval in letter of application requesting approval Unemployment Insurance Law accordance with the Paperwork of WECEP be filed by a State Reduction Act of 1995 (P.L. 104–13, 44 educational agency with the The Employment and Training U.S.C. Chapter 35). A copy of each Administrator, Wage and Hour Division. Administration interprets Federal law 19814 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices requirements pertaining to 3309(b)(3)(D), FUTA, which permits the deal directly with an emergency or urgent unemployment compensation as part of exclusion from coverage of temporary distress associated with an emergency. [122 its role in the administration of the governmental services performed ‘‘in case of Cong. Rec. 35131 (1976). Emphasis added.] Federal-State unemployment ** * emergency’’. This UIPL is issued to In 1976 the Department quoted the above compensation program. These restate the Department’s interpretation language and stated that— concerning what services are performed ‘‘in [T]he exclusion applies to individuals who interpretations are issued in case of * * * emergency’’ and to provide the Unemployment Insurance Program are hired or impressed to assist in Department’s position on the distinction emergencies and includes such tasks as fire- Letters (UIPLs) to the State Employment between emergencies and disasters. Security Agencies (SESAs). The UIPL fighting, removal of storm debris, restoration Rescissions, None of public facilities, snow removal, road described below is published in the Expiration Date, Continuing clearance, etc. [1976 Draft Legislation, page Federal Register in order to inform the 4. Federal Law Requirements. The 27. Emphasis added.] Department has long taken the position that, public. The FUTA exclusion applies only to because FUTA is a remedial statute aimed at services performed ‘‘in case of’’ fire, storm, UIPL 22–97 overcoming the evils of unemployment, it is snow, earthquake, flood, or similar Several questions have arisen to be liberally construed to effectuate its purposes and exceptions to its coverage emergency. ‘‘Emergency’’ is defined in the concerning the coverage of certain Second College Edition of the American governmental services performed as a requirements are to be narrowly construed. This rule of construction avoids ‘‘difficulties Heritage Dictionary as ‘‘an unexpected result of natural disasters. These for which the remedy was devised and adroit situation or sudden occurrence of a serious questions have concerned Section schemes by some employers and employees and urgent nature that demands immediate 3309(b)(3)(D) of the Federal to avoid the immediate burdens at the action.’’ The FUTA language ‘‘in case of’’ Unemployment Tax Act, which permits expense of the benefits sought by the indicates that it is the emergency itself—or the exclusion from coverage of legislation.’’ 1 As such, provisions requiring the urgent distress caused by the temporary governmental services coverage of services are construed broadly, emergency—which must directly cause the performed ‘‘in case of * ** while exceptions to required coverage are need for the services to be performed. emergency’’. This UIPL is issued to construed narrowly. Therefore, for the services to be performed restate the Department’s interpretation Among other things, Section 3304(a)(6)(A), ‘‘in case of * * * emergency,’’ a direct concerning what services are performed FUTA, requires coverage of services relationship must exist between the services ‘‘in case of * * * emergency’’ and to performed for certain governmental entities. and the emergency, as defined above. Specifically, it requires coverage of services Whether services performed as a result of provide the Department’s position on to which Section 3309(a)(1) applies. Among a disaster are also performed ‘‘in case of the distinction between emergencies these services are those excluded from the ** * emergency’’ must be determined on a and disasters. This UIPL does not term ‘‘employment’’ solely by reason of case-by-case basis. ‘‘Disaster’’ is defined in represent a change to the Department’s Section 3306(c)(7). Section 3306(c)(7) applies the Second College Edition of the American interpretation of Federal law. to services performed for a ‘‘State, or any Heritage Dictionary as ‘‘an occurrence Dated: April 17, 1997. political subdivision thereof’’ and causing widespread destruction and instrumentalities of these entities. Exceptions Raymond J. Uhalde, distress.’’ Since disaster-related services may to this required coverage are permitted only be performed after the need for immediate Acting Assistant Secretary of Labor. when specified by Federal law. action has passed, they are not necessarily U.S. Department of Labor Section 3309(b)(3) excludes from required performed ‘‘in case of * * * emergency.’’ For coverage services performed for the above example, services performed removing Employment and Training Administration, governmental entities if such service is hurricane debris to gain access to a hospital Washington, DC 20210 performed by an individual in the exercise of are performed ‘‘in case of * * * emergency’’ Classification, UI his duties— when there is an immediate need to obtain Correspondence Symbol, TEUL (d) as an employee serving on a temporary Date, April 14, 1997 basis in case of fire, storm, snow, earthquake, access to the hospital. However, when the removal of hurricane debris from the Directive: Unemployment Insurance Program flood, or similar emergency. * * * [Emphasis roadside does not require immediate action, Letter No. 22–97 added.] To: All State Employment Security Agencies 5. Discussion. In his remarks on the services are not performed ‘‘in case of * ** From: Grace A. Kilbane, Director, legislation which created the emergency emergency’’ and may not be excluded from Unemployment Insurance Service exclusion, Representative Corman, the acting coverage on that basis. Subject: Exclusion of Governmental Services chairman of the responsible subcommittee, Conversely, an emergency situation does Performed ‘‘In Case of Emergency’’ stated that— not always rise to the level of a disaster. For 1. Purpose. To restate a Departmental A similarly worded exclusion is also example, an emergency situation need not be interpretation of a Federal law exclusion contained in the Social Security Act and in widespread. Thus, even in the absence of a from unemployment compensation (UC) the unemployment compensation program disaster, services may be performed ‘‘in case coverage for governmental services for Federal employees. This exclusion has of * * * emergency’’ and the services may be performed in case of emergency and to the purpose of excluding only those excluded from coverage. provide the Department’s position on the individuals hired or impressed into service to Each State is responsible for obtaining distinction between emergencies and sufficient facts to support a determination disasters. 1 This rule of construction was set forth on page under provisions of State law corresponding 2. References. The Federal Unemployment 5 of Supplement #5—Questions and Answers to the FUTA exclusion that the services were Tax Act (FUTA); Draft Language and Supplementing Draft Language and Commentary to performed ‘‘in case of * * * emergency.’’ Commentary to Implement the Implement the Unemployment Compensation 6. Action required. State agency Amendments of 1976—P.L. 94–566, dated Unemployment Compensation Amendments administrators are requested to provide this November 13, 1978. Several Federal court of 1976—P.L. 94–566 (1976 Draft Language). decisions, including two involving Federal UC law, UIPL to appropriate staff. 3. Background. In the past year, several United States v. Silk, 331 U.S. 704, 712 (1947) and 7. Inquiries. Direct questions to your questions have arisen concerning the Farming, Inc. v. Manning, 219 F.2d 779, 782 (3d Regional Office. coverage of certain governmental services Cir., 1955), state this principle. More recently this performed as a result of natural disasters. principle was stated in UIPL 30–96, dated August [FR Doc. 97–10466 Filed 4–22–97; 8:45 am] These questions have concerned Section 8, 1996. BILLING CODE 4510±30±M Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19815

DEPARTMENT OF LABOR U.S.C. 1142, a public meeting will be Income Security Act of 1974 (ERISA), 29 held May 13 of the Advisory Council on USC 1142, the Advisory Council on Occupational Safety and Health Employee Welfare and Pension Benefit Employee Welfare and Pension Benefit Administration Plans Working Group formed to study Plans Working Group established to [Docket No. ICR±97±12] Soft Dollar Arrangements and Study the Merits of Defined Commission Recapture. Contribution vs. Defined Benefit Plans Agency Information Collection The session will take place in Room With an Emphasis on Small Business N–5437 A&B, Department of Labor Activities; Announcement of OMB Concerns will hold a public meeting on Approval Building, Second and Constitution Avenue, NW, Washington, DC 20210. May 13, 1997 in Room N–5437 A&B, AGENCY: Occupational Safety and Health The purpose of the open meeting, which Department of Labor Building, Second Administration, Labor. will run from 1:00 p.m. to and Constitution Avenue, NW, ACTION: Notice. approximately 3:30 p.m., is for Working Washington, DC 20210. Group members to begin taking The purpose of the open meeting, SUMMARY: The Occupational Safety and testimony on the topics of industry soft which will run from 9:30 a.m. to Health Administration (OSHA) is dollar and directed brokerage practices. approximately noon, is for Working announcing that a collection of Members of the public are encouraged Group members to begin taking information regarding an annual OSHA to file a written statement pertaining to testimony on the topic. injury and illness survey of ten or more any topic concerning ERISA by employers has been approved by the submitting 20 copies on or before May Members of the public are encouraged Office of Management and Budget 6, 1997, to Sharon Morrissey, Executive to file a written statement pertaining to (OMB) under the Paperwork Reduction Secretary, ERISA Advisory Council, any topic concerning ERISA by Act of 1995. This document announces Department of Labor, Room N–5677, submitting 20 copies on or before May the OMB approval number. 200 Constitution Avenue, NW, 6, 1997, to Sharon Morrissey, Executive FOR FURTHER INFORMATION CONTACT: Washington, DC 20210. Individuals or Secretary, ERISA Advisory Council, James Maddux, Office of Statistics, representatives of organizations wishing Department of Labor, Room N–5677, Occupational Safety and Health to address the Working Group on Soft 200 Constitution Avenue, NW, Administration, U.S. Department of Dollar Arrangements and Commission Washington, DC 20210. Individuals or Labor, Room N3507, 200 Constitution Recapture should forward their request representatives of organizations wishing Avenue, NW, Washington, D.C. 20210, to the Executive Secretary or telephone to address the Working Group on telephone (202) 219–6463. (202) 219–8753. Oral presentations will Studying the Merits of Defined SUPPLEMENTARY INFORMATION: In the be limited to 10 minutes, but an Contribution vs. Defined Contribution Federal Register of February 11, 1997 extended statement may be submitted Plans With an Emphasis on Small (62 FR 6434), the Agency announced the for the record. Individuals with Business Concerns should forward their proposed information collection had disabilities, who need special request to the Executive Secretary or been submitted to OMB for review and accommodations, should contact Sharon telephone (202) 219–8753. Oral Morrissey by May 6, at the address clearance. In accordance with the presentations will be limited to 10 indicated in this notice. Paperwork Reduction Act of 1995 (44 minutes, but an extended statement may U.S.C. 3501–3520), OMB has approved Organizations or individuals may also submit statements for the record be submitted for the record. Individuals the information collection and assigned with disabilities, who need special OMB control number 1218–0214. The without testifying. Twenty (20) copies of such statements should be sent to the accommodations, should contact Sharon approval expires 4/30/2000. Under 5 Morrissey by May 6, at the address CFR 1320.5(b), an Agency may not Executive Secretary of the Advisory Council at the above address. Papers indicated in this notice. conduct or sponsor, and a person is not will be accepted and included in the required to respond to, a collection of Organizations or individuals may also record of the meeting if received on or information unless the collection submit statements for the record before May 6. displays a valid control number. without testifying. Twenty (20) copies of Signed at Washington, DC, this 17th day of such statements should be sent to the Dated: April 12, 1997. April, 1997. Executive Secretary of the Advisory Stephen A. Newell, Olena Berg, Council at the above address. Papers Director, OSHA Office of Statistics. Assistant Secretary, Pension and Welfare will be accepted and included in the [FR Doc. 97–10424 Filed 4–22–97; 8:45 am] Benefits Administration. record of the meeting if received on or BILLING CODE 4510±26±M [FR Doc. 97–10463 Filed 4–22–97; 8:45 am] before May 6. BILLING CODE 4510±29±M Signed at Washington, DC, this 17th day of DEPARTMENT OF LABOR April, 1997. DEPARTMENT OF LABOR Olena Berg, Pension and Welfare Benefits Assistant Secretary, Pension and Welfare Administration Pension and Welfare Benefits Benefits Administration. Administration Working Group Studying Soft Dollar [FR Doc. 97–10464 Filed 4–23–97; 8:45 am] Arrangements and Commission Working Group on Studying the Merits BILLING CODE 4510±29±M Recapture; Advisory Council on of Defined Contribution vs. Defined Employee Welfare and Pension Benefit Plans; Advisory Council on Benefits Plans; Notice of Meetings Employee Welfare and Pension Benefits Plans; Notice of Meeting Pursuant to the authority contained in Section 512 of the Employee Retirement Pursuant to the authority contained in Income Security Act of 1974 (ERISA), 29 Section 512 of the Employee Retirement 19816 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

DEPARTMENT OF LABOR record of the meeting if received on or Fort Worth, Texas. The license before May 6. authorized the Licensee to distribute Pension and Welfare Benefits Signed at Washington, DC this 17th day of luminous gunsights or weapons Administration April, 1997. containing luminous gunsights in Olena Berg, accordance with the conditions Working Group Studying Employer specified therein. Assets In ERISA Employer-Sponsored Assistant Secretary, Pension and Welfare Plans; Advisory Council on Employee Benefits Administration. II Welfare and Pension Benefits Plans; [FR Doc. 97–10465 Filed 4–22–97; 8:45 am] An investigation of the Licensee’s Notice of Meeting BILLING CODE 4510±29±M activities was conducted from May 9, 1995 through March 22, 1996. The Pursuant to the authority contained in results of this investigation indicated Section 512 of the Employee Retirement NATIONAL TRANSPORTATION that the Licensee had not conducted its Income Security Act of 1974 (ERISA), 29 SAFETY BOARD activities in full compliance with NRC USC 1142, a public meeting will be held requirements. A written Notice of on May 14, 1997 of the Advisory Sunshine Act Meeting Violation and Proposed Imposition of Council on Employee Welfare and Public Board of Inquiry in Puerto Rico; Civil Penalty (Notice) was served upon Pension Benefit Plans Working Group Explosion the Licensee by letter dated May 15, studying Employer Assets in ERISA 1996. The Notice states the nature of the Employer-Sponsored Plans. In connection with its investigation of violations, the provisions of the NRC’s the explosion in the Humberto Vidal The purpose of the open meeting, requirements that the Licensee had shoe store and office building in San which will run from 9:30 a.m. to violated, and the amount of the civil Juan, Puerto Rico, on November 21, approximately noon and from 1:00 p.m. penalty proposed for the violations. 1996, the National Transportation Safety until approximately 3:30 p.m. in Room The Licensee responded to the Notice Board will convene a public board of N–5437 A&B, Department of Labor in a Reply and an Answer, both dated inquiry at 9:00 a.m., on Monday, June 2, Building, Second and Constitution October 1, 1996. In its responses, the 1997, in the ballroom of the Embassy Avenue NW, Washington, DC 20210, is Licensee admitted that the events that Suites Hotel, 8000 Tartak Street, for Working Group members to begin constitute the violations occurred, but Carolina, Puerto Rico. For more taking testimony on the topic of denied that these were violations of information, contact Pat Cariseo, Office employer assets in ERISA employer- lawful exercise of regulatory authority of Public Affairs, Washington, D.C. sponsored plans. The work group will under the Atomic Energy Act, asserted 20594, telephone (202) 314–6100. that the penalty would cause financial seek testimony related to Department of This meeting is physically accessible Labor issues and violations related to hardship, and disagreed with other to people with disabilities. Requests for aspects of the enforcement process. employer assets held by the plan, sign language interpretation or other current and legislative history and auxiliary aids should be directed to III actions related to employer assets held Robert Barlett, 202–314–6446 (voice) or After consideration of the Licensee’s by a plan and discussion related to the 202–314–6482 (fax), at least 5 days prior response and the statements of fact, types of plans that include employer to board of inquiry date. explanation, and argument for assets or securities. Dated: April 21, 1997. mitigation contained therein, the NRC Members of the public are encouraged staff has determined, as set forth in the Bea Hardesty, to file a written statement pertaining to Appendix to this Order, that the any topic concerning ERISA by Federal Register Liaison Officer. violations occurred as stated and that submitting 20 copies on or before May [FR Doc. 97–10606 Filed 4–21–97; 8:45 am] the amount of the proposed penalty for 6, 1997, to Sharon Morrissey, Executive BILLING CODE 7533±01±P the violations designated in the Notice Secretary, ERISA Advisory Council, should be mitigated by $5,000 and a Department of Labor, Room N–5677, civil penalty of $2,500 imposed. 200 Constitution Avenue, NW, NUCLEAR REGULATORY Washington, DC 20210. Individuals or COMMISSION IV representatives of organizations wishing [Docket No. 030±30266; License No. 30± In view of the foregoing and pursuant to address the Working Group on 23697±01E EA 96±135] to Section 234 of the Atomic Energy Act Employer Assets in ERISA Employer- of 1954, as amended (Act), 42 U.S.C. Sponsored Plans should forward their 21st Century Technologies, Inc. 2282, and 10 CFR 2.205, It is hereby request to the Executive Secretary or successor Licensee to Innovative ordered that: telephone (202) 219–8753. Oral Weaponry, Inc., Fort Worth, Texas, The Licensee pay a civil penalty in the presentations will be limited to 10 Order Imposing Civil Monetary Penalty amount of $2,500 within 30 days of the date minutes, but an extended statement may of this Order, by check, draft, money order, be submitted for the record. Individuals I or electronic transfer, payable to the with disabilities, who need special Innovative Weaponry, Inc. [of New Treasurer of the United States and mailed to accommodations, should contact Sharon Mexico] was the former holder of James Lieberman, Director, Office of Enforcement, U.S. Nuclear Regulatory Morrissey by May 6, 1997, at the Materials License No. 30–23697–01E Commission, One White Flint North, 11555 address indicated in this notice. issued by the Nuclear Regulatory Rockville Pike, Rockville, MD 20852–2738. Organizations or individuals may also Commission (NRC or Commission) and submit statements for the record which was amended on April 3, 1995 to V without testifying. Twenty (20) copies of name Innovative Weaponry of Nevada The Licensee may request a hearing such statements should be sent to the (Licensee) as the licensee. The license within 30 days of the date of this Order. Executive Secretary of the Advisory was subsequently amended to change Where good cause is shown, Council at the above address. Papers the name to 21st Century Technologies, consideration will be given to extending will be accepted and included in the Inc., and reissued to reflect a move to the time to request a hearing. A request Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19817 for extension of time must be made in Inc., Model PRH–800/G/200 sealed light sources from a manufacturer who was not writing to the Director, Office of sources. mentioned in the license. As to the second Enforcement, U.S. Nuclear Regulatory Contrary to the above, from June to August violation, distribution of sources in Commission, Washington, D.C. 20555, 1995, the licensee distributed tritium sealed configurations not authorized, the only light sources from a manufacturer not logical inference that can be drawn from the and include a statement of good cause authorized in the license. (01013) language of the October 1, 1996 Reply is that for the extension. A request for a B. License Condition 10 of License No. 30– the Licensee also admits the facts of that hearing should be clearly marked as a 23697–01E authorizes the licensee to violation. In addition, at the April 23, 1996 ‘‘Request for an Enforcement Hearing’’ distribute sealed light sources in specified Predecisional Enforcement Conference the and shall be addressed to the Director, gunsights and in specified configurations. Licensee conceded that the events described Office of Enforcement, U.S. Nuclear Contrary to the above, from July to in the Notice had occurred. The Licensee has Regulatory Commission, Washington, September 1995, the licensee distributed not challenged the NRC’s findings that the tritium sealed light sources in configurations D.C. 20555, with a copy to the unauthorized distributions occurred and has not specified or otherwise authorized in the not provided any facts to support such a Commission’s Document Control Desk, license. (01023) challenge. Thus, there is no need to further Washington, D.C. 20555. Copies also These violations represent a Severity Level address the factual determinations. shall be sent to the Assistant General III problem (Supplement VI). Civil Penalty— As to the assertion that the conditions or Counsel for Hearings and Enforcement $7,500. restrictions contained in the license are at the same address and to the Regional Summary of Licensee’s Response to unlawful due to their failure to ensure public Administrator, NRC Region IV, 611 Violations health and safety, the regulations controlling radioactive materials are promulgated under Ryan Plaza Drive, Suite 400, Arlington, In its October 1, 1996 ‘‘Reply to Notice of Texas 76011. the Act to protect health and minimize Violation,’’ the Licensee admitted that it danger to life by assuring that licensees will If a hearing is requested, the distributed tritium sealed sources from a do what is required. The regulations require Commission will issue an Order manufacturer not mentioned in the license that sufficient information concerning the designating the time and place of the but denied that that was a violation of a sources and the product be submitted prior hearing. If the Licensee fails to request lawful exercise of regulatory authority under to issuance of a license, to demonstrate that a hearing within 30 days of the date of the Atomic Energy Act of 1954, as amended. the product will meet the safety criteria set The Licensee did not specifically admit or this Order (or if written approval of an forth in the regulations for that type of deny the violation of distribution of tritium product. Thus, if a licensee manufactures extension of time in which to request a sealed light sources in configurations not hearing has not been granted), the products in unapproved configurations, the specified or otherwise authorized in the NRC has no way of knowing if the product provisions of this Order shall be license, but implied admission of that act by poses a threat to public health and safety. effective without further proceedings. If use of statements such as ‘‘[t]he reason for The provisions concerning the specific both actions was inadvertent error’’ and payment has not been made by that source and gunsight models listed in IWI’s ‘‘[t]he distribution of configurations time, the matter may be referred to the license were not imposed by the NRC; rather, mentioned [sic] in the license was also made Attorney General for collection. the list of authorized source models, without direct knowledge of corporate designation of suppliers of tritium sources, In the event the Licensee requests a management,’’ and further discussed those and the specific configurations of gunsights hearing as provided above, the issues to acts in the context of admitting that the acts came directly from information submitted by be considered at such hearing shall be: occurred. The Licensee denies that either of IWI to the NRC during the licensing process. these activities constitutes a violation of a The thrust of the Licensee’s disagreement (a) Whether the Licensee was in lawful exercise of regulatory authority under goes to the agency’s jurisdiction and the violation of the Commission’s the Atomic Energy Act and relevant case law. requirements as set forth in the Notice The Licensee further argues that the licensing system promulgated under 10 CFR Part 30. Section 81 of the Atomic Energy Act referenced in Section II above, and provisions of the license requiring ‘‘designation of manufacturers’’ and (AEA or Act) provides in part that a person (b) Whether, on the basis of those may not transfer or receive, own, or possess violations, this Order should be ‘‘description of the configuration of the gunsights as a condition precedent to any byproduct material except as authorized sustained. distribution’’ are unlawful because they are pursuant to the AEA. Dated at Rockville, Maryland this 10th day beyond the jurisdiction of the NRC to The NRC’s jurisdiction under Section 81 of of April 1997. regulate. the Act to regulate use of sealed sources For the Nuclear Regulatory Commission. In its October 1, 1996 ‘‘Answer to Notice containing byproduct material is long- established. Regulations controlling James Lieberman, of Violation,’’ the Licensee denied the violations to the extent and for the reasons radioactive materials are promulgated under Director, Office of Enforcement. set out in its ‘‘Reply to Notice of Violation,’’ the Act to protect health and minimize danger to life by endeavoring to ensure that Appendix—Evaluation and Conclusion and enumerated the following as extenuating circumstances: (1) The NRC lacks licensees will do what is required to prevent On May 15, 1996, a Notice of Violation and jurisdiction, (2) there were no adverse adverse impacts on public health and safety. Proposed Imposition of Civil Penalty (Notice) consequences to public health and safety, (3) As noted in the General Statement of Policy was issued for violations identified during an the alleged acts were not intentional and and Procedure for NRC Enforcement Actions, NRC investigation. Innovative Weaponry, were not [sic] without prior knowledge of (NUREG–1600), Section I (Enforcement Inc. (Licensee) responded to the Notice on management, (4) the alleged acts were self- Policy), licensees are expected to exercise October 1, 1996. The Licensee admitted that identified, (5) management attempted to meticulous attention to detail and maintain the events that were described in the Notice correct the situation immediately on a high standard of compliance with NRC occurred, but denied that these were discovery, (6) the Licensee realized no requirements. This standard applies even in violations of lawful exercise of regulatory appreciable profit, (7) no accepted cases such as this, in which no adverse authority under the Atomic Energy Act, philosophy of enforcement is well served by consequences to public health and safety asserted that the penalty would cause imposing the civil penalty. In addition, the actually occurred in this matter. financial hardship, and disagreed with other Licensee contended that the acts are of only Further, regardless of whether violations aspects of the enforcement process. The minor concern rather than ‘‘significant were committed with or without the NRC’s evaluation and conclusion regarding regulatory concern.’’ knowledge of Licensee management, a the licensee’s requests are as follows: licensee committing a violation is subject to NRC Evaluation of Licensee’s Response to enforcement action. In this case, the Licensee Restatement of Violations Violations did not make a sufficient effort to be aware A. License No. 30–23697–01E authorizes The Licensee’s Reply specifically admitted of the applicable requirements and ensure the licensee to distribute SRB Technologies, that the Licensee had distributed tritium that they were met. Section VI.B. of the 19818 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Enforcement Policy states: ‘‘Although significance and the regulatory significance. design basis, minimize the need for management involvement, direct or indirect, While the safety concerns in this matter may operator action if a loss of off-site power in a violation may lead to an increase in the not be significant, the regulatory concerns are (LOOP) occurs during EDG testing, and civil penalty, the lack of management significant because Licensee management to eliminate the need to declare the EDG failed to apply the meticulous attention to involvement may not be used to mitigate a inoperable during periodic testing. The civil penalty.’’ compliance with license conditions that is The claim that the Licensee realized no required of a licensee. While the NRC proposed amendment must be issued in appreciable profit from the transactions is not remains concerned about management a timely manner to avoid an relevant to the fact that the licensee violated involvement in these violations, the civil unnecessary delay in the modification its license. As to whether this civil penalty penalty has been reconsidered in light of the of the EDG circuitry, and thus an serves the purposes of the NRC’s enforcement safety significance of the actual violations. unnecessary delay of the Harris unit 1 program, it clearly does so. In cases such as The civil penalty is, therefore, being restart as a result of the recent discovery this, an NRC enforcement action is used, in mitigated by $5,000. by the licensee that the EDG circuitry is part, as a deterrent to emphasize the As to alleged financial hardship, the NRC’s not in compliance with the current importance of management being aware of Enforcement Policy provides: ‘‘. . . it is not the NRC’s intention that the economic impact plant Final Safety Analysis Report license requirements, and where there is a (FSAR) and licensing basis question as to the meaning of a requirement, of a civil penalty be so severe that it puts a of the need to seek clarification. If a licensee licensee out of business (orders, rather than requirements. Such a forced delay in the believes that license conditions are civil penalties, are used when the intent is unit restart is unnecessarily costly to the unwarranted, the licensee should seek an to suspend or terminate licensed activities) or licensee, and the proposed amendment amendment, and comply with the license adversely affects a licensee’s ability to safely would improve the reliability of the until the amendment is granted. conduct licensed activities.’’ EDG in its designed function during Therefore, to balance these considerations Summary of Licensee’s Request for Mitigation postulated design bases events. The and to be responsive to the potential licensee held a meeting with the staff on The Licensee contends that the financial hardship to the Licensee, the NRC will allow the Licensee, if it wishes, to pay April 7, 1997, to discuss the proposed enforcement action imposes a severe modification to the EDG protection financial hardship on the Licensee, that the the civil penalty in monthly installments. circuitry and formally notified the NRC NRC standards for imposing civil penalties NRC Conclusion are too vague to meet standards of due staff that the proposed modification process, and that the penalty should not be The NRC has concluded that the violations constitutes an unreviewed safety imposed because the basic information on occurred as stated and that the Licensee question; and thus the modification which the decision is being made has not provided an adequate basis for mitigation of would need the NRC review and been made available to the Licensee in the civil penalty. However, full mitigation is approval pursuant to the requirements preparation of its defense. not warranted because of the importance of of 10 CFR 50.59(c) and 10 CFR 50.90. emphasizing the role of management in NRC Evaluation of Licensee’s Request for ensuring that it understands regulatory On April 18, 1997, the licensee Mitigation requirements and that these requirements are submitted their proposed modification The Licensee sought mitigation implemented. Here, the new management did to the EDG circuitry and requested that complaining that the NRC standards for not make sufficient effort to ensure staff approval be granted under exigent imposing civil penalties are too vague to compliance. Consequently, a civil penalty in circumstances pursuant to 10 CFR meet the standards of due process but did not the amount of $2,500 should be imposed. 50.91(a)(6). The NRC staff is thus provide further argument or explanation of However, to be responsive to the potential for satisfied that, once formally notified of that claim. The Congress has provided the further financial hardship, the NRC will the potential deficiency in the EDG Commission with the discretion to issue civil permit the Licensee to pay the civil penalty protection circuitry, the licensee used penalties of up to $110,000 per day per in monthly installments. its best efforts to make a timely violation. The NRC has for almost 15 years [FR Doc. 97–10524 Filed 4–22–97; 8:45 am] amendment request. provided publicly available guidelines for Before issuance of the proposed developing enforcement actions, including BILLING CODE 7590±01±P civil penalties. These guidelines are license amendment, the Commission published in the Enforcement Policy. will have made findings required by the As to the Licensee’s claim that the basic NUCLEAR REGULATORY Atomic Energy Act of 1954, as amended information on which the action was taken COMMISSION (the Act) and the Commission’s was not made available to the Licensee, regulations. [Docket No. 50±400] although the OI Report had not yet been Pursuant to 10 CFR 50.91(a)(6), for provided to the Licensee because the Carolina Power & Light Company; amendments to be granted under Licensee had not paid the required charges,1 Notice of Consideration of Issuance of exigent circumstances, the NRC staff the discussion at the Predecisional must determine that the amendment Enforcement Conference centered on these Amendment to Facility Operating License, Proposed No Significant request involves no significant hazards violations and how they occurred. Further, considerations. Under the Commission’s during the OI investigation the NRC obtained Hazards Consideration Determination, copies of records from the Licensee, and Opportunity for a Hearing regulations in 10 CFR 50.92, this means including purchase documents for luminous that operation of the facility in sources and sales documentation. The nature The U.S. Nuclear Regulatory accordance with the proposed of the violations cited is such that these Commission (the Commission) is amendment would not: (1) Involve a documents and the personal knowledge of considering issuance of an amendment significant increase in the probability or Licensee employees were clearly the basis for to Facility Operating License No. NPF– consequences of an accident previously the citations and were available to the 63 issued to Carolina Power & Light evaluated; or (2) create the possibility of Licensee. Company (the licensee) for operation of a new or different kind of accident from The staff has reviewed the assessment of the Shearon Harris Nuclear Power Plant, any accident previously evaluated; or the civil penalty, including the exercise of (3) involve a significant reduction in a discretion which escalated the civil penalty Unit 1, located in New Hill, North to $7,500. In assessing a civil penalty, the Carolina. margin of safety. As required by 10 CFR NRC weighs both the potential safety The proposed amendment would 50.91(a), the licensee has provided its modify the emergency diesel generator analysis of the issue of no significant 1 The OI Report was provided to the Licensee on (EDG) circuitry to return the onsite hazards consideration, which is October 16, 1996. power system to its original functional presented below: Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19819

1. The proposed change does not involve failure to act in a timely way would and/or petition; and the Secretary or the a significant increase in the probability or result, for example, in derating or designated Atomic Safety and Licensing consequences of an accident previously shutdown of the facility, the Board will issue a notice of hearing or evaluated. Commission may issue the license an appropriate order. The proposed design change does not As required by 10 CFR 2.714, a change the overall design, layout, and amendment before the expiration of the functional performance of the plant 14-day notice period, provided that its petition for leave to intervene shall set structures, systems, and components (SSC), final determination is that the forth with particularity the interest of nor does it lower the quality class of any amendment involves no significant the petitioner in the proceeding, and SSC. Specifically, the probability of loss of hazards consideration. The final how that interest may be affected by the both divisions of onsite power remains determination will consider all public results of the proceeding. The petition unchanged because the safety related and State comments received. Should should specifically explain the reasons electrical isolation feature of the LOOP relays the Commission take this action, it will why intervention should be permitted is not affected and the Technical publish in the Federal Register a notice with particular reference to the Specification and FSAR requirement to test only one EDG at a time is retained. The of issuance and provide for opportunity following factors: (1) the nature of the proposed design change does not increase the for a hearing after issuance. The petitioner’s right under the Act to be onsite or offsite radiological effects Commission expects that the need to made party to the proceeding; (2) the previously evaluated in the FSAR as a take this action will occur very nature and extent of the petitioner’s consequence of an accident. infrequently. property, financial, or other interest in Therefore, there would be no increase in Written comments may be submitted the proceeding; and (3) the possible the probability or consequences of an by mail to the Chief, Rules Review and effect of any order which may be accident previously evaluated. Directives Branch, Division of Freedom entered in the proceeding on the 2. The proposed change does not create the of Information and Publications petitioner’s interest. The petition should possibility of a new or different kind of accident from any accident previously Services, Office of Administration, U.S. also identify the specific aspect(s) of the evaluated. Nuclear Regulatory Commission, subject matter of the proceeding as to The proposed modification does not create Washington, DC 20555–0001, and which petitioner wishes to intervene. any new accident initiators. The proposed should cite the publication date and Any person who has filed a petition for modification restores the ability of the EDG page number of this Federal Register leave to intervene or who has been to respond to a bona fide LOOP as described notice. Written comments may also be admitted as a party may amend the in the FSAR. The consequences of failure of delivered to Room 6D22, Two White petition without requesting leave of the any circuit components associated with this Flint North, 11545 Rockville Pike, Board up to 15 days prior to the first modification would not result in accidents Rockville, Maryland, from 7:30 a.m. to prehearing conference scheduled in the other than those already addressed in the FSAR. 4:15 p.m. Federal workdays. Copies of proceeding, but such an amended Therefore, the proposed change does not written comments received may be petition must satisfy the specificity create the possibility of a new or different examined at the NRC Public Document requirements described above. kind of accident from any accident Room, the Gelman Building, 2120 L Not later than 15 days prior to the first previously evaluated. Street, NW., Washington, DC. prehearing conference scheduled in the 3. The proposed change does not involve The filing of requests for hearing and proceeding, a petitioner shall file a a significant reduction in the margin of petitions for leave to intervene is supplement to the petition to intervene safety. discussed below. which must include a list of the The margins of safety defined in the By May 23, 1997, the licensee may file contentions which are sought to be Technical Specification Bases are not a request for a hearing with respect to litigated in the matter. Each contention changed by the proposed modification. The issuance of the amendment to the proposed modification restores the ability of must consist of a specific statement of the EDG to respond to a bona fide LOOP as subject facility operating license and the issue of law or fact to be raised or described in the FSAR and does not change any person whose interest may be controverted. In addition, the petitioner the acceptance limits defined in the affected by this proceeding and who shall provide a brief explanation of the Technical Specifications or the FSAR. wishes to participate as a party in the bases of the contention and a concise Therefore, the proposed change does not proceeding must file a written request statement of the alleged facts or expert involve a significant reduction in the margin for a hearing and a petition for leave to opinion which support the contention of safety. intervene. Requests for a hearing and a and on which the petitioner intends to The NRC staff has reviewed the petition for leave to intervene shall be rely in proving the contention at the licensee’s analysis and, based on this filed in accordance with the hearing. The petitioner must also review, it appears that the three Commission’s ‘‘Rules of Practice for provide references to those specific standards of 10 CFR 50.92(c) are Domestic Licensing Proceedings’’ in 10 sources and documents of which the satisfied. Therefore, the NRC staff CFR Part 2. Interested persons should petitioner is aware and on which the proposes to determine that the consult a current copy of 10 CFR 2.714 petitioner intends to rely to establish amendment request involves no which is available at the Commission’s those facts or expert opinion. Petitioner significant hazards consideration. Public Document Room, the Gelman must provide sufficient information to The Commission is seeking public Building, 2120 L Street, NW., show that a genuine dispute exists with comments on this proposed Washington, DC, and at the local public the applicant on a material issue of law determination. Any comments received document room located at the Cameron or fact. Contentions shall be limited to within 14 days after the date of Village Regional Library, 1930 Clark matters within the scope of the publication of this notice will be Avenue, Raleigh, North Carolina 27605. amendment under consideration. The considered in making any final If a request for a hearing or petition for contention must be one which, if determination. leave to intervene is filed by the above proven, would entitle the petitioner to Normally, the Commission will not date, the Commission or an Atomic relief. A petitioner who fails to file such issue the amendment until the Safety and Licensing Board, designated a supplement which satisfies these expiration of the 14-day notice period. by the Commission or by the Chairman requirements with respect to at least one However, should circumstances change of the Atomic Safety and Licensing contention will not be permitted to during the notice period such that Board Panel, will rule on the request participate as a party. 19820 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Those permitted to intervene become balancing of the factors specified in 10 the Gelman Building, 2120 L Street, parties to the proceeding, subject to any CFR 2.714(a)(1)(i)–(v) and 2.714(d). NW., Washington, DC. limitations in the order granting leave to For further details with respect to this A copy of this decision has been filed intervene, and have the opportunity to action, see the application for with the Secretary of the Commission participate fully in the conduct of the amendment dated April 18, 1997, which for the Commission’s review in hearing, including the opportunity to is available for public inspection at the accordance with 10 CFR 2.206(c). As present evidence and cross-examine Commission’s Public Document Room, provided therein, this decision will witnesses. the Gelman Building, 2120 L Street, become the final action of the If a hearing is requested, the NW., Washington, DC, and at the local Commission 25 days after issuance Commission will make a final public document room located at the unless the Commission, on its own determination on the issue of no Cameron Village Regional Library, 1930 motion, institutes review of the decision significant hazards consideration. The Clark Avenue, Raleigh, North Carolina within that time. final determination will serve to decide 27605. when the hearing is held. Dated at Rockville, Maryland, this 17th day If the final determination is that the Dated at Rockville, Maryland, this 18th day of April 1997. of April 1997. amendment request involves no For the Nuclear Regulatory Commission. significant hazards consideration, the For the Nuclear Regulatory Commission. Samuel J. Collins, Commission may issue the amendment Ngoc B. Le, Director, Office of Nuclear Reactor and make it immediately effective, Project Manager, Project Directorate II–1, Regulation. Division of Reactor Projects—I/II, Office of notwithstanding the request for a Director’s Decision Under 10 CFR 2.206 hearing. Any hearing held would take Nuclear Reactor Regulation. place after issuance of the amendment. [FR Doc. 97–10633 Filed 4–22–97; 8:45 am] I. Introduction If the final determination is that the BILLING CODE 7590±01±P amendment request involves a On September 30, 1996, Citizens’ significant hazards consideration, any Utility Board filed a Petition pursuant to hearing held would take place before NUCLEAR REGULATORY Section 2.206 of Title 10 of the Code of the issuance of any amendment. COMMISSION Federal Regulations (10 CFR 2.206) A request for a hearing or a petition requesting that the U.S. Nuclear [Docket Nos. 50±255, 50±266/301, 50±313/ Regulatory Commission (NRC) take the for leave to intervene must be filed with 368, 72±5, 72±7, 72±13] the Secretary of the Commission, U.S. following actions: Nuclear Regulatory Commission, Consumers Power Company, 1. Order Wisconsin Electric Power Washington, DC 20555–0001, Attention: Palisades Nuclear Plant, Wisconsin Company (WEPCO) to retain 24 empty and Docketing and Services Branch, or may Electric Power Company (Point Beach available spaces in the Point Beach Nuclear be delivered to the Commission’s Public Nuclear Plant, Units 1 and 2), Entergy Plant spent fuel pool to provide the Document Room, the Gelman Building, Operations, Inc. (Arkansas Nuclear capability to permit retrieval of spent fuel from a VSC–24 cask in the event of an 2120 L Street, NW., Washington, DC, by one, Units 1 and 2), Issuance of the above date. Where petitions are filed accident requiring removal of spent fuel from Director's Decision Under 10 CFR the cask or in the event that conditions of the during the last 10 days of the notice 2.206 certificate of compliance (COC) for the VSC– period, it is requested that the petitioner 24 require removal of spent fuel from the promptly so inform the Commission by Notice is hereby given that the cask, until such time that WEPCO has other a toll-free telephone call to Western Director, Office of Nuclear Reactor options available to it to remove spent fuel Union at 1–(800) 248–5100 (in Missouri Regulation, has issued a Director’s from a cask in the event conditions warrant 1–(800) 342–6700). The Western Union Decision concerning a Petition dated it; and operator should be given Datagram September 30, 1996, filed by Citizens’ 2. Order users of the VSC–24 cask not to Identification Number N1023 and the Utility Board (Petitioner) under Section load VSC–24 casks until the COC, safety following message addressed to Mark 2.206 of Title 10 of the Code of Federal analysis report (SAR), and safety evaluation Regulations (10 CFR 2.206). The Petition report (SER) are amended to contain Reinhart: petitioner’s name and operating controls and limits that prevent telephone number, date petition was requested that the NRC (1) Require hazardous conditions, including but not mailed, plant name, and publication Wisconsin Electric Power Company to limited to the generation of explosive gases, date and page number of this Federal retain 24 empty and available spaces in due to VSC–24 material reactions with Register notice. A copy of the petition the Point Beach Nuclear Plant spent fuel environments encountered during loading, should also be sent to the Office of the pool to accommodate retrieval of spent storage, and unloading of the VSC–24 cask. General Counsel, U.S. Nuclear fuel from a VSC–24 cask, and (2) The SAR and SER must be amended such Regulatory Commission, Washington, prohibit loading of VSC–24 casks until that each operating control and limit is DC 20555–0001, and to William D. the Certificate of Compliance, the Safety clearly documented and justified in the Analysis Report, and the Safety technical review sections of the SAR and Johnson, Vice President and Senior associated SER as necessary and sufficient for Counsel, Carolina Power & Light Evaluation Report are amended to safe cask operation. Company, Post Office Box 1551, contain operating controls and limits to Raleigh, North Carolina, 27602, attorney prevent hazardous conditions. The Petition has been referred to me for the licensee. The Director of the Office of Nuclear pursuant to 10 CFR 2.206. The NRC Nontimely filings of petitions for Reactor Regulation has determined that letters dated October 11 and December leave to intervene, amended petitions, the Petition should be denied for the 10, 1996, to Mr. Dennis Dums, on behalf supplemental petitions and/or requests reasons stated in the ‘‘Director’s of the Petitioner, acknowledged receipt for hearing will not be entertained Decision Under 10 CFR 2.206’’ (DD–97– of the Petition and provided the NRC absent a determination by the 09), the complete text of which follows staff’s determination that the Petition Commission, the presiding officer or the this notice. The decision and documents did not require immediate action by the presiding Atomic Safety and Licensing cited in the decision are available for NRC. Notice of receipt was published in Board that the petition and/or request public inspection and copying in the the Federal Register on December 16, should be granted based upon a Commission’s Public Document Room, 1996 (61 FR 66063). Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19821

On the basis of the NRC staff’s in the spent fuel pool. Following the The review of responses to the bulletin evaluation of the issues and for the event, the NRC issued confirmatory related to Palisades is ongoing. Cask reasons given below, the Petitioner’s action letters (CALs) to those licensees operations at Point Beach and Palisades requests are denied. using or planning to use VSC–24 casks continue to be limited by the licensees’ for the storage of spent nuclear fuel (i.e., commitments described in CALs. II. Background licensees for Point Beach, Palisades, and III. Discussion The Petitioner’s first request is for the Arkansas Nuclear One). The CALs NRC to order WEPCO to maintain documented the licensees’ As noted, the Petition requests two sufficient empty space in the spent fuel commitments not to load or unload a actions be taken by the NRC. They are pool at Point Beach to accommodate the VSC–24 cask without resolution of addressed below. unloading of a VSC–24 spent fuel material compatibility issues identified Item 1: Order WEPCO To Retain 24 storage cask. NRC regulations include a in NRC Bulletin 96–04, ‘‘Chemical, Spaces in the Point Beach Spent Fuel requirement that an independent spent Galvanic, or Other Reactions in Spent Pool fuel storage installation (ISFSI) be Fuel Storage and Transportation Casks,’’ designed to provide for the ready dated July 5, 1996, and subsequent The first requested action calls for the retrieval of spent fuel or high-level confirmation of corrective actions by the NRC to issue an order to WEPCO to radioactive waste for further processing NRC. The staff has acknowledged that retain 24 empty and available spaces in or disposal. This requirement is the event demonstrated that the SAR the Point Beach spent fuel pool to applicable to ISFSIs so that the stored and related NRC review, as documented provide the capability to unload a VSC– spent fuel can be retrieved for transport in the SER, did not adequately address 24 dry storage cask. The two basic to either a monitored retrievable storage the use of a zinc-based coating and its reasons to return a cask to the spent fuel installation (MRS) or a high-level waste reaction with the acidic water in spent pool would be either to (1) Retrieve the repository whenever it becomes fuel pools. fuel assemblies for further processing or available. This regulation, 10 CFR The licensees using VSC–24 casks disposal pursuant to 10 CFR 72.122(l) or 72.122(l), provides as follows: submitted to the NRC information on (2) respond to an event or condition that has potentially degraded the cask or (1) Retrievability. Storage systems must be operating controls and limits to prevent designed to allow ready retrieval of spent hazardous conditions implemented in spent fuel in regard to the requirements fuel or high-level radioactive waste for response to NRC Bulletin 96–04 and established in the COC. further processing or disposal. subsequent staff inquiries. The As previously discussed, 10 CFR 72.122(l) sets forth requirements In addition to the regulatory submittals from the licensees included pertaining to retrieval of the fuel for requirements in Section 72.122(l) evaluations of possible material further processing or disposal; however, pertaining to retrieval of the fuel interactions and provided descriptions it provides no basis for the NRC to assemblies for further processing or of how procedures were revised. The require a licensee to maintain a disposal, there are certain events or revisions include controls for the specified reserve capacity in the spent conditions that could warrant removing environments that the casks encounter fuel pool. Licensees will have a VSC–24 cask from an ISFSI and during use, requirements for inspections considerable opportunity to plan and returning the multi-assembly sealed and environmental sampling, and schedule the activities associated with basket (MSB) to the spent fuel pool and additional precautions for various cask retrieving fuel assemblies from existing unloading the stored fuel assemblies. operations. The NRC staff has evaluated storage casks for transfer to other casks The COC requires a VSC–24 cask to be these responses for Arkansas Nuclear returned to the spent fuel pool in One (ANO) and Point Beach and, as for further processing or disposal. This response to those design basis events or documented in the safety evaluations ability to control the activity includes conditions that may challenge the dated December 3, 1996, and April 8, either ensuring that existing spent fuel integrity of the storage cask or the 1997, determined that the operating pool facilities will support the transfer cladding of the spent fuel assemblies.1 controls and limits proposed by these or developing alternate approaches. Petitioner’s second request is for an licensees are acceptable and satisfy Alternate approaches could involve, for NRC order to WEPCO and other users of regulatory requirements. By a separate example, making room in spent fuel VSC–24 casks not to load additional letter also dated December 3, 1996, the pools by use of other storage or casks until the COC, the SAR, and the staff informed the licensee for ANO that transportation casks, expanding the wet SER are amended to contain operating its corrective actions had been verified storage capacity by making changes to controls and limits to prevent hazardous by inspections performed by the NRC the spent fuel pool or other parts of the conditions. On May 28, 1996, a staff. Shortly thereafter, the licensee reactor facility, or development of a hydrogen gas ignition occurred during initiated cask loading activities.2 The system for direct cask-to-cask transfer the welding of the shield lid after spent NRC will perform inspections in the under dry conditions. Therefore, the fuel had been loaded into a VSC–24 near future in order to verify corrective design requirement for ready retrieval in cask at the Point Beach Nuclear Plant. actions implemented at Point Beach. 10 CFR 72.122(l) does not provide a The hydrogen was formed by a chemical basis for issuing an order as requested reaction between a zinc-based coating 2 The NRC staff is looking into reports from by the Petitioner. licensees on the need to perform weld repairs (Carbo Zinc 11) and the borated water Similarly, requiring the licensee to during the welding of the shield lid into the MSBs maintain space in the spent fuel pool is of several VSC–24 casks. This potential problem is 1 The following sections of the COC include not related to the requested actions or supporting not necessary as a contingency for requirements for returning a VSC–24 cask to the information cited in the Petition. The NRC staff certain events or conditions for which a spent fuel pool and/or unloading the cask: determined that the issuance of this Director’s cask must be returned to the spent fuel Section 1.2.3, ‘‘Maximum Permissible Air Outlet Decision should not be delayed pending resolution pool to facilitate inspections or ensure Temperature’’; of potential problems associated with the weld repairs because the weld repairs are not related to adequate cooling of the fuel assemblies. Section 1.2.10, ‘‘Time Limit for Draining the concerns presented in the Petition and the welding MSB’’; During its reviews performed during issue is being addressed by ongoing NRC activities. certification of the VSC–24 design, the Section 1.2.15, ‘‘Handling Height’’; and The Petitioner was informed of the welding issue Section 1.3.4, ‘‘Thermal Performance.’’ and the NRC staff’s decision to not include the issue NRC staff confirmed that the design Each section is discussed later in this decision. in the staff’s evaluation of the Petition. features of the cask provide reasonable 19822 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices assurance that the cask and fuel normally include restoring operations to assuming for the sake of this analysis assemblies will confine the radioactive within the acceptable limits or that the drop occurs when spaces might materials following the design basis otherwise ensuring the spent fuel is not be available in the spent fuel pool, events established for dry storage casks. placed in a safe storage condition. The reviews of the cask have shown that the These design features include the COC requirements for some events or cask and fuel will remain intact confinement function provided by the conditions include returning the MSB to following a drop from the maximum welded MSB, the cooling and shielding the spent fuel pool to provide a safe allowable height. Because a drop from functions provided by the ventilated storage condition and unloading of the the maximum allowable height would concrete cask (VCC), the limitations on spent fuel assemblies in order to not pose an immediate threat to the the fuel to be stored, and other cask support inspections of the cask. safety of the public or plant personnel, characteristics and limitations placed on The COC-required action in Section adequate time would be available for the its use that were relied upon during the 1.2.10, ‘‘Time Limit for Draining the licensee to develop and implement NRC’s certification of the cask. MSB,’’ states that a cask should be approaches to perform the required Although the NRC staff considered it returned to the spent fuel pool for inspections and evaluations if spaces prudent to require a cask to be returned cooling if the water cannot be drained were not available in the spent fuel pool to the spent fuel pool to ensure cooling within the specified time after the MSB to support an immediate unloading of of the spent fuel and support is removed from the spent fuel pool the cask. Temporary shielding, loading inspections to confirm that the cask with 24 spent fuel assemblies. The the affected MSB into a spare VCC, could remain in service following referenced draining operation is part of placing the affected MSB into the cask certain design basis events, the ability of the cask-loading sequence and it is loading area within or adjacent to the the VSC–24 casks to withstand such reasonable to assume, therefore, that the spent fuel pool, or other contingency events made it unnecessary for the NRC cask-loading area within or adjacent to actions could ensure safe storage to include specific time constraints in the spent fuel pool would be available conditions while the licensee developed which the operation needed to be for the cask should this contingency and implemented an approach to allow completed.3 need to be implemented. Further, the for the actual unloading of the cask that In the event that a condition would COC-required action is meant to restore had been dropped. arise requiring a cask to be returned to cooling to maintain safety margins The requirements contained in the spent fuel pool, the continued pertaining to fuel assembly Sections 1.2.3, ‘‘Maximum Permissible confinement of the radioactive materials subcriticality and can be accomplished Air Outlet Temperature,’’ and 1.3.4, within the MSB would afford the without unloading the fuel assemblies ‘‘Thermal Performance,’’ were included licensee ample time to develop from the MSB. It is likely, however, that in the COC to provide reasonable corrective actions that would maintain the locations in the spent fuel pool that assurance that the temperatures of the safe storage conditions and minimize had contained the fuel assemblies fuel cladding and the VSC–24 concrete occupational exposures. The design loaded into the storage cask would do not exceed design limits. Concrete features of the cask, the unlikely nature remain available during the loading and temperature limits are intended to of events that may require unloading a draining of the cask. prevent gradual degradation of the VCC cask, and the NRC staff’s judgment that Section 1.2.15, ‘‘Handling Height,’’ and the shielding it provides for the licensees could develop an alternate requires fuel assemblies to be returned MSB, which is the containment vessel approach if a spent fuel pool could not to the spent fuel pool, and inspections for the spent fuel. Other temperature support an immediate unloading of a and evaluations performed for cask limits pertain to the fuel cladding and cask have previously been cited as components in the event a loaded cask are intended to maintain the stored fuel reasonable justification for not requiring is dropped from a height greater than 18 assemblies below the temperatures at licensees to maintain a fixed reserve inches. The COC prohibits handling of which damage might occur. However, in capacity in spent fuel pools.4 a loaded VCC at a height greater than 80 the event that excessive temperatures Requirements defining conditions for inches. The NRC evaluation of the MSB are detected, cooling of the cask and returning a cask to the spent fuel pool drop analysis concurred that drops up subsequent placement of the MSB into were included in the COC for the VSC– to 80 inches of the MSB inside the VCC the spent fuel pool, if necessary, are 24 cask in order to maintain the cask can be sustained without breaching the sufficient to avoid immediate safety components and stored spent fuel confinement boundary, preventing concerns. Because safe storage of the assemblies within the boundaries removal of the spent fuel assemblies, or fuel assemblies is achieved by placing evaluated and accepted by the NRC staff causing a criticality accident. However, the affected MSB into the cask loading during the certification process. The it is deemed prudent to return the cask area adjacent to or within the spent fuel COC addresses those events or to the spent fuel pool to perform pool, the actual unloading of the conditions which might lead to inspections and evaluations in the event assemblies from the MSB to the storage degradation of the cask or fuel a cask experiences a significant drop, racks within the spent fuel pool can assemblies. The required actions which is considered to be a drop from await the licensee’s development of a height greater than 18 inches. The alternative approaches if that were requirement to perform such 3 The position that a time-urgent unloading of a necessary due to a lack of storage space cask need not be considered is also supported by inspections and evaluations was, in the spent fuel pool. Such approaches the analysis of a hypothetical event involving the therefore, included in the COC in the may require the licensee to make failure of the stored fuel pins with subsequent event that a cask were to be dropped modifications to the spent fuel pool or ground level breach of an MSB that was presented during movement. However, since the in the SAR for the VSC–24 design. Although no other parts of the reactor facility. identified accident results in such failures, the most likely time for a cask drop event In addition to the specific COC event was analyzed to demonstrate the limited to occur would be during movement of requirements previously discussed, a radiological consequences from accidents involving a newly loaded cask to the ISFSI, it is cask might need to be returned to the VSC–24 casks. reasonable to assume that the spaces in spent fuel pool if the cask fails to meet 4 See resolution of public comments published with rulemakings to add the VSC–24 cask (58 FR the spent fuel pool that had contained some criteria provided in NRC 17948) and TN–24 cask (58 FR 51762) to the list of the fuel assemblies loaded into the cask regulations or the COC and should, NRC-certified casks. would remain available. Moreover, even therefore, be removed from service. Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19823

Tests and surveillances performed amended to contain operating controls adequately addressed in the appropriate before and after loading spent fuel into and limits that prevent hazardous licensing-basis document. In addition, a storage cask are designed to detect conditions. As noted previously, the NRC staff is processing a petition for failures to conform to design or following the event at Point Beach, the rulemaking, PRM–72–3, that may lead regulatory requirements before a NRC staff recognized that additional to additional updating of ISFSI SARs problem presents an imminent threat to evaluation of potential material and the inclusion of information on the cask or stored fuel. Therefore, while interactions was warranted for all operating controls and limits discovery of a nonconformance or transportation and storage casks. In implemented as a result of the event at previously unidentified vulnerability regard to the VSC–24 cask, the event Point Beach. However, the previously may require removing a cask from and subsequent NRC inspections made discussed controls to be implemented it apparent that actual changes in the service as part of a licensee’s corrective by the licensees and verified by the NRC operating procedures or the design of actions, it is highly improbable that the staff as part of the CAL process, and the discovery of such a condition would the cask would be necessary. CALs were enforceability of those controls under pose an immediate safety concern. As in issued to confirm licensees’ existing NRC requirements, make it the previous examples, safe storage of commitments to refrain from loading unnecessary to require revision of the the spent fuel could be accomplished by VSC–24 casks pending completion of returning the affected MSB to the cask the staff’s review of the responses to specific licensing documents cited by loading area within or adjacent to the NRC Bulletin 96–04 and verification of the Petitioner as a precondition for spent fuel pool and the MSB and spent the associated corrective actions. As resuming cask operations at the fuel could remain there while the discussed, the CALs established a facilities using VSC–24 casks. licensee determined an appropriate process by which the NRC staff could IV. Conclusion course of action, including provisions obtain confidence that operating for unloading the cask, if necessary. controls and limits to address potential The Petitioner requested that the NRC In sum, no credible accident has been hazardous conditions are developed and (1) Require WEPCO to retain 24 empty identified that would require the implemented by each licensee using and available spaces in the Point Beach immediate unloading of a storage cask VSC–24 casks. Nuclear Plant spent fuel pool to as a necessary protective measure to In particular, the CAL process ensures accommodate retrieval of spent fuel avoid significant radiological that licensees will incorporate the from a VSC–24 cask, and (2) prohibit consequences to members of the public. necessary operating controls and limits loading of VSC–24 casks until the COC, In addition, there is no event or into revised plant procedures. the SAR, and the SER are amended to Moreover, under existing NRC condition that was identified during the contain operating controls and limits to requirements, the licensee must certification of the VSC–24 cask that prevent hazardous conditions. Each of would require a time-urgent unloading adequately implement those revised the claims by the Petitioner has been of a cask. Therefore, there is no need for procedures. For this reason, no changes reviewed. I conclude that for the reasons NRC to require continuous availability to the COC or the SAR are needed to discussed above, no adequate basis of space in the spent fuel pool to ensure that enforceable operating accommodate the potential need to controls and limits are in place to exists for granting the Petitioner’s unload a cask. Further, the NRC staff address potential hazardous conditions request for either (1) Requiring the has reasonable assurance that licensees during the loading or unloading of a licensee for Point Beach to reserve a could, if necessary, develop and cask. Further, as previously indicated, fixed number of vacant spaces in the implement an approach to unload a cask the staff has documented the process, spent fuel pool or (2) suspension of the if required to do so by unplanned events information, and results of its review of licensees’ use of the general license for or conditions, such as those identified the licensee’s response to Bulletin 96– dry cask storage of spent nuclear fuel at in the COC. If space is not immediately 04 for use of the VSC–24 at ANO and Palisades, Point Beach, or Arkansas available in the spent fuel pool, there Point Beach in safety evaluations Nuclear One pending revision of the would be time to make it available by available for public review. The NRC SAR, the SER, and the COC for the relocating other spent fuel assemblies or staff is currently reviewing the VSC–24 cask. removing them for temporary storage in responses to the bulletin submitted by A copy of this decision will be filed the licensee for Palisades. a cask or by making modifications to the with the Secretary of the Commission Although the actions taken as part of spent fuel pool or other parts of the for the Commission to review in reactor facility. Therefore, the NRC does the CAL process provide adequate accordance with 10 CFR 2.206(c). As not see a need to require the licensee to assurance that technical and regulatory provided by this regulation, this reserve a fixed number of vacant spaces compliance issues raised by the event at decision will constitute the final action in the spent fuel pool or to maintain the Point Beach will be resolved before a capability to retrieve the spent fuel from licensee loads or unloads a VSC–24 of the Commission 25 days after a cask within a specified period of time, cask, the NRC staff agrees with the issuance unless the Commission, on its particularly when there is no such Petitioner that it would be beneficial if own motion, institutes a review of the prescriptive requirement stated in NRC the SAR and other licensing basis decision within that time. rules. documents accurately described the Dated at Rockville, Maryland, this 17th day identified chemical reaction and the Item 2: Order VSC–24 Users Not To of April 1997. associated operating controls and limits. For the Nuclear Regulatory Commission. Load Casks Pending Amendment of The NRC staff is currently reviewing a Documents proposed amendment to the SAR and Samuel J. Collins, The Petitioner’s second request was the COC for the VSC–24 cask design and Director, Office of Nuclear Reactor for the NRC to order all users of the will ensure that the information related Regulation. VSC–24 cask not to load VSC–24 casks to the identified chemical reaction and [FR Doc. 97–10522 Filed 4–22–97; 8:45 am] until the COC, the SAR, and the SER are associated operating controls is BILLING CODE 7590±01±P 19824 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

NUCLEAR REGULATORY The licensee conducted a radiological to § 2.1205(a), any person whose interest COMMISSION field survey at the ARL from October may be affected by these proceedings 1991 to January 1992. The survey was may file a request for a hearing in [Docket Nos. 030±04593, 040±02253, 070± 00263] a characterization of the buildings and accordance with § 2.1205(c). A request grounds. Additional surveys were for a hearing must be filed within thirty Termination of Watertown Arsenal conducted during remediation (30) days of the date of publication of Licenses and Opportunity for a activities. The surveys identified this Federal Register notice. Hearing contamination in nine buildings at the The request for a hearing must be facility. filed with the Office of the Secretary AGENCY: Nuclear Regulatory Remediation of the ARL began in June either: Commission. 1992 and was completed in late 1994. ACTIONS: Notice of intent to terminate Remediation methods varied from 1. By delivery to the Docketing and Service radioactive material license numbers general cleaning of surfaces to extensive Branch of the Office of the Secretary at One 20–01010–04 and SNM–00244, to demolition. Approximately 95,000 cubic White Flint North, 11555 Rockville Pike, amend radioactive material license feet of solid radioactive waste was Rockville, MD 20852–2738; or number SUB–00238 and notice of an generated during facility 2. By mail or telegram addressed to the opportunity to request a hearing on the decommissioning activities. Secretary, U.S. Nuclear Regulatory proposed actions. To support their request to terminate Commission, Washington, DC 20555–0001. radioactive material license numbers Attention: Docketing and Service Branch. SUMMARY: This notice is to inform the 20–01010–04 and SNM–00244, and to In addition to meeting other public that the Nuclear Regulatory amend license number SUB–00238 to Commission intends to terminate NRC applicable requirements of 10 CFR Part remove the ARL site as a location of use, 2 of the NRC’s regulations, a request for radioactive material license numbers the licensee determined the radiological 20–01010–04 and SNM–00244, to a hearing filed by a person other than status of the ARL by performing a final an applicant must describe in detail: amend NRC radioactive material license radiation survey of the facility and number SUB–00238, and to provide submitted the results of this survey to 1. The interest of the requester in the interested individuals with an NRC for review. The results of the proceeding; opportunity to request a hearing on the licensee’s final survey indicate that 2. How that interest may be affected by the proposed NRC actions. Radioactive residual radioactive material results of the proceeding, including the material license numbers 20–01010–04, attributable to licensed operations on reasons why the requester should be SNM–00244, and SUB–00238 were surfaces and in soil meet the release permitted a hearing, with particular reference issued to the Department of the Army criteria specified in the licensee’s to the factors set out in § 2.1205(g); 3. The requester’s areas of concern about authorizing the use of radioactive approved decommissioning plan, which the licensing activity that is the subject materials at the U.S. Army Research are lower than the current NRC criteria Laboratory (ARL), Watertown, matter of the proceeding; and for unrestricted use. The results of the 4. The circumstances establishing that the Massachusetts. NRC intends to NRC confirmatory survey are in terminate radioactive material license request for a hearing is timely in accordance agreement with the licensee’s final with § 2.1205(c). numbers 20–01010–04 and SNM–00244, survey data. Region I staff reviewed the and amend radioactive material license final survey and the confirmatory In accordance with 10 CFR number SUB–00238 to remove the ARL survey data and determined that the § 2.1205(e), each request for a hearing as a location of use, because ARL meets NRC guidelines for release must also be served, by delivering it remediation of residual radioactive for unrestricted use for surface personally or by mail, to: material attributable to licensed contamination and soil. 1. The applicant, Department of the Army, operations at the ARL has successfully Consequently, NRC staff intends to U.S. Army Research Laboratory, AMSRL– been completed and the facility is terminate NRC license numbers 20– suitable for release for unrestricted use. OP–WT, Caretaker Force, 395 Arsenal St., 01010–04 and SNM–00244, to amend Watertown, MA 02172–2700 Attention: License number SUB–00238 will remain NRC license number SUB–00238 to active to authorize decommissioning Kenneth F. Worth; and remove the ARL as a location of use, 2. NRC staff, by delivery to the Executive activities at the portion of the ARL and release the facility for unrestricted Director for Operations, One White Flint known as the Mall Property. use. License number SUB–00238 will North, 11555 Rockville Pike, Rockville, MD SUPPLEMENTARY INFORMATION: The remain active to authorize 20852–2738, or by mail, addressed to the majority of the licensed activities at the decommissioning activities at the Mall Executive Director for Operations, U.S. ARL involved work with depleted Property. These licenses are covered by Nuclear Regulatory Commission, uranium. Beginning in the 1940s, categorical exclusions in 10 CFR Washington, DC 20555–0001. research involved various machining 51.22(c)(14)(v), (viii) and (xv), operations, with munitions respectively. Therefore, no For further details with respect to this development commencing in the 1950s. environmental assessment is needed to action, interested individuals may The ARL has several large buildings that terminate or amend these licenses. review the documents associated with required significant remediation. The NRC hereby provides notice that this action which are available for history of licensed activities at the ARL termination of license numbers 20– inspection at NRC’s Region I offices also indicated a potential for large 01010–04 and SNM–00244, and the located at 475 Allendale Road, King of volumes of contaminated soil. In 1992, amendment of license number SUB– Prussia, PA 19406. Persons desiring to NRC staff added the Watertown 00238, are proceedings on licenses review documents at the Region I Office Arsenal/Mall site, which includes the falling within the scope of Subpart L should call Ms. Cheryl Buracker at (610) ARL and the portion of the facility ‘‘Informal Hearing Procedures for 337–5093 several days in advance to referred to as the Mall Property, to the Adjudication in Materials Licensing assure that the documents will be NRC’s Site Decommissioning Proceedings,’’ of NRC’s rules and readily available for review. Management Plan list to ensure the practice for domestic licensing Dated at Rockville, Maryland this 17th day timely and effective cleanup of the site. proceedings in 10 CFR Part 2. Pursuant of April, 1997. Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19825

For the Nuclear Regulatory Commission. The Commission is seeking public Building, 2120 L Street, NW., John W. N. Hickey, comments on this proposed Washington, DC and at the local public Chief, Low-Level Waste and Decommissioning determination. Any comments received document room for the particular Projects Branch, Division of Waste within 30 days after the date of facility involved. If a request for a Management, Office of Nuclear Material publication of this notice will be hearing or petition for leave to intervene Safety and Safeguards. considered in making any final is filed by the above date, the [FR Doc. 97–10523 Filed 4–22–97; 8:45 am] determination. Commission or an Atomic Safety and BILLING CODE 7590±01±P Normally, the Commission will not Licensing Board, designated by the issue the amendment until the Commission or by the Chairman of the expiration of the 30-day notice period. Atomic Safety and Licensing Board NUCLEAR REGULATORY However, should circumstances change Panel, will rule on the request and/or COMMISSION during the notice period such that petition; and the Secretary or the failure to act in a timely way would designated Atomic Safety and Licensing Biweekly Notice result, for example, in derating or Board will issue a notice of a hearing or Applications and Amendments to shutdown of the facility, the an appropriate order. Facility Operating Licenses Involving Commission may issue the license As required by 10 CFR 2.714, a No Significant Hazards Considerations amendment before the expiration of the petition for leave to intervene shall set 30-day notice period, provided that its forth with particularity the interest of I. Background final determination is that the the petitioner in the proceeding, and Pursuant to Public Law 97–415, the amendment involves no significant how that interest may be affected by the U.S. Nuclear Regulatory Commission hazards consideration. The final results of the proceeding. The petition (the Commission or NRC staff) is determination will consider all public should specifically explain the reasons publishing this regular biweekly notice. and State comments received before why intervention should be permitted Public Law 97–415 revised section 189 action is taken. Should the Commission with particular reference to the of the Atomic Energy Act of 1954, as take this action, it will publish in the following factors: (1) the nature of the amended (the Act), to require the Federal Register a notice of issuance petitioner’s right under the Act to be Commission to publish notice of any and provide for opportunity for a made a party to the proceeding; (2) the amendments issued, or proposed to be hearing after issuance. The Commission nature and extent of the petitioner’s issued, under a new provision of section expects that the need to take this action property, financial, or other interest in 189 of the Act. This provision grants the will occur very infrequently. the proceeding; and (3) the possible Commission the authority to issue and Written comments may be submitted effect of any order which may be make immediately effective any by mail to the Chief, Rules Review and entered in the proceeding on the amendment to an operating license Directives Branch, Division of Freedom petitioner’s interest. The petition should upon a determination by the of Information and Publications also identify the specific aspect(s) of the Commission that such amendment Services, Office of Administration, U.S. subject matter of the proceeding as to involves no significant hazards Nuclear Regulatory Commission, which petitioner wishes to intervene. consideration, notwithstanding the Washington, DC 20555-0001, and Any person who has filed a petition for pendency before the Commission of a should cite the publication date and leave to intervene or who has been request for a hearing from any person. page number of this Federal Register admitted as a party may amend the This biweekly notice includes all notice. Written comments may also be petition without requesting leave of the notices of amendments issued, or delivered to Room 6D22, Two White Board up to 15 days prior to the first proposed to be issued from March 29, Flint North, 11545 Rockville Pike, prehearing conference scheduled in the 1997, through April 11, 1997. The last Rockville, Maryland from 7:30 a.m. to proceeding, but such an amended biweekly notice was published on April 4:15 p.m. Federal workdays. Copies of petition must satisfy the specificity 9, 1997 (62 FR 17223). written comments received may be requirements described above. examined at the NRC Public Document Not later than 15 days prior to the first Notice of Consideration Of Issuance Of Room, the Gelman Building, 2120 L prehearing conference scheduled in the Amendments To Facility Operating Street, NW., Washington, DC. The filing proceeding, a petitioner shall file a Licenses, Proposed No Significant of requests for a hearing and petitions supplement to the petition to intervene Hazards Consideration Determination, for leave to intervene is discussed which must include a list of the and Opportunith For A Hearing below. contentions which are sought to be The Commission has made a By May 23, 1997, the licensee may file litigated in the matter. Each contention proposed determination that the a request for a hearing with respect to must consist of a specific statement of following amendment requests involve issuance of the amendment to the the issue of law or fact to be raised or no significant hazards consideration. subject facility operating license and controverted. In addition, the petitioner Under the Commission’s regulations in any person whose interest may be shall provide a brief explanation of the 10 CFR 50.92, this means that operation affected by this proceeding and who bases of the contention and a concise of the facility in accordance with the wishes to participate as a party in the statement of the alleged facts or expert proposed amendment would not (1) proceeding must file a written request opinion which support the contention involve a significant increase in the for a hearing and a petition for leave to and on which the petitioner intends to probability or consequences of an intervene. Requests for a hearing and a rely in proving the contention at the accident previously evaluated; or (2) petition for leave to intervene shall be hearing. The petitioner must also create the possibility of a new or filed in accordance with the provide references to those specific different kind of accident from any Commission’s ‘‘Rules of Practice for sources and documents of which the accident previously evaluated; or (3) Domestic Licensing Proceedings’’ in 10 petitioner is aware and on which the involve a significant reduction in a CFR Part 2. Interested persons should petitioner intends to rely to establish margin of safety. The basis for this consult a current copy of 10 CFR 2.714 those facts or expert opinion. Petitioner proposed determination for each which is available at the Commission’s must provide sufficient information to amendment request is shown below. Public Document Room, the Gelman show that a genuine dispute exists with 19826 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices the applicant on a material issue of law supplemental petitions and/or requests allows HNP to evaluate the conditions or fact. Contentions shall be limited to for a hearing will not be entertained needed to safely perform the required testing. matters within the scope of the absent a determination by the There is no change in the frequency of testing amendment under consideration. The Commission, the presiding officer or the or in the testing which is required. There is contention must be one which, if no change in the responsibility of HNP Atomic Safety and Licensing Board that toperform tests in a safe and responsible proven, would entitle the petitioner to the petition and/or request should be manner, and any changes to procedures will relief. A petitioner who fails to file such granted based upon a balancing of have to be individually evaluated to ensure a supplement which satisfies these factors specified in 10 CFR that they do not reduce the margin of safety. requirements with respect to at least one 2.714(a)(1)(i)-(v) and 2.714(d). The NRC staff has reviewed the contention will not be permitted to For further details with respect to this licensee’s analysis and, based on this participate as a party. action, see the application for review, it appears that the three Those permitted to intervene become amendment which is available for standards of 10 CFR 50.92(c) are parties to the proceeding, subject to any public inspection at the Commission’s satisfied. Therefore, the NRC staff limitations in the order granting leave to Public Document Room, the Gelman proposes to determine that the intervene, and have the opportunity to Building, 2120 L Street, NW., amendment request involves no participate fully in the conduct of the Washington, DC, and at the local public significant hazards consideration. hearing, including the opportunity to document room for the particular Local Public Document Room present evidence and cross-examine facility involved. location: Cameron Village Regional witnesses. Carolina Power & Light Company, et Library, 1930 Clark Avenue, Raleigh, If a hearing is requested, the North Carolina 27605 Commission will make a final al., Docket No. 50-400, Shearon Harris Nuclear Power Plant, Unit 1, Wake and Attorney for licensee: William D. determination on the issue of no Johnson, Vice President and Senior significant hazards consideration. The Chatham Counties, North Carolina Counsel, Carolina Power & Light final determination will serve to decide Date of amendment request: March Company, Post Office Box 1551, when the hearing is held. 17, 1997 Raleigh, North Carolina 27602 If the final determination is that the Description of amendment request: NRC Project Director: Mark Reinhart, amendment request involves no The proposed change would revise eight Acting significant hazards consideration, the specifications for 18-month tests to Commission may issue the amendment delete a conditional statement that the Commonwealth Edison Company, and make it immediately effective, testing be done while the unit is shut Docket Nos. STN 50-454 and STN 50- notwithstanding the request for a down and to clarify that Harris Nuclear 455, Byron Station, Unit Nos. 1 and 2, hearing. Any hearing held would take Plant (HNP) may take credit for tests on Ogle County, Illinois Docket Nos. STN place after issuance of the amendment. some components which are performed 50-456 and STN 50-457, Braidwood If the final determination is that the while the unit is at power. Station, Unit Nos. 1 and 2, Will County, amendment request involves a Basis for proposed no significant Illinois significant hazards consideration, any Hazards consideration determination: hearing held would take place before Date of amendment request: January As required by 10 CFR 50.91(a), the 30, 1997 the issuance of any amendment. licensee has provided its analysis of the A request for a hearing or a petition Description of amendment request: issue of no significant hazards The proposed amendment would revise for leave to intervene must be filed with consideration, which is presented the Secretary of the Commission, U.S. Technical Specification (TS) 1.0, below: ‘‘Definitions;’’ TS 3/4.6.1, ‘‘Primary Nuclear Regulatory Commission, 1. The proposed amendment does not Washington, DC 20555-0001, Attention: involve a significant increase in the Containment’’ and associated Bases; and Docketing and Services Branch, or may probability or consequences of an accident TS 5.4.2, ‘‘Reactor Coolant System be delivered to the Commission’s Public previously evaluated. Volume’’ for Byron and Braidwood to Document Room, the Gelman Building, The proposed changes permit HNP to support steam generator replacement. 2120 L Street, NW., Washington DC, by evaluate the conditions required to safely ComEd will be replacing the original perform a test, but the changes do not Westinghouse D4 steam generators at the above date. Where petitions are filed directly affect the functioning or operation of during the last 10 days of the notice Byron and Braidwood with Babcock and any plant equipment. Since no equipment Wilcox International steam generators. period, it is requested that the petitioner operation is involved there is no increase in promptly so inform the Commission by the probability or consequence of any The replacement steam generators a toll-free telephone call to Western previously identified accident. increase the Reactor Coolant System Union at 1-(800) 248-5100 (in Missouri 2. The proposed amendment does not volume which results in a higher 1-(800) 342-6700). The Western Union create the possibility of a new or different calculated peak containment pressure operator should be given Datagram kind of accident from any accident (Pa) value. previously evaluated. Basis for proposed no significant Identification Number N1023 and the The proposed changes to the conditional following message addressed to (Project Hazards consideration determination: statements on the surveillance frequencies do As required by 10 CFR 50.91(a), the Director): petitioner’s name and not involve any physical alterations or telephone number, date petition was additions to plant equipment or alter the licensee has provided its analysis of the mailed, plant name, and publication manner in which any safety-related system issue of no significant hazards date and page number of this Federal performs itsfunction or is operated. consideration, which is presented Register notice. A copy of the petition Therefore, the proposed change does not below: should also be sent to the Office of the create the possibility of a new or different 1. The proposed change does not involve a significant increase in the probability or General Counsel, U.S. Nuclear kind of accident from any previously evaluated. consequences of an accident previously Regulatory Commission, Washington, 3. The proposed amendment does not evaluated. DC 20555-0001, and to the attorney for involve a significant reduction in the margin Each of the [replacement steam generators] the licensee. of safety. RSGs has a larger [reactor coolant system] Nontimely filings of petitions for The proposed changes to the conditional RCS side volume than the original steam leave to intervene, amended petitions, statements on the surveillance frequency generators (OSGs). As a result of the RCS Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19827 volume increase, the mass and energy release The design basis leakage corresponding to increased RCS volume due to the RSGs. For during the blowdown phase of the large a peak containment pressure of 50 psig this event, the injection of borated water break loss of coolant accident (LBLOCA) is utilized in the design basis accident analysis causes a negative reactivity insertion, which increased. Additionally, the heat transfer rate is 0.10% per day of the containment free air increases DNBR. For a given Refueling Water of the RSGs is greater than the OSGs, and the mass. Therefore, the offsite dose calculation Storage Tank (RWST) boron concentration, RSGs will operate at a slightly higher was performed with a leakage of .1% per day the larger RCS volume will cause a reduction pressure than that for the OSGs. for day one and .05% per day for days two in the negativity insertion rate as compared Consequently, the steam enthalphy exiting through 30. Isotopic inventories are to the current UFSAR analysis. However, the break during the reflood period, with the unaffected by the increase in reactor coolant negative reactivity would still be inserted, no RSG, will be greater than that for the OSG. volume. Thus, the offsite dose is unaffected fuel pins would experience DNB, and there This results in an increase in the by the increase in the peak containment is no reduction in the margin of safety. containment building peak pressure, Pa. pressure. Therefore, this proposed change to An evaluation of the Small Break LOCA The proposed revisions to the Technical Pa does not involve a significant increase in was performed to determine the effect of Specifications involve the specified value of the consequences of an accident previously increased RCS volume. The additional RCS Unit 1 RCS volume and the defined value of evaluated. volume will cause a delay in the loop seal Unit 1 Pa. Several editorial changes are also The editorial changes proposed are for clearing which in turn delays the core being made to improve clarity and clarity and consistency within the Technical uncovery as compared with the UFSAR consistency of the TS. Specifications and do not affect either the analysis. A delay in core uncovery reduces RCS volume is not an initiator for any probability or consequences of an accident the amount of core heatup which results in event and an increase in volume does not previously evaluated. a lower peak clad temperature (PCT) because affect any operating margin or requirements. 2. The proposed change does not create the the core decay heat would be less than in the Therefore, increasing the primary volume possibility of a new or different kind of UFSAR analysis. The benefit is considered does not increase the probability of any event accident from any accident previously small, but there is still a benefit. Therefore, previously analyzed. evaluated. the increased RCS volume does not result in The revised value of Pa continues to be less The proposed change in RCS volume is a a reduction in the margin of safety. than the design basis pressure for the change in a plant parameter within the An evaluation of the Large Break LOCA containment building structure. The change ‘‘Design Features’’ section of the Technical was performed to determine the effect of represents only a revision to the containment Specifications. Increasing the RCS volume increased RCS volume. For a LBLOCA, the test pressure for containment leakage testing. does not create any new or different failure increased RCS volume causes the blowdown Such testing is only performed with the modes. The existing RCS design phase of the event to be longer. Increased affected unit in the shutdown condition. requirements continue to be met. blowdown phase, alone, could potentially Therefore, the proposed change in Pa does The revised value of Pa continues to be less result in a higher PCT. However, the RSGs not involve a significant increase in the than the design basis pressure for the also have less resistance to flow due to probability of an accident previously containment building structure. The change increased primary side steam generator flow evaluated. represents only a revision to the test pressure area, which results in a higher blowdown All accidents in the Updated Final Safety Analysis Report (UFSAR) were evaluated to for containment leakage testing. Such testing flow compared to the OSGs. The increased determine the effect of an increase in primary is only performed with the affected unit in blowdown flow more than compensates for volume on accident consequences. The the shutdown condition. Therefore, no new the longer blowdown phase associated with events identified that may be impacted by an or different failure modes are being the increased RCS volume. The net effect is increase in primary volume are the Waste introduced by modification of the testing a decrease in PCT for the RSG compared to Gas System Leak or Failure and LBLOCA. For parameters. the OSG. Therefore, there is no reduction in the Waste Gas System Leak or Failure, the The editorial changes proposed are for the margin of safety. activity of the decay tank is controlled to clarity and consistency within the Technical An evaluation of the Gas Waste System Technical Specification limits which are Specifications and do not result in any Leak or Failure was performed to determine unaffected by RCS volume. Therefore, an physical changes to the facility or how it is the effect of the increased RCS volume. increase in RCS volume would not increase operated. No new or different failure modes Because the activity of the decay tank is the offsite dose. are being introduced by these changes. controlled within Technical Specification The offsite dose calculation for the Therefore, these proposed changes do not limits, an increase in RCS volume would not LBLOCA is unaffected by the proposed create the possibility of a new or different change the results of the event. Therefore, change. The license basis offsite dose kind of accident from any accident there is no reduction in the margin of safety. calculation is in accordance with NRC Reg previously evaluated. An evaluation was performed to determine Guide 1.4 ‘‘Assumptions Used for Evaluating 3. The proposed change does not involve the effect of the increased RCS volume on the The Potential Radiological Consequences of a a significant reduction in a margin of safety. peak containment pressure following a Loss of Coolant Accident for Pressurized Changing the RCS volume in the Technical LBLOCA. The increased RCS volume caused Water Reactors.’’ This Regulatory Guide Specifications does not reduce the margin of the peak containment pressure to increase to states, in part, ’’...a number of appropriately safety. RCS volume is a design feature. The 47.8 psig. This is still below the containment conservation assumptions, based on change in RCS volume does not involve a design pressure of 50.0 psig. Therefore, there engineering judgment and on applicable change to any setpoint or design is no reduction in the margin of safety. experimental results from safety research requirements. An evaluation of all UFSAR This proposed change involves testing programs conducted by the AEC.’’ These accidents was performed to determine the requirements designed to demonstrate conservatisms include (but are not limited to) effect of an increase in RCS volume. This adequate leakage rates are maintained. If the following assumptions: evaluation is summarized as follows: adequate leakage rates are maintained as • Twenty five percent of the equilibrium An evaluation of the Chemical and Volume outlined in the Technical Specifications, radioactive full power inventory is Control System Malfunction was performed there will be no reduction in the margin of immediately available for leakage from the to determine the effect of the increased RCS safety. In the event of degradation of a primary containment. volume due to the RSGs. The larger RCS containment seal that results in unacceptable • 100% of the equilibrium full power volume of the RSGs reduces the reactivity leakage, plant shutdown will occur as radioactive noble gas inventory is insertion for a given dilution flow rate. required by Technical Specifications and immediately available for leakage from the Therefore, the UFSAR analyses remain administrative requirements in accordance primary containment. bounding for Byron Unit 1 and Braidwood with approved plant procedures. Therefore, • The primary containment should be Unit 1 with the RSGs and there is no this proposed change does not involve a assumed to leak at the (maximum) leak rate reduction in the margin of safety. significant reduction in a margin of safety. specified in the technical specifications for An evaluation of the Inadvertent Actuation The editorial changes proposed are for the first 24 hours and at 50% of this value of the Emergency Core Cooling System clarity and consistency within the Technical for the remaining 29 days of the accident During Power Operation Event was Specifications and do not result in any duration. performed to determine the effect of the physical changes to the facility or how it is 19828 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices operated. Therefore, the changes have no alter plant operation or configuration, or its As required by 10 CFR 50.91(a), the effect on the margin of safety. ability to respond to accidents. licensee has provided its analysis of the Thus, this amendment request does not Therefore, they will not involve a issue of no significant hazards result in any decrease in a margin of safety. significant increase in the consequences of consideration, which is presented The NRC staff has reviewed the any accident previously evaluated. B. Do the proposed changes create the below: licensee’s analysis and, based on this (1) Involve a significant increase in the possibility of a new or different kind of review, it appears that the three probability or consequences of an accident accident from any previously evaluated? standards of 10 CFR 50.92(c) are previously evaluated: Since the proposed changes do not alter No. None of the proposed changes has any satisfied. Therefore, the NRC staff the technical content of any Facility impact upon the probability of any accident proposes to determine that the Operating License or Technical which has been evaluated in the UFSAR requested amendments involve no Specifications requirements, they do not alter [Updated Final Safety Analysis Report]. The significant hazards consideration. any feature of plant equipment, settings, only potential change in operating operation or configuration. Local Public Document Room configuration is allowing operation with the Therefore, they cannot create the location: For Byron, the Byron Public HPI [High Pressure Injection] System pump Library District, 109 N. Franklin, P.O. possibility of a new or different kind of discharge header cross- Box 434, Byron, Illinois 61010; for accident from any previously evaluated. connected. This operating mode does not Braidwood, the Wilmington Public C. Do the proposed changes involve a affect the probability of a LOCA [Loss-of- significant reduction in a margin of safety? Library, 201 S. Kankakee Street, Coolant Accident] or of any other accident Since the proposed changes do not alter evaluated in the UFSAR. Wilmington, Illinois 60481. the technical content of any Facility Attorney for licensee: Michael I. None of these changes have any impact Operating License or Technical upon the ability of the HPI System to add Miller, Esquire; Sidley and Austin, One Specifications requirements, they do not alter soluble poison to the Reactor Coolant First National Plaza, Chicago, Illinois any feature of plant equipment, settings, System, as addressed by Specification 3.2. 60603 operation, or configuration. The remaining potential impact is upon the NRC Project Director: Robert A. Capra Therefore, they cannot involve a significant ability to mitigate the consequences of a reduction in a margin of safety. small break LOCA, which is addressed Consumers Power Company, Docket The NRC staff has reviewed the below. The small break LOCA is the limiting No. 50-255, Palisades Plant, Van Buren licensee’s analysis and, based on this design basis accident with respect to HPI County, Michigan review, it appears that the three System operability requirements. Date of amendment request: March standards of 10 CFR 50.92(c) are The proposed changes to Specification 3.3.1 provide appropriate actions to address 27, 1997 satisfied. Therefore, the NRC staff proposes to determine that the any degradation in the operability of the HPI Description of amendment request: System. The operability requirements for the The proposed amendment would alter amendment request involves no HPI System are supported by a spectrum of the company name in the Facility significant hazards consideration. small break LOCA analyses based on the Operating License DPR-20 and Local Public Document Room approved Evaluation Model described in FTI Technical Specifications for the location: Van Wylen Library, Hope [Framatome Technologies, Incorporated] Palisades Plant. Specifically, the College, Holland, Michigan 49423 topical report BAW-10192P. These small proposed amendment would revise the Attorney for licensee: Judd L. Bacon, break LOCA analyses demonstrate that the acceptance criteria of 10CFR 50.46 are not name from ‘‘Consumers Power Esquire, Consumers Power Company, 212 West Michigan Avenue, Jackson, violated. Company’’ to ‘‘Consumers Energy Two trains of HPI are required to mitigate Company.’’ Michigan 49201 a small break LOCA above 75% FP [full Basis for proposed no significant NRC Project Director: John N. Hannon power]. Operability requirements in the Hazards consideration determination: Duke Power Company, Docket Nos. 50- proposed Technical Specifications assure As required by 10 CFR 50.91(a), the 269, 50-270 and 50-287, Oconee that the HPI System can withstand the worst single failure and still result in two HPI licensee has provided its analysis of the Nuclear Station, Units 1, 2, and 3, issue of no significant hazards pumps injecting through two trains. The full Oconee County, South Carolina power small break LOCA analyses supporting consideration, which is presented this proposed license amendment have been below: Date of amendment request: March 31, 1997 (TSC 96-10) performed in accordance with the approved A. Do the proposed changes involve a Evaluation Model described in FTI topical significant increase in the probability or Description of amendment request: report BAW-10192P. The proposed Technical consequences of an accident previously The proposed amendments would Specifications limit operation above 75% FP evaluated? modify and clarify the High Pressure with a degraded HPI System to 72 hours Since the proposed changes do not alter Injection (HPI) System operability before a power reduction to less than 75% FP the technical content of any Facility requirements in Specification 3.3.1, (or a reactor shutdown) must be initiated. Operating License or Technical impose additional HPI system The required actions depend on the HPI Specifications requirements, they do not alter operability requirements for operation System components that are inoperable. The any feature of plant equipment, settings, above 75 percent power, incorporate the 72 hour completion time is consistent with operation, or configuration. the time requirements for HPI specified in Therefore, they cannot involve a significant new Standard Technical Specifications NUREG-1430. increase in the probability of an accident format for the HPI system, revise When at or below 75% FP, one HPI train previously evaluated. Specification 3.3.2 to clarify that the provides sufficient flow to mitigate a small The proposed changes alter the company Reactor Building Emergency Sump break LOCA. The 75% power level is name in the Facility Operating License and isolation valves are remote-manually justified by analyses using the Evaluation Technical Specifications to reflect the change operated valves, and add new Model described in FTI topical report BAW- from ‘‘Consumers Power Company’’ to specifications and a surveillance test to 10192P, considering the worst case break ‘‘Consumers Energy Company’’. The address operability requirements of the location and size described in LER [Licensee proposed change will not affect any atmospheric dump valves. In addition, Event Report] 269/90-15 and Attachment 3 to obligations. The company will continue to this submittal. The proposed Technical own all of the same assets, will continue to corresponding Bases changes would be Specifications require two HPI trains to be serve the same customers, and will continue incorporated. operable at or below 75% FP. These to honor all existing obligations and Basis for proposed no significant requirements ensure that, following the worst commitments. The proposed changes will not Hazards consideration determination: single failure, one train of HPI would remain Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19829 available to mitigate a small break LOCA. header cross-connected is not a new consideration, which is presented Operation with less than two HPI trains configuration, as it has always been used for below: operable is restricted to 72 hours before HPI pump testing both at power and during 1. Does the change involve a significant shutdown requirements are imposed. This shutdown conditions. Potential failure modes increase in the probability or consequences completion time is consistent with the time have already been considered as described of an accident previously evaluated? requirements specified for an HPI System in earlier. No new initiating events or The proposed amendment allows the ABB NUREG-1430. potentially unanalyzed conditions have been Combustion Engineering (ABB/CE) tungsten The additional HPI system restriction that created. Therefore, this proposed amendment inert gas (TIG) welded tubesheet sleeves and requires the HPI pump discharge header to be will not create the possibility of any new or tube support plate sleeves to be used as an cross-connected when all three HPI pumps different kind of accident. alternate steam generator tube repair method. are operable does not increase the (3) Involve a significant reduction in a The sleeve configuration was designed and consequences of a small break LOCA. If a margin of safety. analyzed in accordance with the criteria of single failure prevents one HPI train from No. The HPI restrictions associated with Regulatory Guide (RG) 1.121 and Section III actuating, this lineup results in at least two the proposed Technical Specifications are of the ASME [American Society of HPI pumps initially injecting through the supported by analyses which demonstrate Mechanical Engineers] Code. Fatigue and automatically actuating train. This increases that the acceptance criteria of 10 CFR 50.46 stress analyses of the sleeved tube assemblies the amount of cooling flow initially delivered are not violated for any small break LOCA. produce acceptable results for both types of to the core as compared to the current system These analyses were performed in sleeves as documented in ABB/CE Topical configuration. accordance with the Evaluation Model Report CEN-629-P, Revision 02 and CEN-629- The impact of this alignment has been described in FTI topical report BAW-10192P. P Addendum 1. Mechanical testing has evaluated, considering the potential single Therefore, it is concluded that the proposed shown that the structural strength of the active failures, including the failure of any amendment request will not result in a sleeves under normal, faulted, and upset powered component to operate and any significant decrease in the margin of safety. conditions is within the acceptable limits single failure of electrical equipment. Duke has concluded, based on the above, specified in RG 1.121. Leakage rate testing for It has been determined that, when each of that there are no significant hazards the tube sleeves has demonstrated that the three HPI pumps is either running or is considerations involved in this amendment primary to secondary leakage is not expected capable of automatic actuation upon an request. during any plant condition. The Engineered Safeguards signal, cross- The NRC staff has reviewed the consequences of leakage through the sleeved connection of the HPI pump discharge licensee’s analysis and, based on this region of the tube is fully bounded by the header does not introduce susceptibility to review, it appears that the three existing steam generator tube rupture (SGTR) any single failure. Therefore, the potential analysis included in the Updated Final consequences of a small break LOCA are not standards of 10 CFR 50.92(c) are Safety Analysis Report (UFSAR). increased. If fewer than three HPI pumps are satisfied. Therefore, the NRC staff The sleeves are designed to allow inservice either running or are capable of automatic proposes to determine that the inspection of the pressure retaining portions actuation, and the HPI pump discharge amendment request involves no of the sleeve and parent tube. Inservice header were cross-connected, a single failure significant hazards consideration. inspection is performed on all sleeves of one pump could cause a single pump to Local Public Document Room following installation to ensure that each be aligned to both HPI trains. In this location: Oconee County Library, 501 sleeve has been properly installed and is condition, the single pump could experience West South Broad Street, Walhalla, structurally sound. Periodic inspections are runout conditions prior to corrective operator performed in subsequent refueling outages to action. However, proposed Specification South Carolina 29691 monitor sleeve degradation on a sample 3.3.1 requires the discharge header to be Attorney for licensee: J. Michael basis. The eddy current technique used for isolated between the two remaining operable McGarry, III, Winston and Strawn, 1200 inspection will be capable of detecting both HPI pumps. The proposed BASES provide 17th Street, NW., Washington, DC 20036 axial and circumferential flaws. Specific guidelines to ensure that the requirements for NRC Project Director: Herbert N. guidance for steam generator sleeve redundancy are properly implemented. Berkow inspection is provided in the current Therefore, the proposed specifications ensure technical specification surveillance that the consequences of a small break LOCA Duquesne Light Company, et al., Docket requirements. Tubes that contain defects in a are not increased by allowing the HPI pump Nos. 50-334 and 50-412, Beaver Valley sleeve, which exceed the repair limit, will be discharge header to be cross-connected. Power Station, Unit Nos. 1 and 2, removed from service. This ensures that In addition, proposed Specification 3.4.7 Shippingport, Pennsylvania sleeve and tube structural integrity is requires new operability requirements for the maintained. main steam atmospheric dump valves. These Date of amendment request: March The proposed TS change to support the operability requirements do not impact the 10, 1997 installation of TIG welded sleeves does not probability or consequences of any accident. Description of amendment request: adversely impact any previously evaluated The proposed specification for the The proposed amendment would design basis accident. The effect of sleeve atmospheric dump valves provides modify Technical Specification 3.4.5, installation on the performance of the SG additional assurance that these valves will be ‘‘Steam Generators,’’ and associated [steam generator] was analyzed for heat operable in the event of a small break LOCA. Bases to allow repair of steam generator transfer, flow restriction, and steam In summary, the proposed Technical tubes by installation of sleeves with the generation capacity. The sleeves reduce the Specifications provide adequate controls to risk of primary to secondary leakage in the assure that operability of the HPI System is tungsten inert gas (TIG) welded sleeve SG. The installation of ABB/CE sleeves maintained in a manner consistent with the developed by ABB Combustion results in a hydraulic flow restriction that is requirements of the design basis accidents. Engineering. In addition, the proposed dependent on the number and types of Therefore, it is concluded that this amendment would delete the option for sleeves installed. The reduction in primary amendment request will not significantly using the kinetic sleeving methodology system flow rate is a small percentage of the increase the probability or consequences of previously approved for use at Beaver flow rate reduction seen from plugging one an accident previously evaluated. Valley, but is not currently tube and is a preferable alternative when (2) Create the possibility of a new or recommended by Framatome considering core margins based on minimum different kind of accident from any kind of Technologies, Inc. reactor coolant system flow rates. The accident previously evaluated: sleeving installation will result in a No. Of the proposed substantive changes, Basis for proposed no significant resistance to primary coolant flow through only cross-connection of the HPI pump Hazards consideration determination: the tube for other evaluated accidents. The discharge header represents any change to As required by 10 CFR 50.91(a), the results of the analyses and testing, as well as the way in which the facility is normally licensee has provided its analysis of the industry operating experience, demonstrate operated. Operation with the discharge issue of no significant hazards that the sleeve assembly is an acceptable 19830 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices means of maintaining tube integrity. In used for comparison during future SG sleeves has been verified by testing to summary, installation of sleeves does not inspections. Periodic eddy current preclude leakage during normal and substantially affect the primary system flow inspections monitor the pressure retaining postulated accident conditions. rate or the heat transfer capability of the portions of the sleeve and parent tube for The portion of the installed sleeve steam generators. degradation. Eddy current techniques will be assembly which represents the reactor Installation of the sleeves can be used to employed that are sensitive to axial and coolant pressure boundary can be monitored repair degraded tubes by returning the circumferential degradation. for the initiation and progression of sleeve/ condition of the tubes to their original design Increasing the sample size of tubes tube wall degradation, thus satisfying the basis condition for tube integrity and leak repaired using either sleeving process during requirement of RG 1.83. The portion of the tightness during all plant conditions. The each scheduled inservice inspection will SG tube bridged by the sleeve joints is tube bundle overall structural and leakage increase the monitoring of these tubes for any effectively removed from the pressure integrity will be increased with the further degradation. The improved boundary, and the sleeve then forms the new installation of the sleeves reducing the risk monitoring and evaluation of the tube and pressure boundary. The sleeve enhances the of primary to secondary leakage in the SG the sleeves assures tube structural integrity is safety of the plant by reestablishing the while maintaining acceptable reactor coolant maintained or the tube is removed from protective boundaries of the steam generator. system flow rates. Therefore, sleeving will service. Keeping the tube in service with the use of not increase the probability of occurrence of Corrosion testing of typical sleeve-tube a sleeve instead of plugging the tube and an accident previously evaluated. configurations was performed to evaluate removing it from service increases the heat Removal of the kinetically welded sleeve local stresses, sleeve life, and resistance to transfer efficiency of the steam generator. process as an approved SG tube repair primary and secondary side corrosion. The During each scheduled inservice inspection, methodology will have no effect on plant tests were performed on stress relieved and each sleeve inspected and found to have operations. There are currently no kinetically as-welded (non-stress relieved) sleeve-tube unacceptable degradation shall be removed welded sleeves installed in the steam joints. Using the corrosion test data in from service. generators. Had there been, plant operations conjunction with finite element analyses of The effect on the design transients and the would have still been bounded by the the local stress, the stress relieved joint life accident analyses have been revised based on existing SGTR analysis in the UFSAR. was determined to be in excess of 40 years. the installation of sleeves equal to the tube Therefore, these proposed changes do not The ABB/CE TIG welded sleeve operating plugging level coincident with the minimum involve a significant increase in the experience in the industry has shown no reactor coolant flow rate. Evaluation of the probability or consequences of an accident sleeve failures due to service induced installation of sleeves was based on the previously evaluated. degradation in sleeves that were installed determination that LOCA evaluations for the 2. Does the change create the possibility of with acceptable inspection results. This licensed minimum reactor coolant flow a new or different kind of accident from any experience includes the stress relieved and bound the combined effect of tube plugging accident previously evaluated? as-welded sleeve configurations. All sleeves and sleeving up to an equivalent of the actual The implementation of the proposed will be stress relieved as specified in the plugging limit. Sleeving results in a fractional sleeving process will not introduce topical report. amount of the plugging limitation of one tube significant or adverse changes to the plant Removal of the kinetically welded sleeve and is a preferable alternative when considering core margins based on minimum design basis. Stress and fatigue analyses of process as an approved SG tube repair reactor coolant system flow rates. The the repair has shown the ASME Code Section methodology and not completing the sleeving installation will result in a III and RG 1.121 allowable values are met. additional corrosion testing necessary to resistance to primary coolant flow through Implementation of TIG welded sleeving establish the design life for the kinetically the tube. The primary coolant flow through maintains overall tube bundle structural and welded sleeve in the presence of a crevice the ruptured tube is reduced by the influence leakage integrity at a level consistent with will not create the possibility of a new or of the installed sleeve; therefore, the that of the originally supplied tubing. Leak different type of accident from any accident consequences to the public due to an SGTR and mechanical testing of the sleeves support previously evaluated. event have not increased. the conclusions that the sleeve retains both Repair of an SG tube with a kinetically As SG sleeve removes an indication of a structural and leakage integrity during all welded sleeve would not have provided a possible leak source from the reactor coolant conditions. Repair of a tube with a sleeve mechanism that resulted in an accident system (RCS) pressure boundary, eliminating does not provide a mechanism that would outside of the area affected by the sleeve. the potential of a primary-to-secondary leak. result in an accident outside of the area Any hypothetical accident as a result of The structural integrity of the tube is affected by the sleeve. potential tube or sleeve degradation in the maintained by the sleeve and sleeve-to-tube Any hypothetical accident as a result of repaired portion of the tube would have been joint. potential tube or sleeve degradation in the bounded by the existing SGTR analysis. The Installation of either tube sheet or tube repaired portion of the tube is bounded by SGTR analysis accounts for the installation of support plate sleeves will increase the the existing SGTR analysis. The SGTR sleeves and the impact on current plugging protective boundaries of the steam generators analysis accounts for the installation of level analyses. The sleeve design does not and will not reduce the margin of safety. sleeves and the impact on current plugging affect any other component or location of the Removal of the kinetically welded sleeve level analyses. The sleeve design does not tube outside of the immediate area repaired. process as an approved SG tube repair affect any other component or location of the Furthermore, there are currently no methodology will not result in a reduction in tube outside of the immediate area repaired. kinetically welded sleeves installed in either the margin of safety. There are currently no The current primary to secondary leakage plant. kinetically welded sleeves installed in either limit ensures that SG tube integrity is Therefore, the proposed changes do not plant. SG tube integrity will be maintained maintained in the event of an MSLB [main create the possibility of a new or different by applying an alternate NRC approved steam line break] or LOCA [loss-of-coolant type of accident from any accident repair methodology or removing the SG tube accident]. The limit will provide for leakage previously evaluated. from service by plugging. detection and a plant shutdown in the event 3. Does the change involve a significant Therefore, the proposed changes do not of the occurrence of an unexpected single reduction in a margin of safety? involve a significant reduction in the margin crack resulting in excessive tube leakage. The The TIG welded sleeving repair of of safety. leakage limit also provides for early detection degraded steam generator tubes has been The NRC staff has reviewed the and a plant shutdown prior to a postulated shown by analysis to restore the integrity of licensee’s analysis and, based on this crack reaching critical crack lengths for the tube bundle to its original design basis review, it appears that the three MSLB conditions. condition. The safety factors used in the Inservice inspections are performed design of the sleeves for the repair of standards of 10 CFR 50.92(c) are following sleeve installation to ensure proper degraded tubes are consistent with the safety satisfied. Therefore, the NRC staff weld fusion has occurred to maintain factors in the ASME Boiler and Pressure proposes to determine that the structural integrity. The post installation Vessel Code Section III used in steam amendment request involves no inspection also serves as baseline data to be generator design. The design of the ABB/CE significant hazards consideration. Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19831

Local Public Document Room examination uncertainty has been assumed plugging. Greater primary coolant flow area location: B. F. Jones Memorial Library, for determining the Electrosleeve technical is maintained through Electrosleeving versus 663 Franklin Avenue, Aliquippa, PA specification plugging limit. Electrosleeve plugging. Therefore, the possibility of a new 15001 wall degradation extent determined by or different kind of accident from any Attorney for licensee: Jay E. Silberg, nondestructive examination, which would accident previously evaluated is not created. require plugging Electrosleeved tubes, is 3. Does the change involve a significant Esquire, Shaw, Pittman, Potts & developed using the guidance of Regulatory reduction in a margin of safety? Trowbridge, 2300 N Street, NW., Guide 1.121 and is defined in FTI Topical The Electrosleeve repair of degraded steam Washington, DC 20037. Report BAW-10219P, Revision 1, to be 20% generator tubes has been shown by analysis NRC Project Director: John F. Stolz throughwall of the nominal sleeve wall to restore the integrity of the tube bundle Duquesne Light Company, et al., Docket thickness. consistent with its original design basis The effect of Electrosleeving and plugging condition. The tube/Electrosleeve operational Nos. 50-334 and 50-412, Beaver Valley will remain below the plugging limit and faulted condition stresses are bounded Power Station, Unit Nos. 1 and 2, assumed in the UFSAR [Updated Final Safety by the ASME Code requirements and the Shippingport, Pennsylvania Analysis Report]. The proposed change will Electrosleeved tubes are leaktight. The safety Date of amendment request: March not increase the consequences of these factors used in the design of Electrosleeves 10, 1997 accidents. for the repair of degraded tubes are consistent Description of amendment request: The results of the analyses and testing with the safety factors in the ASME Code demonstrate that the Electrosleeve is an used in steam generator design. The portions The proposed amendment would revise acceptable means of maintaining tube of the installed Electrosleeve assembly which Technical Specifications 3.4.5, ‘‘Steam integrity. Further, per Regulatory Guide 1.83 represent the reactor coolant pressure Generators,’’ and associated Bases to recommendations, the Electrosleeved tube boundary can be monitored for the initiation allow repair of steam generator tubes by can be monitored through periodic and progression of Electrosleeve/tube wall installation of sleeves with the inspections with present NDE degradation, thus satisfying the requirements Electrosleeving process developed by [nondestructive examination] techniques. of Regulatory Guide 1.83. The portion of the Framatome Technologies, Inc. (FTI). These measures demonstrate that installation tube bridged by the Electrosleeve is Basis for proposed no significant of Electrosleeves spanning degraded areas of effectively removed from the pressure Hazards consideration determination: the tube will restore the tube to a condition boundary, and the Electrosleeve then forms the new pressure boundary. The areas of the As required by 10 CFR 50.91(a), the consistent with its original design basis. Since the main steamline break post- Electrosleeved tube assembly which require licensee has provided its analysis of the accident primary-to-secondary leakage is not inspection are defined in Framatome issue of no significant hazards increased by the presence of Electrosleeves, Technologies Inc. Topical Report BAW- consideration, which is presented the consequences of an accident previously 10219P, Revision 1. below: evaluated in the UFSAR are not increased. In addition, since the installed 1. Does the change involve a significant Conformance of the Electrosleeve design with Electrosleeve represents a portion of the increase in the probability or consequences the applicable sections of the ASME Code pressure boundary, a baseline inspection of of an accident previously evaluated? and results of the leakage and mechanical these areas is required prior to operation with The Electrosleeve configuration has been tests support the conclusion that installation Electrosleeves installed. The effect of designed and analyzed in accordance with of Electrosleeves does not increase the sleeving on the design transients and the requirements of the ASME [American probability or consequences of an accident accident analyses has been reviewed based Society of Mechanical Engineers] Code. The previously evaluated. on the installation of Electrosleeves up to the applied stresses and fatigue usage for the 2. Does the change create the possibility of level of steam generator tube plugging Electrosleeve are bounded by the limits a new or different kind of accident from any coincident with the minimum reactor coolant established in the ASME Code. Minimum accident previously evaluated? flow rate and UFSAR and has been found material property values are used for the Electrosleeving will not adversely affect acceptable. structural and plugging limit analysis. any plant component. Stress and fatigue It is concluded that the proposed license Mechanical testing has shown that the analysis of the repair has shown that the amendment request does not result in a structural strength of nickel Electrosleeves ASME Code and Regulatory Guide 1.121 significant reduction in the margin of safety under normal, upset, and faulted conditions criteria are not exceeded. Implementation of as defined in the UFSAR or technical provides margin to the acceptance limits. Electrosleeving maintains overall tube specifications. These acceptance limits bound the most bundle structural and leakage integrity at a The NRC staff has reviewed the limiting (3 times normal operating pressure level consistent with that of the original licensee’s analysis and, based on this differential) burst margin recommended by tubing during all plant conditions. Leak and Regulatory Guide 1.121. Leakage testing has review, it appears that the three mechanical testing of Electrosleeves support shown that the Electrosleeve is essentially standards of 10 CFR 50.92(c) are the conclusions of the calculations that each leaktight during all plant conditions. satisfied. Therefore, the NRC staff The Electrosleeve nominal wall thickness Electrosleeve retains both structural and proposes to determine that the depth-based plugging limit is determined leakage integrity during all conditions. Electrosleeving of tubes does not provide a amendment request involves no using the guidance of Regulatory Guide 1.121 significant hazards consideration. and the pressure stress equation of Section III mechanism resulting in an accident outside of the area affected by the Electrosleeves. Local Public Document Room of the ASME Code. The limiting requirement location: B. F. Jones Memorial Library, of Regulatory Guide 1.121 for the Any accident resulting from potential tube or Electrosleeve, which applies to part through Electrosleeve degradation in the repaired 663 Franklin Avenue, Aliquippa, PA wall degradation, is the minimum acceptable portion of the tube is bounded by the existing 15001 wall thickness to maintain a safety factor of tube rupture accident analysis. Attorney for licensee: Jay E. Silberg, three against tube failure under normal Implementation of Electrosleeving will Esquire, Shaw, Pittman, Potts & operating conditions. A bounding set of reduce the potential for primary-to-secondary Trowbridge, 2300 N Street, NW., design and transient loading input conditions leakage while not significantly impacting Washington, DC 20037. was used for the minimum wall thickness available primary coolant flow area in the NRC Project Director: John F. Stolz evaluation in the generic evaluation. event of a LOCA. By effectively isolating Evaluation of the minimum acceptable wall degraded areas of the tube through repair, the Northeast Nuclear Energy Company, et thickness for normal, upset and postulated potential for steamline break leakage is al., Docket No. 50-336, Millstone accident condition loading per the ASME reduced. These degraded intersections now Nuclear Power Station, Unit No. 2, New Code indicates these conditions are bounded are returned to a condition consistent with London, Connecticut by the design minimum wall thickness. the Design Basis. While the installation of an Bounding tube wall degradation growth Electrosleeve reduces primary coolant flow, Date of amendment request: March rate per cycle and nondestructive the reduction is far below that caused by 27, 1997 19832 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Description of amendment request: consequences of any accident previously and primary and secondary containment), or The proposed changes to the Technical evaluated. on the safety limits for these boundaries. Specifications (TSs) would modify the Thus, the license amendment request does The locations used to monitor the ultimate limiting condition for operation (LCO) not impact the probability of an accident heat sink temperature will be maintained in previously evaluated nor does it involve a the Bases. The Bases are a licensee controlled and surveillance requirements (SR) for significant increase in the consequences of an document which is maintained under the the ultimate heat sink. The ultimate heat accident previously evaluated. requirements of 10CFR50.59. Since any sink for Millstone Unit No. 2 is the Long 2. Created the possibility of a new or future changes to this license controlled Island Sound that transfers heat from different kind of accident from any document will be evaluated per the safety-related systems during normal previously evaluated. requirements of 10CFR50.59, any possible and accident conditions. Specifically, The proposed changes remove the reduction (significant or insignificant) in a TS LCO 3.7.11 would be changed to reference to a monitoring location where the margin of safety will be addressed. indicate that the ultimate heat sink is temperature of the ultimate heat sink is Thus, the license amendment request does measured and eliminate the use of an average operable at a water temperature of less not involve a significant reduction in the ultimate heat sink temperature. The margin of safety. than or equal to 75 °F instead of an instruments used provide information to the The NRC staff has reviewed the average value. TS SRs 4.7.11.a and .b operators which will permit them to ensure would also delete the use of average that the plant is operated within the design licensee’s analysis and, based on this when verifying the water temperature basis of the plant. The subject instruments review, it appears that the three and delete the reference to a specific will provide an accurate representation of the standards of 10 CFR 50.92(c) are monitoring location, the Unit No. 2 ultimate heat sink temperature. This role is satisfied. Therefore, the NRC staff intake structure. These proposed passive, thus, these instruments cannot proposes to determine that the initiate or mitigate any accident. amendment request involves no changes do not change the ultimate heat The proposed changes will not alter the sink temperature limit, which remains significant hazards consideration. ° plant configuration (no new or different type Local Public Document Room at a maximum of 75 F. of equipment will be installed) or require any The TS Bases 3/4.7.11 would also be new or unusual operator actions. They do not location: Learning Resources Center, modified to reflect the above changes alter the way any structure, system, or Three Rivers Community-Technical and to identify the various locations that component functions and do not alter the College, 574 New London Turnpike, the ultimate heat sink temperature can manner in which the plant is operated. The Norwich, CT 06360, and the Waterford be measured. proposed changes do not introduce any new Library, ATTN: Vince Juliano, 49 Rope Basis for proposed no significant failure modes. They will not alter Ferry Road, Waterford, CT 06385 Hazards consideration determination: assumptions made in the safety analysis and Attorney for licensee: Lillian M. licensing basis. Cuoco, Esq., Senior Nuclear Counsel, As required by 10 CFR 50.91(a), the The locations used to monitor the ultimate licensee has provided its analysis of the heat sink temperature will be maintained in Northeast Utilities Service Company, issue of no significant hazards the Bases. This is a licensee controlled P.O. Box 270, Hartford, CT 06141- consideration, which is presented document which is maintained under the 0270NRC Deputy Director: Phillip F. below: requirements of 10CFR50.59. Thus, adequate McKee The proposed changes do not involve an control of information will be ensured. SHC [significant hazards consideration] Therefore, the changes will not create the Northeast Nuclear Energy Company because the changes would not: possibility of a new or different kind of (NNECO), et al., Docket No. 50-423, 1. Involve a significant increase in the accident from any accident previously Millstone Nuclear Power Station, Unit probability or consequences of an accident evaluated. No. 3, New London County, Connecticut previously evaluated. 3. Involve a significant reduction in a The proposed changes remove the margin of safety. Date of amendment request: March reference to a monitoring location where the The proposed changes remove the 31, 1997 temperature of the ultimate heat sink is reference to a monitoring location where the Description of amendment request: measured and eliminate the use of an average temperature of the ultimate heat sink is The proposed amendment would ultimate heat sink temperature. The measured and eliminate the use of an average modify Technical Specification instruments used provide information to the ultimate heat sink temperature. They do not Surveillance Requirement 4.7.1.2.1.b operators which will permit them to ensure change the ultimate heat sink temperature which requires the testing of the that the plant is operated within the design limit of 75 °F, which is assumed by the basis of the plant. The subject instruments current analysis. Therefore, there is no effect auxiliary feedwater motor-driven and will provide an accurate representation of the on the consequences of any accident turbine-driven pumps on recirculation ultimate heat sink temperature. This role is previously evaluated and no significant flow at least once per 92 days. The passive; thus, these instruments cannot impact on offsite doses associated with proposed amendment would also makes initiate or mitigate any accident. previously evaluated accidents. Thus, there changes to the appropriate Bases The locations used to monitor the ultimate is no significant reduction in the margin of section. heat sink temperature will be maintained in safety for the design basis accident analysis. Basis for proposed no significant the Bases. This is a licensee controlled The license amendment request does not Hazards consideration determination: document which is maintained under the result in a reduction of the margin of safety requirements of 10CFR50.59. The details as defined in the Bases for Technical As required by 10 CFR 50.91(a), the being removed from the Technical Specification 3.7.11. The instruments used licensee has provided its analysis of the Specifications are not assumed to be an provide information to the operators which issue of no significant hazards initiator of any analyzed event. Since any will permit them to ensure that the plant is consideration, which is presented changes to the relocated details will be operated within the design basis of the plant. below: evaluated per 10CFR50.59, any possible The subject instruments will provide an NNECO has reviewed the proposed increase in the probability or consequences accurate representation of the ultimate heat changes in accordance with 10CFR 50.92 and of an accident previously evaluated will be sink temperature. The proposed changes do has concluded that the changes do not addressed. not alter the way any structure, system, or involve a significant hazards consideration The proposed changes do not revise the component functions and do not alter the (SHC). The bases for this conclusion is that ultimate heat sink temperature limit of 75 °F. manner in which the plant is operated. They the three criteria of 10CFR 50.92(c) are not The current analysis is based on the ultimate do not have any impact on the protective satisfied. The proposed changes do not heat sink temperature limit of 75 °F. boundaries (e.g., fuel matrix and cladding, involve [an] SHC because the changes would Therefore, there is no effect on the reactor coolant system pressure boundary, not: Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19833

1. Involve a significant increase in the not involve a significant reduction in a The proposed change does not involve a SHC probability or consequence of an accident margin of safety. because the change would not: previously evaluated. The change in the referenced units from 1. Involve a significant increase in the The proposed changes to Technical differential pressure measured in psid to total probability or consequence of an accident Specification Surveillance 4.7.1.2.1.b to head measured in feet for the motor driven previously evaluated. increase the required test parameter for the auxiliary and turbine driven auxiliary The proposed changes to the surveillance motor driven pumps from 1460 psid to 1468 feedwater pumps during surveillance testing testing of the motor-operated valve thermal psid and replacing the current parameters for is to account for the effect of water density overload protection are consistent with the motor driven and turbine driven pumps on pump performance during each test and equipment design criteria and performing from differential pressure measured in psid does not involve a significant reduction in a surveillance testing does not significantly [pounds per square inch differential] to total margin of safety. increase the probability of an accident head measured in feet are consistent with The moving of the reference to previously evaluated. The proposed changes equipment design criteria and does not Specification 4.0.5 in order to clarify that it to the surveillance testing provides the significantly increase the probability of an applies to the testing of the motor driven and necessary assurance that the motor operated accident previously evaluated. turbine driven pumps and the modifications valve thermal overload protection will The proposed changes to increase the to the bases section are administrative and do function as required and does not involve a required test parameter for the motor driven not involve a significant reduction in a significant increase in the consequence of an pumps from 1460 psid to 1468 psid and margin of safety. accident previously evaluated. replacing the current parameters for the Therefore, the proposed changes do not Therefore, the proposed changes do not motor driven and turbine driven pumps from involve a significant reduction in a margin of involve a significant increase in the differential pressure measured in psid to total safety. probability or consequence of an accident head measured in feet provides the necessary In conclusion, based on the information previously evaluated. assurance that the pumps will function as provided, it is determined that the proposed 2. Create the possibility of a new or required in accident analyses and does not changes do not involve an SHC. different kind of accident from any accident significantly increase the consequence of an The NRC staff has reviewed the previously evaluated. The proposed changes to the surveillance accident previously evaluated. licensee’s analysis and, based on this The moving of the reference to testing of the motor-operated valve thermal Specification 4.0.5 in order to clarify that it review, it appears that the three overload protection does not change the applies to the testing of the motor driven and standards of 10 CFR 50.92(c) are operation of any system or system turbine driven pumps and the modifications satisfied. Therefore, the NRC staff component during normal or accident to the bases section are administrative and do proposes to determine that the evaluations. not involve a significant increase in the amendment request involves no Therefore, the proposed change does not probability or consequence of an accident significant hazards consideration. create the possibility of a new or different previously evaluated. Local Public Document Room kind of accident from any accident previously evaluated. Therefore, the proposed changes do not location: Learning Resources Center, involve a significant increase in the 3. Involve a significant reduction in a probability or consequence of an accident Three Rivers Community-Technical margin of safety. previously evaluated. College, 574 New London Turnpike, The proposed changes to the surveillance 2. Create the possibility of a new or Norwich, Connecticut, and the testing of the motor-operated valve thermal different kind of accident from any accident Waterford Library, ATTN: Vince overload protection are administrative in that previously evaluated. Juliano, 49 Rope Ferry Road, Waterford, the changes to the surveillance only clarify The proposed changes to Technical Connecticut that following maintenance on the motor Specification Surveillance 4.7.1.2.1.b to Attorney for licensee: Lillian M. starter, a channel calibration is required only increase the required test parameter for the on that valve. The surveillance continues to Cuoco, Esq., Senior Nuclear Counsel, require periodic representative sample motor driven pumps from 1460 psid to 1468 Northeast Utilities Service Company, psid and replacing the current parameters for testing. the motor driven and turbine driven pumps P.O. Box 270, Hartford, CT 06141- Therefore, the proposed change does not from differential pressure measured in psid 0270NRC Deputy Director: Phillip F. involve a significant reduction in a margin of to total head measured in feet does not McKee safety. In conclusion, based on the information change the operation of the auxiliary Northeast Nuclear Energy Company feedwater system or any of its components provided, it is determined that the proposed during normal or accident evaluations. (NNECO), et al., Docket No. 50-423, change does not involve an SHC. The moving of the reference to Millstone Nuclear Power Station, Unit The NRC staff has reviewed the Specification 4.0.5 in order to clarify that it No. 3, New London County, Connecticut licensee’s analysis and, based on this applies to the testing of the motor driven and Date of amendment request: March review, it appears that the three turbine driven pumps and the modifications 31, 1997 standards of 10 CFR 50.92(c) are to the bases section are administrative and do satisfied. Therefore, the NRC staff not create the possibility of a new or different Description of amendment request: The proposed amendment would proposes to determine that the kind of accident from any accident amendment request involves no previously evaluated. separate the required testing of motor- Therefore, the proposed changes do not operated valve thermal overload significant hazards consideration. Local Public Document Room create the possibility of a new or different protection into two new surveillances. location: Learning Resources Center, kind of accident from any accident Basis for proposed no significant Three Rivers Community-Technical previously evaluated. Hazards consideration determination: 3. Involve a significant reduction in a College, 574 New London Turnpike, As required by 10 CFR 50.91(a), the margin of safety. Norwich, Connecticut, and the licensee has provided its analysis of the The proposed change to Technical Waterford Library, ATTN: Vince issue of no significant hazards Specification Surveillance 4.7.1.2.1.b to Juliano, 49 Rope Ferry Road, Waterford, consideration, which is presented increase the referenced total head of the Connecticut motor below: Attorney for licensee: Lillian M. driven auxiliary feedwater pumps during NNECO has reviewed the proposed change surveillance testing provides an acceptable in accordance with 10CFR50.92 and has Cuoco, Esq., Senior Nuclear Counsel, margin between the required surveillance concluded that the change does not involve Northeast Utilities Service Company, and design pump performance to provide a significant hazards consideration (SHC). P.O. Box 270, Hartford, CT 06141- assurance that the pumps will operate The bases for this conclusion is that the three 0270NRC Deputy Director: Phillip F. consistent with system evaluations and does criteria of 10CFR50.92(c) are not satisfied. McKee 19834 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Public Service Electric & Gas Company, Specification section 4.5.2.h.1.a is of editorial licensee has provided its analysis of the Docket Nos. 50-272 and 50-311, Salem nature. issue of no significant hazards Nuclear Generating Station, Unit Nos. 1 Based on the above information, the consideration, which is presented and 2, Salem County, New Jersey proposed changes do not increase the risk or below: consequences of an accident previously [1. Involve a significant increase in the evaluated. Date of amendment request: March 4, probability or consequences of an accident 2. The proposed change does not create the 1997 previously evaluated.] possibility of a new or different kind of Description of amendment request: The proposed changes do not significantly The amendments would modify the accident from any accident previously evaluated. No new single failures are increase the probability or consequences of Emergency Core Cooling System (ECCS) initiated. The proposed changes will an accident previously evaluated in the surveillance test acceptance criteria in therefore not create the possibility of a new FSAR [Final Safety Analysis Report]. The Technical Specification 3/4.5.2 for the or different kind of accident from any proposed changes have no impact on the Centrifugal Charging (CH) and the accident previously evaluated. The proposed probability of an accident. The containment Safety Injection (SI) pumps. The change addresses suction boost by changing isolation valves will continue to require changes to the specified flow values the Technical Specification surveillance operability testing. Allowing the testing to be performed when the unit is in a defueled would account for system alignments acceptance criteria. The typographical correction is of editorial nature. status will have no impact on any accidents that effect the suction pressure to the previously evaluated. The net effect of these pumps. In the recirculation mode, 3. The proposed change does not involve a significant reduction in a margin of safety. changes is not significant and, as a result, increased flow occurs when the CH and The evaluation of LOCA accident analysis does not involve a significant increase in the SI pumps take suction from the previously performed by Westinghouse consequences of an accident previously discharge of the Residual Heat Removal continues to be met and verifies that, with evaluated. pumps. the proposed changes to the TS, plant [2. Create the possibility of a new or Basis for proposed no significant operations will be maintained within the different kind of accident from any accident Hazards consideration determination: bounds of safe, analyzed conditions as previously evaluated.] As required by 10 CFR 50.91(a), the defined in the UFSAR [Updated Final Safety The proposed changes to the Technical licensee has provided its analysis of the Analysis Report] and that conclusions Specifications do not increase the possibility presented in the UFSAR remain valid. The of a new or different kind of accident than issue of no significant hazards peak cladding temperatures (PTC) remains any accident already evaluated in the FSAR. consideration, which is presented unchanged as no effective differences in the No new limiting single failure or accident below: operating parameters have occurred. The scenario has been created or identified due 1. The proposed change does not involve typographical correction is of editorial to the proposed changes. Safety-related a significant increase in the probability or nature. The proposed changes will therefore systems will continue to perform as consequences of an accident previously not reduce the margin of safety. designed. The proposed changes do not evaluated. The evaluations performed by The NRC staff has reviewed the create the possibility of a new or different Westinghouse determined that, with the licensee’s analysis and, based on this kind of accident from any previously proposed changes, the subject pumps remain review, it appears that the three evaluated. operable and the safety analyses criteria standards of 10 CFR 50.92(c) are [3. Involve a significant reduction in a remain valid. margin of safety.] Previous conclusions under LCR [License satisfied. Therefore, the NRC staff proposes to determine that the The proposed changes do not involve a Change Request] 91-03 evaluating the significant reduction in the margin of safety. consequences of the LOCA [loss-of-coolant- amendment request involves no Although, as a result of these proposed accident] considered in the Salem Units 1 & significant hazards consideration. changes, the containment isolation valves 2 licensing basis remain unchanged. With Local Public Document Room could be tested for operability while the unit respect to the LOCA, the Peak Cladding location: Salem Free Public library, 112 is in a defueled state, there is no impact in Temperature (PCT) continues to conform to West Broadway, Salem, NJ 08079 the accident analyses. These proposed the 10CFR50.46 guidelines of less than Attorney for licensee: Mark J. changes are technically consistent with the 2200*F. Evaluation of LOCA mass and Wetterhahn, Esquire, Winston and requirements of NUREG-1431, Revision 1 energy releases previously found acceptable which has already received the requisite remain valid. Decreasing the acceptance Strawn, 1400 L Street, NW, Washington, review and approval of the NRC staff. Thus window to accommodate the potential of an DC 20005-3502 the proposed changes do not involve a increase to pump runout flow, assures that NRC Project Director: John F. Stolz significant reduction in the margin of safety. the current limits on pump runout flows continue to be met. This change ensures Southern Nuclear Operating Company, The NRC staff has reviewed the pump integrity is maintained during the Inc., Docket Nos. 50-348 and 50-364, licensee’s analysis and, based on this accident. The reduction of the flow by Joseph M. Farley Nuclear Plant, Units review, it appears that the three throttling valves to compensate for the 1 and 2, Houston County, Alabama standards of 10 CFR 50.92(c) are potential suction boost remains within the Date of amendments request: March satisfied. Therefore, the NRC staff current analyses and therefore more 7, 1997 proposes to determine that the conservative values are being proposed. Additionally, the proposed change balances Description of amendments request: amendment request involves no the pump flows more appropriately by The proposed amendments would allow significant hazards consideration. differentiating between the hot and cold leg operability testing for the containment Local Public Document Room alignments. Flow to the reactor core is isolation valves listed in Table 3.6-1 of location: Houston-Love Memorial unaffected by the very slight reduction in the the Technical Specifications during a Library, 212 W. Burdeshaw Street, Post upper flow limits. Since the design defueled status. These proposed Office Box 1369, Dothan, Alabama limitations continue to be met and the changes are technically consistent with 36302 integrity of the reactor coolant system the requirements of NUREG-1431, pressure boundary is not challenged, offsite Revision 1, ‘‘Westinghouse Standard Attorney for licensee: M. Stanford dose assumptions and calculations remain Blanton, Esq., Balch and Bingham, Post valid. Further, the ECCS is post-accident Technical Specifications,’’ issued on April 7, 1995. Office Box 306, 1710 Sixth Avenue mitigation system and probability of an North, Birmingham, Alabama 35201 accident is not increased by this proposed Basis for proposed no significant change. Lastly, the correction of double use Hazards consideration determination: NRC Project Director: Herbert N. of the word ‘‘the’’ in Salem Unit 1 Technical As required by 10 CFR 50.91(a), the Berkow Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19835

Tennessee Valley Authority, Docket minimal; therefore, this change does not decay heat, to be limited to approximately Nos. 50-327 and 50-328, Sequoyah involve a significant increase in the 11.45 psig, which is below the containment Nuclear Plant, Units 1 and 2, Hamilton probability or consequences of an accident design pressure of 12 psig. County, Tennessee previously evaluated. Based on TVA’s evaluation and the revised Elimination of the temperature at which containment analysis, TVA considers the Date of amendment request: August the pH of the ice bed is determined is an reduction of the average basket weight to be 22, 1996, as supplemented on March 28, administrative change. Future testing will be acceptable for satisfying the safety function 1997 (TS 96-02) accomplished in accordance with American of the ice condenser for the current 18-month Description of amendment request: Society for Testing and Materials Standards interval. Therefore, the proposed change does recommendations. Therefore, this change not involve a significant reduction in the The proposed changes would revise cannot increase the probability of an accident margin of safety. Section 3.6.5 of the Sequoyah Technical and the consequences of an accident will not The proposal to extend the surveillance Specifications (TS) and associated Bases increase. from 12 to 18 months does not change the to lower the minimum TS ice basket 2. Create the possibility of a new or boron concentration or pH requirements. weight of 1,155 pounds to 1,071 different kind of accident from any Experience at Duke Power Company, as pounds. This would reduce the overall previously analyzed. stated in NUREG-1366, indicates that these weight of ice required in the ice TVA’s request to lower the TS limit for ice parameters do not change appreciably when verified every 9 months. SQN has a similar condenser from 2,245,320 pounds to weight at the start of the surveillance interval will not result in a new or different kind of experience with a 12-month interval. Since 2,082,024 pounds. The TVA license accident from that previously analyzed in the boron concentration and the post-LOCA amendment request also proposed to SQN’s Final Safety Analysis pH requirements remain essentially the same, extend the chemical analysis Report. SQN’s ice condenser serves to limit there is no reduction in the margin of safety. surveillance interval for the ice the peak pressure inside containment Elimination of the temperature at which condenser ice bed from 12 months to 18 following a LOCA. TVA has evaluated the the pH of the ice bed is determined is an months based on the provisions of revised containment pressure analysis for administrative change. Future testing will be accomplished in accordance with ASTM Generic Letter 93-05. SQN (Enclosure 4, Westinghouse WCAP- 12455, Revision 1) and determined that recommendations. The difference between Basis for proposed no significant the pH values determined at the current TS Hazards consideration determination: sufficient ice would be present at all times to keep the peak containment pressure below specified temperature and the temperature As required by 10 CFR 50.91(a), the SQN’s containment design pressure of 12 currently recommended by the ASTM licensee has provided its analysis of the pounds per square inch gage (psig). standards is insignificant. Therefore, there is no reduction in the margin of safety. issue of no significant hazards Therefore, this change would not result in a consideration, which is presented new or different kind of accident from any The NRC has reviewed the licensee’s below: previously analyzed. analysis and, based on thisreview, it Operation of Sequoyah Nuclear Plant The proposed reduced testing frequency of appears that the three standards of 10 (SQN) in accordance with the proposed the chemical composition of the ice bed does CFR 50.92(c) are satisfied. Therefore, the amendment will not: not change the manner in which the plant is NRC staff proposes to determine that the 1. Involve a significant increase in the operated. Additionally, the ice condenser is amendment request involves no probability or consequences of an accident a passive system that reacts to an accident, significant hazards consideration. previously evaluated. but does not support plant operation on a Local Public Document Room TVA proposes to modify the SQN Unit 1 daily basis. The reduced testing frequency of location: Chattanooga-Hamilton County and Unit 2 TSs [Technical Specifications] to the ice bed chemical composition does not Library, 1101 Broad Street, Chattanooga, revise Surveillance Requirement (SR) generate any new accident precursors; Tennessee 37402 4.6.5.1.d to lower SQN’s minimum TS basket therefore, the possibility of a new or different Attorney for licensee: General weight from 1,155 pounds (lbs) to 1,071 lbs, kind of accident from any previously thus lowering the overall ice condenser analyzed is not created. Counsel, Tennessee Valley Authority, weight from 2,245,320 lbs to 2,082,024 lbs. Elimination of the temperature at which 400 West Summit Hill Drive, ET 11H, The ice condenser system is provided to the pH of the ice bed is determined is an Knoxville, Tennessee 37902 absorb thermal energy release following a administrative change. This change cannot NRC Project Director: Frederick J. loss-of-coolant accident (LOCA) or high create the possibility of a new or different Hebdon energy line break (HELB) and to limit the kind of accident. peak pressure inside containment. The 3. Involve a significant reduction in a Virginia Electric and Power Company, current containment analysis for SQN is margin of safety. Docket Nos. 50-280 and 50-281, Surry based on a minimum of 993 lbs of ice per The ice condenser system is provided to Power Station, Unit Nos. 1 and 2, Surry basket evenly distributed throughout the ice absorb thermal energy release following a County, Virginia condenser at the end of an 18-month LOCA and to limit the peak pressure inside Date of amendment request: refueling cycle. The revised containment containment. The current ice condenser September 12, 1996 analysis shows that for the predicted analysis for SQN is based on a minimum of Description of amendment request: sublimation rate of 15 percent for 18 months, 993 lbs of ice per basket. The revised an average basket weight of 922 lbs at the end containment analysis changes the minimum The proposed change to the Technical of the 18-month period would ensure ice weight assumed in the analysis to 922 lbs Specifications is administrative in containment design pressure is not exceeded. per basket. nature in that it would add the NRC Based on TVA’s evaluation and the revised The revised containment analysis shows standard fire protection license containment analysis, TVA considers the that using an average basket weight of 1,071 condition to each unit’s Operating reduction of ice weight to be acceptable for lbs and a sublimation allowance of 15 License and relocate the fire protection satisfying the safety function of the ice percent, all bays would have an average requirements from the Technical condenser for an 18-month ice weighing basket weight of 922 lbs at the end of the 18- Specifications to the Updated Final interval. Therefore, the proposed change does month surveillance interval. The revised Safety Analysis Report (UFSAR). not involve a significant increase in the analysis utilizes new mass and energy Basis for proposed no significant probability or consequences of an accident releases (refer to Westinghouse WCAP-10325- Hazards consideration determination: previously evaluated. P-A), which substantially delays ice-bed TVA is also proposing to extend the meltout and limits the initial containment As required by 10 CFR 50.91(a), the surveillance interval as it pertains to the ice peak pressure to approximately 7.15 psig licensee has provided its analysis of the bed chemical analysis. Based on test results, during the blowdown phase. The ice-bed issue of no significant hazards both at SQN and the industry, the average meltout delay allows the second containment consideration, which is presented boron concentration and pH changes are pressure peak, which is driven mainly by the below: 19836 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Specifically, operation of Surry Power refueling conditions; and the minimum the fluid’s capability to retain elemental Station with the proposed amendment will boron concentration in the reactor when iodine, nor will it adversely increase the not: positive reactivity could be added and/ potential corrosion rates for materials inside 1. Involve a significant increase in either or boron dilution could occur and containment if the sump water is sprayed the probability of occurrence or into containment during the recirculation consequences of any accident or equipment containment integrity is not intact. phase of a LOCA. malfunction scenario that is important to These changes are necessary to Another consequence of injecting a higher safety and which has been previously accommodate the planned extension of concentration boric acid solution into the evaluated in the UFSAR. The requirements of the operating cycle from 12 months to core during a LOCA may be an abbreviated the Fire Protection Program have not been 18 months. The licensee proposes to onset to boron precipitation in the post- changed by theproposed amendment. change TS 15.3.2, ‘‘Chemical and LOCA core. An incremental change in the Relocation of the Fire Protection Program Volume Control System,’’ TS 15.3.3, boron injection concentration would not requirements into the UFSAR and station ‘‘Safety Injection and Residual Heat have significant effect on the postulated onset, but each core reload safety evaluation procedures does not decrease any portion of Removal Systems,’’ TS 15.3.6, the program. The same fire protection will continue to verify that the existing requirements exist as before the change. ‘‘Containment System,’’ TS 15.3.8, emergency operating procedures 2. Create the possibility of a new or ‘‘Refueling,’’ and associated Bases. accommodate the potential for boron different type of accident than those Basis for proposed no significant precipitation. previously evaluated in the safety analysis Hazards consideration determination: Therefore, this proposed license report. The requirements of the Fire As required by 10 CFR 50.91(a), the amendment does not affect the consequences Protection Program have not been changed by licensee has provided its analysis of the of any accident previously evaluated in the the proposed amendment. This is an issue of no significant hazards PBNP FSAR, because the factors that are used administrative change to relocate the Fire consideration which is presented below: to determine the consequences of accidents are not changed. Protection Program requirements from the 1. Operation of this facility under the Technical Specifications to the UFSAR and proposed Technical Specifications will not 2. Operation of this facility under the station procedures. Consequently, the create a significant increase in the probability proposed Technical Specifications change possibility of a new or different kind of or consequences of an accident previously will not create the possibility of a new or accident from any accident previously evaluated. different kind of accident from any evaluated has not been created. The probabilities of accidents previously previously evaluated. 3. Involve a significant reduction in a evaluated are based on the probability of New or different kinds of accidents can margin of safety. Implementation of the Fire initiating events for these accidents. only be created by new or different accident Protection Program requirements is assured Initiating events for accidents previously initiators or sequences. New and different by the UFSAR and station procedures. Since evaluated are described in the PBNP FSAR types of accidents (different from those that the rogram is being retained intact, there is [final safety analysis report]. were originally analyzed for Point Beach) no reduction in the margin of safety. In effect, the proposed changes will result have been evaluated and incorporated into The NRC staff has reviewed the in: (1) higher boron concentrations of the licensing basis for PBNP. Examples of licensee’s analysis and, based on this primary coolant during refueling, and (2) different accidents that have been review, it appears that the three higher boron inventories in the RWSTs, incorporated into the PBNP licensing basis BASTs, and SI accumulators. These changes include anticipated transients without scram standards of 50.92(c) are satisfied. and station blackout. Therefore, the NRC staff proposes to do not require hardware changes or changes to the operation of accident-mitigating The changes proposed by this TSCR do not determine that the amendment request equipment. These changes relate to the create any new or different accident initiators involves no significant hazards performance capability of particular accident or sequences because these changes to consideration. mitigation systems; equipment that is not minimum boron concentrations will not Local Public Document Room postulated to cause accidents. Therefore, cause failures of equipment or accident location: Swem Library, College of these proposed changes do not cause an sequences different than the accidents William and Mary, Williamsburg, increase in the probabilities of any accidents previously analyzed. No new equipment Virginia 23185. previously evaluated. interfaces are created, and no new materials The consequences of accidents previously or fluids are introduced. The incremental Attorney for licensee: Michael W. increase in boron concentrations will not Maupin, Esq., Hunton and Williams, evaluated in the PBNP FSAR are determined by the results of analyses that are based on create a failure mechanism not previously Riverfront Plaza, East Tower, 951 E. initial conditions of the plant, the type of known and evaluated. Therefore, these Byrd Street, Richmond, Virginia 23219 accident, transient response of the plant, and proposed TS changes do not create the NRC Project Director: Mark Reinhart, the operation and failure of equipment and possibility of an accident of a different type Acting systems. than any previously evaluated in the PBNP In effect, the proposed changes will result FSAR. Wisconsin Electric Power Company, in: (1) higher boron concentrations of 3. Operation of this facility under the Docket Nos. 50-266 and 50-301, Point primary coolant during refueling, and (2) proposed Technical Specifications change Beach Nuclear Power Plant, Unit Nos. higher boron inventories in the RWSTs, will not create a significant reduction in a 1 and 2, Town of Two Creeks, BASTs, and SI accumulators. These margin of safety. Manitowoc County, Wisconsin increased boron concentrations do not The margins of safety for Point Beach are increase the probability that engineered based on the design and operation of the Date of amendment request: January safety features equipment will fail, nor do reactor and containment and the safety 16, 1997 these changes affect the capability of this systems that provide their protection. Plant Description of amendment request: equipment to operate as required for the safety margins are established through The proposed amendments (Point Beach accidents previously evaluated in the PBNP Limiting Conditions for Operation, Limiting Nuclear Plant (PBNP) Technical FSAR. These changes do not require Safety System Settings and Safety Limits Specifications (TS) Change Request hardware changes or changes to the operation specified in the Technical Specifications. (TSCR) 191) would revise the minimum of accident-mitigating equipment. The proposed Technical Specification boron concentration required in the The consequential effects of a lower changes to refueling water storage tank containment spray pH will not affect the (RWST), SI accumulator, and BAST boron refueling water storage tank(s)(RWST), capability of the containment spray to inventory requirements have all been boric acid storage tanks (BAST), and remove elemental iodine during design basis evaluated to preserve the shutdown safety injection (SI) accumulators during LOCA [loss-of-coolant accident] accidents. capability described in the associated bases normal operation; the minimum boron Also, the consequential reduction in (boration from just critical, hot zero or full concentration of primary coolant during containment sump water pH will not affect power, peak xenon with control rods at the Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19837 insertion limit, to xenon-free cold shutdown consequences of an accident related to licensee has provided its analysis of the with the highest worth control rod assembly personnel radiation exposures may be issue of no significant hazards fully withdrawn). Similarly, the proposed TS reduced. consideration which is presented below: change to the minimum boron concentration 2. Operation of the Point Beach Nuclear 1. Operation of this facility under the of the primary coolant system for refueling Plant in accordance with the proposed proposed Technical Specifications will not operations have been evaluated to preserve amendments will not create the possibility of create a significant increase in the probability the subcriticality margin described in the a new or different kind of accident from any or consequences of an accident previously associated TS bases (i.e., 5% [delta] k/k in accident previously evaluated. evaluated. the cold condition with all rods inserted). The proposed amendments are The proposed changes do not involve a Because there are no changes to any of administrative only and do not affect the change to structures, systems, or components these margins, the proposed license operation or maintenance of any structure[,] which would affect the probability or amendment does not involve a reduction in system or component at Point Beach Nuclear consequences of an accident previously any margin of safety. Plant. No new systems or components are evaluated in the PBNP Final Safety Analysis The NRC staff has reviewed the introduced. Therefore, no new accident Report (FSAR). The only relevant concern licensee’s analysis and, based on this initiators or sequences result from any with respect to increasing enrichment limits review, it appears that the three previously evaluated. in the spent fuel pool and new fuel storage standards of 10 CFR 50.92(c) are 3. Operation of the Point Beach Nuclear racks is one of criticality. The proposed satisfied. Therefore, the NRC staff Plant in accordance with the proposed changes use the same criticality limit used in proposes to determine that the amendments will not create a significant the current Technical Specifications. reduction in a margin of safety. Therefore, margin to safe operation of Units amendment request involves no The proposed amendments are significant hazards consideration. 1 and 2 is maintained. The probability and administrative and reflect regulatory consequences of an accident previously Local Public Document Room requirements that are more conservative than location: Joseph P. Mann Library, 1516 evaluated are dependent on this criticality those presently reflected in the PBNP limit. Because the limit will not change, the Sixteenth Street, Two Rivers, Wisconsin Technical Specifications. These more probability and consequences of those 54241 conservative requirements result in more accidents previously evaluated will not Attorney for licensee: Gerald Charnoff, conservative designation of high radiation change. Esq., Shaw, Pittman, Potts, and areas thereby providing additional margins of 2. Operation of this facility under the Trowbridge, 2300 N Street, NW., safety related to the control of radiation proposed Technical Specifications change Washington, DC 20037 exposures to personnel. No structure[,] will not create the possibility of a new or NRC Project Director: John N. Hannon system or component at PBNP at PBNP is different kind of accident from any accident changed[,] thereby maintaining the margins previously evaluated. Wisconsin Electric Power Company, of safety for the operation of the Point Beach The proposed changes do not involve a Docket Nos. 50-266 and 50-301, Point Nuclear Plant. change to plant design. The proposed Beach Nuclear Power Plant, Unit Nos. The NRC staff has reviewed the increase in spent fuel pool and new fuel 1 and 2, Town of Two Creeks, licensee’s analysis and, based on this storage racks fuel assembly enrichment limits Manitowoc County, Wisconsin review, it appears that the three maintains the margin to safe operation of standards of 10 CFR 50.92(c) are Units 1 and 2 because the criticality limit for Date of amendment request: January satisfied. Therefore, the NRC staff the spent fuel pool and new fuel storage 21, 1997 proposes to determine that the racks will not change. These changes do not Description of amendment request: affect any of the parameters or conditions The proposed amendments (Point Beach amendment request involves no significant hazards consideration. that contribute to the initiation of any Nuclear Plant (PBNP) Technical accidents. Because the criticality limit Local Public Document Room Specifications (TS) Change Request 195) remains the same, these changes have no location: Joseph P. Mann Library, 1516 would revise TS Section 15.6.11, effect on plant operation, design, or initiation Sixteenth Street, Two Rivers, Wisconsin ‘‘Radiation Protection Program,’’ to of any accidents. Therefore, the proposed 54241 update all references to 10 CFR Part 20, changes will not create the possibility of a Attorney for licensee: Gerald Charnoff, new or different kind of accident from any ‘‘Standards for Protection Against Esq., Shaw, Pittman, Potts, and accident previously evaluated. Radiation,’’ to restore consistency Trowbridge, 2300 N Street, NW., 3. Operation of this facility under the between 10 CFR Part 20 regulations and Washington, DC 20037 proposed Technical Specifications change the PBNP TS. NRC Project Director: John N. Hannon will not create a significant reduction in a Basis for proposed no significant margin of safety. Hazards consideration determination: Wisconsin Electric Power Company, The proposed changes maintain the margin As required by 10 CFR 50.91(a), the Docket Nos. 50-266 and 50-301, Point to safe operation of Units 1 and 2. The licensee has provided its analysis of the Beach Nuclear Power Plant, Unit Nos. margin of safety is based on the criticality issue of no significant hazards 1 and 2, Town of Two Creeks, limit of the spent fuel pool and the new fuel consideration which is presented below: Manitowoc County, Wisconsin storage racks. Because this limit will not 1. Operation of the Point Beach Nuclear change, the margin of safety will not be Plant in accordance with the proposed Date of amendment request: January affected. Therefore, the proposed changes amendments will not create a significant 24, 1997 will not create a significant reduction in a increase in the probability or consequences Description of amendment request: margin of safety. of an accident previously evaluated. The proposed amendments (Point Beach The NRC staff has reviewed the The proposed amendments are Nuclear Plant (PBNP) Technical licensee’s analysis and, based on this administrative in nature, providing Specifications (TS) Change Request review, it appears that the three consistency between the Point Beach licenses (TSCR) 193) would revise TS 15.5.4, standards of 10 CFR 50.92(c) are and Commission regulations. The ‘‘Fuel Storage,’’ to increase fuel satisfied. Therefore, the NRC staff amendments do not affect the operation or assembly enrichment limits to 5.0 w/o proposes to determine that the maintenance of any PBNP structure[,] system U-235 while maintaining Keff in the amendment request involves no or component. In addition, the regulations significant hazards consideration. and proposed changes provide more storage pools (spent fuel pool and new conservative determinations of high radiation fuel storage racks) less than 0.95. Local Public Document Room areas, thereby potentially resulting in lower Basis for proposed no significant location: Joseph P. Mann Library, 1516 personnel radiation exposures during normal Hazards consideration determination: Sixteenth Street, Two Rivers, Wisconsin operation and post accident. The As required by 10 CFR 50.91(a), the 54241 19838 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Attorney for licensee: Gerald Charnoff, 3. Operation of Point Beach Nuclear Plant As required by 10 CFR 50.91(a), the Esq., Shaw, Pittman, Potts, and in accordance with the proposed licensee has provided its analysis of the Trowbridge, 2300 N Street, NW., amendments will not create a significant issue of no significant hazards reduction in a margin of safety. Washington, DC 20037 The proposed changes are administrative consideration, which is presented NRC Project Director: John N. Hannon in nature. There is no physical change to the below: facility, its systems, or its operation, except 1. The proposed change does not involve Wisconsin Electric Power Company, a significant increase in the probability or Docket Nos. 50-266 and 50-301, Point for the conservative reduction of the turbine load limit with the crossover steam dump consequences of an accident previously Beach Nuclear Power Plant, Unit Nos. system inoperable which has already been evaluated. 1 and 2, Town of Two Creeks, justified via 10 CFR 50.59. Therefore, The proposed changes simplify the Manitowoc County, Wisconsin operation of PBNP in accordance with the technical specifications, meet the regulatory requirements for control of containment Date of amendment request: February proposed amendments cannot result in a significant reduction in a margin of safety. isolation, and are consistent with the 12, 1997, as supplemented on March 11, The NRC staff has reviewed the guidelines of GL 91-08. The procedural 1997 licensee’s analysis and, based on this details of Technical Specification Table 3.6- Description of amendment request: review, it appears that the three 1 have not been changed, but only relocated The proposed amendments (Point Beach standards of 10 CFR 50.92(c) are to a different controlling document. The proposed changes are administrative in Nuclear Plant (PBNP) Technical satisfied. Therefore, the NRC staff Specifications (TS) Change Request 196) nature, should result in improved proposes to determine that the administrative practices, and do not affect would relocate turbine overspeed amendment request involves no protection specifications, limiting plant operations. significant hazards consideration. The probability of occurrence of a conditions for operation, surveillance Local Public Document Room previously evaluated accident is not requirements, and associated bases from location: Joseph P. Mann Library, 1516 increased because this change does not TS Section 15.3.4, ‘‘Steam and Power Sixteenth Street, Two Rivers, Wisconsin introduce any new potential accident Conversion System,’’ and Section 54241 initiating conditions. The consequences of an 15.4.1, ‘‘Operational Safety Review,’’ to Attorney for licensee: Gerald Charnoff, accident previously evaluated is not the Final Safety Analysis Report (FSAR) Esq., Shaw, Pittman, Potts, and increased because the ability of containment in accordance with Generic Letter 95-10, Trowbridge, 2300 N Street, NW., to restrict the release of any fission product ‘‘Relocation of Selected Technical Washington, DC 20037 radioactivity to the environment will not be Specifications Requirements Related to degraded by this change. NRC Project Director: John N. Hannon 2. The proposed change does not create the Instrumentation.’’ possibility of a new or different kind of Basis for proposed no significant Wolf Creek Nuclear Operating Corporation, Docket No. 50-482, Wolf accident from any accident previously Hazards consideration determination: evaluated. As required by 10 CFR 50.91(a), the Creek Generating Station, Coffey County, Kansas The proposed changes are administrative licensee has provided its analysis of the in nature, do not result in physical issue of no significant hazards Date of amendment request: February alterations or changes to the operation of the consideration which is presented below: 17, 1997; supersedes March 24, 1995, as plant, and cause no change in the method by 1. Operation of Point Beach Nuclear Plant supplemented by letter dated August 16, which any safety-related system performs its in accordance with the proposed 1995, amendment request. function. Therefore, this proposed change amendments will not result in a significant Description of amendment request: will not create the possibility of a new or increase in the probability or consequences This amendment request proposes to different kind of accident from any of an accident previously evaluated. revise Technical Specification 1.7, previously evaluated. The proposed amendments 3. The proposed change does not involve ‘‘Containment Integrity,’’ Technical a significant reduction in a margin of safety. administratively relocate turbine overspeed Specification 3/4.6.1, ‘‘Containment protection Specifications to the Point Beach The administrative change to relocate Final Safety Analysis Report (FSAR). The Integrity,’’ and Technical Specification Technical Specification Table 3.6-1 to Specifications will be transferred verbatim, 3/4.6.3, ‘‘Containment Isolation Valves.’’ appropriate plant procedures does not alter except for the turbine load limit with the These proposed changes would relocate the basic regulatory requirements for crossover steam dump system inoperable, Technical Specification Table 3.6-1, containment isolation and will not adversely which has already been evaluated under 10 ‘‘Containment Isolation Valves,’’ to the affect containment isolation capability for CFR 50.59 and will be conservatively Wolf Creek Generating Station (WCGS) Coordinator credible accident scenarios. reduced. In addition, the regulatory procedures. This proposed change is in Adequate control of the content of the table requirements of 10 CFR 50.55a, ‘‘Codes and accordance with the guidance provided is assured by existing plant procedures. Standards, ’’ will still apply to the relocated The proposed relocation of Technical in Generic Letter 91-08, ‘‘Removal of Specification Table 3.6-1 does not alter Specifications. Therefore, operation of Point Component Lists from Technical Beach Nuclear Plant in accordance with the current technical specification requirements proposed amendments cannot create an Specifications,’’ dated May 6, 1991. In for containment isolation valve operability. increase in the probability or consequences addition, this request proposes that the The LCO and Surveillance Requirements of an accident previously evaluated. August 16, 1996, supplemental would be retained in the revised technical 2. Operation of Point Beach Nuclear Plant submittal that provided an additional specifications. Therefore, the proposed in accordance with the proposed footnote allowing an increased outage change will not affect the meaning, amendments will not create the possibility of time for certain component cooling application, and function of the current a new or different kind of accident from any water system valves be withdrawn. The technical specification requirements for the accident previously evaluated. determination that the additional valves in Table 3.6-1. The proposed amendments footnote is not required supersedes the The NRC staff has reviewed the administratively relocate Specifications to staff’s proposed no significant hazards licensee’s analysis and, based on this the FSAR and in one case result in a more review, it appears that the three conservative operating limit. Therefore, consideration determination evaluation operation of Point Beach Nuclear Plant in for the requested changes that was standards of 10 CFR 50.92(c) are accordance with the proposed amendments published on September 27, 1995 (60 FR satisfied. Therefore, the NRC staff cannot create a new or different kind of 49949). proposes to determine that the accident from any accident previously Basis for proposed no significant amendment request involves no evaluated. Hazards consideration determination: significant hazards consideration. Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19839

Local Public Document Room not affected by the proposed change. In Local Public Document Room locations: Emporia State University, addition, the proposed change will not result locations: Emporia State University, William Allen White Library, 1200 in any changes to the design or operation of William Allen White Library, 1200 Commercial Street, Emporia, Kansas any plant systems or components. Commercial Street, Emporia, Kansas 2. The proposed change does not create the 66801 and Washburn University School possibility of a new or different kind of 66801 and Washburn University School of Law Library, Topeka, Kansas 66621 accident from any accident previously of Law Library, Topeka, Kansas 66621 Attorney for licensee: Jay Silberg, Esq., evaluated. Attorney for licensee: Jay Silberg, Esq., Shaw, Pittman, Potts and Trowbridge, The proposed change decreases the Shaw, Pittman, Potts and Trowbridge, 2300 N Street, N.W., Washington, D.C. frequency of performing a visual inspection 2300 N Street, N.W., Washington, D.C. 20037 for loose debris in containment, but does not 20037 NRC Project Director: William H. result in a change to the design or operation NRC Project Director: William H. Bateman of any plant system or component. The Bateman purpose of the inspection is to ensure that Wolf Creek Nuclear Operating there is no loose debris, left in containment Wolf Creek Nuclear Operating Corporation, Docket No. 50-482, Wolf following a containment entry, that could Corporation, Docket No. 50-482, Wolf Creek Generating Station, Coffey potentially block the containment sump Creek Generating Station, Coffey County, Kansas screens during LOCA conditions. Delaying County, Kansas this inspection until the last containment Date of amendment request: March entry each day will not result in a significant Date of amendment request: March 18, 1997 amount of debris being left in containment, 18, 1997 Description of amendment request: based on housekeeping practices controlling Description of amendment request: This license amendment request revises the entry/removal of trash and material into/ This license amendment request revises Technical Specification Surveillance from containment; training of employees to Technical Specification Section 5.3.1, Requirement 4.5.2.c to clarify when a increase awareness of material control in Fuel Assemblies, to allow the use of an containment entry visual inspection is radiologically-controlled areas; and retaining alternate zirconium based fuel cladding required. This proposed change to the requirement to perform a visual material, ZIRLO. Wolf Creek Nuclear reduce the visual inspection inspection at least once per day when containment entries are made (during periods Operating Corporation (WCNOC) is requirement to at least once daily is in when containment integrity is established), planning to insert Westinghouse fuel accordance with the guidance provided thereby ensuring that trash and debris can be assemblies containing ZIRLO fuel rod in Generic Letter 93-05, ‘‘Line-Item identified and removed on a daily basis (on cladding during the ninth refueling Technical Specifications Improvements days containment entries are made). outage, which is currently scheduled to to Reduce Surveillance Requirements Based on the above, this proposed change begin in late September 1997. for Testing During Power Operation.’’ will not create the possibility of a new or Basis for proposed no significant Basis for proposed no significant different kind of accident from any Hazards consideration determination: Hazards consideration determination: previously evaluated. As required by 10 CFR 50.91(a), the As required by 10 CFR 50.91(a), the 3. The proposed change does not involve licensee has provided its analysis of the licensee has provided its analysis of the a significant reduction in a margin of safety. The purpose of performing a visual issue of no significant hazards issue of no significant hazards inspection of areas affected by a containment consideration, which is presented consideration, which is presented entry is to ensure any debris or trash below: below: generated by the activity during the 1. The proposed change does not involve 1. The proposed change does not involve containment entry is identified and removed a significant increase in the probability or a significant increase in the probability or from containment. This ensures that no trash consequences of an accident previously consequences of an accident previously or debris is left in containment that could be evaluated. evaluated. transported to and block the containment The methodologies used in the accident Implementing the proposed change could sump screens during LOCA conditions. analysis remain unchanged. The proposed potentially increase the chances of loose Based on current material control and changes do not change or alter the design debris (trash, rags, clothing, etc.) being left in housekeeping practices imposed on assumptions for the systems or components containment for some period of time greater containment entry/exit, and past inspection used to mitigate the consequences of an than would be allowed under current results, reducing the surveillance accident. Use of ZIRLO fuel cladding does surveillance requirements. However, the requirement to a once per day basis, on days not adversely affect fuel performance or proposed change also clarifies that the visual containment entries are made, would not impact nuclear design methodology. inspection must be performed at least once result in a significant amount of trash or Therefore accident analyses are not daily. Therefore, the period of time that debris being left in containment following impacted. debris could be left uncontrolled inside completion of the entry, and any such The operating limits will not be changed containment would still be less than 24 material would be identified and removed and the analysis methods to demonstrate hours. Based on work controls placed on prior to the end of the day. The amount of operation within the limits will remain in material entry/exit into containment and trash or debris that could be left in accordance with NRC approved personnel training on housekeeping controls containment for a 24 hour period would be methodologies. Other than the changes to the inside containment, and the results of past significantly less than the amount that would fuel assemblies, there are no physical surveillances, it is unlikely that a significant be required to cause sump screen blockage changes to the plant associated with this amount of debris would be left uncontrolled sufficient to affect sump performance. technical specification change. A safety inside containment for this period of time. Therefore, the proposed change will not analysis will continue to be performed for Also, based on containment sump design, result in a significant reduction in the margin each cycle to demonstrate compliance with relatively small amounts of debris would not of safety of any plant system or equipment. all fuel safety design basis. be sufficient to cause a significant amount of The NRC staff has reviewed the VANTAGE 5H with IFMs fuel assemblies blockage of the sump screens. licensee’s analysis and, based on this with ZIRLO clad fuel rods meet the same fuel The probability of occurrence of a review, it appears that the three assembly and fuel rod design bases as other previously evaluated accident is not VANTAGE 5H with IFMs fuel assemblies. In increased because the reduced frequency of standards of 10 CFR 50.92(c) are addition, the 10 CFR 50.46 criteria are the visual inspection does not cause a satisfied. Therefore, the NRC staff applied to the ZIRLO clad rods. The use of significant impact on the possibility of proposes to determine that the these fuel assemblies will not result in a containment sump screen blockage. amendment request involves no change to the reload design and safety Therefore containment sump operability is significant hazards consideration. analysis limits. The clad material is similar 19840 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices in chemical composition and has similar for each configuration to demonstrate Requirements.’’Date of publication of physical and mechanical properties as continued operation within the limits that individual notice in Federal Register: Zircaloy-4. Thus, the cladding integrity is assure acceptable plant response to accidents April 1, 1997 (62 FR 15542) maintained and the structural integrity of the and transients. These analyses will be Expiration date of individual notice: fuel assembly is not affected. ZIRLO cladding performed using NRC approved methods that improves corrosion performance and have been approved for application to the May 1, 1997 dimensional stability. No concerns have been fuel configuration. Local Public Document Room identified with respect to the use of an The NRC staff has reviewed the location: University of North Carolina at assembly containing a combination of licensee’s analysis and, based on this Wilmington, William Madison Randall Zircaloy-4 and ZIRLO clad fuel rods. Since review, it appears that the three Library, 601 S. College Road, the dose predictions in the safety analyses standards of 10 CFR 50.92(c) are Wilmington, North Carolina 28403-3297 are not sensitive to fuel rod cladding satisfied. Therefore, the NRC staff material, the radiological consequences of Southern Nuclear Operating Company, accidents previously evaluated in the safety proposes to determine that the Inc., Docket No. 50-348, Joseph M. analysis remain valid. amendment request involves no Farley Nuclear Plant, Unit No. 1, Therefore, the proposed changes do not significant hazards consideration. Houston County, Alabama involve a significant increase in the Local Public Document Room probability or consequences of an accident or locations: Emporia State University, Date of amendment request: March malfunction of equipment important to safety William Allen White Library, 1200 25, 1997 previously evaluated. Commercial Street, Emporia, Kansas Description of amendment request: 2. The proposed change does not create the 66801 and Washburn University School The proposed amendment would possibility of a new or different kind of of Law Library, Topeka, Kansas 66621 modify Technical Specification 3/4.4.9, accident from any accident previously Attorney for licensee: Jay Silberg, Esq., ‘‘Specific Activity,’’ and associated evaluated. Shaw, Pittman, Potts and Trowbridge, Bases to reduce the limit associated VANTAGE 5H with IFMs fuel assemblies 2300 N Street, N.W., Washington, D.C. with dose equivalent iodine-131. The with ZIRLO clad fuel rods satisfy the same steady-state dose equivalent iodine-131 design bases as those used for other 20037 VANTAGE 5H with IFMs fuel assemblies. All NRC Project Director: William H. limit would be reduced by 40 percent design and performance criteria continue to Bateman from .5 [micro]Curie/gram to .3 [micro]Curie/gram. be met and no new failure mechanisms have Previously Published Notices Of been identified. Since the original design Date of publication of individual criteria are met, the ZIRLO clad fuel rods will Consideration Of Issuance Of notice in Federal Register: April 4, 1997 not be an initiator for any new accident or Amendments To Facility Operating (62 FR 16201) malfunction of equipment important to Licenses, Proposed No Significant Expiration date of individual notice: safety. The ZIRLO cladding material offers Hazards Consideration Determination, May 5, 1997 improved corrosion resistance and structural And Opportunity For A Hearing Local Public Document Room integrity. The following notices were previously location: Appling County Public The proposed changes do not affect the design or operation of any system or published as separate individual Library, 301 City Hall Drive, Baxley, component in the plant. The safety functions notices. The notice content was the Georgia 31513 of the related structures, systems or same as above. They were published as Notice Of Issuance Of Amendments To components are not changed in any manner, individual notices either because time Facility Operating Licenses nor is the reliability of any structure, system did not allow the Commission to wait or component reduced. The changes do not for this biweekly notice or because the During the period since publication of affect the manner by which the facility is action involved exigent circumstances. the last biweekly notice, the operated and do not change any facility They are repeated here because the Commission has issued the following design feature, structure or system. No new biweekly notice lists all amendments amendments. The Commission has or different type of equipment will be issued or proposed to be issued determined for each of these installed. Since there is no change to the amendments that the application facility or operating procedures, and the involving no significant hazards safety functions and reliability of structures, consideration. complies with the standards and systems and components are not affected, the For details, see the individual notice requirements of the Atomic Energy Act proposed changes do not create the in the Federal Register on the day and of 1954, as amended (the Act), and the possibility of a new or different kind of page cited. This notice does not extend Commission’s rules and regulations. accident or malfunction of equipment the notice period of the original notice. The Commission has made appropriate important to safety from any accident or findings as required by the Act and the malfunction of equipment important to safety Carolina Power & Light Company, et Commission’s rules and regulations in previously evaluated. al., Docket Nos. 50-325 and 50-324, 10 CFR Chapter I, which are set forth in 3. The proposed change does not involve Brunswick Steam Electric Plant, Units the license amendment. a significant reduction in a margin of safety. 1 and 2, Brunswick County, North Notice of Consideration of Issuance of Use of ZIRLO cladding material does not Carolina change the VANTAGE 5H with IFMs reload Amendment to Facility Operating design and safety limits. The use of these fuel Date of amendments request: March License, Proposed No Significant assemblies will take into consideration the 27, 1997 Hazards Consideration Determination, normal core operating conditions allowed in Description of amendments request: and Opportunity for A Hearing in the Technical Specifications. For each cycle The proposed amendments would connection with these actions was reload core, the fuel assemblies will be revise the Technical Specifications for published in the Federal Register as evaluated using NRC approved reload design the Brunswick Steam Electric Plant indicated. methods, including consideration of the core Units 1 and 2 to eliminate certain Unless otherwise indicated, the physics analysis peaking factors and core instrumentation response time testing Commission has determined that these average linear heat rate effects. The use of Zircaloy-4, ZIRLO or stainless requirements in accordance with NRC- amendments satisfy the criteria for steel filler rods in fuel assemblies will not approved BWR Owners Group Topical categorical exclusion in accordance involve a significant reduction in the margin Report NEDO-32291-A, ‘‘System with 10 CFR 51.22. Therefore, pursuant of safety because analyses using NRC Analysis for the Elimination of Selected to 10 CFR 51.22(b), no environmental approved methodologies will be performed Response Time Testing impact statement or environmental Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19841 assessment need be prepared for these Brief description of amendment: The 100 Martine Avenue, White Plains, New amendments. If the Commission has amendment revises Technical York 10610 prepared an environmental assessment Specification Sections 3.3 and 6.9.1.9; Consumers Power Company, Docket under the special circumstances and the basis of Section 3.3, 3.6 and No. 50-155, Big Rock Point Plant, provision in 10 CFR 51.12(b) and has 3.10. The changes incorporate the best Charlevoix County, Michigan made a determination based on that estimate approach into the licensing assessment, it is so indicated. basis for the Indian Point Unit No. 2 Date of application for amendment: For further details with respect to the loss-of-coolant accident analysis. November 7, 1996 action see (1) the applications for Date of issuance: March 31, 1997 Brief description of amendment: The amendment, (2) the amendment, and (3) Effective date: As of the date of amendment revised Technical the Commission’s related letter, Safety issuance to be implemented within 30 Specification 4.2.9, Service and Evaluation and/or Environmental days. Instrument Air System, to add an Assessment as indicated. All of these Amendment No.: 188 additional air compressor. items are available for public inspection Facility Operating License No. DPR- Date of issuance: April 2, 1997 at the Commission’s Public Document 26: Amendment revised the Technical Effective date: Effective the date of Room, the Gelman Building, 2120 L Specifications. issuance. Street, NW., Washington, DC, and at the Date of initial notice in Federal Amendment No.: 118 Facility Operating License No. DPR-6: local public document rooms for the Register: January 29, 1997 (62 FR 4344) Amendment revised the Technical particular facilities involved. The September 13, 1996, supplemental Specifications. letter did not change the initial Commonwealth Edison Company, Date of initial notice in Federal proposed no significant hazards Docket Nos. 50-237 and 50-249, Register: December 18, 1996 (61 FR consideration.The Commission’s related Dresden Nuclear Power Station, Units 2 66706) The Commission’s related evaluation of the amendment is and 3, Grundy County, Illinois evaluation of the amendment is contained in a Safety Evaluation dated contained in a Safety Evaluation dated Date of application for amendments: March 31, 1997.No significant hazards April 2, 1997.No significant hazards February 19, 1997, as supplemented consideration comments received: No April 3, 1997. consideration comments received: No. Local Public Document Room Local Public Document Room Brief description of amendments: The location: White Plains Public Library, amendments would delete the 24/48 location: North Central Michigan 100 Martine Avenue, White Plains, New College, 1515 Howard Street, Petoskey, Volt direct current (Vdc), batteries, York 10610 battery chargers and distribution Michigan 49770 systems from the Technical Consolidated Edison Company of New Duke Power Company, et al., Docket Specifications (TSs) for Unit 3, by York, Docket No. 50-247, Indian Nos. 50-413 and 50-414, Catawba adding a footnote to indicate that these PointNuclear Generating Unit No. 2, Nuclear Station, Units 1 and 2, York TSs are only applicable to Unit 2. All Westchester County, New York County, South Carolina safety-related loads associated with the Date of application for amendment: 24/48 Vdc batteries for Unit 3 will be Date of application for amendments: February 14, 1997, as supplemented January 3, 1997, as supplemented by relocated to other safety-related battery March 12, 1997. systems which are in the TSs. letter dated March 20, 1997 Brief description of amendment: The Brief description of amendments: The Date of issuance: April 10, 1997 amendment revises Technical Effective date: Immediately, to be amendments revise Technical Specification Section 4.13-2 to allow a implemented within 30 days. Specification Tables 3.3-2, 3.3-4, 3.3-5, one-time extension of the interval for Amendment Nos.: 156 and 151 4.3-2 and Bases Sections 3/4.3.1 and 3/ Facility Operating License Nos. DPR- steam generator tube inspection. 4.3.2 to eliminate the safety injection 19 and DPR-25: The amendments Specifically, the date for signal on low steam line pressure. revised the Technical Specifications. commencement of the steam generator Date of issuance: April 3, 1997 Date of initial notice in Federal tube inspection is extended from April Effective date: For Unit 1, as of the Register: March 5, 1997 (62 FR 10088). 14, 1997 to May 2, 1997. date of issuance to be implemented The April 3, 1997, submittal provided Date of issuance: April 9, 1997 before startup from the next refueling additional clarifying information that Effective date: As of the date of outage; For Unit 2, as of the date of did not change the initial proposed no issuance to be implemented by April 14, issuance to be implemented before significant hazards consideration 1997. startup from the current refueling outage determination. The Commission’s Amendment No.: 189 Amendment Nos.: 158 and 150 related evaluation of the amendments is Facility Operating License No. DPR- Facility Operating License Nos. NPF- contained in a Safety Evaluation dated 26: Amendment revised the Technical 35 and NPF-52: Amendments revised April 10, 1997. No significant hazards Specifications. the Technical Specifications. consideration comments received: No Date of initial notice in Federal Date of initial notice in Federal Local Public Document Room Register: March 4, 1997 (62 FR 9816) Register: January 29, 1997 (62 FR 4345) location: Morris Area Public Library The March 12, 1997, supplemental letter The March 20, 1997, letter provided District, 604 Liberty Street, Morris, provided clarifying information that did clarifying information that did not Illinois 60450 not change the initial proposed no change the scope of the original January significant hazards consideration. The 3, 1997, application and the initial Consolidated Edison Company of New Commission’s related evaluation of the proposed no significant hazards York, Docket No. 50-247, Indian amendment is contained in a Safety consideration determination. PointNuclear Generating Unit No. 2, Evaluation dated April 9, 1997.No The Commission’s related evaluation Westchester County, New York significant hazards consideration of the amendments is contained in a Date of application for amendment: comments received: No Safety Evaluation dated April 3, August 14, 1996, as supplemented Local Public Document Room 1997.No significant hazards September 13, 1996 location: White Plains Public Library, consideration comments received: No 19842 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Local Public Document Room Local Public Document Room Northeast Nuclear Energy Company, et location: York County Library, 138 East location: University of New Orleans al., Docket No. 50-423, Millstone Black Street, Rock Hill, South Carolina Library, Louisiana Collection, Lakefront, Nuclear Power Station, Unit No. 3, New 29730 New Orleans, LA 70122 London County, Connecticut Duke Power Company, Docket Nos. 50- Entergy Operations, Inc., Docket No. Date of applications for amendment: 269, 50-270 and 50-287, Oconee 50-382, Waterford Steam Electric June 20, 1995, as supplemented August Nuclear Station, Units 1, 2, and 3, Station, Unit 3, St. Charles Parish, 30, 1995, and January 17, 1996 Oconee County, South Carolina Louisiana Brief description of amendment: The amendment relocates the applicable Date of application for amendments: Date of amendment request: requirements of Technical Specification February 5, 1997 December 2, 1996 as supplemented by (TS) 3.6.3 for the main steam line Brief description of amendments: The letter dated February 4 and March 14, isolation valves (MSIVs) to TS 3.7.1.5, amendments reflect replacement of the 1997 ‘‘Main Steam Line Isolation Valves.’’ In existing source and intermediate range Brief description of amendment: The addition, the Applicability section of TS nuclear instrumentation with a new amendment changes the Technical 3.7.1.5 is revised to indicate that source range and wide range nuclear Specifications to reflect the approval for Specification 3.7.1.5 is applicable in instrumentation system that provides the licensee to use of the new Mode 1 and in Modes 2, 3, and 4, except more channels and continuous coverage Containment Leakage Rate Testing where all MSIVs are closed and from the Source Range to above the Program as required by 10 CFR Part 50 deactivated (i.e., in Modes 2, 3, and 4, Power Range. Appendix J, Option B for Waterford TS 3.7.1.5 is applicable only if the Date of issuance: March 31, 1997 Steam Electric Station, Unit 3. Effective date: As of the date of MSIVs are open). Also, the Action Date of issuance: April 10, 1997 Statement for the Limiting Condition for issuance to be implemented within 30 Effective date: April 10, 1997 days. Operation 3.7.1.5 has been revised using Amendment No.: 124 the guidance of the Improved Standard Amendment Nos.: 223, 223, 220 Facility Operating License No. NPF- Facility Operating License Nos. DPR- Technical Specifications for 38: Amendment revised the Technical Westinghouse plants (NUREG-1431). 38, DPR-47, and DPR-55: The Specifications. amendments revised the Technical The amendment also deletes a license Date of initial notice in Federal requirement to submit responses to and Specifications. Register: January 15, 1997 (62 FR 2189) Date of initial notice in Federal to implement requirements of Generic The Commission’s related evaluation of Register: February 26, 1997 (62 FR Letter 83-28, because the requirement the amendment is contained in a Safety 8796) The Commission’s related has been completed. Generic Letter 83- Evaluation dated April 10, 1997.No evaluation of the amendments is 28 pertains to the Salem anticipated significant hazards consideration contained in a Safety Evaluation dated transient without scram event. In comments received: No. March 31, 1997.No significant hazards addition, the amendment incorporates Local Public Document Room consideration comments received: TS Bases submitted by Northeast location: University of New Orleans Local Public Document Room Nuclear Energy Company by letters Library, Louisiana Collection, Lakefront, location: Oconee County Library, 501 dated June 20, 1995, February 5, 1996, New Orleans, LA 70122 West South Broad Street, Walhalla, and March 21 and 26, 1997. Since all South Carolina 29691 Florida Power and Light Company, et four Bases changes affect Section B 3/ al., Docket No. 50-335, St. Lucie Plant, 4.7 of the TS, the NRC staff is using Entergy Operations, Inc., Docket No. Unit No. 1, St. Lucie County, Florida them in a group to avoid errors in 50-382, Waterford Steam Electric revising the TS. Station, Unit 3, St. Charles Parish, Date of application for amendment: Date of issuance: April 10, 1997 Louisiana December 9, 1996 Effective date: As of the date of Date of amendment request: October Brief description of amendment: This issuance, to be implemented within 60 16, 1996 amendment modifies technical days. Brief description of amendment: The specifications for selected cycle-specific Amendment No.: 136 amendment changes the Appendix A reactor physics parameters to refer to Facility Operating License No. NPF- Technical Specifications by revising the St. Lucie Unit 1 Core Operating 49: Amendment revised the Technical Table 4.3-1 to expand the applicability Limits Report for limiting values. Specifications and License Condition. for Core Protection Calculator (CPC) Date of issuance: April 1, 1997 Date of initial notice in Federal operability and to allow the use of a Date of issuance: April 1, 1997 Register: August 2, 1995 (61 FR 39445) cycle independent shape annealing Effective date: April 1, 1997 and February 28, 1996 (61 FR 7555)The matrix in the CPCs. Amendment No.: 150 August 30, 1995, letter provided Date of issuance: April 11, 1997 Facility Operating License No. NPF- clarifying information that did not Effective date: April 11, 1997, to be 16: Amendment revised the Technical change the scope of the June 20, 1995, implemented within 60 days Specifications. application and the initial proposed no Amendment No.: 125 Date of initial notice in Federal significant hazards consideration Facility Operating License No. NPF- Register: January 15, 1997 (62 FR 2189) determination. 38: Amendment revised the Technical The Commission’s related evaluation of The Commission’s related evaluation Specifications. the amendment is contained in a Safety of the amendment is contained in a Date of initial notice in Federal Evaluation dated April 1, 1997. No Safety Evaluation dated April 10, Register: February 12, 1997 (62 FR significant hazards consideration 1997.No significant hazards 6575) The Commission’s related comments received: No. consideration comments received: No. evaluation of the amendment is Local Public Document Room Local Public Document Room contained in a Safety Evaluation dated location: Indian River Junior College location: Learning Resources Center, April 11, 1997No significant hazards Library, 3209 Virginia Avenue, Fort Three Rivers Community-Technical consideration comments received: No. Pierce, Florida 34954-9003 College, 574 New London Turnpike, Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19843

Norwich, Connecticut and the Facility Operating License Nos. NPF- Southern Nuclear Operating Company, Waterford Library, ATTN: Vince 14 and NPF-22: The amendments Inc., Georgia Power Company, Juliano, 49 Rope Ferry Road, Waterford, revised the Technical Specifications. Oglethorpe Power Corporation, Connecticut 06385 Date of initial notice in Federal Municipal Electric Authority of Register: January 15, 1997 (61 FR 2191) Georgia, City of Dalton, Georgia, Docket Northeast Nuclear Energy Company, et The Commission’s related evaluation of Nos. 50-321 and 50-366, Edwin I. Hatch al., Docket Nos. 50-245, 50-336, and 50- the amendments is contained in a Safety Nuclear Plant, Units 1 and 2, Appling 423, Millstone Nuclear Power Station, Evaluation dated April 7, 1997. No County, Georgia Unit Nos. 1, 2, and 3, New London, significant hazards consideration Date of application for amendments: Connecticut comments received: No September 19, 1996, as supplemented Date of application for amendments: Local Public Document Room December 17, 1996, January 23 and 31, February 3, 1997 location: Osterhout Free Library, March 21 and April 4, 1997 Brief description of amendments: The Reference Department, 71 South Brief description of amendments: The amendments revise Section 6, Franklin Street, Wilkes-Barre, PA 18701 ‘‘Administrative Controls,’’ of the amendments revise the surveillance Millstone Unit Nos. 1, 2, and 3 Pennsylvania Power and Light requirements addressing the reactor Technical Specifications to reflect Company, Docket No. 50-388, vessel pressure and temperature limits. organizational changes that have been Susquehanna Steam Electric Station, Date of issuance: April 4, 1997 implemented in the Nuclear Division. Unit 2, Luzerne County, Pennsylvania Effective date: As of the date of Date of issuance: April 10, 1997 Date of application for amendment: issuance to be implemented within 30 Effective date: As of the date of March 17, 1997 days. issuance to be implemented within 60 Brief description of amendment: The Amendment Nos.: 206 and 147 days. amendment modifies the Design Facility Operating Amendment Nos.: 99, 206, and 135 Features Section 5.3.1 of the Technical Local Public- Document -Room Facility Operating License Nos. DPR- Specifications to reflect the Atrium-10 locations: ments revised the Technical 21, DPR-65, and NPF-49: Amendments design and would include a Siemens Specifications. revised the Technical Specifications. Power Corporation topical report in Date of initial notice in Federal Date of initial notice in Federal Section 6.9.3.2 to reflect mechanical Register: January 2, 1997 (62 FR 128) Register: February 26, 1997 (62 FR design criteria for this fuel. This change The December 17, 1996, January 23 and 8800) The Commission’s related would allow this fuel to be loaded into 31, March 21, 1997, and April 4, 1997, evaluation of the amendments is the core only under Operational letters provided clarifying information contained in a Safety Evaluation dated Condition 5 (refueling) and does not that did not change the initial proposed April 10, 1997.No significant hazards permit startup or power operation using no significant hazards consideration consideration comments received: No the Atrium-10 fuel. determination. Local Public Document Room Date of issuance: April 9, 1997 The Commission’s related evaluation location: Learning Resources Center, Effective date: As of date of issuance of the amendments is contained in a Three Rivers Community-Technical to be implemented within 30 days. Safety Evaluation dated April 4, College, 574 New London Turnpike, Amendment No.: 136 1997.No significant hazards Norwich, Connecticut 06360, and the Facility Operating License No. NPF- consideration comments received: No Waterford Library, ATTN: Vince 22: This amendment revised the Local Public Document Room Juliano, 49 Rope Ferry Road, Waterford, Technical Specifications. Public location: Appling County Public Connecticut 06385 comments requested as to proposed no Library, 301 City Hall Drive, Baxley, significant hazards consideration: Yes Georgia 31513 Pennsylvania Power and Light (62 FR 14167) March 25, 1997. That Tennessee Valley Authority, Docket Company, Docket Nos. 50-387 and 50- notice provided an opportunity to Nos. 50-327 and 50-328, Sequoyah 388 Susquehanna Steam Electric submit comments on the Commission’s Nuclear Plant, Units 1 and 2, Hamilton Station, Units 1 and 2, Luzerne County, proposed no significant hazards County, Tennessee Pennsylvania consideration determination. No Date of application for amendments: comments have been received. The Date of application for amendments: November 18, 1996 notice also provided for an opportunity October 18, 1996 as supplemented Brief description of amendments: to request a hearing by April 24, 1997, March 12, March 17, April 4, and April These amendments change the but indicated that if the Commission 9, 1997 (TS 96-05) Technical Specifications for makes a final no significant hazards Brief description of amendments: The Susquehanna Steam Electric Station consideration determination any such amendments change the Technical (SSES), Units 1 and 2 by increasing the hearing would take place after issuance Specifications (TS) by revising TS 3/ maximum isolation times for reactor of the amendment. The Commission’s 4.4.5 and 3.4.6.2 and associated Bases to core isolation cooling inboard warm-up related evaluation of the amendment, permanently incorporate requirements line isolation valves from 3 seconds to finding of exigent circumstances, and for steam generator tube inspections and 12 seconds, high pressure core injection final determination of no significant repair in the Sequoyah Nuclear Plant, inboard warm-up line siolation valves hazards consideration are contained in Units 1 and 2 TS. from 3 seconds to 6 seconds and reactor a Safety Evaluation dated April 9, 1997. Date of issuance: April 9, 1997 recirculation process sample line Attorney for licensee: Jay Silbert, Effective date: As of the date of isolation valves from 2 seconds to 9 Esquire, Shaw, Pittman, Potts and issuance to be implemented no later seconds. Trowbridge, 2300 N Street NW., than 45 days of its issuance. Date of issuance: April 7, 1997 Washington DC 20037. Amendment Nos.: 222 and 213 Effective date: Both units, as of date Local Public Document Room Facility Operating License Nos. DPR- of issuance, to be implemented within location: Osterhout Free Library, 77 and DPR-79: Amendments revise the 30 days. Reference Department, 71 South technical specifications and license Amendment Nos.: 164 and 135 Franklin Street, Wilkes-Barre, PA 18701 conditions. 19844 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Date of initial notice in Federal appropriate and the licensee has been The Commission is also offering an Register: February 11, 1997 (62 FR informed of the public comments. opportunity for a hearing with respect to 6276) The March 12, March 17, April 4, In circumstances where failure to act the issuance of the amendment. By May and April 9, 1997, letters provided in a timely way would have resulted, for 23, 1997, the licensee may file a request clarifying information that did not example, in derating or shutdown of a for a hearing with respect to issuance of change the scope of the October 18, nuclear power plant or in prevention of the amendment to the subject facility 1996, application and the initial either resumption of operation or of operating license and any person whose proposed no significant hazards increase in power output up to the interest may be affected by this consideration determination.The plant’s licensed power level, the proceeding and who wishes to Commission’s related evaluation of the Commission may not have had an participate as a party in the proceeding amendment is contained in a Safety opportunity to provide for public must file a written request for a hearing Evaluation dated April 9, 1997.No comment on its no significant hazards and a petition for leave to intervene. significant hazards consideration consideration determination. In such Requests for a hearing and a petition for comments received: None case, the license amendment has been leave to intervene shall be filed in Local Public Document Room issued without opportunity for accordance with the Commission’s location: Chattanooga-Hamilton County comment. If there has been some time ‘‘Rules of Practice for Domestic Library, 1101 Broad Street, Chattanooga, for public comment but less than 30 Licensing Proceedings’’ in 10 CFR Part Tennessee 37402 days, the Commission may provide an 2. Interested persons should consult a opportunity for public comment. If Notice Of Issuance Of Amendments To current copy of 10 CFR 2.714 which is comments have been requested, it is so Facility Operating Licenses And Final available at the Commission’s Public stated. In either event, the State has Determination Of No Significant Document Room, the Gelman Building, been consulted by telephone whenever Hazards Consideration And 2120 L Street, NW., Washington, DC and possible. Opportunity For A Hearing (Exigent at the local public document room for Under its regulations, the Commission the particular facility involved. If a Public Announcement Or Emergency may issue and make an amendment Circumstances) request for a hearing or petition for immediately effective, notwithstanding leave to intervene is filed by the above During the period since publication of the pendency before it of a request for date, the Commission or an Atomic the last biweekly notice, the a hearing from any person, in advance Safety and Licensing Board, designated Commission has issued the following of the holding and completion of any by the Commission or by the Chairman amendments. The Commission has required hearing, where it has of the Atomic Safety and Licensing determined for each of these determined that no significant hazards Board Panel, will rule on the request amendments that the application for the consideration is involved. and/or petition; and the Secretary or the amendment complies with the The Commission has applied the designated Atomic Safety and Licensing standards and requirements of the standards of 10 CFR 50.92 and has made Board will issue a notice of a hearing or Atomic Energy Act of 1954, as amended a final determination that the (the Act), and the Commission’s rules amendment involves no significant an appropriate order. required by 10 and regulations. The Commission has hazards consideration. The basis for this CFR 2.714, a petition for leave to made appropriate findings as required determination is contained in the intervene shall set forth with by the Act and the Commission’s rules documents related to this action. particularity the interest of the and regulations in 10 CFR Chapter I, Accordingly, the amendments have petitioner in the proceeding, and how which are set forth in the license been issued and made effective as that interest may be affected by the amendment. indicated. results of the proceeding. The petition Because of exigent or emergency Unless otherwise indicated, the should specifically explain the reasons circumstances associated with the date Commission has determined that these why intervention should be permitted the amendment was needed, there was amendments satisfy the criteria for with particular reference to the not time for the Commission to publish, categorical exclusion in accordance following factors: (1) the nature of the for public comment before issuance, its with 10 CFR 51.22. Therefore, pursuant petitioner’s right under the Act to be usual 30-day Notice of Consideration of to 10 CFR 51.22(b), no environmental made a party to the proceeding; (2) the Issuance of Amendment, Proposed No impact statement or environmental nature and extent of the petitioner’s Significant Hazards Consideration assessment need be prepared for these property, financial, or other interest in Determination, and Opportunity for a amendments. If the Commission has the proceeding; and (3) the possible Hearing. prepared an environmental assessment effect of any order which may be For exigent circumstances, the under the special circumstances entered in the proceeding on the Commission has either issued a Federal provision in 10 CFR 51.12(b) and has petitioner’s interest. The petition should Register notice providing opportunity made a determination based on that also identify the specific aspect(s) of the for public comment or has used local assessment, it is so indicated. subject matter of the proceeding as to media to provide notice to the public in For further details with respect to the which petitioner wishes to intervene. the area surrounding a licensee’s facility action see (1) the application for Any person who has filed a petition for of the licensee’s application and of the amendment, (2) the amendment to leave to intervene or who has been Commission’s proposed determination Facility Operating License, and (3) the admitted as a party may amend the of no significant hazards consideration. Commission’s related letter, Safety petition without requesting leave of the The Commission has provided a Evaluation and/or Environmental Board up to 15 days prior to the first reasonable opportunity for the public to Assessment, as indicated. All of these prehearing conference scheduled in the comment, using its best efforts to make items are available for public inspection proceeding, but such an amended available to the public means of at the Commission’s Public Document petition must satisfy the specificity communication for the public to Room, the Gelman Building, 2120 L requirements described above. respond quickly, and in the case of Street, NW., Washington, DC, and at the Not later than 15 days prior to the first telephone comments, the comments local public document room for the prehearing conference scheduled in the have been recorded or transcribed as particular facility involved. proceeding, a petitioner shall file a Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19845 supplement to the petition to intervene date and page number of this Federal SECURITIES AND EXCHANGE which must include a list of the Register notice. A copy of the petition COMMISSION contentions which are sought to be should also be sent to the Office of the litigated in the matter. Each contention General Counsel, U.S. Nuclear Issuer Delisting; Notice of Application must consist of a specific statement of Regulatory Commission, Washington, to Withdraw From Listing and the issue of law or fact to be raised or DC 20555-001, and to the attorney for Registration; (Donnelly Corporation, controverted. In addition, the petitioner the licensee. Class A Common Stock, $0.10 Par shall provide a brief explanation of the Value) File No. 1±9716 bases of the contention and a concise Nontimely filings of petitions for statement of the alleged facts or expert leave to intervene, amended petitions, April 17, 1997. opinion which support the contention supplemental petitions and/or requests Donnelly Corporation (‘‘Company’’) and on which the petitioner intends to for a hearing will not be entertained has filed an application with the rely in proving the contention at the absent a determination by the Securities and Exchange Commission hearing. The petitioner must also Commission, the presiding officer or the (‘‘Commission’’), pursuant to Section provide references to those specific Atomic Safety and Licensing Board that 12(d) of the Securities Exchange Act of sources and documents of which the the petition and/or request should be 1934 (‘‘Act’’) and Rule 12d2–2(d) petitioner is aware and on which the granted based upon a balancing of the promulgated thereunder, to withdraw petitioner intends to rely to establish factors specified in 10 CFR the above specified security (‘‘Security’’) those facts or expert opinion. Petitioner 2.714(a)(1)(i)-(v) and 2.714(d). from listing and registration on the must provide sufficient information to American Stock Exchange, Inc. show that a genuine dispute exists with Union Electric Company, Docket No. (‘‘Amex’’ or ‘‘Exchange’’). the applicant on a material issue of law 50-483, Callaway Plant, Unit 1, The reasons cited in the application or fact. Contentions shall be limited to Callaway County, Missouri for withdrawing the Security from matters within the scope of the listing and registration include the amendment under consideration. The Date of application for amendment: following: contention must be one which, if April 1, 1997 The Company has complied with Rule proven, would entitle the petitioner to Brief description of amendment: The 18 of the Amex by filing with such relief. A petitioner who fails to file such amendment revises Technical Exchange a certified copy of preambles a supplement which satisfies these Specification Table 3.3-3 to correct and resolutions adopted by the Company’s Board of Directors requirements with respect to at least one administrative errors associated with authorizing the withdrawal of its contention will not be permitted to the start logic of the turbine driven common stock from listing on the Amex participate as a party. auxiliary feedwater pump. Those permitted to intervene become and by setting forth in detail to such parties to the proceeding, subject to any Date of issuance: April 2, 1997 Exchange the reasons for such proposed limitations in the order granting leave to Effective date: April 2, 1997 withdrawal, and the facts in support thereof. The Company became listed for intervene, and have the opportunity to Amendment No.: 119 participate fully in the conduct of the trading on the New York Stock hearing, including the opportunity to Facility Operating License No. NPF- Exchange, Inc. (‘‘NYSE’’) pursuant to a present evidence and cross-examine 30: The amendment revised the Registration Statement on Form 8–A witnesses. Since the Commission has Technical Specifications.Public effective March 6, 1997. made a final determination that the comments requested as to proposed no In making the decision to withdraw amendment involves no significant significant hazards consideration: its common stock from listing on the hazards consideration, if a hearing is No.The Commission’s related evaluation Amex, the Company considered: (a) that requested, it will not stay the of the amendment, finding of emergency the Company believes that the NYSE effectiveness of the amendment. Any circumstances, and final determination will offer the Company’s shareholders hearing held would take place while the of no significant hazards consideration more liquidity over time than is amendment is in effect. are contained in a Safety Evaluation presently available on the Amex; (b) that A request for a hearing or a petition dated April 2, 1997. the Company believes that listing on the for leave to intervene must be filed with NYSE will offer greater visibility for the Attorney for licensee: Gerald Charnoff, the Secretary of the Commission, U.S. Company and its stock potential for Nuclear Regulatory Commission, Esq., Shaw, Pittman, Potts & greater institutional ownership; (c) that Washington, DC 20555-001, Attention: Trowbridge, 2300 N Street, NW., as the Company becomes an Docketing and Services Branch, or may Washington, DC 200379 increasingly international company, it be delivered to the Commission’s Public Local Public Document Room believes there will be advantages to Document Room, the Gelman Building, location: Callaway County Public having its stock listed on the NYSE, and 2120 L Street, NW., Washington, DC, by Library, 710 Court Street, Fulton, (d) many of the companies which it the above date. Where petitions are filed Missouri 65251. regards as peers or leaders in its during the last 10 days of the notice industry are listed on the NYSE. NRC Project Director: William H. period, it is requested that the petitioner Any interested person may, on or promptly so inform the Commission by Bateman before May 8, 1997, submit by letter to a toll-free telephone call to Western Dated at Rockville, Maryland, this 16th day the Secretary of the Securities and Union at 1-(800) 248-5100 (in Missouri of April, 1997. Exchange Commission, 450 Fifth Street, For the Nuclear Regulatory Commission 1-(800) 342-6700). The Western Union NW., Washington, DC 20549, facts operator should be given Datagram Jack W. Roe, bearing upon whether the application Identification Number N1023 and the Director ,Division of Reactor Projects III/IV, has been made in accordance with the following message addressed to (Project Office of Nuclear Reactor Regulation rules of the exchanges and what terms, Director): petitioner’s name and [Doc. 97–10334 Filed 4–22–97; 8:45 am] if any, should be imposed by the telephone number, date petition was BILLING CODE 7590±01±F Commission for the protection of mailed, plant name, and publication investors. The Commission, based on 19846 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices the information submitted to it, will Stock Exchange, Inc. (‘‘PSE’’), and the (ii) Selection of System Securities. issue an order granting the application Philadelphia Stock Exchange, Inc. The System is designed to accommodate after the date mentioned above, unless (‘‘PHLX’’). trading in any Eligible Security in the the Commission determines to order a case of Exchange Participants and, in I. Description of the Amendment hearing on the matter. the case of any ITS/CAES Market Maker, The purpose of the amendment is to For the Commission, by the Division of trading in the one or more ITS/CAES Market Regulation, pursuant to delegated trigger the use of the Pre-Opening securities in which he is registered as authority. whenever an ‘‘indication of interest’’ such with the NASD for the purposes of Jonathan G. Katz, (i.e., an opening price range) is sent to the Applications. The particular the Consolidated Tape System (‘‘CTS’’) Secretary. securities that may be traded through prior to the opening or reopening of [FR Doc. 97–10436 Filed 4–22–97; 8:45 am] the System at any time (‘‘System trading in a System security, to delete securities’’) shall be selected by the BILLING CODE 8010±01±M text that, by its terms, is no longer Operating Committee. The Operating applicable, and to make technical Committee may add or delete System SECURITIES AND EXCHANGE revisions to update the rules. The securities as it deems appropriate and COMMISSION amended language is as follows. may delay the commencement of To cause Section 1(4) to read as trading in any Eligible Security if [Release No. 34±38520; File No. 4±208] follows: capacity or other operational (4) (‘‘CAES’’) means the ‘‘Computer considerations shall require such delay. Intermarket Trading System; Notice of Assisted Execution System’’, the ITS/CAES securities may be traded by Filing of Proposed Twelfth Amendment computerized order routing and Exchange Participants and ITS/CAES to the ITS Plan Relating To Amending execution facility, as from time to time Market Makers as provided in the ITS the Pre-Opening Application, Deleting modified or supplemented, that is Plan and other System securities may be Text That Is No Longer Applicable, and operated by The Nasdaq Stock Market, traded by Exchange Participants as To Make Technical Amendments Inc. (‘‘Nasdaq’’), a wholly-owned provided in the ITS Plan. April 17, 1997. subsidiary of the NASD, and that is To cause the first paragraph of Pursuant to Rule 11Aa3–2 under the supervised and surveilled by the NASD Section 6(a)(i)(B) to read in full as Securities Exchange Act of 1934 and made available to NASD members follows: (‘‘Act’’), notice is hereby given that on by Nasdaq. CAES is not part of the (B) Furnishing of Quotations. As to January 31, 1997, the Intermarket System. each System security that is traded on To cause Section 1(5) to read in full Trading System (‘‘ITS’’) submitted to the its floor or otherwise in its Exchange as follows: Securities and Exchange Commission Market, each Exchange Participant shall (5) ‘‘CAES Supervisory Center’’ means (‘‘Commission’’) an amendment furnish, or cause to be furnished, to the premises of Nasdaq at which is (‘‘Twelfth Amendment’’) to the restated each ‘‘receiving Participant Market’’ as located the ITS supervisory station that ITS Plan.1 The purpose of the defined below, or to a person acting monitors the ITS/CAES Third Market as amendment is to amend the Pre- therefor, the current bid-asked quotation described in section 5(a)(i). Opening Application, to delete text that, To cause Section 1(11) to read in full emanating from its trading floor or by its terms, is no longer applicable, and as follows: otherwise from its Exchange Market. to make several technical amendments (11) ‘‘Exchange (Participant’s) The NASD, as to each ITS/CAES to the Plan. The Commission is Market’’ means the floor(s) of an security, agrees to collect, or cause to be publishing this notice to solicit Exchange Participant, except that, in the collected, from each ITS/CAES Market comments on the amendment from case of the CSE, ‘‘Exchange Maker registered as such with the NASD interested persons. (Participant’s) Market’’ means in for the purposes of the Applications The ITS is a communications and addition to the premises on which each current bid price and each current order routing network linking eight NSTS terminals are located, NSTS and offer price as made by such ITS/CAES national securities exchanges and the ITS stations located in the NSTS Market Maker, each such bid and offer electronic over-the-counter (‘‘OTC’’) Supervisory Center. to be accompanied by size. For each market operated by the National To cause Section 1(17) to read in full ITS/CAES security, the NASD or its Association of Securities Dealers, Inc. as follows: agent (1) shall select the best bid price (‘‘NASD’’). The ITS was designed to (17) ‘‘ITS/CAES security (stock)’’ and the best offer price from the bid facilitate intermarket trading in means a security (stock) (a) that is a prices and offer prices so collected and exchange-listed equity securities based System security, (b) that is a 19c–3 (2) shall furnish, or cause to be on current quotation information security and (c) as to which one or more furnished, to each Receiving Participant, emanating from the linked markets. ITS/CAES Market Makers are registered or to a person acting therefor, such best Participants to the ITS Plan include as such with the NASD for the purposes bid price and best offer price, together the American Stock Exchange, Inc. of the Applications. When used with with the sum of the sizes accompanying (‘‘Amex’’), the Boston Stock Exchange, reference to a particular ITS/CAES the bids and offers at the best bid price Inc. (‘‘BSE’’), the Chicago Board Options Market Maker, ‘‘ITS/CAES security’’ and best offer price (the ‘‘ITS/CAES Exchange, Inc. (‘‘CBOE’’), the Chicago means any such security (stock) as to BBO’’). As to any System security, a Stock Exchange, Inc. (‘‘CHX’’), the which the particular ITS/CAES Market Participant Market is a ‘‘receiving Cincinnati Stock Exchange, Inc. Maker is so registered. Participant Market’’ if (1) it is an (‘‘CSE’’), the NASD, the New York Stock To delete Section 1(24): Exchange Market in which the security Exchange, Inc. (‘‘NYSE’’), the Pacific (24) ‘‘NASD Pilot Phase.’’ [Deleted] is traded or (2) it is the ITS/CAES Third To delete Section 1(27A): Market and the security is an ITS/CAES 1 The ITS is a National Market System (‘‘NMS’’) (27A) ‘‘NSTS/ITS Automated Linkage security in which one or more ITS/ plan approved by the Commission pursuant to Section 11A of the Act and Rule 11Aa3–2. Commencement Date.’’ [Deleted] CAES Market Makers are registered as Securities Exchange Act Release No. 19456 (January To cause Section 5(b)(ii) to read in such with the NASD for the purposes of 27, 1983), 48 FR 4938. full as follows: the Applications. Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19847

To cause the second paragraph of by the sender of the commitment. ITS manager. Each NSTS terminal located Section 6(a)(ii) to read in full as follows: provides two time period options, otherwise than on the CSE floor or in If a trade involves the CSE, the known as ‘‘T–1’’ (one minute) and ‘‘T– the NSTS Supervisory Center shall be commitment to trade or a response 2’’ (two minutes). The sender of the accessible only to and under the control thereto destined for or originating from commitment may designate which of of the NSTS User on whose premises the CSE will leave and enter the System the two options is to apply. The the station is located and to his through the NSTS Switch. In the Operating Committee may from time to employees. The CSE shall assure that foregoing example, a trade involving the time change the length of the time only Designated Dealers to whom a CSE would occur as follows. Assume period of either or both options. security is assigned receive pre-opening that the stock in question is also one of To cause the first paragraph of notifications in the security. Section 6(b)(v) to read in full as follows: the stocks traded in the CSE’s Exchange (iii) NASD. Each ITS/CAES station Market. Assume also that the (v) Response Validation; Partial Executions. Each response to a shall be accessible only to the ITS/CAES continuously updated quotation display Market Maker on whose premises the at the appropriate NYSE trading post commitment to trade must also be validated by the System when entered. station is located and to his employees. shows that the best offer from other The ITS station located at the CAES 1 The CID must compare with that of the Participant Markets is one of 40 ⁄8 on Supervisory Center, and components of the CSE, rather than on the PSE. Having original commitment. The response, if an execution, must represent the contra CAES and of any other NASD-sponsored learned this information, the NYSE facility linked to the System other than member may decide to attempt to buy side of the original commitment. The response must (A) identify as the contra those located on the premises of ITS/ the 100 shares for his customer from the CAES Market Makers, shall be 401⁄8 offer on the CSE. By using an ITS side one or more clearing members, (B) indicate that all of the one or more accessible only to employees of the station located on the NYSE trading NASD or its subsidiaries. floor, the broker would send, or cause clearing members (or the rest of the to be sent, to NSTS a commitment to clearing members, if one or more, but To cause the first paragraph of buy 100 shares of the stock at 401⁄8. not all, clearing members are identified Section 8(b) to read in full as follows: To cause Section 6(b)(i) to read in full in the response) will be identified to the (b) Participant Trading Rules. The as follows: System through a subsequent ‘‘names trading rules applicable in destination (b) Technical Matters. (i) Commitment later’’ message. If an execution is Participant Markets shall apply to Information, Expiration. A commitment reported, the size executed must be commitments to trade received in such to trade shall, at a minimum: equal to or smaller than the committed market and executions of commitments (A) include the number or symbol which size. The execution price must equal or therein. For example, if a commitment identifies both (1) one clearing member if better the committed price. The to sell marked ‘‘short’’ is received in the originating in an Exchange Market or, if validation process also assures that the NYSE, the commitment can result in an originating with an ITS/CAES Market Maker, commitment associated with the execution only in accordance with the the ITS/CAES Market Maker or the broker- response has not been previously short sale rule as in effect on the NYSE. dealer through whom he clears System trades executed and has not expired through A commitment to sell marked ‘‘short’’ and (2) the clearing corporation through passage of time. and sent to the BSE can result in an which the trade shall be settled, To cause the second paragraph of (B) direct the commitment to a particular execution only in accordance with the Section 7(a) to read in full as follows: short sale rule as in effect on the BSE. Participant Market, The Pre-Opening Application applies (C) specify the security which is the subject in two instances. First, it applies To cause Section 8(e)(iv)(A)(3) to read of the commitment, in full as follows: (D) designate the commitment as either a whenever a market maker in any commitment to buy or a commitment to sell, Participant Market, in arranging an (3) The calculation components are: (E) specify the amount of the security to be opening transaction in his market in a A =‘‘NSTS/ITS-Outgoing Agency Interest’’; bought or sold, which amount shall be for System stock, anticipates that the i.e., the number of shares entered in NSTS by one unit of trading or any multiple thereof, opening transaction will be at a price (F) specify (1) a price equal to the offer or NSTS Users during the calculation quarter that represents a change from the stock’s that are reformatted by NSTS as bid price then being furnished by the ‘‘previous day’s consolidated closing destination Participant Market, which price commitments to trade and routed through the shall represent the price at or below which price’’ of more than the ‘‘applicable NSTS/ITS automated linkage to and executed the security is to be bought or the price at or price change’’. Second, it applies in another Participant Market. Excluded from above which the security is to be sold, whenever an ‘‘indication of interest’’ A are shares sent (a) as obligations to trade respectively, (2) a price at the clean-up price (i.e., an anticipated opening price range) included in pre-opening responses, (b) in the case of a commitment to trade sent in is sent to the CTA Plan Processor as pursuant to the CSE block trade policy compliance with a Participant’s block trade required or permitted by the CTA Plan adopted as anticipated by section 8(d)(iii) or policy adopted pursuant to section 8(d)(iii) or or a Participant Market’s rules. (c) for the proprietary accounts of Approved (3) that the commitment is a commitment to To delete Section 7(d): Dealers in stocks assigned to them or in trade ‘‘at the market’’, (d) Commencement of Revised Pre- which they are registered. (G) designate the commitment ‘‘short’’ or Opening Application. [Deleted] B =‘‘NSTS-Originating Agency Interest’’; ‘‘short exempt’’ whenever it is a commitment i.e., the number of shares entered in NSTS by to sell short; this will permit the short sale To cause Section 8(a) (ii) and (iii) to read in full as follows: NSTS Users during the calculation quarter rule as in effect in the destination Participant that are either executed in NSTS or Market to apply, and (ii) CSE. No ITS station shall be located on the CSE floor except at the reformatted by NSTS as commitments to (H) specify the time period during which trade and routed through the NSTS/ITS the commitment shall be irrevocable (if the NSTS Supervisory Center, where it shall automated linkage to and executed in another time period is not specified in the be accessible only to CSE employees. Participant Market. Excluded from B are commitment, the longer of the two available The components of NSTS other than shares entered in NSTS for the proprietary options shall be assumed by ITS). NSTS terminals located on the CSE floor accounts of Approved Dealers in stocks The commitment shall be irrevocable or on the premises of a particular NSTS assigned to them or in which they are for that time period following User shall be accessible only to registered that are either (e) executed in acceptance by the System as is chosen employees of the CSE or its facilities NSTS as a consequence of trading either with 19848 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices a commitment to trade received from another (B) Periodic Reviews. During the consolidated last sale reporting system Participant Market or with shares entered in calendar quarter following each satisfies the notification requirements of NSTS for the account of another Approved anniversary of April 1, 1986, the this rule, a specialist should also Dealer in stocks assigned to him or in which Participants shall assess whether to transmit the indication through the he is registered or (f) reformatted by NSTS as commitments to trade and routed through the amend the ITS Plan to adjust the System in the format of a standardized NSTS/ITS automated linkage to and executed Applicable Share Ceilings, their pre-opening administrative message.) In in another Participant Market. application, any component of their any such situation, the specialist shall CC =‘‘NSTS/ITS-Incoming Dealer calculation and the consequences of not open or reopen the security until not Executions (Constant Constant)’’; i.e., a exceeding them. less than three minutes after his constant that equals one-fourth of the number To cause Section 8(f)(v) to read in full transmission of the opening or of shares entered and executed in NSTS for as follows: reopening indication of interest. For the the proprietary accounts of Approved Dealers (v) Nasdaq Clearing Corporation purposes of paragraphs (b)(ii)(A), and Contributing Dealers in stocks assigned Arrangement. In order to enable the (b)(ii)(B), (b)(iii) and (c), ‘‘pre-opening to them or in which they are registered NASD to perform its settlement against commitments to trade received from notification’’ includes an indication of other Participant Markets in 1985. obligations as provided in section 9(d), interest furnished to the consolidated IC =‘‘NSTS/ITS-Incoming Dealer Nasdaq shall maintain an arrangement last sale reporting service. with a registered clearing corporation Executions (Incremental Constant)’’; i.e., the To cause Section (b)(ii)(B) of Exhibit larger of (h) CC and (i) one-half CC plus one- meeting the criteria of section 5(b)(i) half of the number of shares entered and that provides that such clearing A to read in full as follows: executed in NSTS during the calculation corporation shall book to an account of (B) Pre-Opening Responses from Open quarter for the proprietary accounts of Nasdaq each side of System trade that Markets—An Exchange specialist must Approved Dealers in stocks assigned to them (A) is identified as attributable to the accept only those pre-opening responses or in which they are registered against ITS/CAES Third Market but (B) is not sent to the Exchange by market makers commitments to trade received from other in other Participant markets prior to the Participant Markets. identified as constituted by one or more ITS/CAES Market Makers or clearing opening of their markets for trading in The CSE may elect to participate members acting on his or their behalf. the security.* Following a halt or ‘‘manually’’ as to all or some stocks To delete Section 8(f)(vi): suspension in trading on the Exchange, during all or part of a calendar quarter (vi) CAES Modifications for Short a specialist must accept only those pre- by arranging for CSE employees, acting Commitments. [Deleted] opening responses sent by market on behalf of NSTS Users, to use either To cause Section 8(f)(vii) to read in makers to the Exchange from other (j) the NSTS terminal located in the full as follows: Participant markets that halted trading NSTS Supervisory Center to enter into (vii) Nasdaq Representation. The in the security contemporaneously with NSTS interest that can result in the NASD represents that Nasdaq, the the Exchange and that had not resumed generation of commitments to trade and operator of CAES, is a wholly-owned trading in the security at the time the responses or (k) the ITS station located subsidiary of the NASD. The NASD pre-opening response is sent shall cause Nasdaq to operate CAES in in the NSTS Supervisory Center as In the event that one or more market a manner consistent with the ITS Plan described in the sixth paragraph of makers from Participant markets that and to fulfill Nasdaq’s obligations under section 6(a)(ii). If it does so during the have already opened trading in a the ITS Plan. calculation quarter, shares in those security or, with respect to a halt or stocks executed during any period of To delete Section 10(d): (d) NASD Pilot Phase. [Deleted] suspension in trading, either did not ‘‘manual’’ participation are excluded halt trading in a security from A, B and IC in calculating the To delete Section 10(e)(ii) (A) and (B): (ii) CSE Linkage. (A) Capacity Relief. contemporaneously with the Exchange, Applicable Share Ceiling (but not in or has already resumed trading in a calculating the CSE/CTA Level) for the [Deleted] (B) Terminal Interface Development security, respond to a pre-opening calculation quarter. Any development notification in that security, the costs incurred to accommodate Costs. [Deleted] To delete Section (a)(x) of Exhibit A: specialist need not, but may in his ‘‘manual’’ participation as described in (x) ‘‘Trading Halt’’ [Deleted] discretion, accept such responses for the clause (k) benefit the CSE alone for the To cause Section (b)(i)(B) of Exhibit A purpose of inclusion in the opening or purposes of section 11(a)(iii)(B). to read in full as follows: reopening transaction. In the event that To cause Section (8)(e)(iv)(A)(6) to (B) Tape Indications—If the CTA Plan a Participant market opens or, with read in full as follows: or the Exchange’s rules require or respect to a halt or suspension in (6) Subsections (1) and (5) shall not permit that an ‘‘indication of interest’’ trading, resumes trading in a security apply so long as the CSE/CTA Level has (i.e., an anticipated opening price range) subsequent to a market maker in that never exceeded 1.25 percent unless, in a security be furnished to the Participant market sending a pre- first, the NSTS/ITS-Outgoing Agency consolidated last sale reporting system opening response but prior to the Interest (‘‘A’’) has exceeded its prior to the opening of trading, or the opening or reopening transaction on the Applicable Share Ceiling during any reopening of trading following a halt or Exchange, the market maker who sent calendar quarter (a ‘‘nominal excess’’) suspension in trading in one or more the pre-opening response to the and, second, during the first ‘‘Periodic Eligible Listed Securities, then the Exchange must confirm the pre-opening Review’’ (referred to below) that follows furnishing of an indication of interest in response by sending an administrative both the nominal excess and April 1, such situations shall, without any other message through the System stating that 1986, the CSE fails reasonably to justify additional action required of the the response remains valid; if the the nominal excess and thereby to rebut specialists, (1) initiate the Pre-Opening market maker fails to so confirm the pre- the presumption that subsections (1) process, and, (2) if applicable, substitute opening response, the specialist need and (5) should apply thereafter in view for and satisfy the requirements of not, but may in his discretion, accept of the occurrence of the nominal excess. paragraphs (b)(i)(A)(1), (b)(i)(A)(2)(I) and the original response for the purpose of To cause the first sentence of Section (b)(i)(A)(2)(II). (While the furnishing of inclusion in the opening or reopening 8(e)(iv)(B) to read in full as follows: an indication of interest to the transaction. Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19849

* For the purposes of this section, the accept a later report. If he fails to so Number of Respondents: 151,667. market in a security is opened (or reopened) request a report, he must accept a report Frequency of Response: 1. with either a trade or quotation, if trades are until [4:00 p.m. eastern time *] on the Average Burden Per Response: 20 being reported to the Consolidated Tape and third trading day following the trade minutes. quotes are being disseminated on the Estimated Annual Burden: 151,667 Consolidated Quotation System. (i.e., on T+3). The Exchange does not intend this paragraph (c)(vii) to relieve hours. To cause Section (c)(ii) of Exhibit A to him of the obligation, when he does not Written comments and read in full as follows: receive a report as soon as he reasonably recommendations regarding the (ii) Responses When the Exchange is should expect to have received it. information collection(s) should be sent Open—Notwithstanding paragraph within 60 days from the date of this (c)(i), an Exchange specialist who has II. Solicitation of Comments publication, directly to the SSA Reports received a pre-opening notification in Interested persons are invited to Clearance Officer at the following any Eligible Listed Security in which he submit written data, views, and address: Social Security Administration, is registered as a specialist should not arguments concerning the foregoing. DCFAM, Attn: Judith T. Hasche, 6401 send a pre-opening response to the Persons making written submissions Security Blvd., 1–A–21 Operations originator of such notification if (A) the should file six copies thereof with the Bldg., Baltimore, MD 21235. market for trading in the security is Secretary, Securities and Exchange In addition to your comments on the open on the Exchange or (B) the Commission, 450 Fifth Street, NW., accuracy of the agency’s burden Participant market from which the Washington, D.C. 20549. Copies of the estimate, we are soliciting comments on notification emanated had declared a submission, all subsequent the need for the information; its halt or suspension in trading in such amendments, all written statements practical utility; ways to enhance its security, and the Exchange either had with respect to the proposed rule quality, utility and clarity; and on ways not halted trading in the security change that are filed with the to minimize burden on respondents, contemporaneously with the Participant Commission, and all written including the use of automated Market or had resumed trading during communications relating to the collection techniques or other forms of the halt or suspension in trading. [*] proposed rule change between the information technology. * Note: The NASD shall implement a Commission and any person, other than To receive a copy of any of the forms comparable provision in its rules to conform those that may be withheld from the or clearance packages, call the SSA the restrictions on responses by ITS/CAES public in accordance with the Reports Clearance Officer on (410) 965– Market Makers to the provisions of paragraph provisions of 5 U.S.C. 552, will be 4123 or write to her at the address listed (b)(ii)(B) above. available for inspection and copying at above. To cause Section (c)(v) of Exhibit A to the Commission’s Public Reference Dated: April 6, 1997. read in full as follows: Room. Copies of such filing will also be Judith T. Hasche, (v) Use of System before Opening or available for inspection and copying at Reopening—No Exchange member, Reports Clearance Officer, Social Security the principal office of the ITS. All Administration. whether acting as principal or agent, submissions should refer to File No. 4– [FR Doc. 97–10428 Filed 4–22–97; 8:45 am] shall send an obligation to trade, 208 and should be submitted by May 14, commitment to trade or order in any 1997. BILLING CODE 4190±29±P security from the Exchange through the For the Commission, by the Division of System to any other Participant market Market Regulation, pursuant to delegated SOCIAL SECURITY ADMINISTRATION prior to the opening of trading in the authority. security in the Participant market (or Margaret H. McFarland, Privacy Act of 1974, As Amended; prior to the resumption of trading in the Deputy Secretary. Computer Matching Program (SSA/ security in the Participant market [FR Doc. 97–10517 Filed 4–22–97; 8:45 am] Railroad Retirement Board (RRB)Ð following the initiation of a halt or SSA Match Number 1006) suspension in trading in the security) BILLING CODE 8010±01±M until a pre-opening notification in the AGENCY: Social Security Administration. security has been issued from the other ACTION: Notice of Computer Matching Participant market or, if no pre-opening SOCIAL SECURITY ADMINISTRATION Program. notification is required, until the market Agency Information Collection in the security has opened in such other SUMMARY: In accordance with the Activities: Proposed Collection provisions of the Privacy Act, this Participant market. Requests To cause Section (c)(vii) of Exhibit A notice announces a computer matching to read in full as follows: This notice lists information program that SSA plans to conduct with (vii) Request for Participation collection packages that will require RRB. Reports—The ITS Plan anticipates that submission to the Office of Management DATES: SSA will file a report of the an Exchange member who has sent one and Budget (OMB), in compliance with subject matching program with the or more obligations to trade in response PL. 104–13 effective October 1, 1995, Committee on Governmental Affairs of to a pre-opening notification will The Paperwork Reduction Act of 1995. the Senate, the Committee on request a report through the System as Questionnaire for Children Claiming Government Reform and Oversight of to his participation if he does not SSI Benefits—0960–0499. The the House of Representatives and the receive a report as required promptly information collected on form SSA– Office of Information and Regulatory following the opening. If, on or 3881 is used by the Social Security Affairs, Office of Management and following trade date, he does request a Administration to evaluate disability in Budget (OMB). The matching program report through the System as to his children who apply for supplement will be effective as indicated below. participation before [4:00 p.m. eastern security income payments. The ADDRESSES: Interested parties may time *], and he does not receive a respondents are individuals who apply comment on this notice by either telefax response by [9:30 a.m. eastern time **] for supplement security income benefits to (410) 966–2935, or writing to the on the next trading day, he need not for a disabled child. Associate Commissioner for Program 19850 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Support, 4400 West High Rise Building, receive annuities payable by the RRB. DEPARTMENT OF TRANSPORTATION 6401 Security Boulevard, Baltimore, MD For such individuals, the income 21235. All comments received will be received due to benefits payable by the Federal Highway Administration available for public inspection at this RRB may affect eligibility for or the address. amount of SSI benefits. Environmental Impact Statement: Clark County, NV FOR FURTHER INFORMATION CONTACT: The C. Authority for Conducting the Associate Commissioner for Program Matching Program AGENCY: Federal Highway Support as shown above. Administration (FHWA), DOT. SUPPLEMENTARY INFORMATION: Sections 1631(e)(1)(B) and 1631(f) of ACTION: Notice of intent. the Social Security Act (42 U.S.C. A. General 1383(e)(1)(B) and 1383(f)). SUMMARY: The FHWA is issuing this Notice to advise the public that an The Computer Matching and Privacy D. Categories of Records and Protection Act of 1988 (Pub. L. 100– environmental impact statement will be Individuals Covered by the Match 503), amended the Privacy Act (5 U.S.C. prepared for a proposed highway project 552a) by establishing conditions under The RRB will provide SSA with an in Clark County, Nevada. which computer matching involving the electronic data file containing annuity FOR FURTHER INFORMATION CONTACT: Federal government could be performed payment information from its system of Daryl James, P.E., Supervisor, and adding certain protections for records entitled Checkwriting Integrated Environmental Services Division, individuals applying for and receiving Computer Operation Benefits Payment Nevada Department of Transportation, Federal benefits. Section 7201 of the Master. SSA will then match the RRB 1263 South Stewart Street, Carson City, Omnibus Budget Reconciliation Act of data with information maintained in its NV 89712, Telephone: 702–888–7686; 1990 (Pub. L. 101–508), further Supplemental Security Income Record. John T. Price, Division Administrator, amended the Privacy Act regarding Federal Highway Administration, E. Inclusive Dates of the Match protections for such individuals. The Nevada Division, 705 North Plaza St., Privacy Act, as amended, regulates the The matching program shall become Suite 220, Carson City, NV 89701, use of computer matching by Federal effective no sooner than 40 days after Telephone: 702–687–1205. agencies when records in a system of notice of the matching program is sent SUPPLEMENTARY INFORMATION: records are matched with other Federal, The to Congress and the Office of State, or local government records. Federal Highway Administration Management and Budget (OMB), or 30 Among other things, it requires Federal (FHWA), the Nevada Department of days after publication of this notice in agencies involved in computer matching Transportation (NDOT), in cooperation the Federal Register, whichever date is programs to: with the City of Las Vegas, the City of later. The matching program will (1) Negotiate written agreements with North Las Vegas, Regional continue for 18 months from the the other agency or agencies Transportation Commission, and Clark effective date and may be extended for participating in the matching programs; County, is considering improvements to an additional 12 months thereafter, if (2) Obtain Data Integrity Board the transportation system serving the certain conditions are met. approval of the match agreements; Northwest Region of Las Vegas. These (3) Furnish detailed reports about [FR Doc. 97–10474 Filed 4–22–97; 8:45 am] improvements include: widening US 95, matching programs to Congress and BILLING CODE 4190±29±P a freeway management system for US OMB; 95, high occupancy vehicle lanes on US (4) Notify applicants and beneficiaries 95 and Summerlin Parkway, new that their records are subject to arterial street connections, arterial street matching; and DEPARTMENT OF STATE improvements, enhanced bus service, (5) Verify match findings before and transportation demand management reducing, suspending, terminating, or [Public Notice 2532] measures. The proposed improvements denying an individual’s benefits or have been adopted as the ‘‘locally payments. Bureau of Political-Military Affairs; preferred alternative’’ as a result of a Determination Under the Arms Export Major Investment Study for the B. SSA Computer Matches Subject to Control Act Northwest Region. the Privacy Act Rapid growth has occurred in the Las We have taken action to ensure that Pursuant to Section 654(c) of the Vegas Valley over the past several years. all of SSA’s computer matching Foreign Assistance Act of 1961, as The growth has added to the existing programs comply with the requirements amended, notice is hereby given that the heavy demand on the regional of the Privacy Act, as amended. Under Secretary of State for Arms transportation system. Substantial growth is expected to continue, with a Dated: April 16, 1997. Control and International Security Affairs has made a determination major portion of the new development John J. Callahan, pursuant to Section 81 of the Arms occurring in the western and northern Acting Commissioner of Social Security. Export Control Act and has concluded portions of the area. The proposed Notice of Computer Matching Program, that publication of the determination improvements are considered necessary Railroad Retirement Board (RRB) With would be harmful to the national to provide for existing and projected Social Security Administration (SSA) security of the United States. travel demand in the Northwest Region of Las Vegas and enhance safety and A. Participating Agencies Dated: April 10, 1997. operational efficiency. SSA and RRB. Thomas E. McNamara, Alternatives to be considered will Assistant Secretary of State for Political- include the ‘‘locally preferred B. Purpose of the Matching Program Military Affairs. alternative’’ as developed through the To identify supplemental security [FR Doc. 97–10454 Filed 4–22–97; 8:45 am] Major Investment Study process and the income recipients and applicants who BILLING CODE 4710±25±M no-build option. Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19851

Letters describing the proposed action Union Pacific Railroad, FRA Waiver The second system for which waiver and soliciting comments will be sent to Petition Nos. WPS–97–1, WPS–97–2 is requested is the automatic highway- appropriate federal, state, and local rail grade crossing warning device. UP agencies, and to private organizations Union Pacific seeks a permanent states that these devices have been in and citizens who have previously waiver of compliance from certain use for many years to provide warning provisions of 49 CFR Part 214, Railroad expressed or are known to have interest to motorists of the approach of trains to Workplace Safety, Subpart C, Roadway in this proposal. A scoping meeting will highway-rail grade crossings. UP states Worker Protection. Union Pacific be held at the time and place noted that these devices are designed to specifically seeks relief from 49 CFR below: provide at least 20 seconds warning of 214.329, Train Approach Warning the approach of a train to the crossing, Scoping Meeting Provided by Watchmen/Lookouts, which and that they meet the requirements for requires that ‘‘Roadway workers in a sufficient warning time for roadway Date: Wednesday, May 7, 1997. roadway work group who foul any track workers to move to a place of safety not Time: 1:30 p.m. outside of working limits shall be given less than 15 seconds before the arrival Place: Charleston Heights Art Center, warning of approaching trains by one or of a train. UP has not stated specifically 800 S. Brush Street, Las Vegas, NV. more watchmen/lookouts * * *’’ Union whether all or some, or which, types of Pacific wishes to use an automatic train automatic highway-rail grade crossing A public hearing will also be held. approach warning system (TAWS) and warning devices would be subject to the Public notice will be given of the time automatic highway-rail grade crossing waiver petition. UP did state that a and place of the hearing. The public warning devices in place of watchmen/ roadway worker must be able to both hearing will be held after the draft EIS lookouts for the provision of train see and hear the activation of the is available for review. approach warning for roadway workers device, thus implying that only devices To ensure that the full range of issues who foul a track outside of working with both audible and visual warning related to this proposed action is limits at certain equipped locations, and features would be subject to this addressed and any significant impacts under specific conditions. petition. UP has included with the are identified, comments and FRA published, on December 16, petition a set of detailed rules and suggestions are invited from all 1996, a Final Rule amending 49 CFR instruction for the operation and use of interested parties. Comments or 214 by adding Roadway Worker both types of devices for the purpose of questions concerning this proposed Protection Standards. The amendment providing warning of approaching trains action and the EIS should be directed to became effective on January 15, 1997. to roadway workers. the FHWA or the NDOT at the address The Rule requires that Class I railroads, provided above. Norfolk Southern Railway Company, including Union Pacific, be in FRA Waiver Petition No. WPS–97–3 (Catalog of Federal Domestic Assistance compliance by March 15, 1997. The Norfolk Southern Railway Company Program Number 20.205, Highway Research, regulation mandates clearly defined (NS), a Class I railroad company, seeks Planning and Construction. The regulations methods of protection against moving a permanent waiver of compliance from implementing Executive Order 12372 trains and railroad equipment for regarding intergovernmental consultation on railroad employees who perform certain certain provisions of 49 CFR Part 214, Federal programs and activities apply to this maintenance and inspection duties on Railroad Workplace Safety, Subpart C, program.) and near railroad tracks. Roadway Worker Protection. NS specifically seeks a waiver of Union Pacific, a Class I railroad, has Issued: April 16, 1997. 214.337(c)(3), which states: John T. Price, requested a waiver to permit the use of (c) Individual train detection may be two different types of systems to Division Administrator, Federal Highway used to establish on-track safety only: Administration, Carson City, Nevada. provide train approach warning. The *** first system for which a waiver is [FR Doc. 97–10467 Filed 4–22–97; 8:45 am] (3) On track outside the limits of a requested is the automatic UP Train BILLING CODE 4910±22±M manual interlocking, a controlled point, Approach Warning System (TAWS). or a remotely controlled hump yard According to UP, the TAWS has been in facility; * * * . place at control points on much of UP’s DEPARTMENT OF TRANSPORTATION NS requests that FRA grant relief to heaviest tonnage routes since 1978. It NS by allowing the NS Roadway Worker Federal Railroad Administration has become part of the UP standard Protection Program to permit a lone package at all new control points worker performing inspection and Notice of Petitions for Waivers of installed on UP. UP states that there minor correction work to use individual Compliance and Notice of Hearing have been no recorded instances where train detection for providing on-track TAWS failed to perform its intended safety only: [a] at those locations within In accordance with Title 49 Code of function of illuminating a blue rotating manual interlockings, controlled points Federal Regulations (CFR) Sections light and sounding an audible alarm one and remotely controlled hump yards 211.9 and 211.41, notice is hereby given minute prior to the approach of a train where suitable visibility, noise, hearing, that the Federal Railroad to alert a roadway worker. and adjacent track conditions; and [b] Administration (FRA) has received UP avers that the TAWS, properly only in connection with inspection and requests for waivers of compliance with utilized, is more effective than a minor correction work activities which certain requirements of the Federal watchman/lookout, providing a longer do not interfere with the safe passage of railroad safety regulations. The warning time and not being susceptible trains and engines. individual petitions are described to distraction or fatigue. Information NS avers that the requested waiver below, including the party seeking provided by UP indicates that the will not compromise the safety of relief, the regulatory provisions TAWS is an integral part of the signal roadway workers who utilize its involved, the nature of the relief being and train control system, incorporating provisions, and that, if the waiver is not sought and the petitioner’s arguments in the same level of reliability and granted, that safety will be hindered favor of relief. principles of fail-safe design. rather than improved by hindering 19852 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices incidental inspections which are publicly owner passenger railroad, seeks NJTRO seeks relief from 49 CFR presently being performed over and a temporary waiver of compliance from 214.305, which states: above the requirements of the Federal one provision of 49 CFR Part 214, Each program adopted by a railroad Railroad Administration. NS further Railroad Workplace Safety, Subpart C, shall comply not later than the date avers that, if the requested waiver is not Roadway Worker Protection. NICD specified in the following granted, NS will incur substantially specifically seeks relief from 49 CFR schedule: * * * increased operating costs without 214.305, Compliance dates, in which (a) For each Class I railroad (including achieving any economic or safety NICD seeks an extension of the National Railroad Passenger benefits. compliance date from March 15, 1997 to Corporation) and each railroad NS has included with its petition June 15, 1997. NICD states that the providing commuter service in a proposed language for its Roadway additional time is needed to train metropolitan or suburban area, March Worker Protection Program which approximately 200 employees on its 15, 1997.* * * would be adopted should FRA grant the roadway worker protection program, NJTRO requests that the compliance petition, and a statement of costs NICD seeks a permanent waiver of date be extended to July 15, 1997. associated with the subject provision of compliance with the following NJTRO avers that the requested the Rule. provisions of 49 CFR Part 214, Railroad extension will allow NJTRO to fully train and qualify its employees, and will Southeastern Pennsylvania Workplace Safety, Subpart C, Roadway Worker Protection: minimize the financial and operational Transportation Authority, FRA Waiver impact associated with the original Petition No. WPS–97–4 49 CFR 214.319, Working limits, in which NICD wishes to allow the use of compliance date. NJTRO has attached to Southeastern Pennsylvania restricted speed as an alternative means its petition a copy of its rules for the Transportation Authority (SEPTA), a of providing on-track safety protection. protection of trains. publicly owner passenger railroad, seeks NICD avers that it has in the past used Long Island Rail Road, FRA Waiver a temporary waiver of compliance from slow speeds on adjacent tracks to Petition No. WPS–97–7 one provision of 49 CFR Part 214, provide additional protection for The Long Island Rail Road (LIRR), a Railroad Workplace Safety, Subpart C, roadway workers engaged in large scale publicly owned passenger railroad, Roadway Worker Protection. SEPTA maintenance or renewal projects on out- seeks a temporary waiver of compliance specifically seeks relief from 49 CFR of-service tracks. from one provision of 49 CFR Part 214, 214.305, Compliance dates. SEPTA 49 CFR 214.327, Inaccessible track, in Railroad Workplace Safety, Subpart C, states that allowing only 90 days to which NICD wishes to allow the use Roadway Worker Protection. LIRR seeks come into compliance from the date of train approach warning as prescribed in relief from 49 CFR 214.305, Compliance the Final Rule’s publication does not 49 CFR 214.329, in lieu of establishing dates, by requesting an extension of the give ample time to file waiver requests, working limits through the use of compliance date from March 15, 1997 to receive responses from FRA, modify on- inaccessible track in Shops Yard, June 15, 1997. LIRR states that the track safety program drafts in Michigan City, Indiana. accordance with FRA’s response, additional time is needed to fully 49 CFR 214.329, Train approach integrate professional training for modify on-track safety manuals, modify warning provided by watchmen/ training programs, and train railroad approximately 1,475 employees who lookouts, in which NICD wishes to will require training in its roadway and contractor employees. SEPTA allow watchmen/lookouts to perform specifically request that the compliance worker protection program. functions other than that of watching for LIRR also seeks a permanent waiver of date be extended not to exceed 120 the approach of trains, while a roadway days, after notification of FRA’s waiver compliance from the following work group is utilizing definite train additional provisions of the 49 CFR Part determination. location for on-track safety until ten SEPTA also seeks a permanent waiver 214, Railroad Workplace Safety, Subpart minutes before the departure of a of compliance from the following C, Roadway Worker Protection: scheduled train at the nearest station. additional provisions of 49 CFR Part 49 CFR 214.337 On track safety 214, Railroad Workplace Safety, Subpart 49 CFR 214.331, Definite train procedures for lone workers, subsection C, Roadway Worker Protection: location, in which NICD wishes to (c) (3), to permit lone workers to use 49 CFR 214.337, On track safety continue to use the provisions of this individual train detection in the limits procedures for lone workers, subsection section without a phase-out date as of its 39 interlockings which incorporate (c)(3), to permit lone workers to use called for in section 214.331 (b). only two tracks. individual train detection in the limits 49 CFR 214.323, Foul time, in which 49 CFR 214.327 Inaccessible track, in of interlockings and controlled points; NICD wishes to allow the conjunction with a waiver of 49 CFR 49 CFR 214.327, Inaccessible track, to Superintendent of Transportation or his 214.337 to permit the use of individual permit the use of train approach designee to issue foul time, rather than train detection by lone workers in its 28 warning on non-controlled tracks in the train dispatcher or control operator. non-hump yards with a maximum train yards; and NICD includes with its petition speed of 15 miles per hour, and in 49 CFR 214.319, Working limits, examples of situations in which each of conjunction with a waiver of 49 CFR generally, to permit the use of restricted the requested waivers would be used on 214.319, Working limits, generally, to speed in conjunction with a portable its property. permit the use of train approach whistle sign as one means of providing New Jersey Transit Rail Operations, warning by roadway work groups in the protection for roadway workers on both FRA Waiver Petition No. WPS–97–6 same 28 yards. controlled and non-controlled track. 49 CFR 214.319 Working limits, New Jersey Transit Rail Operations generally, to permit the use of restricted Northern Indiana Commuter (NJTRO), a publicly owned passenger speed as one means of providing Transportation District, FRA Waiver railroad, seeks a temporary waiver of protection for roadway workers on both Petition No. WPS–97–5 compliance from a provision of 49 CFR controlled and non-controlled track, and Northern Indiana Commuter Part 214, Railroad Workplace Safety, 49 CFR 214.343, Training and Transportation District (NICD), a Subpart C, Roadway Worker Protection. qualification, general, and 49 CFR Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19853

214.353, Training and qualification of The hearing will be informal and York Avenue, N.W., Washington, DC roadway workers who provide on-track conducted in accordance with Rule 25 20005–3934. safety for roadway work groups to of FRA’s Rules of Practice (49 CFR FOR FURTHER INFORMATION CONTACT: permit the examination and 211.25) by a representative designated Beryl Gordon, (202) 565–1600. [TDD for qualification of such employees every by FRA. FRA’s representative will make the hearing impaired: (202) 565–1695.] three years rather than annually as an opening statement outlining the required in the current Rule. scope of the hearing, as well as any SUPPLEMENTARY INFORMATION: Under the additional procedures for the conduct of proposed pooling arrangement, Alaska Railroad Corporation, FRA the hearing. The hearing will be non- applicants seek approval to pool Waiver Petition No. WPS–97–8 adversarial proceeding in which all portions of their services over routes The Alaska Railroad Corporation interested parties will be given the which they both operate and to share (ARRC), a publicly owner passenger opportunity to express their views the revenues derived from their railroad, seeks a temporary waiver of regarding this waiver petition, without operations over these routes. compliance from one provision of 49 cross-examination. After all initial Applicants are competitors on certain CFR Part 214, Railroad Workplace statements have been completed, those intercity routes between Mobile and Safety, Subpart C, Roadway Worker persons wishing to make a brief rebuttal Birmingham and between Mobile and Protection. ARRC seeks relief from 49 will be given an opportunity to do so in New Orleans. Because their competing CFR 214.305, Compliance dates, by the same order in which initial services operate at nearly the same requesting an extension of the statements were made. times of day with buses that are only partially loaded, applicants assert that compliance date from March 15, 1997 to Issued in Washington, D.C. on April 15, January 1, 1998. ARRC states that 1997. their operations are inefficient, costly, and, as a consequence, that they are additional time is needed to permit it to Grady C. Cothen, Jr., replace its present method of train unable to compete effectively with Deputy Associate Administrator for Safety Amtrak, airlines, and private operation by time table and train orders Standards and Program Development. automobiles. with a positive train separation system. [FR Doc. 97–10501 Filed 4–22–97; 8:45 am] ARRC avers that to implement a Applicants assert that there is BILLING CODE 4910±06±P roadway worker protection program substantial intermodal competition based on informational lineups at this between points on the affected routes to time, and then to replace that system DEPARTMENT OF TRANSPORTATION protect the public and that the proposed within the year might serve to confuse revenue pooling agreement does not its roadway workers. ARRC plans to Surface Transportation Board threaten to produce an unreasonable have the positive train separation restraint on competition. They state that system in place by October 15, 1997, [STB No. MC±F±20906] Amtrak operates daily passenger train and to implement a method of exclusive Capital Motor Lines, et al.ÐPoolingÐ service between Mobile and track occupancy for protection of Greyhound Lines, Inc. Montgomery, Mobile and Birmingham, roadway workers after that date. Montgomery and Birmingham, and Interested parties are invited to AGENCY: Surface Transportation Board. Mobile and New Orleans. Additionally, participate in these proceedings by ACTION: Notice of proposed pooling they indicate that the affected points submitting written views, data, or application. receive daily connecting air flights from comments. All communications Delta Air Lines, Northwest Air Lines, concerning these proceedings should SUMMARY: Applicants, Capital Motor and US Airways. Numerous interstate identify the appropriate docket number Lines, d/b/a Capital Trailways, of highways connect these points, as well, (e.g., Waiver Petition Docket Number Montgomery, AL, and Colonial making private automobile travel WPS–97–1) and must be submitted in Trailways, of Mobile, AL (collectively, relatively quick and inexpensive. triplicate to the Docket Clerk, Office of Capital), and Greyhound Lines, Inc. The proposed pooling of services, Chief Counsel, FRA, Nassif Building, (Greyhound), of Dallas, TX, jointly seek according to applicants, will enable 400 Seventh Street, S.W., Washington, approval under 49 U.S.C. 14302 of an them to increase their passenger load D.C. 20590. Communications received operations and revenue pooling per bus. This, in turn, will reduce their within 45 days of the date of this notice agreement to govern their motor unit costs and make their services more will be considered by FRA before final passenger and express transportation competitive. Additionally, they action is taken. Comments received after services between Mobile and emphasize that the proposed pooling that date will be considered as far as Birmingham, AL, and between Mobile arrangement will permit them to practicable. All written communications and New Orleans, LA. schedule service more evenly concerning these proceedings are DATES: Comments on the proposed throughout the day, affording the available for examination during regular agreement are due by May 23, 1997, traveling public a greater choice of business hours (9:00 a.m.—5:00 p.m.) at and, if comments are filed, applicants’ departure times and enhancing the FRA’s temporary docket room located at rebuttal is by June 12, 1997. convenience of bus travel. 1120 Vermont Avenue, N.W., Room ADDRESSES: Send an original and 10 Applicants state that they are not 7051, Washington, D.C. 20005. copies of comments referring to STB No. domiciled in Mexico and are not owned FRA has determined that a public MC–F–20906 to: Surface Transportation or controlled by persons of that country. hearing is necessary before making a Board, Office of the Secretary, Case In addition, they assert that approval of final decision on these petitions. Control Unit, Room 713, 1925 K Street, the pooling agreement will not Accordingly, a public hearing is hereby N.W., Washington, DC 20423–0001. significantly affect either the quality of set for 9:00 a.m. on May 22, 1997, at The Also, send one copy of comments to the human environment or the Westin, 1400 M Street, N.W., Vista applicants’ representatives: Dennis N. conservation of energy resources. In Ballroom A, Washington, D.C. 20005. Barnes, 1800 M Street, N.W. (# 600N), fact, they claim that it will result in the Interested parties are invited to present Washington, DC 20036–5869; and Fritz conservation of fuel and, hence, the oral statements at this hearing. R. Kahn, Suite 750 West, 1100 New reduction of emissions. 19854 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Copies of the application may be SUPPLEMENTARY INFORMATION: Transportation Statistics, 400 Seventh obtained free of charge by contacting Additional information is contained in Street, SW., Washington, DC 20590– applicants’ representatives. In the the Board’s decision. To purchase a 0001, (202) 366–4387. alternative, the pooling application may copy of the full decision, write to, call, be inspected at the offices of the Surface or pick up in person from: DC News & SUPPLEMENTARY INFORMATION: Transportation Board, Room 755, during Data, Inc., 1925 K Street, N.W., Suite OMB Approval No. 2138–0006. normal business hours. A copy of this 210, Washington, D.C. 20006. Title: Preservation of Air Carrier notice will be served on the Department Telephone (202) 289–4357. [Assistance Records Part 249. of Justice, Antitrust Division, 10th Street for the hearing impaired is available & Pennsylvania Avenue, N.W., through TDD services (202) 565–1695.] Form No.: None. Washington, D.C. 20530. Decided: April 16, 1997. Type of Review: Extension of a currently approved recordkeeping Decided: April 15, 1997. By the Board, Chairman Morgan and Vice requirement. By the Board, Chairman Morgan and Vice Chairman Owen. Chairman Owen. Vernon A. Williams, Respondents: Certificated air carriers and public charter operators. Vernon A. Williams, Secretary. Number of Respondents: 130 Secretary. [FR Doc. 97–10526 Filed 4–22–97; 8:45 am] certificated air carriers; 350 public [FR Doc. 97–10525 Filed 4–22–97; 8:45 am] BILLING CODE 4915±00±P charter operators. BILLING CODE 4915±00±P Total Annual Burden: 688 hours. DEPARTMENT OF TRANSPORTATION Needs and Uses: Part 249 requires the DEPARTMENT OF TRANSPORTATION retention of such records as general and Bureau of Transportation Statistics subsidiary ledgers, journals and journal Surface Transportation Board Agency Information Collection; vouchers, voucher distribution registers, Activity Under OMB Review; Part 249 accounts receivable and payable [STB Finance Docket No. 33116] Preservation of Air Carrier Records journals and ledgers, subsidy records documenting underlying financial and Wisconsin Central Ltd.ÐAcquisition AGENCY: Bureau of Transportation statistical reports to the Department, ExemptionÐLines of Union Pacific Statistics (BTS), DOT. funds reports, consumer records, sales Railroad Company ACTION: Notice. reports, auditors’ and flight coupons, air waybills, etc. Depending on the nature AGENCY: Surface Transportation Board. SUMMARY: In compliance with the of the document, it may be retained for ACTION: Notice of exemption. Paperwork Reduction Act of 1995, Pub. a period of 30 days to 3 years. Public L. 104–13, the Bureau of Transportation charter operators and overseas military SUMMARY: The Board, under 49 U.S.C. Statistics (BTS) invites the general personnel charter operators must retain 10502, exempts from the prior approval public, industry and other Federal documents which evidence or reflect requirements of 49 U.S.C. 10902 the Agencies to comment on the continuing deposits made by each charter acquisition by Wisconsin Central Ltd. need and usefulness of DOT requiring participant and commissions received (WCL), a Class II railroad, of two rail certificated air carriers to preserve by, paid to, or deducted by travel agents, lines: (1) The ‘‘Hayward Line’’ between accounting records, consumer and all statements, invoices, bills and Hayward and Hayward Junction, WI, complaint letters, reservation reports receipts from suppliers or furnishers of and (2) the ‘‘Wausau Pocket’’ between and records, system reports of aircraft goods and services in connection with Kelly and Wausau-Schofield, WI, movements, etc. the tour or charter. These records are totaling 17.8 miles in central Wisconsin, DATES: Written comments should be retained for 6 months after completion from Union Pacific Railroad Company. submitted by June 23, 1997. of the charter program. The Board also finds that the employee ADDRESSES: Comments should be Not only is it imperative that carriers protective arrangement proposed by directed to: Office of Airline and charter operators retain source WCL, as modified by the Board, meets Information, K–25, Room 4125, Bureau documentation, but it is critical that we the requirements of 49 USC 10902(d). of Transportation Statistics, Department ensure that DOT has access to these DATES: The exemption will be effective of Transportation, 400 Seventh Street, records. Given DOT’s established May 23, 1997. Petitions to stay must be SW., Washington, DC 20590–0001. information needs for such reports, the filed by May 5, 1997. Petitions to reopen COMMENTS: Comments should identify underlying support documentation must must be filed by May 13, 1997. the OMB # 2138–0006 and submit a be retained for a reasonable period of ADDRESSES: Send pleadings, referring to duplicate copy to the address listed time. Absent the retention requirements, STB Finance Docket No. 33116 to: (1) above. Commenters wishing the the documentary support for such Surface Transportation Board, Office of Department to acknowledge receipt of reports may or may not exist for audit/ the Secretary, Case Control Unit, 1925 K their comments must submit with those validation purposes and the relevance Street, N.W., Washington, DC 20423– comments a self-addressed stamped and usefulness of carrier submissions 0001; and (2) petitioner’s representative: postcard on which the following would be impaired, since the data could Janet H. Gilbert, General Counsel, statement is made: Comments on OMB not be verified to the source on a test Wisconsin Central Ltd., P.O. Box 5062, # 2138–0006. The postcard will be date/ basis. Rosemont, IL 60017–5062. time stamped and returned to the Timothy E. Carmody, FOR FURTHER INFORMATION CONTACT: commenter. Director, Office of Airline Information, Joseph H. Dettmar, (202) 565–1600. FOR FURTHER INFORMATION CONTACT: Bureau of Transportation Statistics. [TDD for the hearing impaired: (202) Bernie Stankus, Office of Airline [FR Doc. 97–10482 Filed 4–22–97; 8:45 am] 565–1695.] Information, K–25, Bureau of BILLING CODE 4910±FE±P Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19855

DEPARTMENT OF TRANSPORTATION extension of unsecured credit to estimates of capital or start-up costs and candidates for Federal office. costs of operations, maintenance, and Bureau of Transportation Statistics Certificated air carriers submit this data. purchase of services to provide Timothy E. Carmody, information. The comments that are Agency Information Collection; submitted will be summarized and Activity Under OMB Review; Report of Director, Office of Airline Information, Bureau of Transportation Statistics. included in the Customs request for the Extension of Credit to Political Office of Management and Budget CandidatesÐForm 183 [FR Doc. 97–10500 Filed 4–22–97; 8:45 am] BILLING CODE 4910±FE±P (OMB) approval. All comments will AGENCY: Bureau of Transportation become a matter of public record. In this Statistics (BTS), DOT. document Customs is soliciting ACTION: Notice. DEPARTMENT OF THE TREASURY comments concerning the following information collection: SUMMARY: In compliance with the Customs Service Title: Application for Allowance in Paperwork Reduction Act of 1995, Duties. Public Law 104–13, the Bureau of Proposed Collection; Comment OMB Number: 1515–0022. Transportation Statistics (BTS) invites Request; Application for Allowance in Form Number: Customs Form 4315. the general public, industry and other Duties Abstract: This collection is required Federal Agencies to comment on the by the Customs Service in instances of continuing need and usefulness of BTS ACTION: Notice and request for claims of damaged or defective collecting reports from air carriers on comments. merchandise on which an allowance in duty is made in the liquidation of the the aggregated indebtedness balance of SUMMARY: As part of its continuing effort entry. The information is used to a political candidate or party for Federal to reduce paperwork and respondent office. The reports are required when substantiate importers claims for such burden, Customs invites the general duty allowances.. the aggregated indebtedness is over public and other Federal agencies to $5,000 on the last day of a month. Current Actions: There are no changes comment on an information collection to the information collection. This DATES: Written comments should be requirement concerning the Application submitted by June 23, 1997. submission is being submitted to extend for Allowance in Duties. This request the expiration date.. ADDRESSES: Comments should be for comment is being made pursuant to Type of Review: Extension (without directed to: Office of Airline the Paperwork Reduction Act of 1995 change). Information, K–25, Room 4125, Bureau (Pub. L. 104–13; 44 U.S.C. 3505(c)(2)). Affected Public: Businesses, of Transportation Statistics, Department DATES: Written comments should be Individuals, Institutions. of Transportation, 400 Seventh Street, received on or before June 23,1997, to be Estimated Number of Respondents: SW., Washington, DC 20590–0001. assured of consideration. 12,000. COMMENTS: Comments should identify ADDRESS: Direct all written comments to Estimated Time Per Respondent: 8 # the OMB 2138–0016 and submit a U.S. Customs Service, Information minutes. duplicate copy to the address listed Services Group, Room 6216, 1301 Estimated Total Annual Burden above. Commenters wishing the Constitution Ave., NW, Washington, DC Hours: 1,600. Department to acknowledge receipt of 20229. Estimated Total Annualized Cost on their comments must submit with those FOR FURTHER INFORMATION CONTACT: the Public: N/A. comments a self-addressed stamped Requests for additional information or postcard on which the following Dated: April 16, 1997. copies of the form(s) and instructions statement is made: Comments on OMB J. Edgar Nichols, should be directed to U.S. Customs # 2138–0016. The postcard will be date/ Team Leader, Information Services Group. Service, Attn.: J. Edgar Nichols, Room time stamped and returned to the [FR Doc. 97–10437 Filed 4–22–97; 8:45 am] 6216, 1301 Constitution Avenue NW, commenter. BILLING CODE 4820±02±P Washington, DC 20229, Tel. (202) 927– FOR FURTHER INFORMATION CONTACT: 1426. Bernie Stankus, Office of Airline SUPPLEMENTARY INFORMATION: Customs Information, K–25, Bureau of DEPARTMENT OF THE TREASURY invites the general public and other Transportation Statistics, 400 Seventh Federal agencies to comment on Customs Service Street, S.W., Washington, DC 20590– proposed and/or continuing information 0001, (202) 366–4387. collections pursuant to the Paperwork Proposed Collection; Comment SUPPLEMENTARY INFORMATION: Reduction Act of 1995 (Pub. L. 104–13; Request; Declaration for Free Entry of Unaccompanied Articles OMB Approval No. 2138–0016. 44 U.S.C. 3505(c)(2)). The comments Title: Report of Extension of Credit to should address: (1) Whether the ACTION: Notice and request for Political Candidates—Form 183. collection of information is necessary comments. Form No.: 183. for the proper performance of the Type of Review: Extension of a functions of the agency, including SUMMARY: As part of its continuing effort currently approved collection. whether the information shall have to reduce paperwork and respondent Respondents: Certificated air carriers. practical utility; (b) the accuracy of the burden, Customs invites the general Number of Respondents: 3. agency’s estimates of the burden of the public and other Federal agencies to Number of Responses: 20. collection of information; (c) ways to comment on an information collection Estimated Time Per Response: 1 hour. enhance the quality, utility, and clarity requirement concerning the Declaration Total Annual Burden: 20 hours. of the information to be collected; (d) for Free Entry of Unaccompanied Needs and Uses: The Department uses ways to minimize the burden including Articles. This request for comment is this form as the means to fulfill its the use of automated collection being made pursuant to the Paperwork obligations under the Federal Election techniques or the use of other forms of Reduction Act of 1995 (Public Law 104– Campaign Act to collect data on the information technology; and (e) 13; 44 U.S.C. 3505(c)(2)). 19856 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

DATES: Written comments should be submission is being submitted to extend 44 U.S.C. 3505(c)(2)). The comments received on or before June 23, 1997, to the expiration date. should address: (1) Whether the be assured of consideration. Type of Review: Extension (without collection of information is necessary ADDRESSES: Direct all written comments change). for the proper performance of the to U.S. Customs Service, Information Affected Public: Businesses, functions of the agency, including Services Group, Room 6216, 1301 Individuals, Institutions. whether the information shall have Constitution Ave., NW, Washington, Estimated Number of Respondents: practical utility; (b) the accuracy of the D.C. 20229. 10,000. agency’s estimates of the burden of the FOR FURTHER INFORMATION CONTACT: Estimated Time Per Respondent: 10 collection of information; (c) ways to Requests for additional information or minutes. enhance the quality, utility, and clarity copies of the form(s) and instructions Estimated Total Annual Burden of the information to be collected; (d) should be directed to U.S. Customs Hours: 25,000. ways to minimize the burden including Service, Attn.: J. Edgar Nichols, Room Estimated Total Annualized Cost on the use of automated collection 6216, 1301 Constitution Avenue NW, the Public: N/A. techniques or the use of other forms of Washington, D.C. 20229, Tel. (202) 927– Dated: April 16, 1997. information technology; and (e) estimates of capital or start-up costs and 1426. J. Edgar Nichols, costs of operations, maintenance, and SUPPLEMENTARY INFORMATION: Customs Team Leader, Information Services Group. purchase of services to provide invites the general public and other [FR Doc. 97–10436 Filed 4–22–97; 8:45 am] information. The comments that are Federal agencies to comment on BILLING CODE 4820±02±P submitted will be summarized and proposed and/or continuing information included in the Customs request for collections pursuant to the Paperwork Office of Management and Budget DEPARTMENT OF THE TREASURY Reduction Act of 1995 (Public Law 104– (OMB) approval. All comments will 13; 44 U.S.C. 3505(c)(2)). The comments Customs Service become a matter of public record. In this should address: (1) Whether the document Customs is soliciting collection of information is necessary Proposed Collection; Comment comments concerning the following for the proper performance of the information collection: functions of the agency, including Request; Serially Numbered whether the information shall have Substantial Holders or Containers Title: Serially Numbered Substantial practical utility; (b) the accuracy of the Holders or Containers. ACTION: Notice and request for OMB Number: 1515–0101. agency’s estimates of the burden of the comments. collection of information; (c) ways to Form Number: N/A. enhance the quality, utility, and clarity SUMMARY: As part of its continuing effort Abstract: The marking is used to of the information to be collected; (d) to reduce paperwork and respondent provide for duty free entry of holders or ways to minimize the burden including burden, Customs invites the general containers which were manufactured in the use of automated collection public and other Federal agencies to the United States and exported and techniques or the use of other forms of comment on an information collection returned without having been advanced information technology; and (e) requirement concerning the Serially in value or improved in condition by estimates of capital or start-up costs and Numbered Substantial Holders or any process or manufacture. The costs of operations, maintenance, and Containers. This request for comment is regulations provide for duty free entry purchase of services to provide being made pursuant to the Paperwork of holders or containers of foreign information. The comments that are Reduction Act of 1995 (Pub. L. 104–13; manufacture if duty has been paid submitted will be summarized and 44 U.S.C. 3505(c)(2)). before. included in the Customs request for DATES: Written comments should be Current Actions: There are no changes Office of Management and Budget received on or before June 23, 1997, to to the information collection. This (OMB) approval. All comments will be assured of consideration. submission is being submitted to extend become a matter of public record. In this ADDRESSES: Direct all written comments the expiration date. document Customs is soliciting to U.S. Customs Service, Information Type of Review: Extension (without comments concerning the following Services Group, Room 6216, 1301 change). information collection: Title: Declaration for Free Entry of Constitution Ave., NW, Washington, Affected Public: Businesses, Unaccompanied Articles. D.C. 20229. Institutions. OMB Number: 1515–0053. FOR FURTHER INFORMATION CONTACT: Estimated Number of Respondents: Form Number: N/A. Requests for additional information or 20. Abstract: The Declaration for Free copies of the form(s) and instructions Estimated Time Per Respondent: 4.5 Entry of Unaccompanied Articles, should be directed to U.S. Customs hours. Customs Form 3299, is prepared by the Service, Attn.: J. Edgar Nichols, Room Estimated Total Annual Burden individual or the broker acting as agent 6216, 1301 Constitution Avenue NW, Hours: 90. Washington, D.C. 20229, Tel. (202) 927– for the individual, or in some cases, the Estimated Total Annualized Cost on 1426. Customs officer. It serves as a the Public: N/A. declaration for duty-free entry of SUPPLEMENTARY INFORMATION: Customs merchandise under one of the invites the general public and other Dated: April 16, 1997. applicable provisions of the tariff Federal agencies to comment on J. Edgar Nichols, schedule. proposed and/or continuing information Team Leader, Information Services Group. Current Actions: There are no changes collections pursuant to the Paperwork [FR Doc. 97–10439 Filed 4–22–97; 8:45 am] to the information collection. This Reduction Act of 1995 (Pub. L. 104–13; BILLING CODE 4820±02±P Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19857

DEPARTMENT OF THE TREASURY become a matter of public record. In this § 7811, to release a principal residence document Customs is soliciting of a taxpayer levied upon or to cease Customs Service comments concerning the following any action regarding a principal information collection: residence. Proposed Collection; Comment Title: Drawback Entry Covering Delegated to: Regional Request; Drawback Entry Covering Rejected and Same Condition Commissioners, Assistant Rejected and Same Condition Merchandise. Commissioner (International), and the Merchandise OMB Number: 1515–0020. Regional and International Taxpayer Form Number: Customs Form 7539. Advocates. ACTION: Notice and request for Abstract: This collection is used by an comments. Redelegation: This authority may not importer, filer, or any party at interest be redelegated. SUMMARY: As part of its continuing effort to establish the eligibility of Rejected The authority to modify or rescind a to reduce paperwork and respondent and Same Condition Merchandise, TAO is limited by IRC § 7811(c), as burden, Customs invites the general substitution of Same Condition amended by § 102(b) of Pub. L. 104–168, public and other Federal agencies to Merchandise or Destroyed Merchandise to only the Commissioner, Deputy comment on an information collection for return of duties paid. This collection Commissioner, and Taxpayer Advocate. requirement concerning the Drawback is used by the claimant to provide the Source of Authority: Treasury Order Entry Covering Rejected and Same necessary information for Customs to 150–10. Condition Merchandise. This request for approve the drawback claim. This order supersedes Del. Order 232 comment is being made pursuant to the Current Actions: There are no changes (Rev. 2). to the information collection. This Paperwork Reduction Act of 1995 Dated: April 16, 1997. (Public Law 104–13; 44 U.S.C. submission is being submitted to extend 3505(c)(2)). the expiration date. Lee R. Monks, Type of Review: Extension (without Taxpayer Advocate. DATES: Written comments should be change). received on or before June 23, 1997, to [FR Doc. 97–10413 Filed 4–22–97; 8:45 am] Affected Public: Businesses, be assured of consideration. BILLING CODE 4830±01±U Individuals, Institutions. ADDRESSES: Direct all written comments Estimated Number of Respondents: to U.S. Customs Service, Information 2,100. DEPARTMENT OF VETERANS Services Group, Room 6216, 1301 Estimated Time Per Respondent: 2 AFFAIRS Constitution Ave., NW, Washington, hours. D.C. 20229. Estimated Total Annual Burden Advisory Committee on Minority FOR FURTHER INFORMATION CONTACT: Hours: 22,000. Veterans, Notice of Meeting Requests for additional information or Estimated Total Annualized Cost on copies of the form(s) and instructions the Public: N/A. The Department of Veterans Affairs should be directed to U.S. Customs Dated: April 16, 1997. (VA), in accordance with Public Law Service, Attn.: J. Edgar Nichols, Room J. Edgar Nichols, 103–446, gives notice that a series of 6216, 1301 Constitution Avenue NW, Team Leader, Information Services Group. meetings of the Advisory Committee on Washington, D.C. 20229, Tel. (202) 927– Minority Veterans will be held Monday, [FR Doc. 97–10440 Filed 4–22–97; 8:45 am] 1426. May 19, 1997, through Wednesday May BILLING CODE 4820±02±P SUPPLEMENTARY INFORMATION: Customs 21, 1997, at various sites in Washington invites the general public and other State. The purpose of the Advisory Federal agencies to comment on DEPARTMENT OF THE TREASURY Committee on Minority Veterans is to proposed and/or continuing information advise the Secretary of Veterans Affairs collections pursuant to the Paperwork Internal Revenue Service on the administration of VA benefits Reduction Act of 1995 (Public Law 104– and services for minority veterans and 13; 44 U.S.C. 3505(c)(2)). The comments [Delegation Order 232 (Rev. 3)] to assess the needs of minority veterans should address: (1) Whether the Issuance of Taxpayer Assistance and evaluate whether VA compensation, collection of information is necessary Orders (TAOs) medical and rehabilitation services, for the proper performance of the outreach, and other programs are functions of the agency, including Effective: April 16, 1997. meeting those needs. The Committee whether the information shall have Authority: To issue Taxpayer will make recommendations to the practical utility; (b) the accuracy of the Assistance Orders (TAOs), other than Secretary regarding such activities. agency’s estimates of the burden of the TAOs involving a principal residence, The meeting will be held over the collection of information; (c) ways to under IRC § 7811, as amended by § 102 three day period at the following enhance the quality, utility, and clarity of Pub. L. 104–168 (Taxpayer Bill of locations: Monday, May 18, 1997, from of the information to be collected; (d) Rights 2). 8:30 to 4:30 in Seattle, WA at the Henry ways to minimize the burden including Delegated to: Assistant Commissioner Jackson Federal Building, room 3086A. the use of automated collection (International); Regional Testimony will be received from VA techniques or the use of other forms of Commissioners; District Directors and Medical and Benefits Officials as well as information technology; and (e) Assistant Directors; Service Center from State Veterans Affairs Officials and estimates of capital or start-up costs and Directors and Assistant Directors; invited veterans minority group costs of operations, maintenance, and Regional, Service Center, District, and representatives. The theme of this purchase of services to provide International Taxpayer Advocates. hearing will be ‘‘Access to and the information. The comments that are Redelegation: This authority may be Delivery of VA Benefits and Services to submitted will be summarized and redelegated to an Associate Taxpayer Minority Veterans.’’ On Tuesday, May included in the Customs request for Advocate. 20, 1997, the Committee will divide into Office of Management and Budget Authority: To issue Taxpayer three subcommittees to hold meetings in (OMB) approval. All comments will Assistance Orders (TAOs), under IRC Tacoma, WA, at the AMVETS Hall, from 19858 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

9:30 a.m. to 3:30 p.m.; Veterans Hall, Dated: April 11, 1997. discussions and recommendations will Seattle Center, from 9:30 a.m. to 4:00 By Direction of the Secretary: deal with medical records of specific p.m.; and Portland, OR, site to be Heyward Bannister, patients and individually identifiable determined. The Advisory Committee Committee Management Officer. patient medical histories. The will conduct town hall meetings at the [FR Doc. 97–10441 Filed 4–22–97; 8:45 am] disclosure of this information would three sites on Tuesday to collect BILLING CODE 8320±01±M constitute a clearly unwarranted information from minority veteran invasion of personal privacy. Closure of group representatives and individual this portion of the meeting is in minority veterans. All sessions will be DEPARTMENT OF VETERANS accordance with subsection 10(d) of P.L. open to the public, up to the seating AFFAIRS 92–463, as amended by P.L. 94–409, and capacity of the meeting room. On as cited in 5 U.S.C. 552b(c)(6). Persian Gulf Expert Scientific Wednesday, May 21, the Committee will The agenda for June 16 will begin Committee, Notice of Meeting reconvene as a whole at the VA Puget with a panel discussion on Infectious Sound Health Care System, Seattle The Department of Veterans Affairs Diseases and Persian Gulf Illnesses, Division, room 104, to discuss findings (VA), in accordance with P.L. 92–463, followed by an update on the Spouses from the three Subcommittee town hall and Children of Persian Gulf Vets meetings. The Committee will meet gives notice that a meeting of the VA Persian Gulf Expert Scientific Examination Program. The first day’s with the Northwest Interagency Policy agenda will also cover a follow-up on Council for American Indian Veterans Committee will be held on: VA Epidemiological Programs and and the African American PTSD Group. Monday, June 16, 1997, at 8:30 a.m.– another panel discussion on the Preliminary drafting of the annual 5:00 p.m. Approaches to Unexplained Illnesses. report will begin during this meeting. It Tuesday, June 17, 1997, at 8:30 a.m.– will be necessary for those wishing to 1:30 p.m. On June 17 the Committee will hear attend to contact either of the following: The location of the meeting will be updates on the DoD Persian Gulf Mr. Anthony Hawkins, Department of 810 Vermont Avenue, N.W., Veterans’ Illnesses Investigative Team Veterans Affairs (phone (202) 273– Washington, D.C., Room 230. and on the VA Environmental Hazards 6708); Mr. Jim Bouley, VA Regional The Committee’s objectives are to Research Centers as well as the Office Seattle, (phone (206) 220–6125); advise the Under Secretary for Health Committee’s statements on Health Ms. Frankie Manning, VA Puget Sound about medical findings affecting Persian Effects of Low-Level Chemical Warfare (phone (206) 764–2626); or Ms. Deborah Gulf era veterans. Nerve Agent Exposure. Williams, VA Medical Center Portland At this meeting the Committee will Additional information concerning (phone (503) 402–2903) prior to May 15, review all aspects of patient care and these meetings may be obtained from 1997. The Committee will accept medical diagnoses and will provide the Executive Secretary, Office of Public appropriate written comments from professional consultation as needed. Health & Environmental Hazards, 810 interested parties on issues affecting The Committee may advise on other Vermont Avenue, N.W., Washington, minority veterans. Such comments areas involving research and D.C. 20420. should be referred to the Committee at development, veterans benefits and/or Dated: April 3, 1997. anytime at the following address: training aspects for patients and staff. Advisory Committee on Minority All portions of the meeting will be By Direction of the Secretary. Veterans, Center for Minority Veterans open to the public except from 4:00 p.m. Heyward Bannister, (00M), U.S. Department of Veterans until 5:00 p.m. on June 16 and from Committee Management Officer. Affairs, 810 Vermont Avenue, NW, 12:30 p.m. to 1:30 p.m. on June 17, [FR Doc. 97–10442 Filed 4–22–97; 8:45 am] Washington, DC 20420. 1997. During these executive sessions, BILLING CODE 8320±01±M federal register April 23,1997 Wednesday Funding Availability;Notice Youthbuild Program(FiscalYear1997); Development Housing andUrban Department of Part II 19859 19860 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

DEPARTMENT OF HOUSING AND deadline date will be deemed to have reviewing these NOFAs with respect to URBAN DEVELOPMENT been received on time upon submission their program purposes and the of documentary evidence that they were eligibility of applicants and activities, [Docket No. FR±4197±N±01] placed in transit with the express applicants may be able to relate the activities proposed for funding under Notice of Funding Availability for the delivery service no later than the this NOFA to the recent and upcoming Youthbuild Program for Fiscal Year previous date. Applications may not be NOFAs and to the community’s 1997 submitted by facsimile (FAX). For a copy of the application package, Consolidated Plan. AGENCY: Office of the Assistant contact: Community Connections at 1– With respect to community and Secretary for Community Planning and 800–998–9999, or through the Internet economic development, the following Development, HUD. at gopher://comcon.org:75¤11. Requests related NOFAs have been published: (1) The NOFA for the HUD-Administered ACTION: Notice of Funding Availability for application packages must refer to Small Cities Community Development for the Fiscal Year 1997. the Youthbuild program. The application package contains the Block Grant Program—Development SUMMARY: Purpose. This Notice of required forms and instructions for Grants for Fiscal Year 1997 and the Funding Availability (NOFA) completing a grant request. Requests for Section 108 Loan Guarantee Program for announces the availability of Fiscal Year application packages for the current Small Communities in New York State (FY) 1997 program funds for grant competition should be made (December 3, 1996, at 61 FR 64196); and assistance under the Youthbuild immediately. Community Connections (2) the NOFA for the Community Program established by the Housing and will distribute application packages as Outreach Partnership Centers (March Community Development Act of 1992. soon as they become available. Grant 20, 1997, at 62 FR 13506). The following These funds will be awarded requests not made on 1997 application related NOFAs are expected to be competitively. Only implementation package forms will not be accepted. published in the next few weeks: (1) grants will be funded. The body of this FOR FURTHER INFORMATION CONTACT: The NOFA for the Tenant Opportunity NOFA contains information on the Community Connections at 1–800–998– Program—Economic Development and following: the purpose of the NOFA, 9999. Hearing- and speech-impaired Supportive Services, and (2) the NOFA information regarding eligibility, persons should call the Federal for Historically Black Colleges. To foster available funding, the application Information Relay Service at 1–800– comprehensive, coordinated approaches process and selection criteria. Persons 877–8339. by communities, HUD intends for the not employed by the Department may be remainder of FY 1997 to continue to used in reviewing and rating SUPPLEMENTARY INFORMATION: alert applicants to upcoming and recent applications. Information Collection Requirements NOFAs as each NOFA is published. In Available Funds. Up to $30 million. addition, a complete schedule of NOFAs The information collection to be published during the fiscal year Eligible Applicants. Eligible requirements contained in this NOFA applicants are public or private non- and those already published appears have been approved by the Office of under the HUD Homepage on the profit agencies, state or local housing Management and Budget (OMB) in agencies or authorities, state or local Internet, which can be accessed at http:/ accordance with the Paperwork /www.hud.gov/nofas.html. Additional units of general local government, Reduction Act of 1995 (44 U.S.C. 3501– Indian tribes or any entity eligible to steps on NOFA coordination may be 3520), and assigned OMB control considered for FY 1998. provide education and employment number 2506–0142. An agency may not training under other Federal For help in obtaining a copy of your conduct or sponsor, and a person is not community’s Consolidated Plan, please employment training programs, as required to respond to, a collection of further defined in 24 CFR 585.4. contact the community development information unless the collection office of your municipal government. DATES: Application Submission. An displays a valid control number. original and two copies of the I. Program Purpose Promoting Comprehensive Approaches completed application for grant funds The purposes of the Youthbuild to Housing and Community must be received in HUD Headquarters program are (1) To provide Development prior to 5:00 pm EST on June 23, 1997. economically-disadvantaged young Applications will be accepted at the HUD is interested in promoting adults with opportunities to obtain following address: Processing and comprehensive, coordinated approaches education, employment skills and Control Unit, Office of Community to housing and community meaningful on-site construction work Planning and Development, Department development. Economic development, experience as a service to their of Housing and Urban Development, community development, public communities and a means to achieve 451 Seventh St., SW., Room 7255, housing revitalization, homeownership, self-sufficiency; (2) to foster the Washington, DC 20410. Attn: assisted housing for special needs development of leadership skills and Youthbuild. In addition, one copy of the populations, supportive services, and commitment to community; and (3) to completed application should be welfare-to-work initiatives can work expand the supply of permanent forwarded to the local HUD CPD field better if linked at the local level. affordable housing for homeless and office. Please refer to the attached list Toward this end, HUD in recent years low- and very low-income persons by for the address of the field office serving has developed the Consolidated providing implementation grants for your jurisdiction. Planning process designed to help carrying out a Youthbuild program. Applications which are mailed prior communities undertake such to the deadline date but not received approaches. A. Authority until after the deadline will be deemed In this spirit, it may be helpful for The Youthbuild program is to have been received by the date if applicants under this NOFA to be aware authorized under subtitle D of title IV of postmarked no later than (three days of other related HUD NOFAs that have the National Affordable Housing Act prior) by the U.S. Postal Service. recently been published or are expected (the Act), as added by section 164 of the Express delivery items received after the to be published in the near future. By Housing and Community Development Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19861

Act of 1992 (Pub. L. 102–550, 106 B. Maximum Awards F. Eligible Participants STAT. 3723, 42 U.S.C. 12899). Participants in a Youthbuild program Implementing regulations are found in Under the competition established by this NOFA, the maximum award for a must be very low-income high school the Final Rule published in the Federal dropouts between the ages of 16 and 24, Register dated February 21, 1995, and Youthbuild grant is $700,000. HUD reserves the right to determine the inclusive, at the time of enrollment. Up codified in title 24 of the Code of to 25 percent of participants may be Federal Regulations as part 585. maximum or minimum of any Youthbuild award per application, above very low-income or high school B. Funding Availability project, program or budget line item. No graduates (or equivalent), but must have amendments will be made to awards educational needs that justify their This Notice announces the under this competition that will participation in the program. availability of up to $30 million in increase previously approved grant G. Activities Used To Conduct a program funds. $1.5 million (five amounts. In order to ensure reasonable Youthbuild Program May Include percent of the appropriation) of which geographic diversity, a jurisdiction may (1) Work and activities associated with the is planned for technical assistance not receive more than $2.1 million. consistent with section 458(d) of the acquisition, rehabilitation or construction of Act. C. Locational Considerations the housing and related facilities to be used in the program; C. Objectives Each application for a grant may only (2) Relocation payments and other propose activities to carry out one assistance required to comply with 24 CFR The Youthbuild program is designed 585.308. Youthbuild program, i.e., to start a new (3) Costs of ongoing training and technical to help disadvantaged young adults who Youthbuild program or to fund new have dropped out of high school to (1) assistance needs related to carrying out a classes of Youthbuild participants for an Youthbuild program; Obtain the education and employment existing program. The same applicant (4) Education, job training, counseling, skills necessary to achieve economic organization may submit more than one employment and leadership development self-sufficiency and (2) develop application in the current competition if services and activities; leadership skills and a commitment to the proposed program’s participant (5) Wages, benefits and need-based community development in low-income recruitment and housing areas are in stipends for participants; and (6) Administrative costs. Youthbuild funds communities. Grant funds can be used different jurisdictions. HUD will not to fund eligible services and activities as for these costs should not exceed 20 percent approve multiple applications for grants of the total amount of Youthbuild assistance. defined by the Act. in the same jurisdiction unless HUD Another important objective of the determines that the jurisdiction is Refer to 24 CFR 585.305 for further Youthbuild program is to expand the sufficiently large to justify approval of details on eligible activities. supply of permanent affordable housing more than one application. H. Resources From Other Federal, State, for homeless persons and members of Local or Private Entities D. Eligible Applicants low- and very low-income families. Applicants are strongly encouraged to Providing disadvantaged young adults Eligible applicants are public or use existing housing and homeless with meaningful on-site training private non-profit agencies, State or assistance programs administered by experiences in housing construction and local housing agencies or authorities, HUD or other Federal, State, local or rehabilitation enables them to provide a state or local units of general local private housing programs as part of their service to their communities by helping government, Indian tribes or any entity Youthbuild program. Use of other non- to meet the housing needs of homeless eligible to provide education and Youthbuild funds available for and low-income families. employment training under other vocational, adult and bilingual An additional purpose of the program Federal employment training programs, education programs or for job training is to give, to the greatest extent feasible, as further defined in 24 CFR 585.4. under the JTPA Act and the Family and consistent with existing Federal, Support Act of 1988 is also encouraged. E. Youthbuild Program Components State and local laws and regulation, job The selection process described in this training, employment, contracting and Youthbuild programs receiving NOFA provides for applicants to receive other economic opportunities to low- assistance under this NOFA must points where grant applications contain income persons and business concerns. contain the three components described firm commitments from Federal, State, To that purpose, section 3 of the in items (1), (2) and (4) below. Other local or private sources to provide Housing and Urban Development Act of activities described in item (3) are resources to carry out Youthbuild 1968 (12 U.S.C. 1701u) is applicable to optional. activities. Youthbuild implementation grant recipients. (1) Educational and job training services. I. Environmental Procedures and (2) Leadership training, counseling and Standards II. Overview of Youthbuild other support activities. Applicants are strongly encouraged to Implementation Grants (3) Special activities such as select hazard-free and problem-free entrepreneurial training, drivers’ education, A. Type of Grants properties for their Youthbuild projects. internships, programs for those with learning Environmental procedures apply to disabilities, and in-house staff training. HUD will award Youthbuild HUD approval of grants when the (Optional) implementation grants only to eligible applicant proposes to use Youthbuild (4) On-site training through actual housing applicants for the purpose of carrying rehabilitation and/or construction work. Each funds to cover any costs for the lease, out Youthbuild programs in accordance program must be structured so that 50 acquisition, rehabilitation or new with subtitle D of title IV of the Act. percent of each participant’s time is spent in construction of real property proposed Applications will be selected in a on-site training. for housing project development. competition in accordance with the Environmental procedures do not apply grant selection process described in Refer to 24 CFR 585.3 for a detailed to HUD approval of applications when section V below. description of program components. applicants propose to use their 19862 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

Youthbuild funds solely to cover any income persons from economically- persons receiving public assistance; and costs for classroom and/or on-the-job distressed neighborhoods. (iii) recruitment arrangements made construction training and support (ii) Young adult leadership development with public agencies, courts, homeless services. training and related activities for young shelters, local school systems, adults. For those applicants that propose to (iii) Young adult on-site training in community-based organizations, etc.; use their Youthbuild funds to cover any housing construction or rehabilitation for the (b) Educational and job training costs of the lease, acquisition, production of sound and affordable housing services and activities: a description of rehabilitation, or new construction of for the homeless and low-income families. the educational component of the real property, the applicant shall submit (b) The extent to which the applicant or program, including: (i) the types of all relevant environmental information participating parties have been successful in instructional services to be provided; (ii) in its application to support HUD past education, training and employment the number and qualification of program programs and activities, including Federally- instructors and ratio of instructors to decision-making in accordance with the funded Youthbuild programs. Previous environmental procedures and Youthbuild grant recipients must submit a participants; (iii) realistic scheduling standards set forth in 24 CFR 585.307. performance narrative as outlined in the plan for classroom and on-the-job application package. training: and (iv) reasonable payments J. Grant Period (c) The extent to which the applicant, of participants’ wages, stipends, and Funds awarded should be used within including program director or principal incentives. 30 months of the effective date of the person, or participating parties have (c) Leadership development: a grant agreement. demonstrated past ability to leverage other description of the leadership resources to cover administrative, educational and training costs and have development training to be offered to III. Selection Criteria for Youthbuild participants including the strategies, Applications demonstrated ability to implement creative and innovative cost-saving measures. activities and plans to build group Due to an order of the U.S. District (d) The extent of prior program quality and cohesion and peer support. Court for the Northern District, Dallas cost-effectiveness. (d) Support services: a description Division, in Walker v. HUD, with (2) Need: the need for the proposed and documentation of counseling and respect to any application by the City of program, as determined by the degree of referral services to be offered to Dallas, Texas, HUD’s evaluation of the distress of the community. (Max. points: participants, including the type of quality of the application will consider 20). In assigning points for this counseling, social services and/or need- the extent to which the applicant’s criterion, HUD will consider the relative based stipends to be provided proposed program for the use of degree of distress of the jurisdiction(s) (supported by letters of commitments Youthbuild funds will be used to from which participants will be from providers). eradicate the vestiges of racial recruited and in which the housing will (e) Coordination and cost-efficiency: a segregation in the Dallas Housing be constructed or rehabilitated. HUD description and documentation of how Authority’s programs, consistent with will also assign points by calculating the the Youthbuild program will benefit the the Court’s order (see paragraph 8 degree of need of the jurisdiction(s) in maximum number of young adults by below). which the program will be located using making use of other public and private HUD will review each application and the CDBG formula. resources, programs and services (in assign points in accordance with the (3) Program Quality and Feasibility: addition to those referenced above) selection criteria described in this comprehensiveness and effectiveness of which sufficiently reduce the cost section. Each application may receive the proposed Youthbuild program. burden to the Youthbuild program in up to 100 points. In addition, (Max. points: 35). HUD will consider the the following areas: (i) education, job applications may receive up to 5 points overall quality and feasibility of the training, and child care; (ii) on-site for Americorps participation (see proposed program as measured by the housing construction/rehabilitation paragraph 7 below), and 10 principles and goals of the proposed training; (iii) homeless and housing Empowerment Zone/Enterprise program; whether proposed program programs; (iv) apprenticeship programs Community points (see paragraph 6 activities meet the overall objectives of of local building trade unions; and (v) below). the Youthbuild program; whether the administrative, overhead and salary (1) Capability: the qualification and proposed program activities will be costs. experience of the applicant and accomplished within a reasonable (f) On-site training: a description of (i) participating parties. (Max. points: 25) amount of time and in a cost effective the housing construction or The capability of the applicant and manner; whether the proposed program rehabilitation activities to be undertaken participating parties to implement a activities are comprehensive and by participants at the site(s) to be used successful young adult education and integrated; and the potential for success for the on-site training component of the training program within a reasonable of the proposed program. Areas to be program, (ii) the qualification and time period and in a cost-effective considered in the evaluation of the number of on-site supervisors, (iii) the manner as demonstrated through past overall quality of proposed program ratio of trainers to students, (iv) the ratio performance. HUD will review and area: of students per site and (v) the amounts, evaluate the information provided (a) Outreach, recruitment and reasonable wages and/or stipends to be documenting Capability. In assigning selection activities: a description of the paid to participants during on-site work. points for this criterion, evidence in the proposed: (i) outreach, recruitment (g) Job placement assistance: a application that demonstrates the (including specific steps to be taken to description of the applicant’s following will be considered: attract potential eligible participants commitments, strategies and procedures who are unlikely to be aware of this for (i) participant placement in (a) Experience in implementing a comprehensive, integrated, multi- program because of race, ethnicity, sex meaningful employment, enrollment in disciplinary program with the following or disability) and selection strategies; post-secondary education programs, job components: (ii) special outreach efforts to recruit development, starting business (i) Young adult education and training eligible young women and young enterprises, or other opportunities programs, including programs for low- women with dependent children, and leading to economic independence; and Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19863

(ii) follow-up assistance and support as an Americorps program sponsor. a. Initial screening: During the period activities to program graduates. Application must receive a combined immediately following the application (h) Program evaluation: a description score of at least 50 points for selection deadline, HUD will screen each of a comprehensive evaluation plan that criteria (1), (2), and (3) under Section III application to determine eligibility. is designed to measure the success of in order to be eligible for Americorps Applications will be rejected if they (1) the program. points. Are submitted by ineligible applicants, (4) Program Resources: firm (8) Court-ordered Consideration: due (2) do not use the FY 1997 application commitment of resources obtained from to an order of the U.S. District Court for package, (3) propose a program for other Federal, State, local and private the Northern District of Texas, Dallas which significant activities are sources. (Max. points 10). In assigning Division, with respect to any ineligible, (4) there are any outstanding points for this criterion, HUD will application by the City of Dallas, Texas, findings of noncompliance with civil consider the level of non-housing for HUD funds, HUD shall consider the rights statutes, Executive orders or resources obtained for cash or in-kind extent to which the Youthbuild strategy regulation, as a result of formal contribution to cover the following for the Dallas area will be used to administrative proceedings or the kinds of areas: eradicate the vestiges of segregation in Secretary has issued a charge against the (a) Social services (i.e., counseling and the Dallas Housing Authority’s low- applicant under the Fair Housing Act, training); income housing programs. The City of unless the applicant is operating under (b) Use of existing vocational, adult, Dallas should address the effect, if any, a conciliation or compliance agreement bilingual educational courses; that vestiges of racial segregation in designed to correct the areas of (c) Donation of labor, resource personnel, noncompliance, (5) are submitted by supplies, materials, classroom and/or Dallas Housing Authority’s low-income housing programs have on potential applicants that have major unresolved meeting space; audit or monitoring findings, or (6) has (d) other commitments. participants in the Youthbuild program and identify proposed actions for not submitted information necessary to (5) Housing Program Priority Points: qualify them for an award, i.e., 10 priority points will be assigned to all remedying those vestiges. HUD may add up to 2 points to the application score environmental procedure information. applications that contain evidence that b. Rating and Ranking: Each eligible based on this consideration. housing resources from other Federal, application will be rated based upon the state, local or private sources that are IV. Application Requirements criteria described in section III of this available to cover the cost, in full, for NOFA, with a maximum of 115 points Applicants must complete and submit the following housing activities for the assigned. Using the scores assigned, the applications for Youthbuild grants in proposed Youthbuild program: application will be placed in rank order. acquisition, architectural and accordance with instructions contained Applications will be preliminarily engineering fees, construction and in the FY 1997 Youthbuild application selected for funding in accordance with rehabilitation. Applications that do not package. The application package will their rank order. include proper documentation of request information in sufficient detail If two or more applications have the commitment of non-Youthbuild for HUD to determine whether the same score and there are insufficient resources or propose to use Youthbuild proposed activities are feasible and meet funds to fund all of them, the grant funds, in whole or in part, for any all the requirements of applicable application(s) with the highest score for one of the housing activities listed statutes and regulations. The the Program Quality and Feasibility above will not be entitled to the ten application package requires a criterion shall be elected. In the event of priority points. description of the applicant’s and a procedural error that, when corrected, Housing resources will not be used in participating parties’ experiences in would result in selection of an evaluation of the program resources young adult and housing programs, a otherwise eligible applicant during the criterion. description of the proposed Youthbuild funding round under this NOFA, HUD program, a description and may select that application when Bonus Points documentation of other public and sufficient funds become available. (6) Empowerment Zone/Enterprise private resources to be used for the c. Clarification of Application Community: Up to 10 points will be program, including other housing Information: In accordance with the assigned based on documentation that resources, a schedule for the program, provisions of 24 CFR part 4, subpart B, the proposed program will support the budgets, identification of housing HUD may contact an applicant to seek Strategic Plan for a federally designated sites(s) and demonstration of site access. clarification of an item in the urban or rural Empowerment Zone, The application package also contains application, or to request additional or Enterprise Community or Supplemental necessary certifications to Federal missing information, but the Empowerment Zone. Up to five points requirements. Applicants must also clarification or the request for additional will be assigned based on certify that the proposed activities are or missing information shall not relate documentation that the proposed consistent with the HUD-approved to items that would improve the program will support the Strategic plan Consolidated Plan in accordance with substantive quality of the application for a Champion Community (applied 24 CFR part 91. Applicants should refer pertinent to the funding decision. For for, but did not receive a designation). to the Youthbuild application package the Youthbuild program, these Application must receive a combined for further instructions. clarification items include, but are not limited to: (1) Missing or unsigned score of at least 50 points for selection V. Selection Process criteria (1), (2), and (3) under Section III program certifications or SF424; (2) in order to be eligible for Empowerment In order to afford applicants every failure to target the outreach and Zone/Enterprise Community or opportunity to submit a ratable recruitment efforts to be used by the Champion Community points. application, while at the same time program to disadvantaged young adults (7) Americorps Participation Bonus: ensuring the fairness, integrity and between the ages of 16 and 24 years; (3) Up to 5 points may be assigned to timeliness of the selection process, HUD failure to structure the proposed Youthbuild applicants who provide is adopting the following application program so that 50 percent of evidence of application and/or selection submission and selection procedures: participant’s time is devoted to 19864 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices educational activities and 50 percent to of the policies contained in this NOFA Disclosures. HUD will make available on-site training; (4) incomplete will have a potential significant impact to the public for five years all applicant documentation showing that the on the formation, maintenance and disclosure reports (HUD Form 2880) applicant has obtained access to the general well-being of the family. The submitted in connection with this housing site(s); (5) failure to designate expected expansion of the housing NOFA. Update reports (also Form 2880) the housing to be produced for use by supply for homeless and low- and very will be made available along with the appropriate population; and (6) failure low-income persons and the provision applicant disclosure reports, but in no to identify the housing to be used for of opportunities to economically case for a period less than three years. on-site training. disadvantaged young adults to enhance All reports—both applicant disclosures d. Potential Environmental their education and employment skills and updates—will be made available in Disqualification: HUD reserves the right will provide a positive impact on the accordance with the Freedom of to disqualify an application where one family maintenance and general well- Information Act (5 U.S.C. 552) and or more environmental thresholds are being. However, since the impact on the HUD’s implementing regulations at 24 exceeded if it is determined that the family is beneficial and the program CFR part 15. environmental review cannot be involves very little HUD discretion, no e. Section 103 of the HUD Reform conducted and satisfactorily completed further review is necessary. Act—Prohibition of Advance by HUD within the HUD review period. c. Federalism Executive Order. The Disclosures of Funding Decisions. (See 24 CFR 585.307.) General Counsel, as the Designated HUD’s regulation implementing section e. Reduction in Requested Grant Official under section 7(a) of the 103 of the HUD Reform Act, codified as Amount: HUD may approve an Executive Order 12612, Federalism, has 24 CFR part 4, applies to the funding application for an amount lower than determined that the policies contained competition announced today. The the amount requested by the applicant. in this NOFA do not have ‘‘Federalism’’ requirements of the rule continue to In addition, HUD will adjust line items implications because they do not have apply until the announcement of the in the proposed grant budget within the substantial direct effects on the States selection of successful applicants. amount requested if it determines that: (including their political subdivisions), HUD employees involved in the (1) The amount requested for one or or on the distribution of power and review of applications and in the more eligible activities is not supported responsibilities among the various making of funding decisions are in the application or is unreasonably levels of government. restrained by part 4 from providing related to the service or activity to be d. Section 102 of the HUD Reform advance information to any person carried out; Act—Accountability in the Provision of (other than persons authorized to (2) An activity proposed for funding HUD Assistance. Section 102 of the receive such information) concerning does not qualify as an eligible activity Department of Housing and Urban funding decisions, or from otherwise and can be separated in the budget; Development Reform Act of 1989 (HUD giving any applicant an unfair (3) The amount requested exceeds the Reform Act) and the final rule codified competitive advantage. Persons who total cost limitation established for a at 24 CFR part 4, subpart A, published apply for assistance in this competition grant; or on April 1, 1996 (61 FR 1448), contain should confine their inquiries to the (4) Insufficient funds remain for the a number of provisions that are subject areas permitted under 24 CFR entire request. designed to ensure greater part 4. f. Notification of Approval or accountability and integrity in the Applicants or employees who have Disapproval: HUD will notify the provision of certain types of assistance ethics-related questions should contact selected applicants and the applicants administered by HUD. On January 14, the HUD Ethics Law Division (202) 708– that have not been selected. HUD’s 1992, HUD published, at 57 FR 1942, a 3815 (voice), (202) 708–1112 (TTY). notification to a selected applicant of notice that also provides information on (These are not toll-free numbers.) For the amount of the grant award based on the implementation of section 102. The HUD employees who have specific the approved application will constitute documentation, public access, and program questions, the employee should a preliminary approval by HUD, subject disclosure requirements of section 102 contact the appropriate Field Office to HUD and recipient execution of the are applicable to assistance awarded Counsel or Headquarters Counsel for the grant agreement to initiate program under this NOFA as follows: program to which the question pertains. activities. Documentation and public access f. Fair Housing and Equal requirements. HUD will ensure that Opportunity. Applications must contain VI. Other Matters documentation and other information a certification that the applicant will a. Environmental Impact. This NOFA regarding each application submitted comply with the requirements of the provides funding under, and does not pursuant to this NOFA are sufficient to Fair Housing Act, title VI of the Civil alter the environmental provisions of, indicate the basis upon which Rights Act of 1964, section 504 of the regulations in 24 CFR part 585, which assistance was provided or denied. This Rehabilitation Act of 1973, and the Age has been published previously in the material, including any letters of Discrimination Act of 1975, and will Federal Register. Accordingly, under 24 support, will be made available for affirmatively further fair housing. CFR 50.19(c)(5), this NOFA is public inspection for a five-year period g. Prohibition Against Lobbying categorically excluded from beginning not less than 30 days after the Activities. The use of funds awarded environmental review under the award of the assistance. Material will be under this NOFA is subject to the National Environmental Policy Act of made available in accordance with the disclosure requirements and prohibition 1969 (42 U.S.C. 4321). Grantees must Freedom of Information Act (5 U.S.C. of section 319 of the Department of the comply with the regulations in 24 CFR 552) and HUD’s implementing Interior and Related Agencies part 585, including the environmental regulations at 24 CFR part 15. In Appropriations Act for Fiscal Year 1990 review procedures in 24 CFR 585.307. addition, HUD will include the (31 U.S.C. 1352) and the implementing b. Family Executive Order. The recipients of assistance pursuant to this regulation at 24 CFR part 87. These General Counsel as the Designated NOFA in its Federal Register notice of authorities prohibit recipients of Federal Official under Executive Order 12606, all recipients of HUD assistance contracts, grants, or loans from using The Family, has determined that some awarded on a competitive basis. appropriated funds for lobbying the Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19865

Executive or Legislative Branches of the Street, Fifth Floor, Buffalo, NY 477 Michigan Avenue, Detroit, MI Federal Government in connection with 14203–1780 48226–2592 a specific contract, grant or loan. The CPD Division Director, California State CPD Division Director, Minnesota State prohibition also covers the awarding of Office, 450 Golden Gate Avenue, San Office, 220 Second St. South, contracts, grants, cooperative Francisco, CA 94102–3448 Minneapolis, MN 55401–2195 agreements, or loans unless the CPD Division Director, Caribbean Office, CPD Division Director, Mississippi State recipient has made an acceptable 159 Carlos Chardon Ave., San Juan, Office, Room 910, 100 West Capitol certification regarding lobbying. Under PR 00918–1804 Street, Jackson, MS 39269–1096 24 CFR part 87 and 7 CFR part 1944, CPD Division Director, Colorado State CPD Division Director, Nebraska State subpart G, applicants, recipients and Office, First Interstate Tower North, Office, 10909 Mill Valley Road, subrecipients of assistance exceeding 633 17th Street, Denver, CO 80202– Omaha, NE 68154–3955 $100,000 must certify that no Federal 3607 CPD Division Director, New Hampshire funds have been or will be spent on CPD Division Director, Connecticut State Office, Norris Cotton Federal lobbying activities in connection with State Office, First Floor, 330 Main Bldg., 275 Chestnut Street, the assistance. Street, Hartford, CT 06106–1860 Manchester, NH 03101–2487 Indian Housing Authorities (IHAs) CPD Division Director, District of CPD Division Director, New Jersey State established by an Indian tribe as a result Columbia Office, Room 300, 820 First Office, 13th Floor, One Newark of the exercise of the tribe’s sovereign Street, NE., Washington, DC 20002– Center, Newark, NJ 07102–5260 power are excluded from coverage of the 4205 CPD Division Director, New Mexico Byrd Amendment, but IHAs established CPD Division Director, Florida State State Office, 625 Truman Street, N.E., under State law are not excluded from Office, Suite 500, 1320 South Dixie Albuquerque, NM 87110–6443 the statute’s coverage. Hwy., Coral Gables, FL 33164–2911 CPD Division Director, New York State Required Reporting. A certification is CPD Division Director, Georgia State Office, 26 Federal Plaza, New York, required at the time application for Office, Russell Federal Building, 75 NY 07102–5260 funds is made that federally- Spring Street, SW., Atlanta, GA CPD Division Director, North Carolina appropriated funds are not being or 30303–3388 Office, Koger Building 2306 West CPD Division Director, Hawaii State have not been used in violation of Meadowview Road, Greensboro, NC Office, 7 Waterfront Plaza, 500 Ala section 319 and the disclosure will be 27407–3707 Moana Blvd., Honolulu, HI 96813– made of payments for lobbying with CPD Division Director, Ohio State other than federally-appropriated funds. 4918 CPD Division Director, Illinois State Office, 200 North High Street, Also, there is a standard disclosure Office, 77 West Jackson Blvd., Columbus, OH 43215–2499 form, SF–LLL, ‘‘Disclosure Form to CPD Division Director, Oklahoma State Chicago, IL 60604–3507 Report Lobbying’’, which must be used CPD Division Director, Indiana State Office, Suite 400, 500 Main Place, to disclose lobbying with other than Office, 151 North Delaware Street, Oklahoma City, OK 73102 federally-appropriated funds at the time Indianapolis, IN 46204–2526 CPD Division Director, Oregon State of application. CPD Division Director, Jacksonville Office, Suite 700, 400 Southwest h. Drug-Free Workplace. The Drug- Area Office, Southern Bell Tower, 301 Sixth Avenue, Portland, OR 97204– Free Workplace Act of 1988 (41 U.S.C. West Bay Street, Jacksonville, FL 1632 701) requires grantees of Federal 32202–5121 CPD Division Director, Pennsylvania agencies to certify that they will provide CPD Division Director, Kansas/Missouri State Office, The Wannamaker drug-free workplaces. Each potential State Office, Gateway Tower II, 400 Building, 100 Penn Square East, recipient under this NOFA must certify State Avenue, Room 200, Kansas City, Philadelphia, PA 19107–3390 that it will comply with the drug-free KS 66101–2406 CPD Division Director, Pittsburgh Area workplace requirements of the Drug- CPD Division Director, Kentucky State Office, Sixth Floor 339 Sixth Avenue, Free Workplace Act of 1988 and HUD’s Office, P.O. Box 1044, 601 W. Pittsburgh, PA 15222–2515 implementing regulation at 24 CFR part Broadway, Louisville, KY 40201–1044 CPD Division Director, San Antonio 24, subpart F. CPD Division Director, Knoxville Area Area Office, Washington Square, 800 i. Catalog of Federal Domestic Office, 710 Locust Street, Knoxville, Dolorosa Street, San Antonio, TX Assistance. The Catalog of Federal TN 37902–2526 78207 Domestic Assistance number is 14.243. CPD Division Director, Los Angeles CPD Division Director, South Carolina Dated: April 16, 1997. Area Office, 611 W. Sixth St., STE State Office, Building 1835, 45 Jacquie M. Lawing, 800, Los Angeles, CA 90017 Assembly Street, Columbia, SC Acting Assistant Secretary for Community CPD Division Director, Louisiana State 29201–2480 Planning and Development. Office, 9th Floor, Hale Boggs, 501 CPD Division Director, St. Louis Area Magazine Street, New Orleans, LA Office, Third Floor 1222 Spruce CPD Field Offices 70130–3099 Street, St. Louis, MO 63103–2836 CPD Division Director, Alabama State CPD Division Director, Maryland State CPD Division Director, Texas State Office, Suite 300, 600 Beacon Office, City Crescent Building, 10 Office, 1600 Throckmorton, Fort Parkway West, Birmingham, AL South Howard Street, Baltimore, MD Worth, TX 76113–2905 35209–3144 21201–2505 CPD Division Director, Virginia State CPD Division Director, Alaska State CPD Division Director, Massachusetts Office, 3600 West Broad Street, Office, Suite 401, 949 East 36th State Office, Room 531, 10 Causeway Richmond, VA 23230–0331 Avenue, Anchorage, AK 99508–4399 Street, Boston, MA 02222–1092 CPD Division Director, Washington CPD Division Director, Arizona State Manchester Office (CPD Division), State Office, Suite 200, 909 1St Office, Two Arizona Center, Suite Massachusetts State Office, Room 531, Avenue, Seattle, WA 98104–1000 1600, 400 North Fifth Street, Phoenix, 10 Causeway Street, Boston, MA CPD Division Director, Wisconsin State AZ 85004–2361 02222–1092 Office, Suite 1380, 310 West CPD Division Director, Buffalo Area CPD Division Director, Michigan State Wisconsin Avenue, Milwaukee, WI Office, Lafayette Court, 465 Main Office, Patrick McNamara Building, 53203–2289 19866 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

CPD Division Director, Arkansas State Office, TCBY Tower, 425 West Capitol Ave., Ste 900, Little Rock, AR 72201– 3488 [FR Doc. 97–10446 Filed 4–22–97; 8:45 am] BILLING CODE 4210±29±P federal register April 23,1997 Wednesday Information Collection;Notice Intent toExtendaCurrentlyApproved and ExtensionService Cooperative StateResearch,Education, Agriculture Department of Part III 19867 19868 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

DEPARTMENT OF AGRICULTURE need for the proposed facility; results of Department, and the general public in a the study are reported to Congress. timely fashion. Cooperative State Research, Where funding is provided by Congress Project Description: Applicants are Education, and Extension Service in subsequent years, applicants are not asked to provide brief information on required to repeat information provided the scope of the proposed project, Notice of Intent to Extend a Currently in a previous year—instead, CSREES factors that led to a need for the Approved Information Collection requests updated information, focusing construction, ways in which financial AGENCY: Cooperative State Research, on any changes in construction plans, assistance from CSREES will enhance Education, and Extension Service, progress made in completing the programmatic activities to be carried out USDA. facility, problems encountered, and in the facility, benefits to be gained from commencing the project during the ACTION: current financial data. This information Notice and request for current fiscal year, a general description comments. is used to determine grantee compliance with the purposes of the original grant of the physical site upon which it is SUMMARY: In accordance with the award (or to approve minor changes planned to erect the facility, a Paperwork Reduction Act of 1995, this necessitated by altered circumstances), description of any preliminary work notice announces the Cooperative State determine whether the project is on that has been performed to date, an Research, Education, and Extension schedule and within budget, and outline of plans to obtain any required Service’s (CSREES) intention to request provide a means to justify further licenses or permits, a description of the an extension for three years for a financial support. On a one-time basis, facility as it is envisioned to be currently approved information each grantee also is required to submit completed, capacity of existing utility collection in support of the CSREES environmental information and a systems to service the new space, an Buildings and Facilities Grants Program. certificate of facility completion, both of outline of any problems that could delay the start or completion of the project, DATES: Comments on this notice must be which are included in the Program procedures to be used in accomplishing received by June 27, 1997, to be assured Guidelines or Forms Package. The fundamental purposes of the project objectives, and a tentative of consideration. schedule for completing major activities ADDITIONAL INFORMATION OR COMMENTS: forms included in the Forms Package are to facilitate the submission of associated with the effort. This Contact Sally J. Rockey, Deputy information provides merit reviewers Administrator, Competitive Research proposals by applicant institutions; to ensure that information is supplied in and agency officials with an Grants and Awards Management, understanding of the applicant’s need CSREES, USDA, STOP 2240, 1400 an informative manner to enhance understanding by CSREES officials so for undertaking the project and Independence Avenue, S.W., establishes a basis for possible Federal that proposals can be processed more Washington, D.C. 20250–2240, (202) financial support. In addition, it is used quickly; and to see that parallel 401–1766. E-mail: [email protected]. to respond to Congressional requests for information is received for each project specific project information and to assist SUPPLEMENTARY INFORMATION: to ensure equitable treatment for all CSREES program officials in recipients. The information is used by Title: CSREES/Buildings and familiarizing themselves with the CSREES officials and outside reviewers Facilities Grants Program, Program project prior to making pre-and post- to evaluate the technical, financial, and Guidelines and Forms Package. award site visits. OMB Number: 0524–0029. administrative merit of proposals and to Program Description: Information is Expiration Date of Current Approval: respond to inquiries from Congress, the requested on the programs that are August 31, 1997. Department, and the grantee proposed to be housed in the completed Type of Request: Extension of a community. However, the forms are not space, including new or enhanced currently approved information designed to be statistical surveys or data programs, and the relevance of these collection. collection instruments. The completion programs to research and allied work in Abstract: The enabling legislation for of the forms by potential recipients is a the food and agricultural sciences. This the Research Facilities Program is normal part of applying to CSREES for information is required to ensure contained in Pub. L. No. 88–74 (7 U.S.C. financial support. Without this compliance with Conference Report 390 et seq.) and the annual Agriculture, information, CSREES would not be able language, which requires that programs Rural Development, Food and Drug to award these grant projects. This to be carried out in these facilities be Administration, and Related Agencies information collection is due to expire complementary to overall Departmental Appropriations Act provides funding to on August 31, 1997. CSREES intends to programs. This information also is the CSREES for the support of request an extension of three years. required to be sure that the proposed construction grant projects. Project Upon approval, the following programs do not unnecessarily recipients (and funding levels for each) information will continue to be duplicate programs being conducted are identified in the annual House and collected: elsewhere within the institution’s State Senate Conference Reports. Due to the Table of Contents: A table of contents or region. high cost of constructing facilities, is optional; it is requested only for Management Structure: This calls for funding for each project normally is proposals of unusual length or description of the organizational provided by Congress on an incremental complexity and provided at the management structure that is planned basis over a period of several years. discretion of the institution. It is used to for the completed facility. The purpose Prior to the actual award of funds, facilitate the location of information by of requesting such information is to targeted recipients are contacted and merit reviewers and CSREES officials. ensure that viable management, asked to submit information to CSREES Project Summary: This is a short integrated with the rest of the relating to their projects. In the first summary of the project that focuses on institution, will be in place so that the year, the information collected from the broad goals associated with the facility and the programs it is intended each prospective recipient is used by a construction effort. It is required to to house will function properly after the team of subject-matter experts to enable CSREES to provide project- facility becomes operational. It also conduct an on-site visit to determine the related information to Congress, the demonstrates the level of institutional Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19869 thought that has gone into planning the Quality at 40 CFR Parts 1500–1508, as to Congress and the Department, to facility, thereby helping to justify adopted and supplemented by USDA at facilitate monitoring efforts, and to Federal financial support to assist in 7 CFR 1b and by CSREES at 7 CFR Part determine project growth. constructing the facility. 3407. While there is no prescribed CSREES–860—Certificate of Facility Alternative: Applicants are asked to format that must be used in submitting Completion: This is a two-sided form outline alternatives to the proposed this information, CSREES developed a that is required on a one-time basis but facility that were considered by the suggested format to assist in focusing it is not submitted as part of the actual institution prior to settling upon the one grantees’ attention on salient issues that grant application. The first side is a at hand. This information is used by need to be addressed. certificate, prepared and signed by the merit reviewers and CSREES officials to CSREES–850—Grant Application— design team, attesting to physical determine whether or not the project Facilities Project: This form is the cover attributes of the facility; and the reverse being considered for funding is the best sheet of each application and provides of the form, completed by the grantee, alternative vis-a-vis other options. base-line information relating to the is a certification of occupancy and list Contingency Plan: This is an outline applicant institution and the of programs to be housed in the new of the institution’s fallback plan to fund construction project for which funding space. This information is required to the facility from other sources in the is targeted. This information serves as provide a record of final inspection and event Federal funding is delayed, is part of CSREES’ statistical data base for acceptance of the facility by the owner reduced significantly, or is not the dissemination of information to and also to ensure that the programs for forthcoming. It provides merit reviewers Congress, the Department, and other which the facility was constructed will and CSREES officials with important interested parties. In addition, the actually occupy the facility during the information relating to the priority of signatures at the bottom of the page period of Federal financial interest. the facility on the institution’s master provide legal assurance that the Estimate of Burden: Public reporting plan. (Is the facility of such high priority proposed project is sanctioned by top- burden for: an initial grant proposal is that the institution is committed to level officials of the institution. estimated to average 22 hours per constructing it regardless of funding CSREES–851—Budget—Facilities response; a follow-on application is source, or will it abandon the project Project: This form provides a breakdown estimated to average 10 hours per unless Federal funds are provided?) of planning and construction funds response; an environmental assessment Operating Costs: Applicants are asked requested from CSREES, as well as those is estimated to average 10 hours per to describe their plans for operating and that are intended to be provided from response; and Form CSREES–860, maintaining the facility after non-Federal funds. This information Certification of Facility Completion, is construction has been completed, permits CSREES officials to review the estimated to average 2 hours per including the source(s) of operating applicant’s proposed financial response. funds. This is required in response to expenditure plan to evaluate the Respondents: Organizations identified Congressional language requiring that reasonableness and allowability of costs in the annual House and Senate recipients be willing and able to operate being proposed. Conference Reports. and maintain the facility with non- CSREES–852—Current and Pending Estimated Number of Responses per Federal funds after occupancy. Support—Facilities Project: This form Respondent: The FY 1998 estimate on Biographical Information: A brief requests a listing of all recent, current, the number of responses per respondent biographical sketch (or curriculum and/or pending support for the is based on numbers associated with FY vitae) is required for key institutional construction or renovation of program 1997 funding. As such, the estimated personnel who are expected to be facilities from a source external to the number of respondents are one initial involved in the project. This applicant institution. This information proposal, 19 follow-on applications, 42 information is needed to persuade merit allows CSREES officials to determine environmental assessments, and 14 for reviewers and CSREES officials that whether or not the construction funding Form CSREES–860. institutional personnel assigned to being requested duplicates (or overlaps Estimated Total Annual Burden on planning and overseeing completion of with) similar construction projects Respondents: 300 hours, broken down the facility are qualified to do so. This funded by one or more other sponsors. by: 22 hours for the initial proposal (22 sketch normally does not have to be CSREES–853—Program hours per one respondent); 190 hours written for the proposal being Certification—Facilities Project: This for follow-on applications (10 hours per submitted—all project leaders develop form collects minimal information to 19 respondents); 420 hours for the and keep curricula vitae on file to be ensure applicant compliance with the environmental assessment (10 hours per used as the need arises. Food Disaster Protection Act of 1973, 42 respondents); and 28 hours for the Administrative Certifications: Pub. L. No. 93–234 (42 U.S.C. 4001– Form CSREES–860 (two hours per 14 Applicants are required by law or 4128) and implementing regulations respondents). regulation to complete administrative established by the Federal Emergency Copies of this information collection certifications to assist in determining Management Agency (44 CFR Part 75); can be obtained from Melanie their eligibility for Federal funds. and the Coastal Barrier Resources Act, Krizmanich, Policy and Program Liaison Environmental Assessment: This Pub. L. No. 97–348 (16 U.S.C. 3501 et Staff, CSREES, (202) 401–1762. E-mail: information is requested, on a one-time seq.), as amended. This information is [email protected]. basis, of all grantees prior to their being required by Federal Law. However, this Comments: Comments are invited on: authorized to take irreversible action on form is not required for follow-on (a) Whether the proposed collection of a project (e.g., site clearing or applications unless the construction site information is necessary for the proper groundbreaking). The information is has changed. performance of the functions of the necessary to assist CSREES in CSREES–854—Data Sheet—Facilities agency, including whether the complying with the provisions of the Project: This form requests statistical information will have practical utility; National Environmental Policy Act of information about the project (its (b) the accuracy of the agency’s estimate 1969 (42 U.S.C. 4321 et seq.) and purpose, size, cost, level of matching of the burden of the proposed collection implementing regulations promulgated funds, schedule, and future funding of information including the validity of by the Council on Environmental needs). It is used to provide information the methodology and assumptions used; 19870 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

(c) ways to enhance the quality, utility technology. Comments may be sent to: for OMB approval. All comments also and clarity of the information to be Sally J. Rockey, Deputy Administrator, will become a matter of public record. collected; and (d) ways to minimize the Competitive Research Grants and Done at Washington, DC, on this 15th day burden of the collection of information Awards Management, CSREES, USDA, of April 1997. STOP 2240, 1400 Independence on those who are to respond, including B.H. Robinson, through the use of appropriate Avenue, S.W., Washington, D.C. 20250– 2240, (202) 401–1766. E-mail: Administrator, Cooperative State Research, automated, electronic, mechanical, or Education, and Extension Service. other technological collection [email protected]. All responses to this notice will be [FR Doc. 97–10448 Filed 4–22–97; 8:45 am] techniques or other forms of information summarized and included in the request BILLING CODE 3410±22±P federal register April 23,1997 Wednesday Projects; Notice Regulatory Reinvention(XL)Pilot Protection Agency Environmental Part IV 19871 19872 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

ENVIRONMENTAL PROTECTION This objective distinguishes XL from Superior Environmental Performance AGENCY other approaches to regulatory change and on Flexibility present more fully discussed in environmental policy developed definitions of these criteria, [FRL±5811±7] circles, with names such as ‘‘alternative they build on approaches already being Regulatory Reinvention (XL) Pilot compliance’’ and ‘‘alternative path.’’ applied to projects in development and Projects Like XL, these approaches seek to offer will generally be familiar to current XL site-specific alternatives to the participants. The Stakeholder guidance AGENCY: Environmental Protection traditional system of environmental does recommend additional steps to Agency (EPA). protection. But where XL tests ideas ensure that projects garner broad ACTION: Notice of modifications to that, if successful, will change our community support. As these steps are project XL. national system of environmental based on considerable up-front protection, these approaches seek to decision-making within the stakeholder SUMMARY: This notice modifies EPA’s customize the broader system to meet group, EPA does not expect that existing guidance on Project XL and the needs of a specific location. sponsors will be able to retroactively solicits new XL proposals. This notice Supporters of customization want their implement all of these steps into clarifies EPA’s definition of the three approach available to a large number of ongoing projects. key project elements: superior regulated facilities, and focus EPA seeks comment on all aspects of environmental performance, regulatory principally on the project’s benefits to this notice on an ongoing basis. The flexibility and stakeholder involvement. the local environment and participating guidance as defined in this notice is the It also describes changes intended to facility itself. In contrast, the number of result of Agency experience to date and bring greater efficiency to the process of XL experiments is limited to 50, making ongoing dialogue with states, industry developing XL projects. it vital that each project creates lessons and various stakeholders. As Project XL EFFECTIVE DATE: April 23, 1997. with broad application and potential is a continuously evolving program, ADDRESSES: Proposals submitted to benefits to the broader environment. EPA intends to continue dialogue, to Project XL should be sent to Regulatory In a May 23, 1995, Federal Register receive and to review comments on the Reinvention Pilot Projects, FRL–5197–9, notice (60 FR 27282, May 23, 1995), various aspects of the program, and to Water Docket, Mail Code 4101, US EPA, EPA describes Project XL as a program update and to revise this guidance as 401 M Street, SW., Washington, DC, that offers a balanced set of benefits to necessary. 20460. The docket does not accept the environment, the regulated Project XL conducts projects in four faxes. community and the public. In that areas: facilities, sectors, federal notice, the XL program was defined facilities, and communities. FOR FURTHER INFORMATION CONTACT: through eight criteria by which Community-based projects differ Christopher Knopes, Office of Policy, proposals are selected for participation. substantially from the other types of XL Planning and Evaluation, United States While all of these criteria are still projects. EPA recognized and addressed Environmental Protection Agency, Mall important, the first three actually define these distinctions by issuing a separate 3202, Mail Code 2129, 401 M Street, Project XL: superior environmental Federal Register notice to initiate the SW., Washington, DC, 20460. The performance, regulatory flexibility XL Communities program (60 FR 55569, telephone number for the Office is (202) (termed Cost Savings and Paperwork November 11, 1995). In keeping with 260–2220. The facsimile number is Reduction in the original notice), and the recognition of communities’ need (202) 401–6637. stakeholder involvement. These criteria for different approaches, EPA will SUPPLEMENTARY INFORMATION: On March are equal in stature and together provide clarify in the near future the 16, 1995, President Clinton announced the context for the experimental nature applicability of this guidance to a portfolio of reinvention initiatives to of the program. community XL projects. be implemented by the Environmental Since the inception of Project XL, This notice also includes a general Protection Agency as a part of its efforts there have been requests for clarification solicitation for new proposals to Project to achieve greater public health and of EPA’s definitions of these three XL. This solicitation lays out some areas environmental protection at more essential program elements. EPA that have been identified by the Agency reasonable cost. One of these recognizes the critical need to ensure or others in the environmental reinvention priorities, Project XL, is a that environmental regulatory agencies, community as important to pursue in national pilot program to test new potential project sponsors, and other the quest for a more efficient and approaches for meeting environmental interested stakeholders have a clear results-oriented regulatory system. EPA goals and responsibilities. Through a understanding of the concepts, intends to pursue the identification of series of site-specific agreements with definitions, and boundaries of Project more specific priority areas for project sponsors, EPA expects to gather XL. Today’s notice clarifies the regulatory reinvention and project ideas data and experiences that will help the concepts, definitions, and boundaries of that should help guide potential project Agency make sound decisions as we superior environmental performance, sponsors, and to publish a future notice look for ways to improve the current regulatory flexibility, and stakeholder with the results. Today’s notice also regulatory system. involvement, and provides guidance on solicits new ideas from parties outside XL projects directly benefit the local future program management. With of the regulated community. The environment, participating facilities and today’s notice, the learning opportunity Agency is working on a process that will their communities. But those who do afforded by Project XL will proceed facilitate the development of ideas that not participate in XL will also benefit with greater certainty and efficiency. may originate from these individuals, from its lessons. EPA, working with For projects that have already entered and will describe that process in a state environmental agencies, intends to the program—where final project future notice. transfer successful approaches into the agreements (FPAs) are already being EPA encourages facility, sector or current system of environmental developed or have been approved—the federal facility project sponsors to protection. Broader implementation of guidance contained in this notice does utilize this opportunity to truly reinvent cleaner, cheaper and smarter ideas is the not impose new requirements or the way they conduct environmental ultimate objective of Project XL. procedures. While the guidance both on management. While there are many Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19873 proposals that may meet the criteria for pilot project proposals. The goal of supplier relationships of regulated inclusion in Project XL, EPA looks to implementing a total of approximately facilities; and develop in Project XL those ideas that 50 projects remains. To date, EPA has • A multi-media closed-loop introduce fundamentally different ways approved 3 XL projects for approach to environmental technology of providing environmental protection implementation, has proposed approval development. and achieving stronger environmental of a fourth, and is developing 10 EPA and state environmental agencies results. Project XL offers good actors— additional XL projects with state and intend to identify more specific priority environmental leaders and today’s local governments, project sponsors and areas and additional themes in the near average performers alike—a tremendous stakeholders. future, in an effort to inform potential opportunity to think ‘‘outside the box’’ project sponsors. Efforts will be made to of our current system and to find Potential Project Themes seek the input of a wide range of solutions to obstacles that limit EPA did not originally identify the interested parties, including other environmental performance. EPA looks specific types of proposals it hoped or regulators, environmental and to leaders in the regulated and expected to result from its May 23, environmental justice groups, trade environmental communities to identify 1995, solicitation, preferring instead to associations, and academic institutions and develop dramatically different encourage others to respond with their with an interest in environmental approaches to protecting the own ideas. A September 11, 1996, policy. The results of these efforts will environment. For average performers, Federal Register notice supplemented be published in the Federal Register XL presents an opportunity to move into the general solicitation with an and made available through other a position of environmental leadership invitation for projects specifically aimed media. and to create a path for others to do the at creating innovative environmental Stakeholder Initiated Projects same. technologies, and EPA retains a strong Today’s notice reaffirms EPA’s This notice includes revisions to the interest in proposals in this area. But the interest in having stakeholders not process by which an idea becomes an open invitation for all proposals still directly connected with regulated XL project. New emphasis is placed on exists, and today’s notice does not facilities come forward with XL pre-proposal planning and change EPA’s general invitation for all proposal ideas or to co-sponsor projects communication with stakeholders, kinds of ideas. Nevertheless, EPA does with companies. While the development EPA’s internal management of projects, wish to describe several general themes of an XL proposal is more typically and close partnership with states. Also that have been identified as important to initiated by a regulated firm or co- outlined are definite points at which pursue in the context of testing sponsoring organization, it may also be information will be made widely innovations for 21st century initiated by EPA, by a state available to the public during the environmental protection. Many of environmental agency, or by other non- project development and negotiation these themes are based on the need to regulated parties. EPA encourages processes. incorporate more incentives for stakeholders to bring their own ideas Evaluation is not covered in this pollution prevention in our system of forward. Those stakeholders who wish notice, though it is an area that the environmental protection: Agency believes is critical to Project to initiate projects may discuss the • Regulatory approaches that XL’s success. Evaluation will occur at proposal concept with EPA or the state encourage source reduction and many levels—project specific (e.g., Did environmental agency; contact firms recycling of hazardous waste or the project achieve its goals?), directly to discuss proposal concepts; or materials produced or used during functional (e.g., Did the stakeholder engage the assistance of EPA or the state manufacturing or commercial process work?), process (e.g., How can environmental agency in identifying operations, and the on-site reuse of we improve the process?), and potential participants from among the wastes or by-products in production programmatic (e.g., How do we take the regulated community. EPA will, upon processes; lessons learned from these experiments • the request of stakeholders who wish to and transfer the successes to improve Incentives for greater or continuous initiate projects, consider using its own our current system?). Each level of collection of emissions data, resources (e.g., the Federal Register and evaluation will involve collaborative particularly for hazardous air pollutants, the Agency’s Project XL Internet Web efforts on the part of the Agency, states, to enable performance-based approaches Site, www.epa.gov/ProjectXL) to and to increase public understanding; other affected regulatory agencies, • identify potential participants from project sponsors and stakeholders. In Approaches that minimize the among regulated firms. Beyond its some cases, outside groups may also be generation of wastes containing openness to stakeholder initiated interested in evaluating aspects of persistent, bio-accumulative, and toxic proposals, EPA is developing a process projects or the program. At a minimum, chemicals; to solicit themes and specific ideas from • project agreements will contain clear Facility-wide emissions limits groups outside of the regulated performance measures to help EPA and under the Clean Air Act that also community, and to turn those ideas into interested stakeholders verify progress incorporate continuous emissions fruitful XL projects. with project goals, and then use the reduction; • Superior Environmental Performance results to find better solutions to today’s Enhanced systems for data environmental management challenges. collection on employee health and In order to test innovative approaches exposure to environmental pollutants to to reinvent environmental protection for Solicitation for New XL Project aid company efforts to minimize work- the 21st Century, Project XL offers Proposals related health problems; potential project sponsors and co- Today EPA is renewing its invitation, • Regulatory mechanisms to sponsors the opportunity to develop and first issued in the Federal Register on encourage consideration of the implement alternative strategies that May 23, 1995, (60 FR 27282, May 23, environment throughout the entire life produce superior environmental 1995), for regulated facilities, sectors, cycle of a product; performance, replace specific regulatory and regulated federal facilities, and • Incorporation of environmental requirements, and promote greater interested stakeholders, to submit XL stewardship in the customer and accountability to stakeholders. The May 19874 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices

23, 1995, Federal Register notice Tier 1: Is the Project Equivalent? in inputs of specific environmental and/ defining the XL program stated EPA’s Tier 1 establishes an environmental or stakeholder concern. EPA will intent to approve only those projects performance benchmark for an XL compare the project’s use of those that ‘‘achieve superior environmental project. This benchmark provides a inputs against the volume of the inputs performance relative to what would reasonable estimate of what would have that would be used absent Project XL. have been achieved through compliance happened to the environment absent This attention to pollution prevention is with otherwise applicable Project XL. It quantifies current meant to encourage projects that reduce requirements.’’ This notice further performance levels and sets a baseline the use of materials of environmental or public health concern, as well as refines the definition of superior against which the project’s anticipated projects that reduce ultimate loadings to environmental performance to assist environmental performance can be future applicants, stakeholders and the environment. compared. The project will be benchmarked those evaluating the program. These benchmarks are expressed in against each environmental loading in terms of loadings to the environment. EPA is establishing a two tiered each environmental medium (e.g., air, assessment of superior environmental The term loadings is meant by EPA to water, land). However, EPA will performance for Project XL proposals. incorporate a broad set of stressors to consider projects involving tradeoffs Tier 1 is a quantitative benchmark of the the environment, such as emissions of among loadings as part of a test of project against the environmental specific pollutants or generation of innovative environmental management. performance that would have occurred waste streams released to the These projects may exceed the environment by disposal. absent the program. It establishes a • appropriate benchmark for one loading baseline of equivalence from which The project benchmark will be set but fall short of it for another. To superior environmental performance at either the current actual address the imprecision inherent in can be measured. A project that is not environmental loadings or the future evaluating tradeoffs among at least equivalent, based on the factors allowable environmental loadings, environmental loadings and whichever is more protective. discussed in Tier 1, can not be environmental media, projects of this • Where the project includes new considered superior overall. Tier 2 is an type should demonstrate, with an facilities that have not yet been built or examination of factors, both quantitative adequate margin of safety, overall expansion of existing facilities for and qualitative, that lead EPA to judge superior environmental performance additional production of a current over what would be achieved absent XL. that a project will produce a superior product or for new products that have level of environmental performance that Benefits should be measurable through not yet been produced, the benchmark an analytic methodology acceptable to merits testing the innovation being will be set at the level of performance proposed. This two tiered approach regulatory agencies and to stakeholders. generally representative of industry EPA will not approve projects that should aid EPA and others in evaluating practice, or the future allowable proposal merits and deciding what threaten ecological health or risk-based environmental loadings for such a environmental standards (e.g., Water should or should not be tested. It is not facility or production process, EPA’s intent to suggest a hierarchy. Tier Quality Standards). whichever is more protective. Tradeoffs may be allowed among 1 and Tier 2 are both essential in • These benchmarks may be on a per- different loadings that contribute to a determining whether a project is likely unit of production basis or other single environmental outcome (e.g., to achieve superior environmental comparable measure (e.g., volume of VOC and NOX emissions contributing to performance. liquid hazardous waste generated per smog formation). In this case, project Parenthetical examples are included unit of product), as appropriate, to sponsors should evaluate the tradeoff throughout this notice. These are meant distinguish real environmental gains using the best available analytic to aid the reader in understanding the relative to what would happen absent methodology. In these evaluations, general discussion, but not to signal XL from fluctuations in production. however, project sponsors should • EPA’s preferences or requirements for Except in outstanding site-specific consider the risk or benefits arising from specific XL projects. circumstances, voluntary measures that situations in which one of these are in place at the time the project is loadings might also contribute to other These guidelines on superior proposed and remain in place during environmental performance reflect environmental outcomes (e.g., VOC the project (e.g., previous installation of emissions that also contain hazardous EPA’s experience with Project XL to on-site wastewater treatment not for air pollutants). date. Because the guidelines measure compliance purposes) should be Tradeoffs may also be allowed among performance levels relative to today’s included in the benchmark. This different loadings that produce different system of environmental regulation, the distinction assumes that these voluntary environmental outcomes (e.g., waste results achieved through the use of measures would have been in place minimization technology that reduces these guidelines will be incremental already and remained in place absent hazardous waste incineration but improvements over the current system. XL (e.g., include in the benchmark the increases waterborne pollutant EPA recognizes that these guidelines effect of the pre-existing wastewater discharge) where there is a may be too limited in their definition of treatment system, as long as that system demonstrable net benefit to public superior environmental performance in continues to operate). health and the environment. Project some cases, particularly where a project EPA will also seek to benchmark the sponsors should clearly define the involves a radical departure from our project from a pollution prevention various environmental outcomes and current environmental regulatory perspective. While other Tier 1 the project’s effect on them. A project system. In these cases, EPA encourages benchmarks are expressed in terms of involving such tradeoffs may pose the sponsors to propose and provide a loadings to the environment, this challenges beyond analytics. EPA will rationale for alternative definitions of benchmark may be expressed in terms not approve projects that create a superior environmental performance. of inputs to production (e.g., use of toxic shifting of risk burden (e.g., diversion of EPA will consider these alternatives, as chemicals, fresh water, or other natural hazardous air pollutant emissions from appropriate. resources). EPA will be most interested stacks to the work area, or lower net Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19875 level of remediation at a waste disposal commitments and voluntary commitment is critical to the success of site in a low income community). To the commitments. These should not be a project and may wish accountability contrary, in entertaining projects that confused with broader corporate for that commitment to reflect this (e.g., incorporate tradeoffs, it is EPA’s intent aspirations, which may be ambitious by more detailed reporting of a to produce clear risk reduction. and set without prior knowledge of the voluntary commitment, or by means to achieve them. incorporating that commitment into the Tier 2: Superior Environmental • Enforceable commitments are those enforceable component of the project). Performance levels of performance which can be Project XL is intended for good actors. Tier 2 is an examination of factors compelled by government. Failure to Those companies and facilities with a that lead EPA to judge that a project will achieve these commitments constitutes history of violations of enforceable produce truly superior environmental grounds for government or citizen commitments pose additional issues to performance. Although the weighting of enforcement action, with all of the be factored into consideration of XL factors in Tier 2 is necessarily remedies generally available absent proposals and projects. EPA generally subjective, the factors themselves Project XL. XL Projects redefine will not approve XL projects for should be expressed in quantitative compliance on a site-specific basis, and facilities that are the subject of an on- terms wherever possible. Tier 2 factors EPA will ensure a level of enforceability going enforcement action unless the include, but are not limited to: that is, in its own judgment, at least facility resolves outstanding compliance • The increment by which the project equivalent to the level which would be issues (e.g., through payment of exceeds the appropriate Tier 1 achieved absent the project. Each penalties and, where applicable, benchmarks. project will have an enforceable completion of all injunctive relief and • Pollution prevention upstream from component, described in the final obligations under an administrative end-of-pipe releases (e.g., a project that project agreement (FPA), but also order or judicial decree) before alters production processes to eliminate contained in a legally binding participating in Project XL. the need for toxic ingredients, instead of document, such as a permit, rule- Occasionally, a past or ongoing just disposing of toxic waste created). making, or administrative order. violation may be discovered in the • Environmental performance more • Voluntary commitments are those course of project development. Such protective than the best performance for which a facility may be held violations, if discovered and reported by practices of facilities with comparable accountable through means other than the project sponsor during the course of products or processes (e.g., closed loop injunctive relief, penalty or other project development, will be handled in production at a steel mill). conventional legal enforcement action. accordance with EPA’s Audit Policy. • Incorporation of continuous Failure to achieve these commitments is Finally, enforceable and voluntary improvement towards ambitious an appropriate basis for termination or commitments should not be confused quantitative environmental aspirations modification of the XL project. with corporate aspirations. Corporate (e.g., project with a zero emissions goal). Voluntary commitments will be aspirations are not commitments for • The extent to which the project contained in the FPA, which is not itself which a facility should expect to be produces clear reduction of risk. legally binding on the parties. held accountable through government • Historic demonstration of Accordingly, both the FPA and action or citizen enforcement. However, leadership in environmental associated legal implementing ambitious corporate aspirations (e.g., performance of the facility (e.g., through mechanisms should reserve EPA’s zero content of a priority pollutant in a voluntary measures taken prior to XL). discretion to terminate a project and to facility’s effluent, 100% reclamation of • Improvement in environmental return the facility to compliance with a raw material, or elimination of a conditions that are priorities to otherwise applicable requirements potential toxic from use in production) stakeholders, including issues not where voluntary commitments have not are important drivers for superior governed by EPA rules (e.g., habitat been met. environmental performance and will be preservation, green space, parks or other Accountability for commitments— assessed accordingly by EPA in the protected areas, odors, noise). whether enforceable or voluntary—is context of Tier 2, as discussed above. • The extent to which the project most effective where project goals and Corporate aspirations will be contained substantially addresses community and results are transparent. Projects should in the FPA as part of the project public health priorities of concern to include mechanisms to provide description and as elements that help to stakeholders, including issues not government and stakeholders with make up the project’s superior governed by EPA rules (e.g., access to data sufficient to verify environmental performance, but should identification of community health whether commitments have been met. be clearly distinguished from patterns, employee safety issues beyond In making decisions related to Project accountable commitments. those regulated by EPA). XL and other matters, EPA relies upon Historic Voluntary Controls Where projects involve areas the statements and representations regulated by agencies other than EPA or made by project sponsors. Federal laws These guidelines aim to ensure that state environmental agencies, those intended to ensure the accuracy and XL projects will achieve a better other agencies should be brought into truth of such statements apply. Project environmental outcome in the future the process. sponsors should know that failure to than would have occurred absent the meet commitments or failure to act in program. EPA recognizes, however, that Accountability for Environmental good faith in reporting related to these future progress is often built on a Performance commitments, will draw a strong foundation of historic environmental Project documents should clearly response from the Agency. leadership. Many of the facilities that distinguish among the different ways in The type of accountability appropriate will participate in XL have already which facilities may be held for a particular commitment should be taken voluntary measures to achieve a accountable for commitments to discussed within a project’s stakeholder level of environmental performance far superior environmental performance. process and incorporated into the FPA. better than is required by applicable There are two broad types of There may be cases, for example, where regulations. EPA wishes here to offer accountable commitments: enforceable stakeholders believe that a particular guidance on the treatment of these pre- 19876 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices existing voluntary measures in the requirements, and promote greater stakeholders construct a project that context of evaluating the environmental accountability to stakeholders. This produces superior environmental performance of an XL project. notice discusses further the ways in performance, promotes greater In the Tier 1 analysis discussed above, which the regulatory flexibility accountability to stakeholders, and EPA seeks to benchmark the XL project available in XL can enhance operations meets the other XL decision criteria. against a reasonable estimate of what at participating facilities, to assist future These tools are strongest when tailored would have happened to the applicants, stakeholders and those to be only as broad as needed for environment in its absence. In general, evaluating the program. implementing the project terms. pre-existing voluntary measures should Regulatory flexibility and its potential Flexibility provided in XL projects be included in this benchmark. EPA to reduce costs and improve the establishes new conditions that must be believes it reasonable to assume that operating efficiency of facilities is the met by participating facilities. As voluntary measures that are in place at principal reason for firms to voluntarily discussed above, some, if not all, of the time a project is proposed and participate in Project XL. The success of these conditions will be legally binding remain in place during the project’s life Project XL depends on providing to and enforceable requirements. EPA and would also have remained in place participating regulated firms incentives state environmental agencies will select without the project. The alternative that are significant and tangible. Projects tools that ensure that project sponsors, assumption—that pre-existing voluntary that test truly innovative alternative in exchange for meeting these new measures are creditable to the XL strategies for environmental protection requirements, have protection from project itself—could create a bank will in many cases require regulatory liability for non-compliance with account from which a company could flexibility to overcome barriers to previously and otherwise applicable draw, potentially resulting in a lower achieving objectives. Such flexibility requirements replaced by XL actions. level of environmental performance. will be necessary to create the Specific statutory provisions may However, in outstanding site-specific opportunity for superior environmental limit the scope of flexibility available to circumstances, the potential negative performance, stakeholder accountability certain XL projects. To date, however, effects of crediting a pre-existing and other benefits. Where a project this concern generally has not been a voluntary measure to the XL project meets the other XL decision criteria, real barrier to implementation of may be outweighed by other positive EPA will aggressively offer flexibility projects that meet the XL decision elements of superior environmental needed to produce superior criteria. performance contained in the XL project environmental performance and Selection of Flexibility Tools for Specific (e.g., where a credit provided for promote greater accountability to Projects performance in one environmental area stakeholders. is more than outweighed by superior Sponsors should articulate the link in The need to select tools to fit the performance in another area). In these their project between the flexibility conditions of a project is secondary to cases, EPA would consider crediting the sought, the superior environmental the creation of the project itself. Project pre-existing voluntary control to the XL performance expected, and other sponsors and stakeholders, along with project. benefits. Where that link is strong (i.e., regulators, should first develop a project In the Tier 2 analysis discussed above, where flexibility and other benefits are that incorporates superior EPA seeks to determine whether the net factually or legally linked) the project’s environmental performance, flexibility environmental performance achieved by ideas are more likely to be applicable at and stakeholder accountability, and the project beyond its benchmark is other sites. The closer the factual link then seek tools that authorize the project superior. Pre-existing voluntary between the requested flexibility and they have created. measures play an important role in this anticipated environmental benefits, the EPA has developed a hierarchy for the determination. For example, facilities more likely EPA is to approve the selection of flexibility tools to fit the that have not implemented significant project. Recognizing the experimental conditions of a project. Investigation of voluntary measures to control pollution nature of Project XL, EPA will use tools tools should begin with exploration of prior to XL should be able to achieve a that ensure project sponsors who the full range of discretion and far greater environmental improvement operate in good faith a smooth transition flexibility available under the via XL than those facilities that have back to the traditional regulatory combination of existing federal and state implemented such measures. Facilities system, where projects do not meet regulatory and statutory mechanisms. in the latter category may not be able to expectations. Options may include use of existing achieve additional improvements statutory and regulatory variance and through end-of-pipe controls and may, Tools for Creating Flexibility waiver mechanisms, deviation from thus, look to innovative, but untested, EPA and state regulators have the existing practices and policies to the pollution prevention and technology tools under existing authority to provide extent permitted by statute and strategies for additional environmental appropriate flexibility from otherwise regulation, flexible interpretations of improvements. EPA recognizes the need applicable regulatory requirements. regulatory requirements, and other such to accommodate the uncertainties These tools include alternative permits regulatory and statutory mechanisms. inherent in these strategies in project and existing waiver mechanisms, Under these kinds of approaches, some design. generally applicable interpretive projects may be implemented, in whole statements, and site-specific rules that or in part, through permit modifications Regulatory Flexibility replace otherwise applicable or the issuance of new permits In order to test innovative approaches requirements. Other tools may be incorporating the terms of the project. to reinvent environmental protection for identified as projects are developed. EPA expects that the flexibility tools the 21st Century, Project XL offers Ultimately, however, the selection and needed for many projects will not be project sponsors and co-sponsors the development of flexibility tools requires found within the range of discretion opportunity to develop and implement a case-by-case assessment. afforded by existing federal and state alternative strategies that produce The tools noted above provide a firm regulatory mechanisms. In these cases, superior environmental performance, legal foundation for XL projects in cases site specific rule-making, which can replace specific regulatory where project sponsors, government and authorize projects that do not fit within Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19877 existing regulatory requirements, should respond as the innovations tested in XL defining the XL program made clear that be explored. EPA wishes to emphasize are implemented more broadly, and to an important factor in EPA’s approval of that the creation of a site-specific rule anticipate or suggest future changes. projects is ‘‘the extent to which project need not delay a project or create The regulatory innovations developed proponents have sought and achieved additional resource burdens for project through XL support and encourage the support of parties that have a stake sponsors or stakeholders. The legal pollution prevention and technological in the environmental impacts of the steps required in rule-making (e.g., innovation at participating facilities by project.’’ Stakeholders were defined as public notice and comment) are already giving firms greater flexibility to including ‘‘communities near the part of XL project development, whether experiment and reducing barriers to project, local or state governments, or not a site-specific rule is used. The trying new technology. New businesses, environmental and other other formal steps typically encountered technologies may reduce compliance public interest groups, or other similar in national rule making (e.g., EPA’s costs or create new market opportunities entities.’’ This definition includes both standard regulatory development for their developers. XL may, for those stakeholders in the proximity of process and review by the Office of example, remove regulatory barriers to the project and those stakeholders Management and Budget) have been the marketing of goods created through interested in the broader modified or tailored to fit the needs of pollution prevention or recycling. implementation of the concepts being Project XL. Participation in XL strengthens the tested in the project, such as state, EPA recognizes the possibility that community ties of participating firms, regional or national environmental specific statutory provisions may limit creating a basis in trust for resolution of groups. In today’s notice, EPA offers the scope of flexibility available to other conflicts that may arise in or guidelines on meeting the stakeholder certain XL projects by limiting the outside of the context of environmental involvement criterion to assist future authority of EPA or the states to regulation. XL firms typically enter the applicants, stakeholders and those promulgate site-specific rules. These program with strong environmental evaluating the program. situations must be addressed on a case- reputations from which to build. Stakeholder involvement is critical to by-case basis among project sponsors, However, the extensive interaction of the success of each XL project. stakeholders and regulators. Options community and facility representatives Stakeholders provide information about include modification of the project to in the course of XL project development the preferences of the community. They avoid these issues and the use of may help both groups forge real and may identify issues that have escaped carefully tailored compliance informed trust. The regulatory flexibility the notice of project sponsors and mechanisms. offered in XL creates an opportunity to regulators. And stakeholder support is make community participation more essential if the knowledge gained in Value of Flexibility meaningful, for example, by allowing facility-based experiments is to be Firms participate in XL for many firms to redesign reporting mechanisms transferred to the generally applicable reasons. However, in general, firms that in ways that enhance community system of environmental protection. An successfully develop and implement XL understanding and trust, or by effective process for stakeholder projects utilize the flexibility offered by permitting a new kind of public involvement is an acknowledgment that the program to reap financial, involvement that is more substantive today’s regulators and regulated competitive, and community benefits. than conventional processes. community do not have a monopoly on The flexibility available to facilities in Other incentives for participation in the best ideas for tomorrow’s system of XL creates real cost savings and XL are case-specific. For example, firms environmental protection. opportunities to use environmental may gain favorable tax treatment for In this notice, stakeholders are budgets efficiently. By implementing certain environmental control or grouped into three categories, each with performance standards in lieu of other pollution prevention expenditures made a distinct role in project development requirements, for example, XL lowers in the context of Project XL. In other and implementation. Those the cost of pollution control by giving a cases, firms may reduce their health stakeholders interested in the broader facility the ability to choose the most care costs by creating an XL project that implementation of the concepts being cost effective means of achieving those better identifies and eliminates tested in the project, as well as those standards. XL performance standards environmentally connected work force stakeholders in the local community or and other innovations can act in lieu of health concerns. directly affected by the project, should pre-construction or other permit EPA encourages firms to view the have the opportunity to place reviews, speeding new products to flexibility afforded by XL as an themselves in any one of these three market and giving participating firms a opportunity to create real incentives for categories. Direct participants in project leg up in an increasingly time-driven environmental improvement, whether development work intensively with business environment. XL projects that they be financial, competitive, project sponsors to build a project from remove the barriers to recycling of technological, community-related, or the ground up. The views of direct metals or reuse of chemicals allow firms otherwise. participant stakeholders will strongly to recoup their value as useful products, influence the details of the project as avoid disposal costs and potential Stakeholder Involvement well as EPA’s ultimate decision to environmental liabilities. Streamlined In order to test innovative approaches approve or not to approve the project. reporting requirements reduce to reinvent environmental protection for Commentors have an interest in the administrative overhead. the 21st Century, Project XL offers project, but not the desire to participate XL also strengthens participating potential project sponsors and co- as intensively in its development. The firms’ competitive position in other sponsors the opportunity to develop and project development process should ways. XL participants are helping to implement alternative strategies that inform and be informed by commentors define a regulatory system for the 21st produce superior environmental on a periodic basis. The views of Century, a system designed to meet their performance, replace specific regulatory informed commentors are a strong needs as well as those of the requirements, and promote greater indicator of the broad potential for environment and communities. These accountability to stakeholders. The May wider applicability of the innovation firms will be in a better position to 23, 1995, Federal Register notice being tested in a project. Members of the 19878 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices general public should have easy access Stakeholder Initiated Proposals • Contact the project sponsors both to the project development process While the development of an XL directly, or contact EPA project leads and to information about the proposal is more typically initiated by a via phone, electronic mail, or the Web environmental results of the project regulated firm or co-sponsoring non- site with pertinent questions or other once it is implemented, and should feedback for the project sponsors; and governmental organization, it may also • have the ability to participate more be initiated by stakeholders themselves, Contact the project sponsors to actively if they so choose. Actions for by EPA, or by a state environmental express interest in becoming a direct involvement of each of these three agency. EPA encourages stakeholders to participant or a commentor, should the categories of stakeholders at each step in bring their ideas forward. Stakeholders proposal move forward and become a the process—from pre-proposal to who wish to initiate projects may: project. implementation of an FPA—are • Discuss the proposal concept with EPA will then transmit its own discussed here. EPA or the state environmental agency; findings and questions, in addition to Over and above these three categories • Contact firms directly to discuss stakeholder feedback, to the project of stakeholder involvement, EPA proposal concepts; or sponsors and make them available on strongly encourages firms and • Engage the assistance of EPA or the Web site. The project sponsors’ established non-governmental state environmental agency in broadly response to feedback may be in the form organizations to partner as co-sponsors soliciting potential participants from of a revised proposal, answers to of XL projects. For example, a firm and among regulated firms. questions, or withdrawal of the a state citizens group may join together EPA will, upon the request of proposal. In developing their response, and propose an XL project to EPA and stakeholders who wish to initiate the project sponsors should confer with the state environmental agency. Co- projects, consider using its own the stakeholders whom they have sponsors are distinct from the three resources (e.g., the Web site and Federal identified, particularly direct categories of stakeholders described Register) to broadly solicit potential participants. EPA will post the project above and discussed in this notice, and participants from among regulated sponsors’ response to feedback on its co-sponsorship has many advantages firms. However, to be considered by Web site. over individually sponsored projects. EPA, a formal XL proposal must Based on its assessment of the The participation of the non-regulated ultimately include the voluntary information provided up to this point by partner lends credibility to the broader participation of the owner or operator of the project sponsors, with special stakeholder involvement process facilities addressed in the proposal. attention given to the issues raised by discussed in this notice. It also builds stakeholders, and in consultation with the capacity of non-governmental Proposal Development the state environmental agency, EPA organizations and industry to work Once received by EPA, XL proposals will decide whether a proposal should directly with each other. This notice enter the proposal development stage. advance as an XL project. EPA will does not discuss the relationship among During this stage, EPA and state notify the project sponsor and post its project sponsors in a co-sponsorship environmental agencies determine decision on the Web site. situation, but rather details EPA’s whether a proposal should advance as Project Development expectations with regard to the an XL project, advance in some other involvement of a broader group of forum, or not advance at all. A proposal that advances is described stakeholders beyond the project The first step in proposal as an XL project, and enters the project sponsors themselves. development is an intake process, in or FPA development stage. FPAs are Pre-Proposal Activities which EPA determines whether a developed through a sponsor-led proposal is within the scope of Project process of dialogue and negotiation Project sponsors should do as much XL based on the eight XL proposal among states, sponsors, EPA, and groundwork as possible to engage selection criteria as refined in this stakeholders who are direct appropriate stakeholders before formally notice. If the answer is yes, EPA participants. That process is made proposing an XL project to EPA. There consults with the appropriate state visible and accessible so as to invite are four actions project sponsors should environmental agency, forms an internal response from commentors while take at this step in the process: proposal review team consisting of informing the general public. • Gain from EPA, the relevant state, regional and headquarters staff, and Further Identification of Stakeholders tribal, local, or other regulatory agencies immediately places the following their support of the proposal and their information on EPA’s Project XL Web The first step in the FPA development commitment to participate in project site to inform stakeholders of the process is to notify the general public of development; proposal: the project and more formally invite • Develop as part of the proposal • The full proposal, including the stakeholders to become direct itself a stakeholder involvement plan stakeholder involvement plan; and participants or commentors. The project consistent with the guidance contained • The names and contact information sponsors should: in this document; for the EPA regional and headquarters • Notify the general public via local • Identify and contact potential direct project leads and project sponsor leads. media of their intent to develop an FPA participants to gain their commitment to The second step in proposal and invite direct participants to identify participate early in potential project development is an effort by the EPA themselves within a set time period development; these direct participants proposal team to analyze, in (e.g., 30 days); (The public notice may be stakeholders already known to consultation with the state should include a brief description of the the project sponsor or may be identified environmental agency, the merits of the project, including the stakeholder plan, through referrals (e.g., through proposal, including its stakeholder plan. and the name and contact information environmental interest group networks); During this step, EPA will generally for a person in the sponsors’ and provide feedback to the project organization, at the state environmental • Identify and contact potential sponsors. Stakeholders aware of the agency, and at EPA); commentors on the proposal. proposal at this early stage may: • Make special efforts to recruit: Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19879

—Potential direct participants and issues of concern to the local general public beyond the means commentors from among community, to members of minority discussed in this notice (e.g., when and economically disadvantaged communities and to non-managerial how to notify these groups of the stakeholders and among stakeholders employees; and significant milestones in project most directly affected by the • Permit EPA and state development, beyond the specific points environmental and health impacts of environmental agency representatives to for notification discussed in this the project; participate in these training document); and —Potential direct participants and opportunities. • Establish procedures for commentors who have specific As added assurance that direct participation and involvement of the interest or expertise in the issues participants have an opportunity for general public in the process. addressed in the project from among meaningful participation, EPA will Because XL projects and the the national environmental and make its own expertise available for the circumstances that affect them (e.g., environmental justice communities purpose of team training in the stakeholder, demographic, geographic, and the industry segment of which technical issues addressed in the project ecosystem, economic, community the facility is a part; and and in participation in collaborative concerns) differ, there can be no single —Potential direct participants and processes. EPA strongly encourages model stakeholder involvement process commentors from among participating state environmental agencies to do the that is appropriate for all projects. facilities’ non-managerial employees. same. Attention to the ground rules by all Stakeholders should be aware that participants is vital to ensuring that the direct participation in an XL project Ground Rules project development process is involves a substantial personal Ground rules are the first order of appropriate to the circumstances. commitment of time and energy, business before proceeding with the Ground Rules on Authority of Direct requiring consistent attendance at project development process. The Participants With Respect to the Project meetings, a willingness to abide by the project sponsors may propose ground Sponsors agreed upon process, and intensive rules in the stakeholder plan. Before work over the project development beginning, direct participant As discussed above, the authority of period. EPA encourages direct stakeholders and the project sponsors direct participant stakeholders should participant stakeholders to seek input should agree on a set of ground rules to be determined at the outset by the from others in their work on project guide project development. All effort stakeholders themselves, along with the development. However, stakeholders are should be made to create ground rules project sponsors. In some cases, the not expected to represent larger social, that are generally acceptable to direct authority of stakeholders will be economic or demographic groups except participant stakeholders. consultative in nature. In others, there in cases where they are authorized to do EPA encourages examination of the will be a desire to provide direct so. ‘‘Model Plan for Public Participation’’ participant stakeholders with greater In general, all stakeholders who developed by its National authority over project sponsor’s express a timely desire to be direct Environmental Justice Advisory decisions. Project sponsors and direct participants and understand the Council, as ground rules are developed participant stakeholders should agree at commitment involved should be given that: the outset on whether stakeholders, the opportunity to do so. However, there • Define the relationship of direct individually or as a group, have the may be a need for project sponsors to participant stakeholders, as individuals ultimate ability to veto project sponsors’ limit the number of direct participants and as a group, with respect to the plans. (e.g., to maintain a balanced or workable project sponsors (e.g., advisory, Importance of Stakeholder Views in process). EPA will not determine the consultative, or decision-making); • EPA’s Decision to Approve or membership of the group of direct Clarify how and whether direct Disapprove a Project participants, but may advise sponsors of participant stakeholders will decide on whether it believes the group as group views (e.g., by consensus, EPA maintains its authority to assembled is consistent with the majority vote, or sub-group consensus); ultimately approve or disapprove an XL guidance contained in this document. • Determine whether direct project. However, EPA wishes here to participant stakeholders, as individuals offer guidance on the influence that Team Training or groups, would sign the FPA; final stakeholder decisions on a Once direct participants have been • Agree on time lines for the project’s desirability have on its own identified, EPA encourages project development of the project as a whole decisions to approve or disapprove an sponsors to discuss with them the need and for appropriate short-term XL project. for team training at the outset of project milestones; As stated in the May 23, 1995, development activities. Where training • Contain a process for documenting Federal Register, an XL final project has been requested by direct participant proceedings and decisions, including agreement must be approved by EPA, stakeholder groups, the project sponsors dissenting opinions; the state environmental agency, and the should: • Contain a process for changes in project sponsors in order to be • Provide training to direct membership to the direct participant implemented. EPA’s own decisions are participants on the technical issues group as needed or desired; very directly affected by the views of addressed in the project, including the • Determine how the project direct participant stakeholder groups. overall environmental and health development process will be managed, These individuals, more so than other impacts of the test facility; and including whether a third-party members of the general public or even • Provide training to sponsors’ own facilitator is desirable (EPA encourages commentors, will have examined the representatives and to direct the use of neutral, local third-party project in all its detail. The expression participants on meaningful facilitators); of support for a project by its direct participation in a collaborative process, • Decide and document how the participant stakeholder group is among such as XL project development, with project development process will reach the strongest possible indicators of special emphasis on addressing the out to educate commentors and the broad community support for that 19880 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices project. Where a direct participant information, are in the domain of the each other prior to making their final stakeholder group has the ability to veto general public. Readers should note in decision, in an effort to reach consensus a project sponsor’s plans, and exercises these guidelines EPA’s intent to use its among regulators at all levels of its veto, EPA will generally conclude Project XL Web site on the Internet as government. that the project has not achieved broad the primary but not sole means of Where formal concurrence within community support, and thus will not disseminating information for which it EPA has been achieved, and where the approve the project. Even in cases is responsible. The Web site is not only project has gained the support of the where the ground rules vest a direct a repository of information, but has the state environmental agency, project participant stakeholder group with capability to notify interested sponsors, and direct participants (as strictly consultative authority over the stakeholders electronically when new discussed above), the agreement is project sponsor’s plans, or where the information of relevance to them is known as a ‘‘proposed’’ FPA. At this views of the group are not expressed in posted. stage, EPA will: terms of acceptance or rejection, EPA These guidelines specifically identify • Make the proposed FPA available will give significant weight to the views points where use of local media and/or through its Web site and in the of these direct participants in the Federal Register is appropriate. For administrative record; determining whether the project has those who do not have Internet access, • Notify commentors of the broad community support. the information maintained on the Web availability of reviewable material; However, as stated above, EPA will site is available in several other formats. • Issue the FPA for a thirty-day local not delegate its authority to approve or As noted above, EPA maintains an notice and comment period for the disapprove an XL FPA. That is to say, administrative record that includes hard general public; EPA will not approve or disapprove an copies of all materials referenced in • Publish in the Federal Register a FPA based solely on the support of a these guidelines. (The record can be notice of availability, briefly describing direct participant stakeholder group or accessed by contacting Lutithia Barbee the project, and providing instructions other party. of EPA at 202–260–2220). Most for receiving a copy of the proposed materials referenced in these guidelines FPA; and Ground Rules for Communicating to are also available through the Project XL • In appropriate situations, publish in Commentors and the General Public fax-on-demand line (202 260–8950). the Federal Register for notice and EPA encourages project sponsors and EPA will make every effort within the comment any proposed site-specific direct participant stakeholders to constraints of available resources to rulemaking associated with an FPA, or develop ground rules that promote an provide interested citizens with the conduct public notice as appropriate for open and inclusive project development easiest possible means of access to XL- any permitting action associated with an process. For example, EPA encourages related documents. FPA. an approach in which all meetings are As part of its final decision to approve Closure accessible in some form to members of (or disapprove) an FPA, EPA will the general public who express an The final stage in the project respond for the record to all significant interest in observing the process. For its development process is closure. An FPA comments received during the notice part, EPA will: is not approved until signed by EPA, the process. In developing its response to • Make available updated drafts of state environmental agency and the comments, EPA will: the FPA and related documents on its project sponsor, and by direct • Share comments received with the Web site and in the administrative participants where provided for in the project sponsor, state environmental record (the comprehensive record ground rules. agency, and direct participants; maintained by EPA to document the The first step in EPA’s own closure • Discuss with those parties the history of all input and decisions process is an internal concurrence. To changes made to the FPA, permit, site- impacting the project since it was make commentors and the general specific rule, or other documents to submitted as a proposal); public aware that the project has address public comments; • Make available any other materials reached this stage, EPA will: • Consider fully the public comments requested by the project sponsors, direct • Make the final draft available and changes made to the FPA and other participants, or state environmental through its Web site and in the documents to address public comments agency, except confidential business administrative record; and in making its final decision to approve information, on its Web site and in the • Indicate on the Web site that this (or disapprove) an FPA; and • administrative record; draft is being circulated within EPA for Post on the Web site the changes • Notify commentors directly of the formal concurrence; and made to the FPA and other documents • availability of this material; Convene—at the request of a project to address public comments, its own • Convey to the project sponsors, sponsor, direct participant stakeholder, response to comments, and any direct participants, and the state commentor, or the state environmental additional responses prepared by the environmental agency any comments it agency—a meeting of these groups to project sponsors, state environmental receives during the project development discuss the project, hear views of agency, or direct participant process, and post pertinent comments individual direct participants or stakeholders. commentors, and provide feedback. on its Web site and in the administrative Implementation and Evaluation record; and As stated in the May 23, 1995, • Respond, on its own behalf and for Federal Register notice, EPA will not Once approved, a project enters its the record, to significant comments approve a project that does not have the implementation stage. During this stage, (those comments specifically impacting support of the relevant state the project is monitored for compliance EPA management or decision-making). environmental agency. EPA also with the terms of the FPA and recognizes the possibility that it might associated documents, and evaluated for Access to Information disapprove of a project that has the lessons that can be transferred to the All documents provided to EPA in the support of the state environmental more generally applicable system of context of Project XL, with the agency. In either case, EPA and the state environmental regulation and applied to exception of confidential business environmental agency will consult with improve the XL program itself. While Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices 19881 this notice does not provide substantial sponsors as well as regulators should Proposal and Project Development guidance on the role of stakeholders in participate in these discussions and Process project implementation and evaluation, have the chance to provide input on The May 23, 1995, Federal Register EPA wishes to emphasize points that how the necessary technical services notice that announced Project XL were made on this topic in the Federal can be provided. Requests for technical included a brief description of the XL Register notice that originally assistance must come from the direct process. The notice described four announced Project XL. participant stakeholder group rather stages: solicitation and selection of XL As stated in the May, 23, 1995, than from individuals. Technical proposals, project (or FPA) Federal Register notice, assistance funds are not available to development, project implementation, project proponents should identify [in the address strictly individual needs. In and evaluation. The notice contained FPA] how to make information about the order to build trust and local capacity, additional information, including time project, including performance data, local resources should always be frames, for the first two steps. In today’s available to stakeholders in a form that is explored as both the source of expertise easily understandable. Projects should have notice, EPA offers information on clear objectives and requirements that will be and the financial means of obtaining changes to the process of creating XL measurable in order to allow EPA and the technical services. These options should proposals and developing XL projects public to evaluate the success of the project be explored before EPA funds are sought for implementation, to assist future and enforce its terms. (60 FR 27282, May 23, for the provision of technical assistance. applicants, stakeholders and those 1995) When it is necessary to utilize EPA evaluating the program. EPA recommends that the FPA funds to obtain assistance, appropriate Pre-Proposal Activities delineate the intended role of financial management controls must be stakeholders during the implementation in place to assure the most focused, cost Today’s notice encourages project and evaluation of the project. The FPA effective and accountable use of sponsors to do significantly more to may, for example, provide for re- taxpayer dollars. Resources for improve proposal ideas prior to formal submission of an XL proposal to EPA. examination or periodic evaluation of assistance will not be given directly to First, EPA and its state partners stand the project by direct participant stakeholder groups, but will be made ready to discuss project ideas at any stakeholders. available to identified experts for a time. Second, EPA encourages project specific assistance activity. The Agency Independent Technical Assistance to sponsors to have substantive discussion may choose to utilize a variety of Direct Participant Stakeholder Groups with stakeholders prior to submission of approaches to access either local EPA has recognized its responsibility a formal proposal. The Agency expertise or experts agreeable to the to ensure meaningful participation in encourages the development of co- direct participant stakeholder group. the stakeholder process, and, in some sponsorship relations among facilities cases, has provided support (e.g., by These include cooperative agreements and non-governmental organizations. making available facilitation services, to local and state regulators or other Third, this notice envisions that and by distributing and making procurement options available to the proposals themselves will be much available information about project federal government. more substantive and detailed. While development). As an example of an innovative addressing the eight XL criteria, a EPA wishes to offer here guidance on approach to providing technical proposal should include a more detailed its ability to support technical assistance, EPA is exploring the creation analysis of superior environmental assistance. Beyond making available its of a public/private partnership to performance consistent with the own technical expertise, EPA looks to handle technical assistance requests principles included in this notice; a project sponsors to provide assistance in from direct participant stakeholder description of pre-proposal stakeholder understanding and evaluating technical groups. In this partnership, EPA, other activities and fully developed issues surrounding a specific project. regulatory agencies, potential project stakeholder plan; and a discussion of EPA recognizes that, in some cases, sponsors, trade associations, non-profit the specific regulatory flexibility sought there will be a need for the Agency to organizations and other interested and barriers to providing that flexibility offer some additional support for parties would provide resources to a in otherwise applicable requirements. In technical assistance to direct participant neutral third party which would in turn addition, EPA encourages all potential stakeholder groups. To that end, the manage and fulfill technical assistance applicants to meet with EPA and the Agency is committing to provide up to requests. This neutral third party would affected state prior to submission of any $25,000 per project in order to assure be guided by a partnership of EPA, state proposal to clarify the XL program, that necessary technical assistance is environmental agencies, national principles, expectations, and guidance available to support meaningful stakeholder groups, and other parties provided in this notice. stakeholder involvement. These funds that provide resources to the Proposal Development will be made available on a task-specific partnership, in terms of what type of After proposals submitted to the XL basis and will not be in the form of assistance should be available, who program are received in EPA’s grants to direct stakeholder groups. could provide assistance when no local Regulatory Reinvention Docket, they These funds may be used in project experts are known, and at what cost. development, implementation or will proceed through a proposal intake evaluation. Regardless of the mechanism used by process. EPA will briefly evaluate the Technical assistance needs must be EPA to fund technical assistance proposal with input from potentially determined within the direct participant requests, the goal will always be to affected offices and states in order to stakeholder process described in this ensure that specific, objective expertise determine whether the proposal appears notice. Stakeholder needs should be is available, when necessary, and is to consist of environmental and examined carefully and fully. The best provided in a credible fashion that regulatory concepts worth testing in means of meeting those needs should be preserves and fosters the integrity of a Project XL. If EPA determines that the identified by the direct participant meaningful stakeholder involvement proposal should continue through the stakeholder group as a whole. Project process. proposal development process, a cross- 19882 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Notices agency proposal team will be decision criteria. The decision to and comment. The decision to approve established. The team—consisting of advance or reject the proposal will be or disapprove an FPA will be made by representatives from EPA headquarters made by the Associate Administrator for the Associate Administrator for XL Staff and each affected headquarters Reinvention in consultation with other Reinvention and the relevant EPA office, EPA region, and state—will members of EPA’s senior leadership Regional Administrator, in consultation review the proposal, discuss it team. Such decisions will be made in with other members of EPA’s senior throughout their respective offices as close consultation with the relevant leadership team. necessary, and together establish state environmental agency, and no XL specific questions or outstanding items project will proceed without its Paperwork Reduction Act in the proposal that may hinder a approval. The information collection provisions thorough understanding of the proposal. in this notice, including the request for Along with any feedback received from Project Development Process interested stakeholders, EPA will Proposals that advance are at this proposals, have been approved by the communicate its own feedback to the point described as XL projects in Office of Management and Budget project sponsors. development. This is the stage in which (OMB) under the Paperwork Reduction At this stage, responsibility for the FPAs are developed. Once a project Act, 44 U.S.C. 3501 et seq. An timing of the proposal process shifts to enters the project development phase, Information Collection Request the project sponsors. The sponsors may the Agency, in consultation with the document has been approved (ICR No. consider EPA’s appraisal and determine state, will expand or modify its staff 1749.01). Additional copies may be the next step: to provide additional team as needed to ensure coordination obtained from Sandy Farmer, information requested by EPA, to and continuity throughout development Information Policy Branch, US EPA, submit a revised proposal, or to of an FPA. Guidance on some of the Mail Code 2136, 401 M Street, SW., withdraw the proposal. In responding, details of the project development Washington, DC 20460, or by calling the project sponsors are strongly process is contained in the stakeholder (202) 260–2740. encouraged to raise important issues to involvement portion of this notice. Dated: April 16, 1997. any stakeholders who have been Fred Hansen, identified at this point. Closure With complete information, EPA will Once a draft FPA has been developed, Deputy Administrator. develop an assessment of the merits of EPA will conduct a final internal review [FR Doc. 97–10510 Filed 4–22–97; 8:45 am] the proposal relative to the Project XL of the project and solicit formal notice BILLING CODE 6560±50±P federal register April 23,1997 Wednesday Risks andSafety Children FromEnvironmentalHealth Executive Order13045ÐProtectionof The President Part V 19883

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Federal Register Presidential Documents Vol. 62, No. 78

Wednesday, April 23, 1997

Title 3— Executive Order 13045 of April 21, 1997

The President Protection of Children From Environmental Health Risks and Safety Risks

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. 1-101. A growing body of scientific knowledge demonstrates that children may suffer disproportionately from environmental health risks and safety risks. These risks arise because: children’s neurological, immunological, di- gestive, and other bodily systems are still developing; children eat more food, drink more fluids, and breathe more air in proportion to their body weight than adults; children’s size and weight may diminish their protection from standard safety features; and children’s behavior patterns may make them more susceptible to accidents because they are less able to protect themselves. Therefore, to the extent permitted by law and appropriate, and consistent with the agency’s mission, each Federal agency: (a) shall make it a high priority to identify and assess environmental health risks and safety risks that may disproportionately affect children; and (b) shall ensure that its policies, programs, activities, and standards address disproportionate risks to children that result from environmental health risks or safety risks. 1-102. Each independent regulatory agency is encouraged to participate in the implementation of this order and comply with its provisions. Sec. 2. Definitions. The following definitions shall apply to this order. 2-201. ‘‘Federal agency’’ means any authority of the United States that is an agency under 44 U.S.C. 3502(1) other than those considered to be inde- pendent regulatory agencies under 44 U.S.C. 3502(5). For purposes of this order, ‘‘military departments,’’ as defined in 5 U.S.C. 102, are covered under the auspices of the Department of Defense. 2-202. ‘‘Covered regulatory action’’ means any substantive action in a rule- making, initiated after the date of this order or for which a Notice of Proposed Rulemaking is published 1 year after the date of this order, that is likely to result in a rule that may: (a) be ‘‘economically significant’’ under Executive Order 12866 (a rule- making that has an annual effect on the economy of $100 million or more or would adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities); and (b) concern an environmental health risk or safety risk that an agency has reason to believe may disproportionately affect children. 2-203. ‘‘Environmental health risks and safety risks’’ mean risks to health or to safety that are attributable to products or substances that the child is likely to come in contact with or ingest (such as the air we breath, the food we eat, the water we drink or use for recreation, the soil we live on, and the products we use or are exposed to). Sec. 3. Task Force on Environmental Health Risks and Safety Risks to Children. 19886 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Presidential Documents

3-301. There is hereby established the Task Force on Environmental Health Risks and Safety Risks to Children (‘‘Task Force’’). 3-302. The Task Force will report to the President in consultation with the Domestic Policy Council, the National Science and Technology Council, the Council on Environmental Quality, and the Office of Management and Budget (OMB). 3-303. Membership. The Task Force shall be composed of the: (a) Secretary of Health and Human Services, who shall serve as a Co- Chair of the Council; (b) Administrator of the Environmental Protection Agency, who shall serve as a Co-Chair of the Council; (c) Secretary of Education; (d) Secretary of Labor; (e) Attorney General; (f) Secretary of Energy; (g) Secretary of Housing and Urban Development; (h) Secretary of Agriculture; (i) Secretary of Transportation; (j) Director of the Office of Management and Budget; (k) Chair of the Council on Environmental Quality; (l) Chair of the Consumer Product Safety Commission; (m) Assistant to the President for Economic Policy; (n) Assistant to the President for Domestic Policy; (o) Assistant to the President and Director of the Office of Science and Technology Policy; (p) Chair of the Council of Economic Advisers; and (q) Such other officials of executive departments and agencies as the President may, from time to time, designate. Members of the Task Force may delegate their responsibilities under this order to subordinates. 3-304. Functions. The Task Force shall recommend to the President Federal strategies for children’s environmental health and safety, within the limits of the Administration’s budget, to include the following elements: (a) statements of principles, general policy, and targeted annual priorities to guide the Federal approach to achieving the goals of this order; (b) a coordinated research agenda for the Federal Government, including steps to implement the review of research databases described in section 4 of this order; (c) recommendations for appropriate partnerships among Federal, State, local, and tribal governments and the private, academic, and nonprofit sec- tors; (d) proposals to enhance public outreach and communication to assist families in evaluating risks to children and in making informed consumer choices; (e) an identification of high-priority initiatives that the Federal Government has undertaken or will undertake in advancing protection of children’s envi- ronmental health and safety; and (f) a statement regarding the desirability of new legislation to fulfill or promote the purposes of this order. 3-305. The Task Force shall prepare a biennial report on research, data, or other information that would enhance our ability to understand, analyze, Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Presidential Documents 19887

and respond to environmental health risks and safety risks to children. For purposes of this report, cabinet agencies and other agencies identified by the Task Force shall identify and specifically describe for the Task Force key data needs related to environmental health risks and safety risks to children that have arisen in the course of the agency’s programs and activities. The Task Force shall incorporate agency submissions into its report and ensure that this report is publicly available and widely dissemi- nated. The Office of Science and Technology Policy and the National Science and Technology Council shall ensure that this report is fully considered in establishing research priorities. 3-306. The Task Force shall exist for a period of 4 years from the first meeting. At least 6 months prior to the expiration of that period, the member agencies shall assess the need for continuation of the Task Force or its functions, and make appropriate recommendations to the President. Sec. 4. Research Coordination and Integration. 4-401. Within 6 months of the date of this order, the Task Force shall develop or direct to be developed a review of existing and planned data resources and a proposed plan for ensuring that researchers and Federal research agencies have access to information on all research conducted or funded by the Federal Government that is related to adverse health risks in children resulting from exposure to environmental health risks or safety risks. The National Science and Technology Council shall review the plan. 4-402. The plan shall promote the sharing of information on academic and private research. It shall include recommendations to encourage that such data, to the extent permitted by law, is available to the public, the scientific and academic communities, and all Federal agencies. Sec. 5. Agency Environmental Health Risk or Safety Risk Regulations. 5-501. For each covered regulatory action submitted to OMB’s Office of Information and Regulatory Affairs (OIRA) for review pursuant to Executive Order 12866, the issuing agency shall provide to OIRA the following informa- tion developed as part of the agency’s decisionmaking process, unless prohib- ited by law: (a) an evaluation of the environmental health or safety effects of the planned regulation on children; and (b) an explanation of why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the agency. 5-502. In emergency situations, or when an agency is obligated by law to act more quickly than normal review procedures allow, the agency shall comply with the provisions of this section to the extent practicable. For those covered regulatory actions that are governed by a court-imposed or statutory deadline, the agency shall, to the extent practicable, schedule any rulemaking proceedings so as to permit sufficient time for completing the analysis required by this section. 5-503. The analysis required by this section may be included as part of any other required analysis, and shall be made part of the administrative record for the covered regulatory action or otherwise made available to the public, to the extent permitted by law. Sec. 6. Interagency Forum on Child and Family Statistics. 6-601. The Director of the OMB (‘‘Director’’) shall convene an Interagency Forum on Child and Family Statistics (‘‘Forum’’), which will include rep- resentatives from the appropriate Federal statistics and research agencies. The Forum shall produce an annual compendium (‘‘Report’’) of the most important indicators of the well-being of the Nation’s children. 6-602. The Forum shall determine the indicators to be included in each Report and identify the sources of data to be used for each indicator. The 19888 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Presidential Documents

Forum shall provide an ongoing review of Federal collection and dissemina- tion of data on children and families, and shall make recommendations to improve the coverage and coordination of data collection and to reduce duplication and overlap. 6-603. The Report shall be published by the Forum in collaboration with the National Institute of Child Health and Human Development. The Forum shall present the first annual Report to the President, through the Director, by July 31, 1997. The Report shall be submitted annually thereafter, using the most recently available data. Sec. 7. General Provisions. 7-701. This order is intended only for internal management of the executive branch. This order is not intended, and should not be construed to create, any right, benefit, or trust responsibility, substantive or procedural, enforce- able at law or equity by a party against the United States, its agencies, its officers, or its employees. This order shall not be construed to create any right to judicial review involving the compliance or noncompliance with this order by the United States, its agencies, its officers, or any other person. 7-702. Executive Order 12606 of September 2, 1987 is revoked. œ–

THE WHITE HOUSE, April 21, 1997. [FR Doc. 97–10695 Filed 4–22–97; 8:49 am] Billing code 3195–01–P federal register April 23,1997 Wednesday 1997 Proclamation 6994ÐNationalParkWeek, Week, 1997 Proclamation 6993ÐNationalWildlife Tissue DonorAwarenessWeek,1997 Proclamation 6992ÐNationalOrganand The President Part VI 19889

19891

Federal Register Presidential Documents Vol. 62, No. 78

Wednesday, April 23, 1997

Title 3— Proclamation 6992 of April 19, 1997

The President National Organ and Tissue Donor Awareness Week, 1997

By the President of the United States of America

A Proclamation Giving life to another through an organ or tissue transplant is one of the most selfless human acts. The person choosing to become a donor usually receives no tangible thanks and gains no fame or glory from the gesture. And yet the decision to sign a donor card does give the donor a quiet, inner fulfillment in the knowledge that he or she may one day help save a life, bringing new joy to another person and their family. Often, for many Americans, this sense of fulfillment is sufficient thanks. Today, more than 50,000 Americans are on the national transplant waiting list and about 2,000 more people need transplants every month. Unfortu- nately, even though this country has an adequate supply of individuals who qualify as organ donors, many people have still not chosen to become one. Patients in truly desperate circumstances are depending on their fellow Americans to choose to become organ and tissue donors. Stunning advances in transplant research and technology have made miracles possible, but we must do our part to make the dreams of people awaiting transplants become reality. Many Americans are unaware of the national shortage of organ donors, and all of us must work together to spread the word. Let us take advantage of our enormous power to save a life or to enrich the quality of life for those who otherwise face endless pain, torment, or death. I urge every American to respond to the urgent call for organ and tissue donors by signing a donor card immediately. Let us also reach out to educate our fellow Americans about the importance of organ and tissue donations. We must work with our religious communities and commu- nity organizations to spread this important message. The Federal Government has already established partnerships with the Union of Hebrew Congregations and the Congress of National Black Churches in an effort to educate congrega- tions and clergy across our Nation through sermons, Sunday school programs, and community events. We should do more. We should recognize that our greatest ambassadors for organ and tissue donation are donors, donor families and recipients. Their personal stories have motivated and inspired others, and we should take better advantage of these great resources. Taken together, these and other efforts will save the lives of countless loved ones. And we should take the opportunity to recognize and celebrate Americans who donate these gifts of life. 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 April 20 through April 26, 1997, as National Organ and Tissue Donor Awareness Week. I call upon health care professionals, educators, the media, public and private organizations concerned with organ donation and transplantation, and all the people of the United States to observe this week with appropriate activi- ties and programs that promote organ donation and invite new donors to become involved. 19892 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Presidential Documents

IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of April, 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-first. œ–

[FR Doc. 97–10711 Filed 4–22–97; 10:58 am] Billing code 3195–01–P Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Presidential Documents 19893 Presidential Documents

Proclamation 6993 of April 19, 1997

National Wildlife Week, 1997

By the President of the United States of America

A Proclamation Our Nation is blessed with a wealth of wildlife, wild places, and natural resources that enrich the lives of all Americans. Conserving our wildlife— whether antelope or grizzly bear, salmon or serpent, or plumed bird—is of urgent importance. Our vast system of wildlife refuges has played a vital role in this endeavor. Helping to ensure greater harmony between people and nature, more than 92 million acres of land and waters are dedicated to wildlife conservation, encompassing 500 refuges, with at least one in every State and within a short drive of most major cities. These wonderful resources provide opportunities for people of all ages and from all walks of life, and from cities, suburbs, and the rural heartland, to learn about and participate in the effort to preserve the places and wildlife that contribute so much to our Nation’s heritage and natural wealth. The appreciation and protection of wildlife, particularly of endangered or threatened species, is both the right and responsibility of all Americans. Indeed, countless individuals and private volunteer organizations across the United States have already made a significant contribution to wildlife protection. Only by engaging communities in conservation, by taking note of and rewarding community service efforts, and by maintaining diverse approaches to wildlife protection, can we preserve our wildlife today and for future generations. We set aside this week to celebrate the role that citizens and private volunteer organizations play in engaging in service activities, and in advancing the knowledge, appreciation, and protection of wildlife and the environment. Let us also work to spread this message to broader audiences and encourage all individuals and groups to contribute to this national goal. I urge all Americans, private organizations, businesses, community leaders, elected officials and governmental agencies to do all they can to preserve and value the role of wildlife resources in our lives. This tradition of nature education will continue to teach our children how to be lifelong stewards of the environment and help to build the knowledge and understanding essential to the protection of nature’s abundant gifts. 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 April 20 through April 26, 1997, as National Wildlife Week. I ask all Americans to find ways to promote the conservation and protection of our wildlife and wild places. 19894 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Presidential Documents

IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of April, 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-first. œ–

[FR Doc. 97–10712 Filed 4–22–97; 10:59 am] Billing code 3195–01–P Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Presidential Documents 19895 Presidential Documents

Proclamation 6994 of April 19, 1997

National Park Week, 1997

By the President of the United States of America

A Proclamation One hundred and twenty-five years ago, America made a momentous deci- sion: to set aside and protect in perpetuity an extraordinary part of our young Nation. With the signing of the Yellowstone National Park Act on March 1, 1872, President Ulysses S. Grant created the world’s first national park, and the succeeding years have proved beyond all doubt the wisdom and foresight of that decision. Known throughout the world for its beauty and the natural wonders that lie within its boundaries, Yellowstone has inspired the creation of a multitude of other national parks, both here and in other countries, preserving for future generations the rich natural and cultural legacy of our world. Today, our 374 national parks protect America’s unparalleled wonders and the history of those who have helped shape our land. Our national parks preserve both where we live and who we are. In America’s national parks, we see Americans through their experiences—war and peace, tragedy and triumph, struggle and liberty. Our national park sites invite us not only to marvel at the grand geography of Yellowstone or the Great Smokies, but also to explore the innovative genius of Thomas Edison at the Edison National Historic Site in New Jersey, to visit the remains of an ancient civilization at Mesa Verde in Colorado, or to walk the hallways of the Kansas school where the struggle for civil rights ultimately led to the land- mark Brown vs. Board of Education Supreme Court decision. In addition to the parks themselves, the national park spirit thrives in thousands of communities across the country where the National Park Service provides support and technical advice to create close-to-home recreational opportunities and to honor local history through programs such as Rivers, Trails, and Conservation Assistance, the National Register of Historic Places, and National Historic Landmarks. The National Park Service, in partnership with organizations and individuals dedicated to conservation and historic preservation, is ensuring that our national parks touch the lives of as many people as possible, while sparking an interest among our Nation’s children in archaeology, ethnography, history, historic landscapes, and historic struc- tures. Indeed, the national parks remain a magnet for the American public. Every year millions of visitors flock to them—270 million in 1996. Surveying our history and heritage, our national parks let us reach out and touch the past. As we observe this week, let us remember with gratitude all those who are and have been entrusted with the stewardship of these treasured places. As the parks and the mandate of the National Park Service have evolved, the demands on those who manage these resources have become more complex and the skills required of the National Park Service work force have become more sophisticated. These men and women are the guardians of our cultural and natural treasures, and, on behalf of all Americans, I express my deepest thanks. 19896 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Presidential Documents

This year, National Park Week celebrates the strength of our unique and diverse system of national parks, and I urge all Americans to share in the wonderful experiences these places offer all of us. 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 April 21 through April 27, 1997, as National Park Week. IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of April, 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-first. œ–

[FR Doc. 97–10713 Filed 4–22–97; 11:00 am] Billing code 3195–01–P i

Reader Aids Federal Register Vol. 62, No. 78 Wednesday, April 23, 1997

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 3 CFR 989...... 18029 For additional information 523±5227 1208...... 18033 Proclamations: Presidential Documents 1427...... 19023 6980...... 16033 Executive orders and proclamations 523±5227 1710...... 18037 6981...... 16035 1901...... 16465 The United States Government Manual 523±5227 6982...... 16039 1940...... 16465 6983...... 17681 1951...... 16465 6984...... 18015 Other Services 2003...... 16465 6985...... 18497 3570...... 16465 Electronic and on-line services (voice) 523±4534 6986...... 18501 Proposed Rules: Privacy Act Compilation 523±3187 6987...... 18501 300...... 16218 TDD for the hearing impaired 523±5229 6988...... 19017 319...... 16218, 16737 6989...... 19021 401...... 17758 6990...... 19471 ELECTRONIC BULLETIN BOARD 422...... 19691 6991...... 19663 447...... 17103 Free Electronic Bulletin Board service for Public Law numbers, 6992...... 19891 455...... 19063 Federal Register finding aids, and list of documents on public 6993...... 19893 456...... 19068 inspection. 202±275±0920 6994...... 19895 457 ...... 17103, 17758, 19063, FAX-ON-DEMAND Executive Orders: 19067, 19691 February 21, 1913 981...... 17569 You may access our Fax-On-Demand service. You only need a fax (Revoked in part by 1137...... 16737 machine and there is no charge for the service except for long PLO 7252)...... 17633 1435...... 15622 distance telephone charges the user may incur. The list of 12566 (revoked by EO 1703...... 18544 documents on public inspection and the daily Federal Register’s l3043) ...... 19217 1730...... 18678 table of contents are available using this service. The document 12606 (revoked by EO 4279...... 17107 numbers are 7050-Public Inspection list and 7051-Table of 13045) ...... 19885 4287...... 17107 Contents list. The public inspection list will be updated 12752 (amended by immediately for documents filed on an emergency basis. EO 13044)...... 19665 8 CFR NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 13010 (amended by 3...... 15362, 17048 FILE AND NOT THE ACTUAL DOCUMENT. Documents on EO 13041)...... 17039 208...... 15362 public inspection may be viewed and copied in our office located 13041...... 17039 212...... 18506 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 13042...... 18017 214...... 18508 telephone number is: 301±713±6905 13043...... 19217 236...... 15362 13044...... 19665 245...... 18506 13045...... 19885 248...... 18506 FEDERAL REGISTER PAGES AND DATES, APRIL Administrative Orders: 274a...... 18508 15355±15598...... 1 Memorandum of April 287...... 19024 15599±15808...... 2 1, 1997 ...... 18261 299...... 19024 312...... 15751 15809±16052...... 3 5 CFR 16053±16464...... 4 213...... 18505 9 CFR 16465±16658...... 7 532...... 16465 94...... 18263, 19032 16659±17040...... 8 591...... 16218 101...... 19033 17041±17530...... 9 1201...... 17041 113...... 19033 17531±17682...... 10 1209...... 17047 156...... 19039 17683±18014...... 11 1620...... 18234 205...... 15363 18015±18260...... 14 1655...... 18019 Proposed Rules: 18261±18504...... 15 Proposed Rules: 94...... 18055 251...... 19525 18505±18704...... 16 10 CFR 18705±19022...... 17 7 CFR 0...... 16053 19023±19218...... 18 56...... 18019 25...... 17683 19219±19472...... 21 70...... 18019 50...... 17683 19473±19666...... 22 301...... 15809 54...... 17683 19667±19896...... 23 600...... 16659 95...... 17683 601...... 16659 Proposed Rules: 723...... 15599 20...... 19071 916...... 15355 30...... 19071 917...... 15355 40...... 19071 946...... 18021 50...... 19071 956...... 18023 51...... 19071 959...... 19667 70...... 19071 982...... 18026 72...... 19071 ii Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Reader Aids

430...... 16739 39 ...... 15429, 15431, 15433, 1300...... 15391 944...... 16507 490...... 19701 15435, 15437, 15439, 15441, 1309...... 15391 946...... 16509 15443, 15861, 16113, 16115, 1310...... 15391 11 CFR 17128, 17127, 17129, 17131, Proposed Rules: 31 CFR 111...... 18167 18062, 18063, 18302, 18304, 170...... 18938 1...... 19505 18726, 19526 12 CFR 184...... 18938 4...... 18518 71 ...... 15635, 15863, 15864, 186...... 18938 357...... 18694 208...... 15600 17134, 17135, 18065, 18066, 570...... 18938 Ch. V ...... 19499, 19500, 19672 213...... 15364, 16053 18067, 18068, 18167, 19238, 589...... 18728 500...... 17548 303...... 16662 19527, 19529 560...... 19670 560...... 15819 107...... 16892 22 CFR 585...... 19672 600...... 18037 108...... 16892 514...... 19221 603...... 18037 198...... 19008, 19530 32 CFR 611...... 18037 23 CFR 2...... 17548 614...... 18037, 19219 15 CFR 625...... 15392 310...... 18518 619...... 18037 15...... 19668 701...... 15614 1805...... 16444 15a...... 19668 24 CFR 706 ...... 18272, 18274, 19673 Proposed Rules: 15b...... 19668 50...... 15800 806b...... 17070 226...... 15624 280...... 19041 55...... 15800 361...... 18059 Proposed Rules: 902...... 15381, 19042 103...... 15794 516...... 17110 199...... 16510 570...... 17492 216...... 16691 543...... 17110, 17115 16 CFR 545...... 15626, 17110 Proposed Rules: 552...... 15639 552...... 17110 23...... 16669 Ch. I ...... 18306 Proposed Rules: 33 CFR 556...... 15626, 17110 25 CFR 557...... 15626 254...... 19703 5...... 16695 561...... 15626 432...... 16500 12...... 15610 26...... 16695 563...... 15626, 17110 456...... 15865 142...... 18515 27...... 16695 563g...... 15626 703...... 15636 Proposed Rules: 95...... 16695 614...... 18167 41...... 15446 100 ...... 16695, 17702, 18041, 627...... 18167 17 CFR 18042 Ch. VII...... 19702 1...... 17700 26 CFR 110...... 16695 701...... 19702 4...... 18265 54...... 16894, 17004 117 ...... 15842, 17071, 19222 712...... 19702 11...... 17702 Proposed Rules: 130...... 16695 740...... 19702 30...... 16687 1 ...... 17572, 18730, 19072 136...... 16695 Ch. IX...... 17108 145...... 17068 25...... 19072 138...... 16695 202...... 15604, 16076 140...... 16695 13 CFR 54...... 17004 232...... 16690 151...... 16695, 18043 120...... 15601 240...... 18514 27 CFR 153...... 16695 270...... 17512 155...... 16492 14 CFR 4...... 16479 Proposed Rules: 178...... 19442 165 ...... 15398, 16080, 16081, 1...... 16220 190...... 19530 17704 21...... 15570 Proposed Rules: 9...... 16502 177...... 16695 25 ...... 15570, 17048, 17531 18 CFR 334...... 17549 39 ...... 15373, 15375, 15378, 178...... 19442 2...... 15827 Proposed Rules: 16064, 16066, 16067, 16069, 28 CFR 100 ...... 16513, 19239, 19240 16070, 16072, 16073, 16473, 19 CFR 117 ...... 16122, 17762, 19082, 16474, 16475, 16477, 16664, Proposed Rules: 12...... 19488 19243, 19245 16667, 17532, 17534, 17536, 524...... 19430 19...... 15831 165...... 17764 17537, 19477, 19480, 19482, 113...... 15831 29 CFR 19483 133...... 19492 35 CFR 61...... 16220, 16892 1603...... 17542 144...... 15831 103...... 18275 71 ...... 15602, 15603, 15751, 2520...... 16979 104...... 18275 15825, 15826, 15827, 16075, Proposed Rules: 2590...... 16894, 17004 24...... 19704 2703...... 18705 16076, 16668, 17052, 17053, 36 CFR 17054, 17055, 17056, 17057, 111...... 19704 4044...... 18268 17058, 17059, 17060, 17698, 142...... 19534 Proposed Rules: Proposed Rules: 18038, 18039, 18040, 18264, 143...... 19704 2570...... 19078 13...... 18547 162...... 19704 327...... 18307 19484, 19485, 19486, 19487 30 CFR 73...... 17699 163...... 19704 1190...... 19084 91...... 15570, 17480 351...... 19719 218...... 19497 1191...... 19084 97 ...... 17061, 17063, 17539, 254...... 18040 1193...... 19178 20 CFR 17541 756...... 18269 1258...... 15867 107...... 15751 367...... 19219 773...... 19450 37 CFR 108...... 15751 404...... 15607 778...... 19450 109...... 15751 Proposed Rules: 843...... 19450 201...... 18705 119...... 15570 335...... 19072 915...... 16490, 19394 121...... 15570 943...... 19394 38 CFR 125...... 15570 21 CFR Proposed Rules: 1...... 15400 129...... 15751 5...... 19493 202...... 16121, 19536 3...... 17706 135...... 15570 74...... 15389 206...... 19532 17...... 17072 141...... 16220 101...... 15390 211...... 19532 21...... 17706 143...... 16220 178...... 19220 216...... 16121 191...... 15751 211...... 19493 243...... 16116 39 CFR Ch. II ...... 19473 510...... 15751 250...... 18070 3...... 18519 Proposed Rules: 556...... 15391 253...... 15639 4...... 18519 25...... 17117 558...... 15391, 15751 926...... 16506 20...... 17072, 19223 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Reader Aids iii

40 CFR 43 CFR 47 CFR 214...... 19234 9...... 16492 Proposed Rules: 0 ...... 15852, 17566, 19247 Ch. III ...... 16370 52 ...... 15751, 15844, 16704, 2800...... 19247 Ch. I ...... 16093 367...... 15417 17081, 17083, 17084, 17087, 2920...... 19247 1 ...... 15852, 18834, 19247 368...... 15417 17093, 17095, 18046, 18047, 4100...... 19247 2...... 15978, 19509 371...... 15417 18520, 18521, 18710, 18712, 3190...... 17138 20...... 18834 372...... 15417 18716, 19047, 19049, 19051, 3400...... 17141 27...... 16099, 16493 373...... 15417 19055, 19224, 19674, 19676 3410...... 17141 36...... 15412 374...... 15417 58...... 18523 3420...... 17141 52...... 18280, 19056 376...... 15417 60...... 18277, 19679 3440...... 17141 64...... 19056, 19685 377...... 15417 61...... 19679 3450...... 17141 68...... 19685 378...... 15417 63...... 15402, 15404 3460...... 17141 73 ...... 15858, 17749, 18535 387...... 16707 390...... 16707 80...... 16082 3470...... 17141 74...... 18834 395...... 16707 81 ...... 15751, 18521, 18526 3480...... 17141 90 ...... 15978, 18536, 18834 531...... 17100 91...... 15806 4300...... 19247 97...... 17566 533...... 15859 180 ...... 15615, 17096, 17710, 4700...... 19247 101...... 18834 571 ...... 16707, 16718, 18723, 17717, 17720, 17723, 17730, 5460...... 19247 Proposed Rules: 19523 17735, 17742, 18528, 19682 5510...... 19247 1...... 18074 589...... 16718 185 ...... 17723, 17730, 17735, 8200...... 19247 2 ...... 16004, 16129, 19538 1312...... 19058 17742, 18528 8340...... 19247 25 ...... 16129, 18308, 19095 186 ...... 17723, 17730, 17735, 8350...... 19247 63...... 15868 Proposed Rules: 192...... 16131 17742, 18528 9370...... 19247 73 ...... 15869, 15870, 15871, 195...... 16131 271...... 15407 8370...... 19247 15872, 17772, 17773, 17774, 390...... 18170 300 ...... 15411, 15572, 16706, 8560...... 19247 18558 392...... 18170 16707 9210...... 19247 74...... 19538 393...... 18170, 19252 700...... 17910 9260...... 19247 78...... 19538 571 ...... 15353, 16131, 19253 720...... 17910 90...... 16004 44 CFR 721...... 17910 101...... 16514 723...... 17910 64...... 16084, 19505 50 CFR 48 CFR 725...... 17910 65 ...... 16087, 17560, 17561 229...... 16108 Proposed Rules: 67...... 16089, 17562 235...... 16099 600...... 18300 52 ...... 15867, 16746, 17136, Proposed Rules: 807...... 18300 622...... 18536 17137, 17572, 17768, 18070, 67...... 16125, 17562 852...... 18300 648 ...... 15381, 15425, 18300 18071, 18556, 18730, 19085, 1401...... 18053 674...... 19686 45 CFR 19086, 19087, 19246, 19659, Proposed Rules: 678...... 16648, 16656 19719 144...... 16894 4...... 19465 679 ...... 16112, 16736, 17568, 58...... 18557 146...... 16894 12...... 19200 17749, 17753, 18167, 18542, 60...... 18308 148...... 17004 14...... 19200 18725, 19061, 19062, 19394, 63 ...... 15452, 15453, 15754 1609...... 19399 15...... 19200 19659, 19686 70...... 16124 1612...... 19399 22...... 19465 Proposed Rules: 71...... 19087 1620...... 19399 26...... 19200 17 ...... 15640, 15646, 15872, 80...... 17771, 18696 1626...... 19399 35...... 19465 15873, 16518 81...... 18556, 18557 1627...... 19399 36...... 19200, 19465 23...... 18559, 18731 92...... 18557 1636...... 19399 44...... 19465 216...... 17774, 17774 247...... 18072 1637...... 19399 52...... 19200, 19465 229...... 16519 261...... 16747, 19087 1638...... 19399 285...... 16132 268...... 16753 1640...... 19399 49 CFR 600...... 19723 300...... 15572 1...... 16498, 17100 622 ...... 17776, 19732, 19733 46 CFR 6...... 19233 630...... 16132, 19296 2 ...... 16695, 17748, 19229 7...... 19515 644...... 16132 41 CFR 586...... 18532, 18533 29...... 15620 648 ...... 16753, 17576, 18309 Proposed Rules: Proposed Rules: 40...... 19057 660...... 15874, 18572 101±40...... 19720 8...... 17008 171...... 16107 678...... 16132 iv Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Reader Aids

REMINDERS Direct and guaranteed loan Northeastern United States States; air quality planning The items in this list were making provisions; fisheriesÐ purposes; designation of editorially compiled as an aid comments due by 5-2-97; Northeast multispecies; areas: to Federal Register users. published 3-3-97 comments due by 5-1- New Hampshire Inclusion or exclusion from AGRICULTURE 97; published 4-1-97 Correction; comments due this list has no legal DEPARTMENT West Coast States and by 4-28-97; published significance. Rural Business-Cooperative Western Pacific 3-27-97 Service fisheriesÐ Clean Air Act: Federal Agriculture Pacific salmon; comments Federal air toxics program RULES GOING INTO Improvement and Reform due by 4-28-97; EFFECT APRIL 23, 1997 delegation approvalsÐ Act of 1996; implementation: published 2-27-97 Indiana; comments due by Direct and guaranteed loan Pacific whiting; comments 5-1-97; published 4-1-97 COMMERCE DEPARTMENT making provisions; due by 4-30-97; Wisconsin; comments due National Oceanic and comments due by 5-2-97; published 4-16-97 by 5-1-97; published 4- Atmospheric Administration published 3-3-97 International Code of Conduct 1-97 Fishery conservation and for Responsible Fisheries AGRICULTURE Wisconsin; comments due management: inplementation plan; DEPARTMENT by 5-1-97; published 4- Alaska; fisheries of availability; comments due Rural Housing Service 1-97 Exculsive Economic Federal Agriculture by 4-28-97; published 3-12- ZoneÐ 97 Federal toxics program Improvement and Reform delegation approvalsÐ Bering Sea and Aleutian Act of 1996; implementation: DEFENSE DEPARTMENT Islands groundfish; Indiana; comments due by Direct and guaranteed loan Army Department published 3-24-97 5-1-97; published 4-1-97 making provisions; Military reservations and Fuel and fuel additives; ENVIRONMENTAL comments due by 5-2-97; national cemeteries: PROTECTION AGENCY reformulated and published 3-3-97 Aberdeen Proving Ground, Clean Air Act: conventional gasoline; AGRICULTURE MD; protests, picketing, comments due by 4-28- State operating permits DEPARTMENT and other similar 97; published 3-28-97 programsÐ Rural Utilities Service demonstrations; comments Hazardous waste program Connecticut; published 3- Electric loans: due by 5-2-97; published authorizations: 24-97 4-2-97 Debt settlement; policies Florida; comments due by Pesticides; tolerances in food, and standards; comments DEFENSE DEPARTMENT 5-1-97; published 4-1-97 animal feeds, and raw due by 5-2-97; published Acquisition regulations: agricultural commodities: Michigan; comments due by 3-3-97 Automatic data processing 4-28-97; published 3-28- Kaolin; published 4-23-97 Federal Agriculture equipment leasing costs; 97 Improvement and Reform comments due by 5-2-97; Toxic substances: COMMENTS DUE NEXT Act of 1996; implementation: published 3-3-97 Testing requirementsÐ WEEK Direct and guaranteed loan ENVIRONMENTAL Biphenyl, etc.; comments making provisions; PROTECTION AGENCY comments due by 5-2-97; due by 4-30-97; AGRICULTURE Air pollutants, hazardous; published 2-28-97 DEPARTMENT published 3-3-97 national emission standards: Water pollution control: Agricultural Marketing COMMERCE DEPARTMENT Nonroad phase 2 small Clean Water ActÐ Service International Trade spark-ignition engines; Nectarines and peaches Administration statements of principles; State permitting programs; grown in California; Uruguay Round Agreements comments due by 4-28- comments due by 4-28- comments due by 5-1-97; Act (URAA); conformance: 97; published 3-27-97 97; published 3-28-97 published 4-1-97 Antidumping and Air programs: National pollutant discharge Perishable Agricultural countervailing duties; elimination system Fuel and fuel additives; (NPDES)Ð Commodities Act; Federal regulatory review; reformulated and implmentation: comments due by 4-28- conventional gasoline; Permitting procedures; Retailers and grocery 97; published 2-26-97 phase II opt out clarification and wholesalers; phase-out of COMMERCE DEPARTMENT procedures; comments streamlining; comments license fee payments, due by 4-28-97; published due by 4-28-97; National Oceanic and published 3-28-97 etc.; comments due by 4- Atmospheric Administration 3-28-97 30-97; published 3-31-97 Fishery conservation and Project XL program; site- FEDERAL AGRICULTURE management: specific projectsÐ COMMUNICATIONS COMMISSION DEPARTMENT Atlantic shark; comments Merck & Co., Inc.; Animal and Plant Health due by 4-28-97; published comments due by 4-30- Common carrier services: Inspection Service 2-26-97 97; published 3-31-97 Satellite communicationsÐ Plant-related quarantine, Atlantic swordfish; Air quality implementation Digital audio radio service foreign: comments due by 4-28- plans; approval and terrestrial repeaters or Cotton and cottom products; 97; published 2-26-97 promulgation; various gap-fillers; deployment; pest introduction Atlantic swordfish and shark; States: comments due by 5-2- prevention; comments due comments due by 4-28- California; comments due by 97; published 4-18-97 by 4-30-97; published 4-8- 97; published 3-10-97 4-28-97; published 3-27- Radio services, special: 97 Caribbean, Gulf, and South 97 Private land mobile AGRICULTURE Atlantic fisheriesÐ Michigan; comments due by servicesÐ DEPARTMENT Gulf of Mexico Fishery 4-28-97; published 3-28- Modification of policies Farm Service Agency Management Council; 97 governing use of bands Federal Agriculture public hearings; Air quality implementation below 800 MHz; Improvement and Reform comments due by 5-2- plans; √A√approval and comments due by 5-2- Act of 1996; implementation: 97; published 4-11-97 promulgation; various 97; published 4-16-97 Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Reader Aids v

Radio stations; table of Bog turtle; comments due Ports and waterways safety: cargoes; fair and assignments: by 4-29-97; published 4-3- Port of New York and New reasonable guideline Michigan; comments due by 97 Jersey; safety zone; rates; determination; 4-28-97; published 3-14- Bog turtle (northern comments due by 5-2-97; comments due by 4-29- 97 population); comments published 4-11-97 97; published 2-28-97 due by 4-29-97; published Wyoming; comments due by TRANSPORTATION TRANSPORTATION 1-29-97 4-28-97; published 3-14- DEPARTMENT DEPARTMENT 97 Coastal dunes milkvetch, Federal Aviation FEDERAL DEPOSIT etc. (five plants and lizard Administration National Highway Traffic from Monterey County, Safety Administration INSURANCE CORPORATION Airplane operator security: CA); comments due by 5- Riegle-Neal Interstate Banking Motor vehicle safety 2-97; published 4-2-97 Screening companies (other and Branching Efficiency than air carriers); standards: Act; implementation: INTERIOR DEPARTMENT certification; comments Roof crush resistance; Interstate branches used Minerals Management due by 5-1-97; published Service comments due by 4-28- primarily for deposit 3-17-97 97; published 2-27-97 production; prohibition; Royalty management: Airworthiness directives: comments due by 5-2-97; Oil valuation; Federal leases I.A.M. Rinaldo Piaggio, TRANSPORTATION published 3-17-97 and Federal royalty oil S.p.A.; comments due by DEPARTMENT FEDERAL RESERVE sale; comments due by 4- 4-30-97; published 2-24- 28-97; published 2-18-97 Research and Special SYSTEM 97 Programs Administration Riegle-Neal Interstate Banking LEGAL SERVICES Pratt & Whitney; comments and Branching Efficiency CORPORATION due by 5-1-97; published Pipeline safety: Act; implementation: Welfare reform; comments due 4-1-97 Liquefied natural gas Interstate branches used by 4-28-97; published 3-26- Teledyne Continental regulations; miscellaneous primarily for deposit 97 Motors; comments due by amendments; comments production; prohibition; POSTAL SERVICE 4-30-97; published 3-31- due by 4-28-97; published comments due by 5-2-97; Domestic Mail Manual: 97 2-25-97 published 3-17-97 Information based indicia; Airworthiness standards: comments due by 4-28- TRANSPORTATION FEDERAL TRADE Special conditionsÐ DEPARTMENT COMMISSION 97; published 3-28-97 Jetstream Aircraft Ltd. Trade regulation rules: SECURITIES AND model 4101 airplane; Transportation Statistics Franchising and business EXCHANGE COMMISSION comments due by 4-28- Bureau opportunity ventures; Securities: 97; published 3-14-97 Motor Carrier Financial and disclosure requirements Offshore offers and sales; McDonnell Douglas Operating Data Collection and prohibitions; comments due by 4-29- Helicopter systems Program Negotiated comments due by 4-30- 97; published 2-28-97 model MD-600N Rulemaking Committee: 97; published 2-28-97 Small business and small helicopter; comments Intent to establish; HEALTH AND HUMAN organization; definitions due by 4-29-97; for purposes of published 1-29-97 comments due by 4-30- SERVICES DEPARTMENT 97; published 2-7-97 Food and Drug Regulatory Flexibility Act; Class B airspace; comments Administration comments due by 4-30- due by 5-2-97; published 4- TREASURY DEPARTMENT 97; published 3-20-97 Animal drugs, feeds, and 2-97 Smaller reporting Comptroller of the Currency related products: Class D airspace; comments companies; delayed due by 5-2-97; published 3- Riegle-Neal Interstate Banking Ruminant feed; animal pricing for certain proteins prohibited; 18-97 and Branching Efficiency registrants; comments due Class D and E airspace; Act; implementation: comments due by 4-28- by 4-29-97; published 2- 97; published 4-17-97 comments due by 5-1-97; Interstate branches used 28-97 published 3-26-97 Biologics: Underwriter definition, etc.; primarily for deposit Biological establishments; Class E airspace; comments production; prohibition; comments due by 4-29- due by 4-30-97; published responsible head or 97; published 2-28-97 comments due by 5-2-97; 3-11-97 published 3-17-97 designated qualified SMALL BUSINESS TRANSPORTATION person; requirements ADMINISTRATION TREASURY DEPARTMENT revision; comments due DEPARTMENT Business loan policy: by 4-29-97; published 1- Federal Highway Customs Service 29-97 Depository and non- Administration depository lenders; Customs bonds: Food for human consumption: Engineering and traffic financing and Food labelingÐ operations: Softwood lumber shipments; securitization of entry from Canada; Nutrient content claims; Uniform Traffic Control unguaranteed portions of comments due by 4-28- definition of term Devices ManualÐ Small Business Act 97; published 2-26-97 healthy; comments due guaranteed loans; Center and edge line by 5-1-97; published 4- comments due by 5-2-97; markings; standards; TREASURY DEPARTMENT 1-97 published 4-2-97 comments due by 5-2- Internal Revenue Service Medical foods regulation; TRANSPORTATION 97; published 8-2-96 comments due by 4-28-97; DEPARTMENT TRANSPORTATION Income taxes: published 2-19-97 Coast Guard DEPARTMENT Low-income housing tax INTERIOR DEPARTMENT Drawbridge operations: Maritime Administration credit; Federal grants; Fish and Wildlife Service Mississippi; comments due U.S.-flag commercial vessels: cross reference; Endangered and threatened by 5-2-97; published 3-3- Carriage of bulk and comments due by 4-28- species: 97 packaged preference 97; published 1-27-97