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2 III
Contents Federal Register Vol. 62, No. 94
Thursday, May 15, 1997
Agency for International Development Committee for the Implementation of Textile Agreements NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Cotton, wool, and man-made textiles: Food for Peace; Title II Institutional Support Grant El Salvador, 26782 program, 26816 Meetings: Defense Department Voluntary Foreign Aid Advisory Committee, 26816 See Air Force Department See Defense Logistics Agency Agricultural Marketing Service See Engineers Corps RULES See Navy Department Milk marketing orders: NOTICES Central Arizona, 26735–26736 Environmental statements; availability, etc.: NOTICES Alaska Military Operations record of decision (ROD) for Agency information collection activities: proposed improvements, 26782–26783 Proposed collection; comment request, 26771 Defense Logistics Agency Agriculture Department NOTICES See Agricultural Marketing Service Senior Executive Service: See Federal Crop Insurance Corporation Performance Review Boards; membership, 26783 NOTICES Meetings: Strategic Planning Task Force, 26771 Drug Enforcement Administration NOTICES Air Force Department Applications, hearings, determinations, etc.: NOTICES Hallermeier, Robert G., M.D., 26818–26821 Meetings: Scientific Advisory Board, 26783 Education Department NOTICES Army Department Agency information collection activities: See Engineers Corps Proposed collection; comment request, 26784–26785 Meetings: Centers for Disease Control and Prevention National Educational Research Policy and Priorities Board, 26785 NOTICES Grants and cooperative agreements; availability, etc.: Occupational safety and health— Energy Department Education programs, 26798–26802 See Federal Energy Regulatory Commission Meetings: Safety and Occupational Health Study Section; NIOSH Engineers Corps meeting, 26802–26803 NOTICES Environmental statements; availability, etc.: Children and Families Administration Assateague Island and Ocean City, MD; restoration and NOTICES vicinity water resourcesstudy, 26783–26784 Grants and cooperative agreements; availability, etc.: Child abuse and neglect demonstration projects, 26856– Environmental Protection Agency 26887 RULES Air quality implementation plans; approval and Coast Guard promulgation; various States: RULES New Jersey Regattas and marine parades: Correction, 26854 Fort Myers Beach Offshore Grand Prix, 26744–26745 Virginia, 26745–26749 NOTICES NOTICES Agency information collection activities: Grants and cooperative agreements; availability, etc.: Proposed collection; comment request, 26845 Sustainable development challenge grant program, 26896–26900 Commerce Department Meetings: See Foreign-Trade Zones Board Urban Wet Weather Flows Advisory Committee, 26788 See International Trade Administration Superfund; response and remedial actions, proposed See National Institute of Standards and Technology settlements, etc.: See National Oceanic and Atmospheric Administration Sturgis Municipal Well Field Superfund Site, MI, 26788– See Technology Administration 26789 IV Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Contents
Federal Aviation Administration Environmental statements; availability, etc.: RULES Cypress Creek National Wildlife Refuge, IL, 26813–26814 Air traffic operating and flight rules: Meetings: Afghanistan; prohibition against certain flights within Sport Fishing and Boating Partnership Council, 26814 territory and airspace (SFAR No. 67), 26890–26892 Airworthiness directives: Food and Drug Administration Raytheon, 26737–26739 NOTICES Class E airspace, 26739–26740 Agency information collection activities: PROPOSED RULES Submission for OMB review; comment request, 26803– Air traffic operating and flight rules: 26804 Grand Canyon National Park; establishment of corridors, Meetings: 26902–26908 Advisory committees, panels, etc., 26804–26806 Federal regulatory review, 26894 NOTICES Agency information collection activities: Foreign-Trade Zones Board Submission for OMB review; comment request, 26845– NOTICES 26846 Applications, hearings, determinations, etc.: Air traffic operating and flight rules, etc.: Alabama, 26772 Grand Canyon National Park; special flight rules in New York, 26772–26773 vicinity (SFAR No. 50-2)— Ohio, 26773 Air tour routes, 26909–26914 South Carolina Meetings: Bayer Corp.; rubber chemicals manufacturing facility, RTCA, Inc., 26846 26773
Federal Crop Insurance Corporation General Services Administration PROPOSED RULES NOTICES Crop insurance regulations: Environmental statements; availability, etc.: Dry peas, 26750–26755 San Francisco, CA; record of decision (ROD) proposed Federal Building, 26797 Federal Deposit Insurance Corporation Small business competitiveness demonstration program: NOTICES Solicitation procedures change, 26797–26798 Meetings; Sunshine Act, 26789 Health and Human Services Department Federal Energy Regulatory Commission See Centers for Disease Control and Prevention NOTICES See Children and Families Administration Electric rate and corporate regulation filings: See Food and Drug Administration Niagara Mohawk Power Corp. et al., 26786–26788 See Health Care Financing Administration Applications, hearings, determinations, etc.: See Indian Health Service Koch Gateway Pipeline Co., 26785–26786 See Inspector General Office, Health and Human Services Federal Maritime Commission Department NOTICES See National Institutes of Health Freight forwarder licenses: See Substance Abuse and Mental Health Services Cauci Shipping Inc., et al., 26789 Administration
Federal Reserve System Health Care Financing Administration RULES See Inspector General Office, Health and Human Services Demand deposits; prohibition against payment of interest Department (Regulation Q): NOTICES Limitations on premiums; interpretation, 26736–26737 Agency information collection activities: NOTICES Proposed collection; comment request, 26806 Banks and bank holding companies: Formations, acquisitions, and mergers, 26790 Indian Health Service Permissible nonbanking activities, 26790 NOTICES Medical care: Federal Trade Commission Reimbursement rates for calendar year 1997, 26806– NOTICES 26807 Prohibited trade practices: Cadence Design Systems, Inc., 26790–26797 Inspector General Office, Health and Human Services Fish and Wildlife Service Department NOTICES PROPOSED RULES Endangered and threatened species: Program exclusions, 26807–26808 ‘oha wai, et al. (ten plant taxa from Maui Nui, Hawaii), 26757–26770 Interior Department NOTICES See Fish and Wildlife Service Endangered and threatened species permit applications, See Land Management Bureau 26813 See National Park Service Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Contents V
Internal Revenue Service Meetings: RULES National Cancer Institute, 26811 Income taxes, etc.: National Institute of Arthritis and Musculoskeletal and Accounting method adoption or change requirements; Skin Diseases, 26811 extensions of time to make elections, 26740–26741 National Institute of Diabetes and Digestive and Kidney PROPOSED RULES Diseases, 26812 Income taxes, etc.: Research Grants Division special emphasis panels, 26812 Accounting method adoption or change requirements; extensions of time to make elections; cross reference, National Oceanic and Atmospheric Administration 26755–26757 RULES Fishery conservation and management: International Boundary and Water Commission, United Alaska; fisheries of Exclusive Economic Zone— States and Mexico Pacific cod; correction, 26854 NOTICES Alaska fisheries of Exclusive Economic Zone— Meetings, 26822–26823 Recordkeeping and reporting requirements; revisions; correction, 26749 International Development Cooperation Agency NOTICES See Agency for International Development Marine mammals: Incidental taking; authorization letters, etc.— International Trade Administration Vandendberg AFB, CA; Lockheed launch vehicles, NOTICES 26779–26780 Antidumping: Permits: Stainless steel butt-weld pipe fittings from— Endangered and threatened species, 26780–26782 Taiwan, 26773–26775 Steel wire rope from— National Park Service Republic of Korea, 26776 NOTICES Welded stainless steel pipe from— National Register of Historic Places: Taiwan, 26776–26778 Pending nominations, 26815–26816 Justice Department National Science Foundation See Drug Enforcement Administration NOTICES See National Institute of Corrections NOTICES Meetings: Pollution control; consent judgments: Interagency Arctic Research Policy Committee, 26823 Hall, Wayne C., Jr., 26816–26817 Navy Department New Haven Foundry, Inc., 26817 Northwest Pipe & Casing Co., 26817–26818 RULES Navigation, COLREGS compliance exemptions: Land Management Bureau USS Carney, 26742–26743 NOTICES USS Laboon, 26743–26744 Realty actions; sales, leases, etc.: NOTICES California, 26814–26815 Meetings: Survey plat filings: Marine Corps University, Board of Visitors, 26784 Idaho, 26815 Nuclear Regulatory Commission Wisconsin, 26815 NOTICES Mexico and United States, International Boundary and Applications, hearings, determinations, etc.: Water Commission Consolidated Edison Co. of New York, 26823–26825 See International Boundary and Water Commission, United Northeast Utilities, 26825 States and Mexico Pennsylvania Power & Light Co., 26825–26826 Public Service Electric & Gas Co., 26826–26828 National Institute of Corrections Virginia Electric & Power Co., 26828 NOTICES Virginia Electric and Power Co., 26828–26829 Grants and cooperative agreements; availability, etc.: Wisconsin Public Service Co. et al., 26829–26831 Community Justice project; Deschutes County, OR, 26822 Pension Benefit Guaranty Corporation National Institute of Standards and Technology RULES NOTICES Single-employer plans: Meetings: Allocation of assets— Computer System Security and Privacy Advisory Board, Interest assumptions for valuing benefits, 26741–26742 26778–26779 NOTICES Multiemployer plans: National Institutes of Health Interest rates and assumptions, 26831–26832 NOTICES Agency information collection activities: Public Health Service Submission for OMB review; comment request, 26808– See Centers for Disease Control and Prevention 26809 See Food and Drug Administration Inventions, Government-owned; availability for licensing, See Indian Health Service 26809–26811 See National Institutes of Health VI Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Contents
See Substance Abuse and Mental Health Services See Federal Aviation Administration Administration See Research and Special Programs Administration See Surface Transportation Board Research and Special Programs Administration NOTICES Treasury Department Hazardous materials: See Internal Revenue Service Applications; exemptions, renewals, etc., 26846–26848 United States Information Agency Securities and Exchange Commission NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Self-regulatory organizations; proposed rule changes: Middle East-U.S. exchange program; strengthening social Chicago Stock Exchange, Inc., 26832–26833 services, 26850–26853 Morgan Guaranty Trust Co. of New York; Brussels office, 26833–26840 National Association of Securities Dealers, Inc., 26840– Separate Parts In This Issue 26844 Part II Small Business Administration Department of Health and Human Services, Children and NOTICES Families Administration, 26856–26887 Proposed agency information collection activities; Proposed collection; comment request, 26844–26845 Part III Department of Transportation, Federal Aviation Substance Abuse and Mental Health Services Administration, 26890–26892 Administration NOTICES Part IV Agency information collection activities: Department of Transportation, Federal Aviation Proposed collection; comment request, 26812–26813 Administration, 26894
Surface Transportation Board Part V NOTICES Environmental Protection Agency, 26896–26900 Railroad operation, acquisition, construction, etc.: Southern Freight Logistics, L.L.C., 26848–26849 Part VI Railroad services abandonment: Department of Transportation, Federal Aviation CSX Transportation, Inc., 26849 Administration, 26902–26914 Dallas Area Rapid Transit, 26849–26850
Technology Administration NOTICES Reader Aids Meetings: Additional information, including a list of public laws, Competitive technology stimulation experimental telephone numbers, reminders, and finding aids, appears in program; postponement, 26782 the Reader Aids section at the end of this issue.
Textile Agreements Implementation Committee See Committee for the Implementation of Textile Electronic Bulletin Board Agreements Free Electronic Bulletin Board service for Public Law numbers, Federal Register finding aids, and a list of Transportation Department documents on public inspection is available on 202–275– See Coast Guard 1538 or 275–0920. Federal Register / Vol. 62, No. 94 / Thursday, May 15, 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.
7 CFR 1131...... 26735 Proposed Rules: 416...... 26750 457...... 26750 12 CFR 217...... 26736 14 CFR 39...... 26737 71...... 26739 91...... 268901 Proposed Rules: Ch. I ...... 26894 93...... 26902 26 CFR 1...... 26740 301...... 26740 601...... 26740 Proposed Rules: 1...... 26755 301...... 26755 601...... 26755 29 CFR 4044...... 26741 32 CFR 706 (2 documents) ...... 26742, 26743 33 CFR 100...... 26744 40 CFR 52 (2 documents) ...... 26745, 26854 50 CFR 679 (2 documents) ...... 26749, 26854 Proposed Rules: 17...... 26757 26735
Rules and Regulations Federal Register Vol. 62, No. 94
Thursday, May 15, 1997
This section of the FEDERAL REGISTER This final rule has been reviewed be considered a large business even if contains regulatory documents having general under Executive Order 12988, Civil the local plant has fewer than 500 applicability and legal effect, most of which Justice Reform. This rule is not intended employees. are keyed to and codified in the Code of to have a retroactive effect. This rule For the month of August 1996, the Federal Regulations, which is published under will not preempt any state or local laws, milk of 102 producers was pooled on 50 titles pursuant to 44 U.S.C. 1510. regulations, or policies, unless they the Central Arizona milk order. Of these The Code of Federal Regulations is sold by present an irreconcilable conflict with producers, 6 produced below the the Superintendent of Documents. Prices of this rule. 326,000-pound production guideline new books are listed in the first FEDERAL The Agricultural Marketing and are considered as small businesses. REGISTER issue of each week. Agreement Act of 1937, as amended Of the total number of producers whose (7 U.S.C. 601–674), provides that milk was pooled during that month, 99 administrative proceedings must be were members of United Dairymen of DEPARTMENT OF AGRICULTURE exhausted before parties may file suit in Arizona and 3 were independent court. Under section 608c(15)(A) of the producers. Agricultural Marketing Service Act, any handler subject to an order may For August 1996, there were 5 handlers operating pool plants under 7 CFR Part 1131 request modification or exemption from such order by filing with the Secretary the Central Arizona milk order. Of these [DA±97±01] a petition stating that the order, any handlers, 2 are considered as small provision of the order, or any obligation businesses. This rule proposes to suspend the Milk in the Central Arizona Marketing imposed in connection with the order is requirement that a cooperative Area; Suspension of Certain not in accordance with the law. A association ship at least 50 percent of its Provisions of the Order handler is afforded the opportunity for receipts to other handler pool plants to a hearing on the petition. After a AGENCY: Agricultural Marketing Service, maintain pool status of a manufacturing hearing, the Secretary would rule on the USDA. plant operated by the cooperative. This petition. The Act provides that the rule lessens the regulatory impact of the ACTION: Final rule; suspension. district court of the United States in any order on certain milk handlers and SUMMARY: This document continues to district in which the handler is an tends to ensure that dairy farmers will suspend certain provisions of the inhabitant, or has its principal place of continue to have their milk priced Central Arizona Federal milk marketing business, has jurisdiction in equity to under the order and thereby receive the order. The continued suspension review the Secretary’s ruling on the benefits that accrue from such pricing. eliminates the requirement that a petition, provided a bill in equity is This rule will not result in any cooperative association ship at least 50 filed not later than 20 days after the date additional regulatory burden on percent of its receipts to other handler of the entry of the ruling. handlers in the Central Arizona pool plants to maintain pool status of a Small Business Consideration marketing area since this suspension manufacturing plant operated by the has been continually in effect since cooperative. United Dairymen of In accordance with the Regulatory April 1995. Arizona, a cooperative association that Flexibility Act (5 U.S.C. 601 et seq.), the Preliminary Statement represents nearly all of the producers Agricultural Marketing Service has who supply milk to the market, considered the economic impact of this Notice of proposed rulemaking was requested the suspension. The action on small entities and has certified published in the Federal Register on suspension is necessary to prevent that this rule will not have a significant March 3, 1997 (62 FR 9381) concerning uneconomical and inefficient economic impact on a substantial a proposed suspension of certain movements of milk. number of small entities. For the provisions of the order. Interested purpose of the Regulatory Flexibility persons were afforded opportunity to EFFECTIVE DATE: April 1, 1997 through Act, a dairy farm is considered a ‘‘small March 31, 1999. file written data, views and arguments business’’ if it has an annual gross thereon. One comment opposing the FOR FURTHER INFORMATION CONTACT: revenue of less than $500,000, and a proposed suspension was received from Clifford M. Carman, Marketing dairy products manufacturer is a ‘‘small a dairy farmer. Specialist, USDA/AMS/Dairy Division, business’’ if it has fewer than 500 After consideration of all relevant Order Formulation Branch, Room 2971, employees. The $500,000 per year material, including the proposal in the South Building, P.O. Box 96456, criterion for dairy farmers was used to notice, the comment received, and other Washington, DC 20090–6456, (202)720– establish a production guideline of available information, it is hereby found 9368, e-mail address 326,000 pounds per month. Although and determined for the months of April l l Clifford M [email protected]. this guideline does not factor in 1, 1997, through March 31, 1999, the SUPPLEMENTARY INFORMATION: Prior additional monies that may be received following provision of the order does document in this proceeding: by dairy producers, it should be an not tend to effectuate the declared Notice of Proposed Suspension: inclusive standard for most ‘‘small’’ policy of the Act: Issued February 24, 1997; published dairy farmers. With respect to In § 1131.7, paragraph (c), the words March 3, 1997 (62 FR 9381). determining a handler’s size, if the plant ‘‘50 percent or more of’’, ‘‘(including the The Department is issuing this final is part of a larger company operating skim milk and butterfat in fluid milk rule in conformance with Executive multiple plants that collectively exceed products transferred from its own plant Order 12866. the 500-employee limit, the plant will pursuant to this paragraph that is not in 26736 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Rules and Regulations excess of the skim milk and butterfat 1996, Class I was down 0.7 percent. The PART 1131ÐMILK IN THE CENTRAL contained in member producer milk decrease in total handler deliveries and ARIZONA MARKETING AREA actually received at such plant)’’, and their erratic movements are likely a ‘‘or the previous 12-month period result of changing Class I sales by 1. The authority citation for 7 CFR ending with the current month’’. Central Arizona handlers into Mexico Part 1131 continues to read as follows: Statement of Consideration because of the devaluation of the Authority: 7 U.S.C. 601–674. Mexican peso. The situation has not This rule continues to suspend certain stabilized adequately to assure a reliable § 1131.7 [Suspended in part] provisions of the Central Arizona order fluid milk market for Central Arizona 2. In § 1131.7(c), the words ‘‘50 for the months of April 1, 1997, through handlers. percent or more of’’, ‘‘(including the March 31, 1999. The suspension Pool status of UDA’s manufacturing skim milk and butterfat in fluid milk removes the requirement that a plant would be jeopardized absent products transferred from its own plant cooperative association that operates a continuation of the suspension. Without pursuant to this paragraph that is not in manufacturing plant in the marketing the suspension, costly and inefficient excess of the skim milk and butterfat area must ship at least 50 percent of its movements of milk would have to be contained in member producer milk milk supply during the current month made to maintain pool status of actually received at such plant)’’, and or the previous 12-month period ending producers who have historically ‘‘or the previous 12-month period with the current month to other supplied the market and to prevent ending with the current month’’ are handlers’ pool plants to maintain the disorderly marketing in the Central suspended for the months of April 1, pool status of its manufacturing plant. 1997, through March 31, 1999. The order permits a cooperative Arizona marketing area. association’s manufacturing plant, UDA requested that the suspension be Dated: May 9, 1997. located in the marketing area, to be a granted for an indefinite period Michael V. Dunn, pool plant if at least 50 percent of the beginning in April 1997. After Assistant Secretary, Marketing and producer milk of members of the reviewing the marketing conditions of Regulatory Programs. cooperative association is physically the Central Arizona marketing area and [FR Doc. 97–12709 Filed 5–14–97; 8:45 am] received at pool plants of other handlers their relationship with the uncertain BILLING CODE 3410±02±P during the current month or the value of the Mexican peso, this previous 12-month period ending with suspension will be for a two-year the current month. period. FEDERAL RESERVE SYSTEM Continuation of the current Accordingly, it is appropriate to suspension of this shipping requirement suspend the aforesaid provision for the 12 CFR Part 217 was requested by United Dairymen of months of April 1, 1997, through March [Regulation Q; Docket No. R±0971] Arizona (UDA), a cooperative 31, 1999. association that represents nearly all of It is hereby found and determined Prohibition Against Payment of the dairy farmers who supply the that thirty days’ notice of the effective Interest on Demand Deposits Central Arizona market. UDA states that date hereof is impractical, unnecessary AGENCY: Board of Governors of the the continued pool status of their and contrary to the public interest in Federal Reserve System. manufacturing plant is threatened if the that: suspension is not continued. UDA ACTION: Interpretation. contends that the same marketing (a) The suspension is necessary to conditions that warranted the reflect current marketing conditions and SUMMARY: The Board has amended an suspension the last two years still exist. to assure orderly marketing conditions interpretation to provide an exception to UDA maintains that members who in the marketing area, and to permit the the current limitations on premiums increased their milk production to meet continued pooling of the milk of dairy given on demand deposit accounts. the projected demands of fluid handlers farmers who have historically supplied Section 11 of the Banking Act of 1933 for distribution into Mexico continue to the market without the need for making prohibits the payment of interest on suffer the adverse impact of the collapse costly and inefficient movements of demand deposits, and Regulation Q of the Mexican peso. milk; implements this prohibition. As an The commenter opposing the (b) This suspension does not require exception to this rule, an interpretation continuing suspension contends that the of persons affected substantial or permits premiums up to $10 for expanded milk production was not for extensive preparation prior to the deposits of less than $5000 and up to projected demands of fluid handlers but effective date; and $20 for deposits of $5000 or more not rather for projected cheese demand. The (c) Notice of proposed rulemaking more than twice per year comment points out that the suspension was given interested parties and they (Interpretation). The Interpretation also will lower the blend price as more milk were afforded opportunity to file written limits the timing of such premiums to will be pooled with the suspension than data, views or arguments concerning the opening of a new account or an without it. this suspension. addition to an existing account. During each of the past two years, Therefore, good cause exists for The Board has amended the there has been an increase in total making this order effective less than 30 Interpretation to provide an additional producer milk in the Central Arizona days from the date of publication in the exception that permits premiums given market. Meanwhile the total handler Federal Register. without regard to the balance in a requirements for bulk milk deliveries demand deposit account and the have decreased. However, it should be List of Subjects in 7 CFR Part 1131 duration of the account balance, since noted that Class I utilization has been Milk marketing orders. from an economic point of view such highly erratic from month-to-month. For premiums do not constitute interest on example during the first four months of For the reasons set forth in the the account. Accordingly, depository 1996 fluid utilization on a daily average preamble 7 CFR Part 1131, is amended institutions are permitted to give such basis was up 2.6 percent, but for all of as follows: premiums, without regard to the amount Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Rules and Regulations 26737 of the premium, provided that the institutions to offer incentives to use pursuant to the Paperwork Reduction premiums are not related to or their products, including encouraging Act are contained in the rule. dependent on the balance in the account the use of new services such as ATM or List of Subjects in 12 CFR Part 217 and the duration of the account balance, debit cards. On June 23, 1981, the without violating Regulation Q. Executive Secretary of the DIDC advised Banks, Banking, Federal Reserve EFFECTIVE DATE: May 15, 1997. one bank that wanted to offer System. FOR FURTHER INFORMATION CONTACT: Rick promotions to deposit customers who Authority and Issuance Heyke, Staff Attorney, Legal Division, signed up for an ATM card and another Board of Governors of the Federal bank that wanted to offer promotions to For the reasons set forth in the Reserve System (202/452–3688). For the deposit customers who used an ATM preamble, the Board amends part 217 of hearing impaired only, card more than three times per month, chapter II of title 12 as set forth below: that the promotions would constitute Telecommunications Device for the Deaf PART 217ÐPROHIBITION AGAINST (TDD), Diane Jenkins (202/452–3544). impermissible premiums because they would not coincide with opening or THE PAYMENT OF INTEREST ON SUPPLEMENTARY INFORMATION: adding to an account. In effect, the DEMAND DEPOSITS (REGULATION Q) Background Interpretation, coupled with these 1. The authority citation for part 217 Section 11 of the Banking Act of 1933 rulings, holds that premiums from use continues to read as follows: of a debit card, which reduces the prohibits the payment of interest on Authority: 12 U.S.C. 248, 371a, 461, 505, demand deposits (12 U.S.C. 371a). amount on deposit, constitute interest 1818, and 3105. Regulation Q implements this on the deposit. prohibition (12 CFR 217.3). As an The Board believes that in cases § 217.101 [Amended] exception to this rule, the Interpretation where a premium is not related to or 2. In § 217.101, paragraph (a)(1) is permits premiums up to $10 for dependent on the balance in a demand amended by removing ‘‘,or renewal of,’’, deposits of less than $5000 and up to deposit account and the duration of that and a new paragraph (b) is added after $20 for deposits of $5000 or more not balance, the premium generally should paragraph (a) concluding text to read as more than twice per year (12 CFR not be viewed as interest. follows: In light of all the foregoing, the Board 217.101). The Interpretation limits the is amending its Interpretation effective § 217.101 Premiums on deposits. timing of the premiums to the opening of a new account or an addition to an on date of publication in the Federal * * * * * existing account. The Board has revised Register to except from the Regulation’s (b) Notwithstanding paragraph (a) of the Interpretation to permit in addition restriction any premiums that are not this section, any premium that is not, premiums, without regard to the amount related to the balance in an account and directly or indirectly, related to or of the premium, provided that the the duration of the account balance. dependent on the balance in a demand premiums are not related to or Regulatory Flexibility Act deposit account and the duration of the dependent on the balance in an account account balance shall not be considered The Regulatory Flexibility Act (5 the payment of interest on a demand and the duration of the account balance. U.S.C. 601–612) requires an agency to The premium limitations in deposit account and shall not be subject publish a regulatory flexibility analysis Regulation Q originally applied to all to the limitations in paragraph (a) of this for any final rule for which the agency types of deposits and were established section. was required to publish a general notice in part to prevent evasion of interest rate of proposed rulemaking. Under 12 By order of the Board of Governors of the ceilings at the retail level prior to the Federal Reserve System, May 9, 1997. U.S.C. 553(b), a general notice of deregulation of interest rates on time William W. Wiles, and savings deposits (including NOW proposed rulemaking is not required for interpretative rules. Accordingly, no Secretary of the Board. accounts) pursuant to the Depository [FR Doc. 97–12706 Filed 5–14–97; 8:45 am] Institutions Deregulation and Monetary regulatory flexibility analysis is required BILLING CODE 6210±01±P Control Act of 1980. The premium in this case. The amendment of the Interpretation limitations were agreed upon by the will reduce the regulatory burden Depository Institutions Deregulation imposed by the Board’s Regulation Q on Committee (‘‘DIDC’’) and supported by DEPARTMENT OF TRANSPORTATION all depository institutions, large and all the depository institution regulators Federal Aviation Administration in an effort to preserve a relatively level small. Therefore, the Board believes that the amendment will not have a playing field during the period of 14 CFR Part 39 deposit interest rate deregulation, which significant adverse economic impact on ended in 1986. Since then, banks have a substantial number of small entities. [Docket No. 96±CE±27±AD; Amendment 39± Under 12 U.S.C. 553(d), a 30 day been permitted to offer premiums on 10026; AD 97±10±14] period between publication date and interest bearing accounts, including RIN 2120±AA64 effective date is not required for NOW, time, and savings accounts, without regard to the premium interpretative rules. Accordingly, this Airworthiness Directives; Raytheon limitations, and the limitations have interpretation is effective on date of Aircraft Company Model 1900D only applied to demand deposit publication in the Federal Register. Airplanes (formerly Beech Aircraft accounts. Paperwork Reduction Act Corporation) Because the existing exemption is In accordance with the Paperwork AGENCY: restricted to the opening of or an Federal Aviation Reduction Act notice of 1995 (44 U.S.C. addition to 1 a deposit account, it has Administration, DOT. Ch. 3506; 5 CFR Part 1320, Appendix constrained the ability of depository ACTION: Final rule. A.1), the Board has reviewed the rule under authority delegated to the Board SUMMARY: This amendment adopts a 1 Premiums are also permitted on renewing a deposit, but this has been moot since time deposits by the Office of Management and new airworthiness directive (AD) that were deregulated, and is eliminated in the revision. Budget. No collections of information applies to Raytheon Aircraft Company 26738 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Rules and Regulations
(Raytheon) Model 1900D airplanes angles with attachment angles of the will not have a significant economic (formerly referred to as Beech Aircraft correct thickness. impact, positive or negative, on a Corporation Model 1900D). This action —The replacement of the stabilon substantial number of small entities requires inspecting the stabilon attachment angles with angles of the under the criteria of the Regulatory attachment angles for the correct correct thickness will terminate the Flexibility Act. A copy of the final thickness, repetitively inspecting for inspection requirements of this AD. evaluation prepared for this action is cracks, and replacing the attachment Interested persons have been afforded contained in the Rules Docket. A copy angles that are the incorrect thickness an opportunity to participate in the of it may be obtained by contacting the with ones of the correct thickness. making of this amendment. No Rules Docket at the location provided Recent reports of the affected airplanes comments were received on the under the caption ADDRESSES. having the incorrect size stabilon proposed rule or the FAA’s attachment angles prompted this action. determination of the cost to the public. List of Subjects in 14 CFR Part 39 The actions specified by this AD are Accomplishment of this action would Air transportation, Aircraft, Aviation intended to prevent separation of the be in accordance with Beechcraft safety, Incorporation by reference, stabilon from the airplane, which could Mandatory Service Bulletin No. 2651, Safety. Issued: January, 1996. cause loss of airplane stability during Adoption of the Amendment flight. The FAA’s Determination DATES: Effective July 7, 1997. Accordingly, pursuant to the The incorporation by reference of After careful review of all available authority delegated to me by the certain publications listed in the information related to the subject Administrator, the Federal Aviation regulations is approved by the Director presented above, the FAA has Administration amends part 39 of the of the Federal Register as of July 7, 1997. determined that air safety and the Federal Aviation Regulations (14 CFR public interest require the adoption of ADDRESSES: Service information that part 39) as follows: the rule as proposed except for minor applies to this AD may be obtained from editorial corrections. The FAA has PART 39ÐAIRWORTHINESS Raytheon Aircraft Company, P.O. Box determined that these minor corrections DIRECTIVES 85, Wichita, Kansas 67201–0085. This will not change the meaning of the AD information may also be examined at 1. The authority citation for part 39 and will not add any additional burden the Federal Aviation Administration continues to read as follows: upon the public than was already (FAA), Central Region, Office of the proposed. Authority: 49 U.S.C. 106(g), 40113, 44701. Assistant Chief Counsel, Attention: Rules Docket 96–CE–27–AD, Room Cost Impact § 39.13 [Amended] 1558, 601 E. 12th Street, Kansas City, The FAA estimates that 215 airplanes 2. Section 39.13 is amended by Missouri 64106; or at the Office of the in the U.S. registry will be affected by adding a new airworthiness directive Federal Register, 800 North Capitol this AD, that it will take approximately (AD) to read as follows: Street, NW., suite 700, Washington, DC. 1 hour per airplane to accomplish the 97–10–14. Raytheon Aircraft Company FOR FURTHER INFORMATION CONTACT: Mr. initial inspection, and that the average (formerly Beech Aircraft Corporation): Steven E. Potter, Aerospace Engineer, labor rate is approximately $60 an hour. Amendment 39–10026; Docket No. 96– Wichita Aircraft Certification Service, Based on these figures, the total cost CE–27–AD. 1801 Airport Rd., Rm. 100, Mid- impact of this AD on U.S. operators is Applicability: Model 1900D airplanes Continent Airport, Wichita, Kansas estimated to be $12,900 or $60 per (serial numbers UE–1 through UE–215), 67209; telephone (316) 946-4124; airplane. This figure is only accounting certificated in any category. facsimile (316) 946–4407. for the initial inspection and possible Note 1: This AD applies to each airplane replacement of the stabilon attachment identified in the preceding applicability SUPPLEMENTARY INFORMATION: provision, regardless of whether it has been angles and is not considering the modified, altered, or repaired in the area Events Leading to the Issuance of This number of repetitive inspections that AD subject to the requirements of this AD. For may be incurred over the life of the airplanes that have been modified, altered, or A proposal to amend part 39 of the airplane. repaired so that the performance of the Federal Aviation Regulations (14 CFR requirements of this AD is affected, the Regulatory Impact part 39) to include an AD that would owner/operator must request approval for an apply to Raytheon Model 1900D The regulations adopted herein will alternative method of compliance in airplanes was published in the Federal not have substantial direct effects on the accordance with paragraph (e) of this AD. Register on October 23, 1996 (61 FR States, on the relationship between the The request should include an assessment of the effect of the modification, alteration, or 54965). The action proposed to require: national government and the States, or on the distribution of power and repair on the unsafe condition addressed by —Inspecting the left and right stabilon this AD; and, if the unsafe condition has not attachment angles for proper responsibilities among the various been eliminated, the request should include thickness, which is .090-inch thick; levels of government. Therefore, in specific proposed actions to address it. —If the attachment angles are not the accordance with Executive Order 12612, Compliance: Required within the next 50 correct thickness (.090-inch thick), the it is determined that this final rule does hours time-in-service (TIS) after the effective proposed AD would require: not have sufficient federalism date of this AD, and thereafter as indicated —Repetitively inspecting the stabilon implications to warrant the preparation in the body of this AD, unless already attachment angles for cracks until of a Federalism Assessment. accomplished. cracks are visible, For the reasons discussed above, I To prevent separation of the stabilons from certify that this action (1) is not a the airplane, which could cause loss of —Replacing the attachment angles with airplane stability during flight, accomplish attachment angles of the correct ‘‘significant regulatory action’’ under the following: thickness (.090-inch thick) when Executive Order 12866; (2) is not a (a) Inspect the left and right stabilon cracks become visible, and ‘‘significant rule’’ under DOT attachment angles for proper thickness, —If no cracks are visible during the Regulatory Policies and Procedures (44 which is .090-inch thick in accordance with inspections, replacing the attachment FR 11034, February 26, 1979); and (3) the ACCOMPLISHMENT INSTRUCTIONS Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Rules and Regulations 26739 section of Beechcraft Mandatory Service Issued in Kansas City, Missouri, on May 7, is incorporated by reference in 14 CFR Bulletin (MSB) No. 2651, Issued: January, 1997. 71.1. The Class E airspace designations 1996. Henry A. Armstrong, listed in this document will be revised (b) If the attachment angles are not the Acting Manager, Small Airplane Directorate, subsequently in this Order. correct thickness and measure only .071-inch Aircraft Certification Service. thick, accomplish the following in [FR Doc. 97–12516 Filed 5–14–97; 8:45 am] The Rule accordance with the ACCOMPLISHMENT BILLING CODE 4910±13±U This amendment to part 71 of the INSTRUCTIONS section of Beechcraft MSB No. 2651, Issued: January, 1996: Federal Aviation Regulations (14 CFR part 71) revises the Class E airspace area (1) Repetitively inspect the stabilon DEPARTMENT OF TRANSPORTATION attachment angles for cracks, at intervals not at Bishop, CA, by removing reference to to exceed 50 hours TIS, until cracks are Federal Aviation Administration airspace currently defined as V–381 visible; from the Bishop, CA, E5 legal (2) When cracks are visible, prior to further 14 CFR Part 71 description. The airspace associated with V–381 is otherwise thoroughly and flight, replace the attachment angles with [Airspace Docket No. 97±AWP±11] attachment angles of the correct thickness appropriately described. A review of (.090-inch thick); and Revision of Class E Airspace; Bishop, airspace classification and air traffic (3) If no cracks are visible during any of the CA procedures has made this action inspections required by this AD, within the necessary. The intended effect of this next 600 hours TIS after the effective date of AGENCY: Federal Aviation action is to remove overlapping this AD, replace the 0.071-inch thick Administration (FAA), DOT. descriptions of controlled airspace. attachment angles with 0.090-inch thick ACTION: Final rule. The FAA has determined that this attachment angles. regulation only involves an established (c) Replacing the 0.071-inch thick stabilon SUMMARY: This action revises the legal description for the Class E airspace area body of technical regulations for which attachment angles with 0.090-inch thick frequent and routine amendments are attachment angles at any time after the at Bishop, CA. A review of airspace classification and air traffic procedures necessary to keep them operationally effective date of this AD terminates the current. Therefore, this regulation—(1) repetitive inspection requirements of this has made this action necessary. The is not a ‘‘significant regulatory action’’ AD. intended effect of this action is to under Executive Order 12866; (2) is not (d) Special flight permits may be issued in remove overlapping descriptions of accordance with sections 21.197 and 21.199 controlled airspace. a ‘‘significant rule’’ under DOT of the Federal Aviation Regulations (14 CFR EFFECTIVE DATE: 0901 UTC July 17, 1997. Regulatory Policies and Procedures (44 FR 10034; February 26, 1979); and (3) 21.197 and 21.199) to operate the airplane to FOR FURTHER INFORMATION CONTACT: does not warrant preparation of a a location where the requirements of this AD William Buck, Airspace Specialist, Regulatory Evaluation as the anticipated can be accomplished. Operations Branch, AWP–530, Air impact is so minimal. Since this is a (e) An alternative method of compliance or Traffic Division, Western-Pacific routine matter that will only affect air adjustment of the initial or repetitive Region, Federal Aviation traffic procedures and air navigation, it compliance times that provides an equivalent Administration, 15000 Aviation is certified that this rule will not have level of safety may be approved by the Boulevard, Lawndale, California 90261, a significant economic impact on a Manager, Wichita Aircraft Certification telephone (310) 725–6556. Service, 1801 Airport Rd., Rm. 100, Mid- substantial number of small entities Continent Airport, Wichita, Kansas 67209. SUPPLEMENTARY INFORMATION: under the criteria of the Regulatory The request shall be forwarded through an History Flexibility Act. appropriate FAA Maintenance Inspector, List of Subjects in 14 CFR Part 71 who may add comments and then send it to On March 21, 1997, the FAA the Manager, Wichita Aircraft Certification proposed to amend Part 71 of the Federal Aviation Regulations (14 CFR Airspace, Incorporation by reference, Office. Navigation (air). Note 2: Information concerning the part 71) by revising the Class E airspace existence of approved alternative methods of area at Bishop, CA (62 FR 13562). This Adoption of the Amendment action corrects the Class E airspace compliance with this AD, if any, may be In consideration of the foregoing the obtained from the Wichita Aircraft description at Bishop, CA, by removing Federal Aviation Administration Certification Office. reference to airspace currently defined at V–381 from the Bishop, CA, E5 legal amends 14 CFR part 71 as follows: (f) The inspections and replacements description. The airspace associated required by this AD shall be done in PART 71Ð[AMENDED] accordance with Beechcraft Mandatory with V–381 is otherwise thoroughly and Service Bulletin No. 2651, Issued: January, appropriately described. A review of airspace classification and air traffic 1. The authority citation for 14 CFR 1996. This incorporation by reference was part 71 continues to read as follows: approved by the Director of the Federal procedures has made this action Register in accordance with 5 U.S.C. 552(a) necessary. The intended effect of this Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– and 1 CFR part 51. Copies may be obtained action is to remove overlapping 1963 Comp., p. 389; 14 CFR 11.69. from Raytheon Aircraft Company, P. O. Box descriptions of controlled airspace. Interested parties were invited to 85, Wichita, Kansas 67201–0085. Copies may § 71.1 [Amended] be inspected at the FAA, Central Region, participate in this rulemaking Office of the Assistant Chief Counsel, Room proceeding by submitting written 2. The incorporation by reference in 1558, 601 E. 12th Street, Kansas City, comments on the proposals to the FAA. 14 CFR 71.1 of the Federal Aviation Missouri, or at the Office of the Federal No comments to the proposal were Administration Order 7400.9D, Airspace Register, 800 North Capitol Street, NW., suite received. Class E airspace designations Designations and Reporting Points, 700, Washington, DC. are published in paragraph 6005 of FAA dated September 4, 1996, and effective (g) This amendment (39–10026) becomes Order 7400.9D dated September 4, 1996, September 16, 1996, is amended as effective on July 7, 1997. and effective September 16, 1996, which follows: 26740 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Rules and Regulations
Paragraph 6005 Class E airspace areas and compelling circumstances. The accounting. Taxpayers are encouraged extending upward from 700 feet or more regulations affect taxpayers requesting a to file the Form 3115 as early as possible above the surface of the earth. change in method of accounting for during the year of change to provide the * * * * * federal income tax purposes. The text of IRS adequate time to process the AWP CA E5 Bishop, CA these temporary regulations also serves application prior to the original due as the text of the proposed regulations date of the taxpayer’s return. Beatty VORTAC (lat. 36°48′02′′ N, long. 116°44′52′′ W) set forth in the notice of proposed In addition, §§ 301.9100–1T and Bishop VOR/DME rulemaking on this subject in the 301.9100–3T are amended to provide (lat. 37°22′37′′ N, long. 118°21′59′′ W) Proposed Rules section of this issue of that an extension of time to file a Form That airspace extending upward from 700 the Federal Register. 3115 (i.e., beyond the taxable year) will feet above the surface within a 4.3-mile DATES: These regulations are effective only be granted in unusual and radius of the Bishop VOR and that airspace May 15, 1997. compelling circumstances. within 2.2 miles each side of the Bishop VOR For dates of applicability of these These amendments are effective for 337° radial extending from the 4.3-mile regulations, see §§ 1.446–1T(e)(3)(iii), Forms 3115 filed on or after May 15, radius to 27.8 miles northwest of the VOR. 301.9100–1T(h) and 601.204T(e) of 1997. That airspace extending upward from 1,200 these regulations. feet above the surface within 8 miles Special Analyses southwest and 11 miles northeast of the FOR FURTHER INFORMATION CONTACT: Bishop VOR 157° and 337° radials, extending Cheryl L. Oseekey at (202) 622–4970 It has been determined that this from 16 miles northwest of the VOR to 19.1 (not a toll-free number). Treasury decision is not a significant miles southeast of the VOR. That airspace regulatory action as defined in EO extending upward from 12,500 feet MSL SUPPLEMENTARY INFORMATION: 12866. Therefore, a regulatory within 4.3 miles each side of a direct course Background assessment is not required. It also has between the Bishop VOR and Lidat been determined that section 553(b) of This document contains amendments Intersection, 36.5 miles 12,500 feet MSL, the Administrative Procedure Act (5 to the Regulations on Income Taxes (26 10,500 feet MSL Lidat Intersection and U.S.C. chapter 5) does not apply to these CFR part 1), the Regulations on within 4.3 miles each side of a direct course regulations. Sections 1.446–1(e)(3)(i) between Bishop VOR and Beatty VORTAC Procedure and Administration (26 CFR and 601.204(b) require a taxpayer to file 69.5 miles 12,500 feet MSL, 10,500 feet MSL part 301), and the Statement of a Form 3115, Application for Change in Beatty. Procedural Rules (26 CFR part 601) Accounting Method, with the * * * * * relating to the requirements for changes Commissioner within the first 180 days Issued in Los Angeles, California, on May in method of accounting and extensions of the taxable year in which the 5, 1997. of time to make elections. Proposed and taxpayer desires to make the change. Sabra W. Kaulia, temporary regulations relating to The temporary regulations in this Acting Manager, Air Traffic Division, extensions of time to make elections document, §§ 1.446–1T(e)(3)(i) and Western-Pacific Region. were published in the Federal Register 601.204T(b), merely extend the time for [FR Doc. 97–12754 Filed 5–14–97; 8:45 am] for June 27, 1996 (61 FR 29714 and 61 filing the Form 3115 and, therefore, do FR 33365). These regulations extend the BILLING CODE 4910±13±M not contain a new collection of time for filing an application for change information. Thus, because the in accounting method under § 1.446– regulations do not impose a collection 1(e)(3)(i) and amend §§ 301.9100–1T DEPARTMENT OF THE TREASURY of information on small entities, the and 301.9100–3T to provide that an Regulatory Flexibility Act (5 U.S.C. Internal Revenue Service extension of time to file an application chapter 6) does not apply. Pursuant to for change in accounting method section 7805(f) of the Internal Revenue 26 CFR Parts 1, 301 and 601 beyond the year provided in these Code, these temporary regulations will regulations will be granted only in [TD 8719] be submitted to the Chief Counsel for unusual and compelling circumstances. RIN 1545±AU41 and 1545±AV19 Advocacy of the Small Business Explanation of Provisions Administration for comment on their Requirements Respecting the Section 446(e) requires that a taxpayer impact on small business. Adoption or Change of Accounting obtain the Commissioner’s consent Drafting Information Method; Extensions of Time To Make before changing a method of accounting. Elections Sections 1.446–1(e)(3)(i) and 601.204(b) The principal author of these regulations is Cheryl L. Oseekey of the AGENCY: Internal Revenue Service (IRS), require the taxpayer to file a Form 3115, Application for Change in Accounting Office of Assistant Chief Counsel Treasury. (Income Tax and Accounting). However, ACTION: Temporary regulations. Method, with the Commissioner within the first 180 days of the taxable year in other personnel from the IRS and SUMMARY: This document contains which the taxpayer desires to make the Treasury Department participated in temporary regulations relating to the change. Sections 301.9100–1T and their development. procedure for requesting a change in 301.9100–3T provide limited relief for List of Subjects accounting method and to the standards extending the time to file a Form 3115 for granting an extension of time to (not to exceed 90 days from the deadline 26 CFR Part 1 request a change in accounting method. for filing the Form 3115 except in Income taxes, Reporting and The regulations provide for a longer unusual and compelling circumstances). recordkeeping requirements. period of time for filing an application Sections 1.446–1(e)(3)(i) and for change in accounting method with 601.204(b) are amended to provide that 26 CFR Part 301 the Commissioner. The regulations also a taxpayer must file a Form 3115 with Employment taxes, Estate taxes, provide that an extension of time to file the Commissioner during the taxable Excise taxes, Gift taxes, ncome taxes, an application for change in accounting year in which the taxpayer desires to Penalties, Reporting and recordkeeping method will be granted only in unusual make the change in method of requirements. Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Rules and Regulations 26741
26 CFR Part 601 § 301.9100±1T Extensions of time to make PENSION BENEFIT GUARANTY elections (temporary). Administrative practice and CORPORATION * * * * * procedure, Freedom of information, (h) * * * In addition, § 301.9100– 29 CFR Part 4044 Reporting and recordkeeping 3T(c)(2)(i) is effective for any Form 3115 requirements, Taxes. filed on or after May 15, 1997. Allocation of Assets in Single- Adoption of Amendments to the Par. 6. In § 301.9100–3T, paragraph Employer Plans; Interest Assumptions Regulations (c)(2)(i) is revised to read as follows: for Valuing Benefits Accordingly, 26 CFR parts 1, 301, and § 301.9100±3T Other extensions AGENCY: Pension Benefit Guaranty 601 are amended as follows: (temporary). Corporation. * * * * * ACTION: Final rule. PART 1ÐINCOME TAXES (c) * * * (2) * * * SUMMARY: The Pension Benefit Guaranty Paragraph 1. The authority citation (i) Subject to the procedure described Corporation’s regulation on Allocation for part 1 continues to read in part as in § 1.446–1T(e)(3)(i) of this chapter of Assets in Single-Employer Plans follows: (requiring the advance written consent prescribes interest assumptions for Authority: 26 U.S.C. 7805. * * * of the Commissioner); valuing benefits under terminating * * * * * single-employer plans. This final rule Par. 2. Section 1.446–1, paragraph amends the regulation to adopt interest (e)(3)(i) is amended by adding a PART 601ÐSTATEMENT OF assumptions for plans with valuation sentence at the end of the paragraph to PROCEDURAL RULES dates in June 1997. read as follows: EFFECTIVE DATE: June 1, 1997. Par. 7. The authority citation for part FOR FURTHER INFORMATION CONTACT: § 1.446±1 General rule for methods of 601 continues to read as follows: accounting. Harold J. Ashner, Assistant General * * * * * Authority: 26 U.S.C. 301 and 552, unless Counsel, Office of the General Counsel, otherwise noted. (e)(3) * * * For any Form 3115 filed Pension Benefit Guaranty Corporation, on or after May 15, 1997, see § 1.446– Par. 8. Section 601.204, paragraph (b) 1200 K Street, NW., Washington, DC 1T(e)(3)(i)(B). is amended by adding a sentence at the 20005, 202–326–4024 (202–326–4179) Par. 3. Section 1.446–1T is added to end of the paragraph to read as follows: for TTY and TDD). SUPPLEMENTARY INFORMATION: The read as follows: § 601.204 Changes in accounting periods and in methods of accounting. PBGC’s regulation on Allocation of § 1.446±1T General rule for methods of Assets in Single-Employer Plans (29 accounting (temporary). * * * * * CFR part 4044) prescribes actuarial (b) * * * For any Form 3115 filed on assumptions for valuing plan benefits of (a) through (d) [Reserved] For further or after May 15, 1997, see terminating single-employer plans guidance, see § 1.446–1 (a) through (d). § 601.204T(b)(2). (e) Requirement respecting the Par. 9. Section 601.204T is added to covered by title IV of the Employee adoption or change of accounting read as follows: Retirement Income Security Act of 1974. method. Among the actuarial assumptions (1) and (2) [Reserved] For further § 601.204T Changes in accounting periods prescribed in part 4044 are interest guidance, see § 1.446–1(e) (1) and (2). and in methods of accounting (temporary). assumptions. These interest (3)(i)(A) [Reserved] For further (a) [Reserved] For further guidance, assumptions are intended to reflect guidance, see § 1.446–1(e)(3)(i). see § 601.204(a). current conditions in the financial and (b) Methods of accounting. (1) annuity markets. (B) For any Form 3115 filed on or [Reserved] For further guidance, see Two sets of interest assumptions are after May 15, 1997, permission to § 601.204(b). prescribed, one set for the valuation of change a taxpayer’s method of (2) For any Form 3115 filed on or after benefits to be paid as annuities and one accounting will not be granted unless May 15, 1997, application for set for the valuation of benefits to be the taxpayer agrees to the permission to change the method of paid as lump sums. This amendment Commissioner’s prescribed terms and accounting employed shall be made on adds to appendix B to part 4044 the conditions for effecting the change, Form 3115 and filed with the annuity and lump sum interest including the taxable year or years in Commissioner during the taxable year in assumptions for valuing benefits in which any adjustment necessary to which the taxpayer desires to make the plans with valuation dates during June prevent amounts from being duplicated change in method of accounting. 1997. or omitted is to be taken into account. Permission to change the method of For annuity benefits, the interest (ii) and (iii) [Reserved] For further accounting will not be granted unless assumptions will be 6.40 percent for the guidance, see § 1.446–1(e)(3) (ii) and the taxpayer and the Commissioner first 25 years following the valuation (iii). agree to the terms and conditions under date and 5.00 percent thereafter. The annuity interest assumptions represent PART 301ÐPROCEDURE AND which the change will be effected. (c) and (d) [Reserved] For further an increase (from those in effect for May ADMINISTRATION guidance, see § 601.204 (c) and (d). 1997) of 0.10 percent for the first 25 Par. 4. The authority citation for part Margaret Milner Richardson, years following the valuation date and 301 continues to read in part as follows: Commissioner of Internal Revenue. are otherwise unchanged. For benefits to be paid as lump sums, the interest Authority: 26 U.S.C. 7805. * * * Approved: May 2, 1997. assumptions to be used by the PBGC Par. 5. In § 301.9100–1T, paragraph Donald C. Lubick, will be 5.25 percent for the period (h) is amended by adding a sentence at Assistant Secretary of the Treasury. during which a benefit is in pay status, the end of the paragraph to read as [FR Doc. 97–12514 Filed 5–14–97; 8:45 am] 4.50 percent during the seven-year follows: BILLING CODE 4830±01±U period directly preceding the benefit’s 26742 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Rules and Regulations placement in pay status, and 4.00 Because of the need to provide In consideration of the foregoing, 29 percent during any other years immediate guidance for the valuation of CFR part 4044 is amended as follows: preceding the benefit’s placement in pay benefits in plans with valuation dates status. The lump sum interest during June 1997, the PBGC finds that PART 4044ÐALLOCATION OF assumptions represent an increase (from good cause exists for making the ASSETS IN SINGLE-EMPLOYER those in effect for May 1997) of 0.25 assumptions set forth in this PLANS percent for the period during which a amendment effective less than 30 days 1. The authority citation for part 4044 benefit is in pay status and for the seven after publication. continues to read as follows: The PBGC has determined that this years directly preceding that period; Authority: 29 U.S.C. 1301(a), 1302(b)(3), they are otherwise unchanged. action is not a ‘‘significant regulatory 1341, 1344, 1362. action’’ under the criteria set forth in The PBGC has determined that notice Executive Order 12866. 2. In appendix B, a new entry is and public comment on this amendment added to Table I, and Rate Set 44 is are impracticable and contrary to the Because no general notice of proposed rulemaking is required for this added to Table II, as set forth below. public interest. This finding is based on The introductory text of each table is the need to determine and issue new amendment, the Regulatory Flexibility Act of 1980 does not apply. See 5 U.S.C. republished for the convenience of the interest assumptions promptly so that 601(2). reader and remains unchanged. the assumptions can reflect, as Appendix B to Part 4044—Interest accurately as possible, current market List of Subjects in 29 CFR Part 4044 Rates Used to Value Annuities and conditions. Pension insurance, Pensions. Lump Sums
TABLE I.Ð[ANNUITY VALUATIONS]
[This table sets forth, for each indicated calendar month, the interest rates (denoted by i1, i2, * * * , and referred to generally as it) assumed to be in effect between specified anniversaries of a valuation date that occurs within that calendar month; those anniversaries are specified in the columns adjacent to the rates. The last listed rate is assumed to be in effect after the last listed anniversary date]
The values of it are: For valuation dates occurring in the monthÐ it for t= it for t= it for t=
******* June 1997 ...... 0640 1±25 .0500 >25 N/A N/A
TABLE II.Ð[LUMP SUM VALUATIONS] [In using this table: (1) For benefits for which the participant or beneficiary is entitled to be in pay status on the valuation date, the immediate an- nuity rate shall apply; (2) For benefits for which the deferral period is y years (where y is an integer and 0
For plans with a valuation Immediate Deferred annuities (percent) Rate set date annuity rate i i n n On or after Before (percent) i1 2 3 1 2
******* 44 ...... 06±1±97 07±1±97 5.25 4.50 4.00 4.00 7 8
Issued in Washington, D.C., on this 12th DEPARTMENT OF DEFENSE the Deputy Assistant Judge Advocate day of May 1997. General (Admiralty) of the Navy has John Seal, Department of the Navy determined that USS CARNEY (DDG 64) is a vessel of the Navy which, due to its Acting Executive Director, Pension Benefit 32 CFR Part 706 Guaranty Corporation. special construction and purpose, [FR Doc. 97–12774 Filed 5–14–97; 8:45 am] Certifications and Exemptions Under cannot comply fully with certain provisions of the 72 COLREGS without BILLING CODE 7708±01±P the International Regulations for Preventing Collisions at Sea, 1972 interfering with its special functions as Amendment a naval ship. The intended effect of this rule is to warn mariners in waters where AGENCY: Department of the Navy, DOD. 72 COLREGS apply. ACTION: Final rule. EFFECTIVE DATE: May 1, 1997. SUMMARY: The Department of the Navy FOR FURTHER INFORMATION CONTACT: is amending its certifications and Captain R.R. Pixa, JAGC, U.S. Navy, exemptions under the International Admiralty Counsel, Office of the Judge Regulations for Preventing Collisions at Advocate General, Navy Department, Sea, 1972 (72 COLREGS), to reflect that 200 Stovall Street, Alexandria, VA Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Rules and Regulations 26743
22332–2400, Telephone number: (703) the vessel, the placement of the after List of Subjects in 32 CFR Part 706 325–9744. masthead light, and the horizontal Marine safety, Navigation (water), and SUPPLEMENTARY INFORMATION: distance between the forward and after Pursuant Vessels. to the authority granted in 33 U.S.C. masthead lights. The Deputy Assistant 1605, the Department of the Navy Judge Advocate General (Admiralty) has Accordingly, 32 CFR part 706 is amends 32 CFR part 706. This also certified that the lights involved are amended as follows: amendment provides notice that the located in closest possible compliance Deputy Assistant Judge Advocate with the applicable 72 COLREGS PART 706Ð[AMENDED] General (Admiralty) of the Navy, under requirements. 1. The authority citation for 32 CFR authority delegated by the Secretary of Moreover, it has been determined, in Part 706 continues to read as follows: the Navy, has certified that USS accordance with 32 CFR parts 296 and CARNEY (DDG 64) is a vessel of the 701, that publication of this amendment Authority: 33 U.S.C. 1605. Navy which, due to its special for public comment prior to adoption is 2. Table Five of § 706.2 is amended by construction and purpose, cannot impracticable, unnecessary, and revising the entry for the USS CARNEY comply fully with the following specific contrary to public interest since it is to read as follows: provision of 72 COLREGS without based on technical findings that the interfering with its special function as a placement of lights on this vessel in a § 706.2 Certifications of the Secretary of naval ship: Annex I, paragraph 3(a), manner differently from that prescribed the Navy under Executive Order 11964 and pertaining to the location of the forward herein will adversely affect the vessel’s U.S.C. 1605. masthead light in the forward quarter of ability to perform its military functions. * * * * *
TABLE FIVE
After masthead light Masthead lights not Forward masthead 1 Percentage less than ¤2 ship's horizontal Vessel No. over all other lights light not in forward length aft of forward and obstructions. quarter of ship. masthead light. separation annex I, sec. 2(f) annex I, sec. 3(a) annex I, sec. 3(a) attained
******* USS Carney ...... DDG 64 XXX 19.7
*******
Dated: May 1, 1997. exemptions under the International SUPPLEMENTARY INFORMATION: Pursuant Approved: Regulations for Preventing Collisions at to the authority granted in 33 U.S.C. R. R. Pixa, Sea, 1972 (72 COLREGS), to reflect that 1605, the Department of the Navy Captain, JAGC, U.S. Navy, Deputy Assistant the Deputy Assistant Judge Advocate amends 32 CFR part 706. This Judge Advocate General (Admiralty). General (Admiralty) of the Navy has amendment provides notice that the [FR Doc. 97–12765 Filed 5–14–97; 8:45 am] determined that USS LABOON (DDG Deputy Assistant Judge Advocate BILLING CODE 3810±FF±P 58) is a vessel of the Navy which, due General (Admiralty) of the Navy, under to its special construction and purpose, authority delegated by the Secretary of cannot comply fully with certain the Navy, has certified that USS DEPARTMENT OF DEFENSE provisions of the 72 COLREGS without LABOON (DDG 58) is a vessel of the interfering with its special functions as Navy which, due to its special Department of the Navy a naval ship. The intended effect of this construction and purpose, cannot comply fully with the following specific rule is to warn mariners in waters where 32 CFR Part 706 provision of 72 COLREGS without 72 COLREGS apply. interfering with its special function as a Certifications and Exemptions Under EFFECTIVE DATE: naval ship: Annex I, paragraph 3(a), the International Regulations for May 1, 1997. pertaining to the location of the forward Preventing Collisions at Sea, 1972 FOR FURTHER INFORMATION CONTACT: masthead light in the forward quarter of Amendment Captain R. R. Pixa, JAGC, U.S. Navy, the vessel, the placement of the after AGENCY: Department of the Navy, DOD. Admiralty Counsel, Office of the Judge masthead light, and the horizontal Advocate General, Navy Department, ACTION: Final rule. distance between the forward and after 200 Stovall Street, Alexandria, VA masthead lights. The Deputy Assistant SUMMARY: The Department of the Navy 22332–2400, Telephone number: (703) Judge Advocate General (Admiralty) has is amending its certifications and 325–9744. also certified that the lights involved are 26744 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Rules and Regulations located in closest possible compliance herein will adversely affect the vessel’s Authority: 33 U.S.C. 1605. with the applicable 72 COLREGS ability to perform its military functions. requirements. 2. Table Five of § 706.2 is amended by List of Subjects in 32 CFR Part 706 Moreover, it has been determined, in revising the entry for the USS LABOON accordance with 32 CFR parts 296 and Marine safety, Navigation (water), and to read as follows: Vessels. 701, that publication of this amendment § 706.2 Certifications of the Secretary of Accordingly, 32 CFR part 706 is for public comment prior to adoption is the Navy under Executive Order 11964 and impracticable, unnecessary, and amended as follows: U.S.C. 1605. contrary to public interest since it is PART 706Ð[AMENDED] * * * * * based on technical findings that the placement of lights on this vessel in a 1. The authority citation for 32 CFR manner differently from that prescribed Part 706 continues to read as follows:
TABLE FIVE
Masthead lights not Forward masthead After mast-head light Percentage less than 1¤2 ship's Vessel No. over all other lights light not in forward length aft of forward horizontal and obstructions. quarter of ship. annex masthead light. annex separation annex I, sec. 2(f) I, sec. 3(a) I, sec. 3(a) attained
******* USS Laboon ...... DDG 58 XXX 19.6
*******
Dated: May 1, 1997. SUPPLEMENTARY INFORMATION: Regulatory Evaluation Approved: Regulatory History R. R. Pixa, This rule is not a significant The amended regulations were regulatory action under Section 3(f) of Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty). published in the Federal Register as a the Executive Order 12866 and does not Notice of Proposed Rulemaking on April require an assessment of the potential [FR Doc. 97–12766 Filed 5–14–97; 8:45 am] 7, 1997 (62 FR 16513). No comments costs and benefits under Section 6(a)(3) BILLING CODE 3810±FF±P were received during the 30 day of that Order. It has been exempted from comment period. review by the Office of Management and Background and Purpose Budget under that order. It is not DEPARTMENT OF TRANSPORTATION significant under the regulatory policies The amended regulations are required and procedures of the Department of Coast Guard to provide for the safety of life during Transportation (DOT) (44 FR 11040; the Fort Myers Beach Offshore Grand February 26, 1979). 33 CFR Part 100 Prix because of the permanent change in the date of the event from the first The Coast Guard expects the [CGD07±97±010] Saturday and Sunday in June to the economic impact of this rule to be so third Saturday and Sunday in May. minimal that a full Regulatory Evaluation under paragraph 10e of the RIN 2115±AE46 There will be approximately 170 participants and spectator craft. The regulatory policies and procedures of Special Local Regulations: Fort Myers resulting congestion of navigable DOT is unnecessary. The proposed Beach, FL channels on the third weekend in May, amended regulation would remain in vice the first weekend in June, creates effect for only 4 hours each day for two AGENCY: Coast Guard, DOT. an extra or unusual hazard in the days. ACTION: Final rule. navigable waters. In accordance with 5 U.S.C. 553, good Small Entities SUMMARY: The Coast Guard is amending cause exists for making these the permanent special local regulations Under the Regulatory Flexibility Act regulations effective in less than 30 days (5 U.S.C. 601 et seq.), the Coast Guard for the Fort Myers Beach Offshore Grand after Federal Register publication. Prix. This event, previously scheduled must consider whether this rule will Delaying its effective date would be have a significant economic impact on to be held annually on the first Saturday contrary to public interest since and Sunday of June, will now be held a substantial number of small entities. immediate action is needed to minimize ‘‘Small entities’’ include independently annually during the third Saturday and potential danger to the public as the Sunday of May, between 12 p.m. and 3 owned and operated small businesses event is scheduled to be held in less that are not dominant in their field and p.m. each day (Eastern Daylight Time). than two weeks. These amended regulations are that otherwise qualify as ‘‘small necessary to provide for the safety of life Discussion of Regulations business concerns’’ under section 3 of on navigable waters during the event. The amended regulations will the Small Business Act (15 U.S.C. 632). DATES: Effective: May 15, 1997. permanently change the date of the The Coast Guard certifies under 5 FOR FURTHER INFORMATION CONTACT: Special Local Regulations for the Fort U.S.C. 605(b) that this rule will not have LTJG T. J. Stuhlreyer, Coast Guard Myers Beach Grand Prix from the first a significant economic impact on a Group St. Petersburg, FL at (813) 824– Saturday and Sunday in June to the substantial number of small entities, as 7533. third Saturday and Sunday in May. the regulations will be in effect for only Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Rules and Regulations 26745 four hours on two separate days each ENVIRONMENTAL PROTECTION VI. Further Requirements for Full I/M SIP year. AGENCY Approval VII. Administrative Requirements Collection of Information 40 CFR Part 52 A. Executive Order 12866 B. Regulatory Flexibility Act These regulations contain no C. Unfunded Mandates collection of information requirements [VA 056±5023; FRL±5826±2] D. Submission to Congress and the General under the Paperwork Reduction Act (44 Accounting Office Approval and Promulgation of Air E. Petitions for Judicial Review U.S.C. 3501 et seq.). Quality Implementation Plans; II. Background Federalism Commonwealth of Virginia; Enhanced Motor Vehicle Inspection and On November 6, 1996 (61 FR 57343), This action has been analyzed in Maintenance Program EPA published a notice of proposed accordance with the principles and rulemaking (NPR) for the criteria contained in Executive Order AGENCY: Environmental Protection Commonwealth of Virginia. The NPR 12612, and it has been determined that Agency (EPA). proposed conditional interim approval the rulemaking does not have sufficient ACTION: Interim final rule. of Virginia’s enhanced inspection and Federalism implications to warrant the maintenance program, submitted to preparation of a Federalism Assessment. SUMMARY: EPA is granting conditional satisfy the applicable requirements of interim approval of a State both the Clean Air Act (CAA) and the Environmental Assessment Implementation Plan (SIP) revision National Highway Systems Designation submitted by Virginia. This revision Act (NHSDA). The formal SIP revision The Coast Guard has considered the establishes and requires the was submitted by the Virginia environmental impact of this action and implementation of an enhanced Department of Environmental Quality has determined pursuant to section inspection and maintenance (I/M) on March 27, 1996. 2.B.2.e. (34)(h) of Commandant program in the following Virginia As described in that notice, the Instruction M16475.1B, that this action Counties: Arlington, Fairfax, Fauquier, NHSDA directs EPA to grant interim is categorically excluded from further Loudoun, Prince William, and Stafford, approval for a period of 18 months to environmental documentation. and the Cities of Alexandria, Fairfax, approvable I/M submittals under this Act. The NHSDA also directs EPA and List of Subjects in 33 CFR Part 100 Falls Church, Manassas, and Manassas Park. The intended effect of this action the states to review the interim program Marine Safety, Navigation (water), is to conditionally approve the results at the end of that 18-month Reporting and recordkeeping Commonwealth’s proposed enhanced I/ period, and to make a determination as to the effectiveness of the interim requirements, Waterways. M program for an interim period to last 18 months, based upon the program. Following this demonstration, Final Regulations Commonwealth’s good faith estimate of EPA will adjust any credit claims made by the state in its good faith effort, to In consideration of the foregoing, the the program’s performance. This action is being taken under section 110 of the reflect the emissions reductions actually Coast Guard amends part 100 of Title Clean Air Act and section 348 of the measured by the state during the 33, Code of Federal Regulations, as National Highway Systems Designation program evaluation period. The NHSDA follows: Act. is clear that the interim approval shall last for only 18 months, and that the PART 100Ð[AMENDED] EFFECTIVE DATE: This final rule is program evaluation is due to EPA at the effective on June 16, 1997. end of that period. Therefore, EPA 1. The Authority citation for part 100 ADDRESSES: Copies of the documents believes Congress intended for these continues to read as follows: relevant to this action are available for programs to start up as soon as possible, Authority: 33 U.S.C. 1233; 49 CFR 1.46. public inspection during normal which EPA believes should be on or business hours at the Air, Radiation, before November 15, 1997, so that at 2. In § 100.717, paragraph (c) is and Toxics Division, U.S. least six months of operational program revised to read as follows: Environmental Protection Agency, data can be collected to evaluate the Region III, 841 Chestnut Building, interim programs. EPA believes that in § 100.717 Special Local Regulations; Fort Philadelphia, Pennsylvania 19107. They setting such a strict timetable for Myers Beach, FL. are also available for inspection at the program evaluations under the NHSDA, * * * * * Virginia Department of Environmental Congress recognized and attempted to (c) Effective dates: This section is Quality, 629 East Main Street, mitigate any further delay with the start- effective each day from 11 a.m. through Richmond, Virginia 23219. up of this program. If the Commonwealth fails to start its program 3 p.m. EDT annually during the third FOR FURTHER INFORMATION CONTACT: according to this schedule, this Saturday and Sunday of May. Catherine L. Magliocchetti, by telephone conditional interim approval granted at: (215) 566–2174, or via e-mail at: Dated: May 7, 1997. under the provisions of the NHSDA will magliocchetticatherine J.W. Lockwood, convert to a disapproval after a finding @epamail.epa.gov. The mailing address letter is sent to the Commonwealth. Rear Admiral, U.S. Coast Guard, Commander, is U.S. EPA Region III, 841 Chestnut Unlike the other specified conditions of Seventh Coast Guard District. Street, Philadelphia, PA, 19107. [FR Doc. 97–12791 Filed 5–14–97; 8:45 am] this rulemaking, which are explicit SUPPLEMENTARY INFORMATION: conditions under section 110(k)(4) of BILLING CODE 4910±14±M I. Table of Contents the CAA and which will trigger an II. Background automatic disapproval should the III. Public Comments/Response to Comments Commonwealth fail to meet its IV. Conditional Interim Approval commitments, the startdate provision V. Final Rulemaking Action will trigger a disapproval upon EPA’s 26746 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Rules and Regulations notification to the Commonwealth by interim approval. In a December 4, 1996 ASM test. The draft regulations letter that the startdate has been missed. letter to EPA from Thomas H. Hopkins, submitted to EPA with the commitment This letter will notify the Director of the Virginia Department of letter, containing the two-mode ASM Commonwealth that this rulemaking Environmental Quality, Virginia procedures and specifications do not action has been converted to a commits to satisfy the major comply in all respects with EPA’s ASM disapproval and that the sanctions deficiencies cited in the NPR, by dates technical guidance EPA–AA–RSPD–IM– clocks associated with this disapproval certain specified in the letter. Since EPA 96–2. EPA expects that Virginia will has been triggered as a result of this is in receipt of the Commonwealth’s remedy any remaining discrepancies failure. The startdate condition is not commitments, EPA is today taking final between its regulation and approved imposed pursuant to a commitment to conditional approval action upon the EPA specifications by the September 15, correct a deficient SIP under section Virginia I/M SIP, under section 110 of 1997 date. 110(k)(4); EPA is imposing the startdate the CAA. As discussed in detail later in In addition to the above conditions, condition under its general SIP approval this notice, this approval is being the Commonwealth must correct several authority of section 110 (k)(3), which granted on an interim basis, for an 18- minor, or de minimus, deficiencies does not require automatic conversion. month period under authority of the related to CAA requirements for The program evaluation to be used by NHSDA. enhanced I/M. Although satisfaction of the Commonwealth during the 18- The conditions for approvability of these deficiencies does not affect the month interim period must be the SIP are as follows: conditional interim approval status of acceptable to EPA. The Environmental (1) The Commonwealth must perform the Commonwealth’s rulemaking, these Council of States (ECOS) group has and submit the new modeling deficiencies must be corrected in the developed such a program evaluation demonstration that illustrates how its final I/M SIP revision, to be submitted process which includes both qualitative program will meet the relevant at the end of the 18-month interim and quantitative measures, and this enhanced performance standard, by period: process has been deemed acceptable to September 15, 1997 (a date specified by (1) The SIP lacks a detailed EPA. For the quantitative long term the Commonwealth in the commitment description of the elements to satisfy the measure, the core requirement is that a letter to EPA). The Commonwealth’s test frequency requirements required revised modeling must correspond to mass emission transient test (METT) be under 40 CFR section 51.355(a), the actual I/M program configuration, performed on 0.1% of the subject fleet, particularly regarding scheduling of including actual test methods and start as required by the I/M Rule at 40 CFR vehicles for testing and the selection dates for all I/M program tests, actual 51.353 and 51.366. EPA has determined scheme for the biennial program cutpoints to be in-place for the that METT evaluation testing is not inspections, as well as a description of evaluation year, and all other program precluded by NHSDA, and therefore, is how test frequency will be integrated assumptions as they exist in the SIP. still required to be performed by states with the registration denial motorist EPA expects that Virginia’s new implementing I/M programs under the enforcement process; NHSDA and the CAA. modeling demonstration will be done using an approved EPA model in order (2) The SIP does not fully account for As per the NHSDA requirements, this all exceptions from testing in the conditional interim rulemaking will to meet this condition. Virginia should refer to EPA’s guidance on modeling to emissions reductions analysis. The state expire on November 16, 1998. A full must account for testing exceptions and approval of Virginia’s final I/M SIP determine which version of the model is appropriate and suitable for Virginia’s account for them in their performance revision (which will include the standard modeling demonstration, per Commonwealth’s program evaluation use in meeting this commitment. (2) The Commonwealth must submit 40 CFR section 51.356(b)(2); and final adopted state regulations) is (3) Virginia must develop quality still necessary under section 110 and to EPA as a SIP amendment, by September 15, 1997 (a date specified by control procedures, test equipment under sections 182, 184 or 187 of the specifications, quality control CAA. After EPA reviews the the Commonwealth in the commitment letter to EPA), the final Virginia I/M procedures manual, or other ordinance Commonwealth’s submitted program or documents to satisfy all the quality evaluation and regulations, final regulation which requires a METT- based evaluation be performed on 0.1% control requirements of 40 CFR section rulemaking on the Commonwealth’s full 51.359; SIP revision will occur. of the subject fleet each year as per 40 (4) Virginia must amend its regulation Specific requirements of the Virginia CFR section 51.353(c)(3) and which to allow that waivers be issued only by enhanced I/M SIP and the rationale for meets all other program evaluation a single contractor or by the EPA’s proposed action are explained in elements specified in 40 CFR section Commonwealth, per 40 CFR section the NPR and will not be restated here. 51.353(c), including a program evaluation schedule, a protocol for the 51.360(c)(1); III. Public Comments/Response to testing, and a system for collection and (5) The final SIP submittal must Comments analysis of program evaluation data. include the procedures document that No comments were received with (3) By September 15, 1997 (a date adequately addresses the means by regard to this notice during the specified by the Commonwealth in the which the Commonwealth will comply comment period. commitment letter to EPA), Virginia with all the motorist compliance must adopt and submit a final Virginia enforcement program oversight IV. Conditional Interim Approval I/M regulation which requires and requirements set forth at 40 CFR section Under the terms of EPA’s November which specifies detailed, approvable 51.362; 6, 1996 proposed interim conditional test procedures and equipment (6) Virginia must complete and approval rulemaking, the specifications for all of the evaporative submit as a SIP revision to EPA Commonwealth was required to make and exhaust tests to be used in the procedures manuals for use by the commitments (within 30 days) to enhanced I/M program. The Commonwealth’s quality assurance remedy four major deficiencies with the Commonwealth has committed to adopt auditors to conduct covert and overt I/M program SIP (as specified in the approvable test procedures, standards audits for program oversight purposes, NPR), within twelve months of final and specifications for its two-mode per 40 CFR section 51.363(e); Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Rules and Regulations 26747
(7) The Commonwealth must adopt, approval period provided by the 2214–2225), as revised by a July 10, and submit as a SIP revision, a penalty NHSDA, this program will remain a part 1995 memorandum from Mary Nichols, schedule for inspectors and inspection of the federally enforceable SIP. Assistant Administrator for Air and stations, per 40 CFR section 51.364 (a) Should the Commonwealth fail to Radiation. The Office of Management and (d); fulfill the conditions, other than the and Budget (OMB) has exempted this (8) Virginia’s SIP, either the regulation startdate condition which will be regulatory action from E.O. 12866 or the test equipment specifications, treated as described above, by the review. must require that the specific data deadlines contained in each condition, B. Regulatory Flexibility Act elements identified in 40 CFR section the latest of which is no more than one 51.365(a) be collected and reported to year after the date of EPA’s final interim Under the Regulatory Flexibility Act, the Commonwealth on a real-time basis; approval action, this conditional, 5 U.S.C. 600 et seq., EPA must prepare (9) Virginia must finalize and submit interim approval will convert to a a regulatory flexibility analysis the final ‘‘Public Information Plan’’ disapproval pursuant to CAA section assessing the impact of any proposed or described in the SIP, to satisfy the 110(k)(4). In that event, EPA would final rule on small entities. 5 U.S.C. 603 requirements of 40 CFR section 51.368 issue a letter to notify the and 604. Alternatively, EPA may certify (a) and (b); Commonwealth that the conditions had that the rule will not have a significant (10) Virginia must formally submit the not been met, and that the approval has impact on a substantial number of small procedures and criteria to be used in converted to a disapproval. entities. Small entities include small meeting the repair performance businesses, small not-for-profit monitoring requirements set forth in 40 VI. Further Requirements for Full I/M enterprises, and government entities CFR section 51.369(b) and a description SIP Approval with jurisdiction over populations of of the repair technician training This approval is being granted on an less than 50,000. resources available in the community interim basis for a period of 18 months, Conditional approvals of SIP (when available), per 40 CFR section under the authority of section 348 of the submittals under section 110 and 51.369(c); National Highway Systems Designation subchapter I, part D of the CAA do not (11) Virginia must submit detailed Act of 1995. At the end of this period, create any new requirements but simply recall compliance procedures and a the approval will lapse. At that time, approve requirements that the State is commitment to annually report recall EPA must take final rulemaking action already imposing. Therefore, because compliance information to EPA, per the upon the Commonwealth’s SIP, under the Federal SIP approval does not requirements of 40 CFR section 51.370; the authority of section 110 of the Clean impose any new requirements, EPA (12) Virginia must amend the SIP to Air Act. Final approval of the certifies that it does not have a include information regarding resource Commonwealth’s plan will be granted significant impact on any small entities allocation for the on-road testing based upon the following criteria: affected. Moreover, due to the nature of program, as well as methods for (1) The Commonwealth has complied the Federal-State relationship under the analyzing and reporting the results of with all the conditions of its CAA, preparation of a flexibility on-road testing, per 40 CFR section commitment to EPA, analysis would constitute Federal 51.371. This may entail submittal of an (2) EPA’s review of the inquiry into the economic on-road testing procedures manual or Commonwealth’s program evaluation reasonableness of state action. The the request for proposals (RFP) for the confirms that the appropriate amount of Clean Air Act forbids EPA to base its contractor to be hired to operate the on- program credit was claimed by the actions concerning SIPs on such road testing program; Commonwealth and achieved with the grounds. Union Electric Co. v. U.S. EPA, (13) Virginia must list in its schedule interim program, 427 U.S. 246, 255–66 (1976); 42 U.S.C. of implementation milestones deadlines (3) Final program regulations are 7410(a)(2). by which all procedures documents not submitted to EPA, and If the conditional approval is yet part of the SIP are to be finalized (4) The Commonwealth’s I/M program converted to a disapproval under and submitted to EPA. meets all of the requirements of EPA’s section 110(k), based on the State’s failure to meet the commitment, it will V. Final Rulemaking Action I/M rule, including those de minimus deficiencies identified in this notice as not affect any existing state EPA is conditionally approving the minor for purposes of interim approval. requirements applicable to small enhanced I/M program as a revision to entities. Federal disapproval of the state the Virginia SIP, based upon certain VII. Administrative Requirements submittal does not affect its state- conditions. This conditional approval Nothing in this action should be enforceability. Moreover, EPA’s satisfies the requirements of section construed as permitting or allowing or disapproval of the submittal does not 182(c)(3) of the CAA and the NHSDA for establishing a precedent for any future impose a new Federal requirement. an enhanced I/M program. EPA also request for revision to any state Therefore, EPA certifies that this clarifies its proposal to approve the SIP implementation plan. Each request for disapproval action does not have a under section 110 of the Clean Air Act revision to the state implementation significant impact on a substantial as well. For the purposes of plan shall be considered separately in number of small entities because it does strengthening the SIP, EPA is also giving light of specific technical, economic, not remove existing requirements nor a limited approval under section 110 if and environmental factors and in does it substitute a new federal the state fulfills all of its commitments relation to relevant statutory and requirement. within 12 months of this final regulatory requirements. rulemaking. This limited approval C. Unfunded Mandates under section 110 will not expire at the A. Executive Order 12866 Under section 202 of the Unfunded end of the 18 month interim period. This action has been classified as a Mandates Reform Act of 1995 Thus, although an approved I/M SIP Table 3 action for signature by the (‘‘Unfunded Mandates Act’’), signed satisfying the requirements of section Regional Administrator under the into law on March 22, 1995, EPA must 182(c)(3) may no longer be in place after procedures published in the Federal prepare a budgetary impact statement to the termination of the interim SIP Register on January 19, 1989 (54 FR accompany any proposed or final rule 26748 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Rules and Regulations that includes a Federal mandate that Dated: May 2, 1997. letter to EPA), the final Virginia I/M may result in estimated costs to State, Thomas J. Maslany, regulation which requires a METT- local, or tribal governments in the Acting Regional Administrator, Region III. based evaluation be performed on 0.1% aggregate; or to private sector, of $100 Chapter I, title 40, of the Code of of the subject fleet each year as per 40 million or more. Under section 205, Federal Regulations is amended as CFR 51.353(c)(3) and which meets all EPA must select the most cost-effective follows: other program evaluation elements and least burdensome alternative that specified in 40 CFR 51.353(c), including achieves the objectives of the rule and PART 52Ð[AMENDED] a program evaluation schedule, a is consistent with statutory protocol for the testing, and a system for requirements. Section 203 requires EPA 1. The authority citation for part 52 collection and analysis of program to establish a plan for informing and continues to read as follows: evaluation data. advising any small governments that Authority: 42 U.S.C. 7401–7671q. (3) By September 15, 1997 (a date may be significantly or uniquely specified by the Commonwealth in the impacted by the rule. Subpart VVÐVirginia commitment letter to EPA), Virginia EPA has determined that the approval must adopt and submit a final Virginia action promulgated does not include a 2. 52.2450 is amended by designating the existing text as paragraph (a) and by I/M regulation which requires and Federal mandate that may result in which specifies detailed, approvable estimated costs of $100 million or more adding paragraphs (b), (c) and (d) to read as follows: test procedures and equipment to either State, local, or tribal specifications for all of the evaporative governments in the aggregate, or to the § 52.2450 Conditional Approval. and exhaust tests to be used in the private sector. This Federal action * * * * * enhanced I/M program. The approves pre-existing requirements (b) The Commonwealth of Virginia’s Commonwealth has committed to adopt under State or local law, and imposes March 27, 1996 submittal for an approvable test procedures, standards no new requirements. Accordingly, no enhanced motor vehicle inspection and and specifications for its two-mode additional costs to State, local, or tribal maintenance (I/M) program is ASM test. The draft regulations governments, or to the private sector, conditionally approved based on certain submitted to EPA with the commitment result from this action. contingencies, for an interim period to letter, containing the two-mode ASM D. Submission to Congress and the last eighteen months. If the procedures and specifications do not General Accounting Office Commonwealth fails to start its program comply in all respects with EPA’s ASM according to the schedule it provided, or technical guidance EPA–AA–RSPD–IM– Under 801(a)(1)(A) as added by the by November 15, 1997 at the latest, this 96–2. EPA expects that Virginia will Small Business Regulatory Enforcement conditional approval will convert to a remedy any remaining discrepancies Fairness Act of 1996, EPA submitted a disapproval after EPA sends a letter to between its regulation and approved report containing this rule and other the state. If the Commonwealth fails to EPA specifications by the September 15, required information to the U.S. Senate, satisfy the following conditions within 1997 date. the U.S. House of Representatives and 12 months of this rulemaking, this (c) In addition to the above conditions the Comptroller General of the General conditional approval will automatically for approval, the Commonwealth must Accounting Office prior to publication convert to a disapproval as explained correct several minor, or de minimus of the rule in today’s Federal Register. under section 110(k) of the Clean Air deficiencies related to CAA This rule is not a ‘‘major rule’’ as Act. The conditions for approvability requirements for enhanced I/M. defined by 804(2). are as follows: Although satisfaction of these E. Petitions for Judicial Review (1) The Commonwealth must perform deficiencies does not affect the Under 307(b)(1) of the Clean Air Act, and submit the new modeling conditional approval status of the petitions for judicial review of this demonstration that illustrates how its Commonwealth’s rulemaking granted action must be filed in the United States program will meet the relevant under the authority of § 110 of the Clean Court of Appeals for the appropriate enhanced performance standard, by Air Act, these deficiencies must be circuit by July 14, 1997. September 15, 1997 (a date specified by corrected in the final I/M SIP revision Filing a petition for reconsideration the Commonwealth in the commitment prior to the end of the 18-month interim by the Administrator of this final rule to letter to EPA). The Commonwealth’s period granted under the National conditionally approve the Virginia I/M revised modeling must correspond to Highway Safety Designation Act of SIP, on an interim basis, does not affect the actual I/M program configuration, 1995: the finality of this rule for the purposes including actual test methods and start (1) The SIP lacks a detailed of judicial review, nor does it extend the dates for all I/M program tests, actual description of the elements to satisfy the time within which a petition for judicial cutpoints to be in-place for the test frequency requirements required review may be filed, and shall not evaluation year, and all other program under 40 CFR 51.355(a), particularly postpone the effectiveness of such rule assumptions as they exist in the SIP. regarding scheduling of vehicles for or action. This action may not be EPA expects that Virginia’s new testing and the selection scheme for the challenged later in proceedings to modeling demonstration will be done biennial program inspections, as well as enforce its requirements. (See 307(b)(2) using an approved EPA model in order a description of how test frequency will of the Administrative Procedures Act). to meet this condition. Virginia should be integrated with the registration refer to EPA’s guidance on modeling to denial motorist enforcement process; List of Subjects in 40 CFR Part 52 determine which version of the model is (2) The SIP does not fully account for Environmental protection, Air appropriate and suitable for Virginia’s all exceptions from testing in the pollution control, Hydrocarbons, use in meeting this commitment. emissions reductions analysis. The state Incorporation by reference, (2) The Commonwealth must submit must account for testing exceptions and Intergovernmental relations, Nitrogen to EPA as a SIP amendment, by account for them in their performance dioxide, Ozone, Reporting and September 15, 1997 (a date specified by standard modeling demonstration, per recordkeeping requirements. the Commonwealth in the commitment 40 CFR 51.356(b)(2); Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Rules and Regulations 26749
(3) Virginia must develop quality (13) Virginia must list in its schedule NMFS is correcting these errors as control procedures, test equipment of implementation milestones deadlines follows and makes no substantive specifications, quality control by which all procedures documents not changes. procedures manual, or other ordinance yet part of the SIP are to be finalized 1. In § 679.5, paragraphs (a)(10)(ii) or documents to satisfy all the quality and submitted to EPA. through (v) were not listed in control requirements of 40 CFR 51.359; (d) EPA is also approving this amendatory language instruction (4) Virginia must amend its regulation Enhanced I/M SIP revision under number 4 (page 17756, column 2, line to allow that waivers be issued only by section 110(k), for its strengthening 16) of the final rule, but text a single contractor or by the effect on the plan. implementing those changes in the Commonwealth, per 40 CFR [FR Doc. 97–12790 Filed 5–14–97; 8:45 am] regulations was published. This action 51.360(c)(1); BILLING CODE 6560±50±P corrects the amendatory language (5) The final SIP submittal must instruction by specifying that include the procedures document that § 679.5(a)(10)(ii) through (v) were adequately addresses the means by DEPARTMENT OF COMMERCE changed by replacing ‘‘0.01 mt’’ to read which the Commonwealth will comply ‘‘0.001 mt.’’ with all the motorist compliance National Oceanic and Atmospheric 2. In § 679.5(i)(3)(ii), (iii), and (iv) and enforcement program oversight Administration § 679.5(j)(4)(ii), (iii), and (iv), this action requirements set forth at 40 CFR 51.362; changes ‘‘0.01 mt’’ to read ‘‘0.001 mt’’ (6) Virginia must complete and 50 CFR Part 679 and removes § 679.5(a)(10)(i)(C) which submit as a SIP revision to EPA duplicates text found at procedures manuals for use by the [Docket No. 961119321±7071±02; I.D. 110796G] § 679.5(a)(10)(i)(B). Commonwealth’s quality assurance The corrected final rule will become auditors to conduct covert and overt Fisheries of the Exclusive Economic effective on May 12, 1997, as originally audits for program oversight purposes, Zone Off Alaska; Correction announced in the Federal Register. per 40 CFR 51.363(e); (7) The Commonwealth must adopt, AGENCY: National Marine Fisheries List of Subjects in 50 CFR Part 679 Service (NMFS), National Oceanic and and submit as a SIP revision, a penalty Fisheries, Reporting and Atmospheric Administration (NOAA), schedule for inspectors and inspection recordkeeping requirements. stations, per 40 CFR 51.364 (a) and (d); Commerce. (8) Virginia’s SIP, either the regulation ACTION: Final rule; correction. Dated: May 7, 1997. or the test equipment specifications, Rolland A. Schmitten, must require that the specific data SUMMARY: This document contains Assistant Administrator for Fisheries, elements identified in 40 CFR 51.365(a) corrections to the final regulations (I.D. National Marine Fisheries Service. be collected and reported to the 110796G), which were published in the For reasons set out in the preamble, Commonwealth on a real-time basis; Federal Register April 11, 1997, the following corrections are made to (9) Virginia must finalize and submit pertaining to the groundfish fisheries of the final rule amending 50 CFR part the final ‘‘Public Information Plan’’ the Gulf of Alaska (GOA) and the Bering 679, which was published beginning on described in the SIP, to satisfy the Sea and Aleutian Islands management page 17753 in the Federal Register for requirements of 40 CFR 51.368 (a) and area (BSAI). This action corrects April 11, 1997, in FR Doc. 97–9390 as (b); regulations by requiring groundfish follows: (10) Virginia must formally submit the weight to be reported to the nearest procedures and criteria to be used in 0.001 mt and removes a redundant PART 679±-FISHERIES OF THE meeting the repair performance paragraph. EXCLUSIVE ECONOMIC ZONE OFF monitoring requirements set forth in 40 EFFECTIVE DATE: May 12, 1997. ALASKA CFR 51.369(b) and a description of the FOR FURTHER INFORMATION CONTACT: 1. The authority citation for 50 CFR repair technician training resources Patsy A. Bearden, NMFS, 907–586– part 679 continues to read as follows: available in the community (when 7228. available), per 40 CFR 51.369(c); SUPPLEMENTARY INFORMATION: Authority: 16 U.S.C. 773 et seq., 1801 et (11) Virginia must submit detailed seq. Background recall compliance procedures and a § 679.5 [Corrected] commitment to annually report recall A final rule was published in the compliance information to EPA, per the Federal Register on April 11, 1997 (62 2. On page 17756, in the second requirements of 40 CFR 51.370; FR 17753), that implemented several column, instruction paragraph 4. for (12) Virginia must amend the SIP to revisions to recordkeeping and reporting § 679.5 is corrected by adding the include information regarding resource requirements established for the GOA following instructions in the last line allocation for the on-road testing and BSAI groundfish fisheries. This before the words ‘‘to read as follows:’’ program, as well as methods for final rule becomes effective on May 12, 4. * * * the reference to ‘‘0.01 mt’’ is analyzing and reporting the results of 1997. corrected to read ‘‘0.001 mt’’ in on-road testing, per 40 CFR 51.371. This paragraphs (i)(3)(ii) through (iv) and may entail submittal of an on-road Need for Correction (j)(4)(ii) through (iv); paragraph testing procedures manual or the As published, the instructions to (a)(10)(i)(C) is removed; and paragraphs request for proposals (RFP) for the revise the regulations contained errors (a)(10)(ii) through (v) are revised * * *. contractor to be hired to operate the on- that resulted in the omission of several [FR Doc. 97–12532 Filed 5–14–97; 8:45 am] road testing program; intended revisions to regulatory text. BILLING CODE 3510±22±F 26750
Proposed Rules Federal Register Vol. 62, No. 94
Thursday, May 15, 1997
This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: clarity of the information to be contains notices to the public of the proposed Executive Order No. 12866 collected; and (d) ways to minimize the issuance of rules and regulations. The burden of the collection of information purpose of these notices is to give interested The Office of Management and Budget on respondents, including through the persons an opportunity to participate in the (OMB) has determined this rule to be use of automated collection techniques rule making prior to the adoption of the final exempt for the purposes of Executive rules. or other forms of information gathering Order No. 12866, and, therefore, this technology. rule has not been reviewed by OMB. Comments regarding paperwork DEPARTMENT OF AGRICULTURE Paperwork Reduction Act of 1995 reduction should be submitted to the Desk Officer for Agriculture, Office of The information collection Federal Crop Insurance Corporation Information and Regulatory Affairs, requirements contained in these Office of Management and Budget, regulations were previously approved 7 CFR Parts 416 and 457 Washington, D.C. 20503. by OMB pursuant to the Paperwork OMB is required to make a decision Pea Crop Insurance Regulations; and Reduction Act of 1995 (44 U.S.C. concerning the collections of Common Crop Insurance Regulations, chapter 35) under OMB control number information contained in these Dry Pea Crop Insurance Provisions 0563–0003 through September 30, 1998. proposed regulations between 30 and 60 The amendments set forth in this days after submission to OMB. proposed rule do not contain additional AGENCY: Federal Crop Insurance Therefore, a comment to OMB is best information collections that require Corporation, USDA. assured of having full effect if OMB clearance by OMB under the provisions receives it within 30 days of ACTION: Proposed rule. of 44 U.S.C. chapter 35. publication. This does not affect the The title of this information collection deadline for the public to comment on SUMMARY: The Federal Crop Insurance is ‘‘Catastrophic Risk Protection Plan the proposed regulation. Corporation (FCIC) proposes specific and Related Requirements including, crop provisions for the insurance of dry Common Crop Insurance Regulations; Unfunded Mandates Reform Act of peas. The provisions will be used in Dry Pea Crop Insurance Provisions.’’ 1995 conjunction with the Common Crop The information to be collected includes Title II of the Unfunded Mandates Insurance Policy Basic Provisions, a crop insurance application and an Reform Act of 1995 (UMRA), Public which contain standard terms and acreage report. Information collected Law 104–4, establishes requirements for conditions common to most crops. The from the application and acreage report Federal agencies to assess the effects of intended effect of this action is to is electronically submitted to FCIC by their regulatory actions on State, local, provide policy changes to better meet the reinsured companies. Potential and tribal governments and the private the needs of the insured, separate dry respondents to this information sector. This rule contains no Federal peas and green peas into separate crop collection are producers of dry peas that mandates (under the regulatory insurance provisions, include the are eligible for Federal crop insurance. provisions of title II of the UMRA) for current pea crop insurance regulations The information requested is State, local, and tribal governments or with the Common Crop Insurance necessary for the reinsured companies the private sector. Thus, this rule is not Policy for ease of use and consistency of and FCIC to provide insurance and subject to the requirements of sections terms, and to restrict the effect of the reinsurance, determine eligibility, 202 and 205 of the UMRA. determine the correct parties to the current pea crop insurance regulations Executive Order No. 12612 to the 1997 and prior crop years. agreement or contract, determine and collect premiums or other monetary It has been determined under section DATES: Written comments on this amounts, and pay benefits. 6(a) of Executive Order No. 12612, proposed rule will be accepted until All information is reported annually. Federalism, that this rule does not have close of business June 16, 1997 and will The reporting burden for this collection sufficient federalism implications to be considered when the rule is to be of information is estimated to average warrant the preparation of a Federalism made final. 16.9 minutes per response for each of Assessment. The provisions contained ADDRESSES: Interested persons are the 3.6 responses from approximately in this rule will not have a substantial invited to submit written comments to 1,755,015 respondents. The total annual direct effect on States or their political the Director, Product Development burden on the public for this subdivisions, or on the distribution of Division, Federal Crop Insurance information collection is 2,676,932 power and responsibilities among Corporation, United States Department hours. various levels of government. FCIC is requesting comments on the of Agriculture, 9435 Holmes Road, following: (a) whether the proposed Regulatory Flexibility Act Kansas City, MO 64131. collection of information is necessary This regulation will not have a FOR FURTHER INFORMATION CONTACT: for the proper performance of the significant impact on a substantial Arden Routh, Insurance Management functions of the agency, including number of small entities. New Specialist, Product Development whether the information shall have provisions included in this rule will not Division, Federal Crop Insurance practical utility; (b) the accuracy of the impact small entities to a greater extent Corporation, at Kansas City, MO, agency’s estimate of the burden of the than on large entities. Under the current address listed above, telephone (816) proposed collection of information; (c) regulations, a producer is required to 926–7730. ways to enhance the quality, utility, and complete an application and acreage Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules 26751 report. If the crop is damaged or Background division provisions for dry peas destroyed, the insured is required to 1. FCIC proposes to add to the consistent with provisions for other give notice of loss and provide the Common Crop Insurance Regulations (7 crops. Clarify unit division for non- necessary information to complete a CFR part 457), a new section, 7 CFR irrigated corners of acreage irrigated by claim for indemnity. 457.140, Dry Pea Crop Insurance center-pivot systems. The insured must also annually Provisions. The new provisions will be 3. Section 3—Specify that the insured certify to the previous years production effective for the 1998 and succeeding may select only one price election if adequate records are available to crop years. These provisions will (percentage of the contract price for support the certification. The producer replace and supersede the current contract seed peas) for all the dry peas must maintain the production records to provisions for insuring dry peas found in the county insured under the policy, support the certified information for at at 7 CFR part 416 (Pea Crop Insurance unless the Special Provisions provide least three years. This regulation does Regulations). FCIC also proposes to different price elections by type, in not alter those requirements. amend 7 CFR part 416 to limit its effect which case the insured may select one price election for each dry pea type The amount of work required of the for Dry Peas to the 1997 and prior crop designated in the Special Provisions. insurance companies delivering and years. FCIC proposes to separately This change is proposed to be consistent servicing these policies will not increase publish crop provisions in Part 457 to with other crop provisions that allow significantly from the amount of work cover Green Peas. insurance by type. The price elections currently required. This rule does not This rule makes minor editorial and selected are not required to have the have any greater or lesser impact on the format changes to improve the Pea Crop same percentage relationship to the producer. Therefore, this action is Insurance Regulations compatibility maximum price offered for each type. determined to be exempt from the with the Common Crop Insurance Also specify that the price election for provisions of the Regulatory Flexibility Policy. In addition, FCIC is proposing spring-planted contract seed peas Act (5 U.S.C. 605), and no Regulatory substantive changes in the provisions produced under a seed company Flexibility Analysis was prepared. for insuring dry peas as follows: 1. Section 1—Remove the definition contract will be based on the contract Federal Assistance Program of ‘‘county,’’ to default to the definition price. 4. Section 4—Change the contract This program is listed in the Catalog contained in the Basic Provisions (§ 457.8). The current definition change date from December 31 to of Federal Domestic Assistance under November 30 for all counties to provide No. 10.450. includes land identified by an FSA farm serial number for the county that is adequate time to permit insured Executive Order No. 12372 physically located in another county; producers to become familiar with any the new definition does not. This changes and make informed decisions This program is not subject to the change will require land in another before the sales closing date. The sales provisions of Executive Order No. county to be insured using the actuarial closing date was moved up 30 days by 12372, which require intergovernmental materials for the county where the land the Federal Crop Insurance Reform Act consultation with State and local is located. Add definitions for the terms of 1994. officials. See the Notice related to 7 CFR ‘‘adequate stand,’’ ‘‘base price,’’ 5. Section 5—Change the cancellation part 3015, subpart V, published at 48 FR ‘‘contract price,’’ ‘‘contract seed peas,’’ and termination dates from April 15 to 29115, June 24, 1983. ‘‘days,’’ ‘‘dry peas,’’ ‘‘FSA,’’ ‘‘final March 15 to standardize the Executive Order No. 12998 planting date,’’ ‘‘good farming cancellation and termination dates with practices,’’ ‘‘interplanted,’’ ‘‘irrigated the sales closing dates. This rule has been reviewed in practice,’’ ‘‘local market price,’’ ‘‘nurse 6. Section 6—Add a requirement that accordance with Executive Order No. crop (companion crop),’’ ‘‘planted insureds who produce spring-planted 12998. The provisions of this rule will acreage,’’ ‘‘practical to replant,’’ ‘‘price contract seed peas under a seed not have retroactive effect prior to the election,’’ ‘‘production guarantee (per company contract to submit a copy of effective date. The provisions of this acre),’’ ‘‘replanting,’’ ‘‘salvage value,’’ the seed company contract on or before rule will preempt State and local laws ‘‘seed company,’’ ‘‘seed company the report of acreage. This change is to the extent such State and local laws contract,’’ ‘‘timely planted,’’ and made to establish liability under the are inconsistent herewith. The ‘‘written agreement’’ for clarification contract. administrative appeal provisions purposes. The definition of ‘‘dry peas’’ 7. Section 7(a)(3)—Permit published at 7 CFR part 11 must be includes fall-planted Austrian Winter consideration for requests to insure dry exhausted before any action for judicial Peas if we agree in writing. The peas interplanted with another crop or review may be brought. definition also stipulates that peas planted into an established grass or Environmental Evaluation grown for seed will be considered legume. This makes insurance available contract seed peas only if the insured by written agreement for production This action is not expected to have a acreage is enrolled in a state seed practices that are not normally followed significant impact on the quality of the certification program and at least 50 in an area. human environment, health, and safety. percent of the expected production from 8. Section 7(c)—Permit insurance of Therefore, neither an Environmental the insured acreage is contracted at a Austrian Winter Peas if the insurance Assessment nor an Environmental fixed price. Contract seed peas not provider agrees in writing that there is Impact Statement is needed. meeting these requirements will be an adequate stand in the spring to National Performance Review insurable at the price election produce the yield used to determine the established for smooth green and yellow production guarantee and the insured This regulatory action is being taken varieties of commercial dry edible peas. requested insurance on or before the as part of the National Performance 2. Section 2—Allow separate dry pea sales closing date. Review Initiative to eliminate types to qualify for optional units rather 9. Section 8(b)—Clarify that any unnecessary or duplicative regulations than only basic units as previously acreage damaged prior to the final and improve those that remain in force. allowed. This change makes basic unit planting date must be replanted unless 26752 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules we agree that it is not practical to will cover the procedures for, and 5. Section 457.140 is added to read as replant. duration of, written agreements. follows: 10. Section 9(a)—Provide that Good cause is shown to allow 30 days coverage on Austrian Winter Peas will § 457.140 Dry pea crop insurance for comments after this rule is published provisions. begin on acreage that has an adequate in the Federal Register. This rule The Dry Pea Crop Insurance stand on the earlier of March 16 or on improves dry pea crop insurance Provisions for the 1998 and succeeding the date the acreage is accepted for coverage and brings it under the crop years are as follows: insurance; however, such coverage will Common Crop Insurance Policy Basic not attach before March 1. Provisions for consistency among FCIC policies: 11. Section 9(b)—Change the end of policies. Although, the contract change DEPARTMENT OF AGRICULTURE insurance period date from September date is December 31, 1997, the final rule Federal Crop Insurance Corporation 15 to September 30 to ensure that must be published by July 7, 1997. coverage is provided through the normal Publication is required by this date to Reinsured policies: harvest period. achieve revision and timely distribution (Appropriate title for insurance provider) 12. Section 10(c)—Clarify that insect of the actuarial documents thereby Both FCIC and reinsured policies: and disease damage due to insufficient allowing the reinsured companies and or improper application of pest or Dry Pea Crop Provisions insureds sufficient time to implement If a conflict exists among the Basic disease control measures are not an the new provisions. Therefore, public insurable cause of loss. Provisions (§ 457.8), these Crop Provisions, interests requires the agency to act 13. Section 12(b)—Modify the and the Special Provisions; the Special immediately to make these provisions calculations used to determine dry pea Provisions will control these Crop Provisions available for the 1998 crop year. and the Basic Provisions; and these Crop claim amounts to allow the aggregation Provisions will control the Basic Provisions. of production guarantees and List of Subjects in 7 CFR Parts 416 and 1. Definitions production to count when more than 457 one dry pea type is in one unit. This Adequate stand. A population of live Crop Insurance, Dry pea, Pea crop modification is necessary to plants per unit of acreage which will produce insurance regulations. at least the yield used to establish your accommodate the insurance of multiple production guarantee. types of dry peas within a single unit. Proposed Rule Base price. The price per pound (excluding 14. Section 12—No adjustment for any discounts or incentives that may apply) quality deficiencies will be allowed for Accordingly, as set forth in the preamble, the Federal Crop Insurance that is stated in the contract seed pea Austrian Winter Peas since the type is processor contract and that will be paid to commonly sold only after removing any Corporation hereby proposes to amend the producer for at least 50 percent of the deficiencies. 7 CFR parts 416 and 457 as follows: total production under contract with the seed 15. Section 12(e)—Allow quality company. PART 416ÐPEA CROP INSURANCE Combining. A harvesting process that uses adjustment for smooth green and yellow REGULATIONS FOR THE 1986 varieties (including peas grown for seed a machine to separate the peas from the pods THROUGH THE 1997 CROP YEARS and other vegetable matter and place the peas that do not qualify to be insured as seed into a temporary storage receptacle. peas) that grade lower than U.S. No. 2 1. The authority citation for 7 CFR Contract price. A fixed price per pound, instead of the current U.S. No. 3. This part 416 is revised to read as follows: (excluding any discounts or incentives that change is consistent with the crop Authority: 7 U.S.C. 1506(l), 1506(p). may apply), that is stated in the seed quality anticipated by the dry pea company contract. industry, and specifically by the 2. The part heading is revised to read Contract seed peas—Dry peas produced for American Dry Pea and Lentil as set forth above. the purpose of producing seed to be planted Association (ADPLA). The ADPLA 3. The part heading ‘‘Subpart— at a future date and that are grown: assesses the Fair Average Quality (FAQ) Regulations for the 1986 through the (1) On acreage enrolled in the seed certification program administered by the of each crop years’ production. The 1997 Crop Years’’ is removed. state in which the peas are produced; and historical FAQ for smooth green and 4. Section 416.7 is amended by (2) Under a contract with a seed company. yellow varieties is between U.S. No. 1 revising the introductory text of The contract must stipulate a fixed price for and 2. FCIC will increase premium rates paragraph (d) to read as follows: at least fifty percent of the anticipated as appropriate if this change is adopted production from the acreage planted to the in the final rule. § 416.7 The application and policy. contract seed peas, and must be executed 16. Currently, coverage is provided for * * * * * before you report your acreage. late planted acreage under The Late (d) The application for the 1986 and Days. Calendar days. Planting Agreement Option. This option subsequent crop years is found at Dry peas—Peas of the following types: subpart D of part 400-General (1) All spring-planted smooth green and will not be applicable to the proposed yellow varieties of commercial dry edible provisions. FCIC will later propose late Administrative Regulations (7 CFR peas, and peas that are grown for the purpose and prevented planting provisions that 400.37, 400.38). The provisions of the of producing seed to be planted at a future will be added to the Basic Provisions Pea Insurance Policy for the 1986 date that do not meet the requirements (§ 457.8). These provisions will provide through 1997 crop years are as follows: contained in the definition of contract seed late and prevented planting coverage for * * * * * peas; pea producers. (2) All fall-planted varieties of Austrian 17. Section 13—Provide for insurance PART 457ÐCOMMON CROP Winter Peas (if we agree in writing (see coverage by written agreement. FCIC has INSURANCE REGULATIONS; section 7(c)); a long standing policy of permitting REGULATIONS FOR THE 1994 AND (3) All spring-planted varieties of lentils; and certain modifications of the insurance SUBSEQUENT CONTRACT YEARS (4) All spring-planted varieties of contract contract by written agreement for some 4. The authority citation for 7 CFR seed peas. policies. This amendment allows FCIC FSA. The Farm Service Agency, an agency to tailor the policy to a specific insured part 457 continues to read as follows: of the United States Department of in certain instances. The new section Authority: 7 U.S.C. 1506(l), 1506(p). Agriculture, or a successor agency. Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules 26753
Final planting date. The date contained in produced under a seed company contract (d) All optional units you selected for the the Special Provisions for the insured crop by will be the result of multiplying the contract crop year must be identified on the acreage which the crop must initially be planted in price by a percentage (not to exceed 100 report for that crop year. order to be insured for the full production percent) that you elect. (e) The following requirements must be guarantee. Production guarantee (per acre). The met for each optional unit: Good farming practices. The cultural number of pounds determined by (1) You must have provided records by the practices generally in use in the county for multiplying the approved APH yield per acre production reporting date, which can be the crop to make normal progress toward by the coverage level percentage you elect. independently verified, of planted acreage maturity and produce at least the yield used Replanting. Performing the cultural and production for each optional unit for at to determine the production guarantee, and practices necessary to prepare the land to least the last crop year used to determine are those recognized by the Cooperative State replace the pea seed and then replacing the your production guarantee; Research, Education, and Extension Service pea seed in the insured acreage with the (2) You must plant the crop in a manner as compatible with agronomic and weather expectation of growing a successful crop. that results in a clear and discernable break conditions in the county. Salvage value. The highest price per pound in the planting pattern at the boundaries of Harvest. Combining of dry peas. that will be paid for the damaged dry peas each optional unit; Interplanted. Acreage on which two or as determined by us. (3) You must have records of marketed more crops are planted in a manner that does Seed company. Any business enterprise production or measurement of stored not permit separate agronomic maintenance regularly engaged in the processing of production from each optional unit or harvest of the insured crop. contract seed peas, that possesses all licenses maintained in such a manner that permits us Irrigated practice. A method of producing and permits for marketing contract seed peas to verify the production from each optional a crop by which water is artificially applied required by the state in which it operates, unit, or the production from each unit must during the growing season by appropriate and that possesses or has contracted for be kept separate until loss adjustment is systems and at the proper times, with the facilities, with enough drying, screening, and completed by us; and intention of providing the quantity of water bagging or packaging equipment to accept (4) Each optional unit must meet one or needed to produce at least the yield used to and process the contract seed peas within a more of the following criteria unless establish the irrigated production guarantee reasonable amount of time after harvest. otherwise specified by a written agreement, on the irrigated acreage planted to the Seed company contract—A written as applicable: insured crop. agreement between the producer and the (i) Optional Units by Dry Pea Type: A Local market price. The cash price per seed company, containing at a minimum: separate optional unit may be established for pound for the U.S. No. 2 grade of dry peas (a) The producer’s promise to plant and each dry pea type designated in section 1 or lentils offered by buyers in the area in grow one or more specific varieties of (Definitions). which you normally market the insured crop. contract seed peas, and deliver the (ii) Optional Units by Section, Section Such price will be the prevailing dollar production from those varieties to the seed Equivalent, or FSA Farm Serial Number: amount these buyers are willing to pay for company; Optional units may be established if each dry peas or lentils containing the maximum (b) The seed company’s promise to optional unit is located in a separate legally limits of quality deficiencies allowable for purchase all the production stated in the identified section. In the absence of sections, the U.S. No. 2 grade. Factors not associated contract; we may consider parcels of land legally with grading under the United States (c) A date by which the crop must be identified by other methods of measure Standards for Whole Dry Peas, Split Peas and harvested to be accepted by the processor; including, but not limited to Spanish grants, Lentils will not be considered. and railroad surveys, leagues, labors, or Virginia Nurse crop (companion crop). A crop (d) A fixed price or a method to determine Military Lands, as the equivalent of sections planted into the same acreage as another such price based on published independent for unit purposes. In areas that have not been crop, that is intended to be harvested information, that will be paid to the producer surveyed using the systems identified above, separately, and which is planted to improve for the production stated in the contract. or another system approved by us, or in areas growing conditions for the crop with which Timely planted. Planted on or before the where such systems exist but boundaries are it is grown. final planting date designated in the Special not readily discernable, each optional unit Planted acreage. Land in which seed has Provisions for the insured crop in the county. must be located in a separate farm identified been placed by a machine appropriate for the Written agreement. A written document by a single FSA Farm Serial Number. insured crop and planting method, at the that alters designated terms of this policy in (iii) Optional Units on Acreage Including correct depth, into a seedbed that has been accordance with section 14. Both Irrigated and Non-irrigated Practices: In properly prepared for the planting method addition to, or instead of, establishing and production practice. Dry peas must 2. Unit Division optional units by section, section equivalent, initially be planted in rows to be considered (a) Unless limited by the Special or FSA Farm Serial Number, optional units planted. Acreage planted in any other Provisions, a unit as defined in section 1 may be based on irrigated acreage or non- manner will not be insurable unless (Definitions) of the Basic Provisions (§ 457.8), irrigated acreage if both are located in the otherwise provided by the Special Provisions (basic unit) may be divided into optional same section, section equivalent, or FSA or by written agreement. units if, for each optional unit you meet all Farm Serial Number. To qualify as separate Practical to replant. In lieu of the the conditions of this section. irrigated and non-irrigated optional units, the definition of ‘‘Practical to replant’’ contained (b) Basic units may not be divided into non-irrigated acreage may not continue into in section 1 of the Basic Provisions (§ 457.8), optional units on any basis including, but not the irrigated acreage in the same rows or practical to replant is defined as our limited to, production practice, type, variety, planting pattern. The irrigated acreage may determination, after loss or damage to the and planting period, other than as described not extend beyond the point at which your insured crop, based on factors, including but in this section. irrigation system can deliver the quantity of not limited to moisture availability, (c) If you do not comply fully with these water needed to produce the yield on which condition of the field, time to crop maturity, provisions, we will combine all optional the guarantee is based, except the corners of and marketing window, that replanting the units that are not in compliance with these a field in which a center-pivot irrigation insured crop will allow the crop to attain provisions into the basic unit from which system is used will be considered as irrigated maturity prior to the calendar date for the they were formed. We will combine the acreage if separate acceptable records of end of the insurance period. It will not be optional units at any time we discover that production from the corners are not considered practical to replant after the end you have failed to comply with these provided. If the corners of a field in which of the late planting period unless replanting provisions. If failure to comply with these a center-pivot irrigation system is used do is generally occurring in the area. provisions is determined to be inadvertent, not qualify as a separate non-irrigated Price Election. In addition to the provisions and the optional units are combined into a optional unit, they will be a part of the unit of the definition of price election in section basic unit, that portion of the additional containing the irrigated acreage. However, 1 of the Basic Provisions (§ 457.8) the price premium paid for the optional units that non-irrigated acreage that is not a part of a election for spring-planted contract seed peas have been combined will be refunded to you. field in which a center-pivot irrigation 26754 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules system is used may qualify as a separate (iii) Planted as a nurse crop. 11. Duties in the Event of Damage or Loss optional unit provided that all requirements (b) An instrument in the form of a ‘‘lease’’ In accordance with the requirements of of this section are met. under which you retain control of the acreage section 14 (Duties in the Event of Damage or 3. Insurance Guarantees, Coverage Levels, on which the insured crop is grown and that Loss) of the Basic Provisions (§ 457.8), the and Prices for Determining Indemnities provides for delivery of the crop under representative samples of the unharvested substantially the same terms as a seed In addition to the requirements of section crop must be at least 10 feet wide and extend company contract may be treated as a 3 (Insurance Guarantees, Coverage Levels, the entire length of each field in the unit. The contract under which you have an insurable and Prices for Determining Indemnities) of samples must not be harvested or destroyed the Basic Provisions (§ 457.8), you may select interest in the crop. until the earlier of our inspection or 15 days only one price election (percentage of the (c) Austrian Winter Peas will be insured after harvest of the balance of the unit is contract price for spring-planted contract only if you request insurance in writing for completed. seed peas) for all the dry peas in the county such dry peas and we agree to provide 12. Settlement of Claim insured under this policy unless the Special coverage by written agreement. Your request (a) We will determine your loss on a unit Provisions provide different price elections to insure Austrian Winter Peas must be basis. In the event you are unable to provide by type, in which case you may select one submitted to us not later than the sales separate acceptable production records: price election (percentage of the contract closing date. We will not agree to insure (1) For any optional units, we will combine price for spring-planted contract seed peas) Austrian Winter Peas unless an adequate all optional units for which such production for each dry pea type so designated in the stand exists in the spring to produce at least records were not provided; or Special Provisions. The price elections you the production guarantee. (2) For any basic units, we will allocate any choose for each type are not required to have (d) Any acreage of dry peas which is commingled production to such units in the same percentage relationship to the destroyed and replanted to different proportion to our liability on the harvested maximum price offered by us for each type. insurable type of dry peas will be considered acreage for the unit. For example, if you choose 100 percent of the insured acreage. (b) In the event of loss or damage to your maximum price election for one type, you 8. Insurable Acreage may choose 80 percent of the maximum price pea crop covered by this policy, we will election for another type. However, if you In addition to the provisions of section 9 settle your claim by: elect the Catastrophic Risk Protection level of (Insurable Acreage) of the Basic Provisions (1) Multiplying the insured acreage of each insurance for any dry pea type, that level of (§ 457.8): dry pea type, excluding contract seed peas, coverage will be applicable to all insured (a) We will not insure any acreage that by its respective production guarantee; acreage in the county. When you elect a price does not meet the rotation requirements (2) Multiplying each result in section election for one or more dry pea type that is shown in the Special Provisions; or 12(b)(1) by the respective price election for applicable to the limited level of coverage (b) Any acreage of the insured crop each insured type; and a price election applicable to the damaged before the final planting date, to the (3) Totaling the results in section 12(b)(2); additional level of coverage for the remaining extent that the majority of producers in the (4) Multiplying the insured acreage of each dry pea types, the administrative fees area would normally not further care for the contract seed pea type by its respective applicable to both the limited and additional crop, must be replanted unless we agree that production guarantee; levels of coverage will apply. it is not practical to replant. We will not (5 ) Multiplying each result in section 4. Contract Changes require you to replant if it is not practical to 12(b)(4) by the applicable base price; (6) Multiplying each result in section In accordance with section 4 (Contract replant the type of dry peas originally planted. 12(b)(5) by your selected price election Changes) of the Basic Provisions (§ 457.8), percentage; the contract change date is November 30 9. Insurance Period (7) Totaling the results in section 12(b)(6); preceding the cancellation date. In accordance with the provisions of (8) Totaling the results in section 12(b)(3) 5. Cancellation and Termination Dates section 11 (Insurance Period) of the Basic and section 12(b)(7); In accordance with section 2 (Life of Provisions (§ 457.8): (9) Multiplying the total production to be Policy, Cancellation, and Termination) of the (a) Coverage for Austrian Winter Peas will counted of each dry pea type, excluding Basic Provisions (§ 457.8), the cancellation begin on acreage that has an adequate stand contract seed peas, if applicable, (see section and termination dates are March 15. on the earlier of March 16 or on the date we 12(d)) by the respective price election; agree to accept the acreage for insurance; (10) Totaling the value of all contract seed 6. Report of Acreage however, insurance will not begin before pea production (see section 12(c)); In addition to the provisions of section 6 March 1; and (11) Totaling the results in section 12(b)(9) (Report of Acreage) of the Basic Provisions (b) The calendar date for the end of the and section 12(b)(10); (§ 457.8), if you are insuring spring-planted insurance period is September 30 of the (12) Subtracting the result in section contract seed peas grown under contract with calendar year in which the crop normally is 12(b)(11) from the result in section 12(b)(8); a seed company you must submit a copy of harvested. and the seed company contract to us on or before (13) Multiplying the result by your share. 10. Causes of Loss the acreage reporting date. (c) The value of contract seed pea 7. Insured Crop In accordance with the provisions of production to count for each type in the unit section 12 (Causes of Loss) of the Basic (a) In accordance with section 8 (Insured will be determined as follows: Provisions (§ 457.8), insurance is provided Crop) of the Basic Provisions (§ 457.8), the (1) For production meeting the minimum crop insured will be all the dry pea types in only against the following causes of loss that quality requirements contained in the seed the county (except Austrian Winter Peas occur during the insurance period: pea processor contract and for production unless you request insurance for such peas in (a) Adverse weather conditions; that does not meet such requirements due to accordance with section 7(c)) for which a (b) Fire; uninsured causes: premium rate is provided by the actuarial (c) Insects, but not damage due to (i) Multiplying the actual value or base table: insufficient or improper application of pest price per pound, whichever is greater, by the (1) In which you have a share; control measures; price election percentage you selected; and (2) That are planted for harvest as dry peas (d) Plant disease, but not damage due to (ii) Multiplying the result by the number of and which, if grown under a seed company insufficient or improper application of pounds of such production. contract, are not excluded from such contract disease control measures; (2) For mature production not meeting the for or during the crop year; and (e) Wildlife; minimum quality requirements contained in (3) That are not (unless allowed by the (f) Earthquake; the seed pea processor contract due to Special Provisions or by written agreement): (g) Volcanic eruption; or insurable causes, and immature production (i) Interplanted with another crop; (h) Failure of the irrigation water supply, that is appraised: (ii) Planted into an established grass or if caused by an insured peril that occurs (i) Multiplying the actual value by the legume; or during the insurance period. price election percentage you selected; and Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules 26755
(ii) Multiplying the result by the number of (2) Quality will be a factor in determining (a) You must apply in writing for each pounds of such production. your loss only if: written agreement no later than the sales (d) The total pea production to count (in (i) The deficiencies, substances, or closing date, except as provided in section pounds) from all insurable acreage on the conditions resulted from a cause of loss 13(e); unit will include: against which insurance is provided under (b) The application for a written agreement (1) All appraised production as follows: these crop provisions and which occurs must contain all variable terms of the (i) Not less than the production guarantee within the insurance period; contract between you and us that will be in per acre for acreage: (ii) The deficiencies, substances, or effect if the written agreement is not (A) That is abandoned; conditions result in a net price for the approved; (B) That is put to another use without our damaged production that is less than the (c) If approved, the written agreement will consent; local market price; include all variable terms of the contract, (C) That is damaged solely by uninsured (iii) All determinations of these including, but not limited to, crop type or causes; or deficiencies, substances, or conditions are variety, the guarantee, premium rate, and (D) For which you fail to provide made using samples of the production price election; production records that are acceptable to us; obtained by us or by a disinterested third (d) Each written agreement will only be (ii) Production lost due to uninsured party approved by us; and valid for one year (If the written agreement causes; (iv) The samples are analyzed by a grader is not specifically renewed the following (iii) Unharvested production (mature licensed to grade dry peas under the year, insurance coverage for subsequent crop unharvested production of dry peas, authority of the United States Agricultural years will be in accordance with the printed excluding Austrian Winter Peas, may be Marketing Act or the United States policy); and adjusted for quality deficiencies in Warehouse Act with regard to deficiencies in (e) An application for a written agreement accordance with section 12 (c) or (e), if quality, or by a laboratory approved by us submitted after the sales closing date may be applicable); and with regard to substances or conditions approved if, after a physical inspection of the (iv) Potential production on insured injurious to human or animal health. Test acreage, it is determined that no loss has acreage that you intend to put to another use weight for quality adjustment purposes may occurred and the crop is insurable in or abandon, if you and we agree on the be determined by our loss adjuster. accordance with the policy and written appraised amount of production. Upon such (3) Dry Pea production that is eligible for agreement provisions. agreement, the insurance period for that quality adjustment, as specified in sections Signed in Washington, D.C., on May 8, acreage will end when you put the acreage 12(e) (1) and (2), will be reduced as follows: 1997. to another use or abandon the crop. If (i) The value per pound of the qualifying agreement on the appraised amount of damaged production and the local market Kenneth D. Ackerman, production is not reached: price will be determined on the earlier of the Manager, Federal Crop Insurance (A) If you do not elect to continue to care date such damaged production is sold or the Corporation. for the crop, we may give you consent to put date of final inspection for the unit. The [FR Doc. 97–12707 Filed 5–14–97; 8:45 am] the acreage to another use if you agree to value per pound for the qualifying damaged BILLING CODE 3410±88±P leave intact, and provide sufficient care for, production will be the value determined in representative samples of the crop in the local area to the extent feasible. We may locations acceptable to us (The amount of obtain prices from any buyer of our choice. production to count for such acreage will be If we obtain prices from one or more buyers DEPARTMENT OF THE TREASURY based on the harvested production or located outside your local market area, we appraisals from the samples at the time will reduce such prices by the additional Internal Revenue Service harvest should have occurred. If you do not costs required to deliver the dry peas to those leave the required samples intact, or fail to buyers. Discounts used to establish the net 26 CFR Parts 1, 301, and 601 provide sufficient care for the samples, our value of the damaged production will be appraisal made prior to giving you consent to limited to those that are usual, customary, [REG±209837±96 and REG±105299±97] put the acreage to another use will be used and reasonable. The value will not be RIN 1545±AU42 and 1545±AV20 to determine the amount of production to reduced for: count); or (A) Moisture content; Requirements Respecting the (B) If you elect to continue to care for the (B) Damage due to uninsured causes; or crop, the amount of production to count for Adoption or Change of Accounting (C) Drying, handling, processing, or any Method; Extensions of Time To Make the acreage will be the harvested production, other costs associated with normal or our reappraisal if additional damage harvesting, handling, and marketing of the Elections occurs and the crop is not harvested; and dry peas; except, if the value of the damaged (2) All harvested production from the AGENCY: Internal Revenue Service (IRS), production can be increased by conditioning, Treasury. insurable acreage. we may reduce the value of the production (e) Mature production of smooth green and after it has been conditioned by the cost of ACTION: Notice of proposed rulemaking yellow peas, lentils, and contract seed peas conditioning but not lower than the value of by cross-reference to temporary that are not deliverable under the contract or the production before conditioning; regulations. are sold under the contract for less than the (ii) The value per pound of the damaged contract price, may be adjusted for quality or conditioned production will be divided by SUMMARY: In the Rules and Regulations deficiencies. No adjustment for quality the local market price to determine the section of this issue of the Federal deficiencies will be allowed for Austrian quality adjustment factor; Register, the IRS is issuing temporary Winter Peas. (iii) The number of pounds of the damaged regulations relating to the procedure for (1) Production will be eligible for quality or conditioned production will then be adjustment if: requesting a change in accounting multiplied by the quality adjustment factor to method and to the standards for (i) Deficiencies in quality, in accordance determine the production to count to be with the United States Standards for Whole included in section 12(d); and granting an extension of time to request Dry Peas, Split Peas, and Lentils, result in (iv) Any production harvested from plants a change in accounting method. The production grading U.S. No. 3 or worse growing in the insured crop may be counted regulations provide for a longer period because of defects, color, skinned production as production of the insured crop on a weight of time for filing an application for (lentils only), odor, material weathering, or basis. change in accounting method with the distinctly low quality; or Commissioner. The regulations also (ii) Substances or conditions are present 13. Written Agreements that are identified by the Food and Drug Terms of this policy which are specifically provide that an extension of time to file Administration or other public health designated for the use of written agreements an application for change in accounting organizations of the United States as being may be altered by written agreement in method will be granted only in unusual injurious to human or animal health. accordance with the following: and compelling circumstances. The 26756 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules regulations affect taxpayers requesting a in EO 12866. Therefore, a regulatory Proposed Amendments to the change in method of accounting for assessment is not required. It also has Regulations federal income tax purposes. The text of been determined that section 553(b) of those temporary regulations also serves the Administrative Procedure Act (5 Accordingly, 26 CFR parts 1, 301, and as the text of these proposed U.S.C. chapter 5) does not apply to these 601 are proposed to be amended as regulations. regulations. Sections 1.446–1(e)(3)(i) follows: DATES: Written comments must be and 601.204(b) require a taxpayer to file PART 1ÐINCOME TAXES received by August 13, 1997. a Form 3115, Application for Change in Accounting Method, with the ADDRESSES: Send submissions to: Paragraph 1. The authority citation CC:DOM:CORP:R (REG–209837–96 and Commissioner within the first 180 days of the taxable year in which the for part 1 continues to read in part as REG–105299–97), room 5228, Internal follows: Revenue Service, POB 7604, Ben taxpayer desires to make the change. Franklin Station, Washington, DC The proposed regulations in this Authority: 26 U.S.C. 7805. * * * document merely extend the time for 20044. Submissions may be hand Par. 2. Section 1.446–1 is amended by delivered between the hours of 8 a.m. filing the Form 3115 and, therefore, do not contain a new collection of revising paragraph (e)(3)(i) to read as and 5 p.m. to: CC:DOM:CORP:R (REG– follows: 209837–96 and REG–105299–97), information. Thus, because the regulations do not impose a collection Courier’s Desk, Internal Revenue § 1.446±1 General rule for methods of Service, 1111 Constitution Avenue NW, of information on small entities, the accounting. Washington, DC. Taxpayers may also Regulatory Flexibility Act (5 U.S.C. [The text of proposed paragraph submit comments electronically via the chapter 6) does not apply. Pursuant to (e)(3)(i) is the same as the text in internet by selecting the ‘‘Tax Regs’’ section 7805(f) of the Internal Revenue § 1.446–1T(e)(3)(i) published elsewhere option on the IRS Home Page, or by Code, this notice of proposed in this issue of the Federal Register]. submitting comments directly to the IRS rulemaking will be submitted to the internet site at http:// Chief Counsel for Advocacy of the Small ll Business Administration for comment PART 301ÐPROCEDURE AND www.irs.ustreas.gov/prod/tax regs/ ADMINISTRATION comments.html. on its impact on small business. FOR FURTHER INFORMATION CONTACT: Comments and Public Hearing Par. 3. The authority citation for part Cheryl L. Oseekey, (202) 622–4970 (not Before these proposed regulations are 301 continues to read in part as follows: a toll-free number). adopted as final regulations, Authority: 26 U.S.C. 7805. * * * SUPPLEMENTARY INFORMATION: consideration will be given to any comments that are submitted timely to Par. 4. In § 301.9100–1, paragraph (h) Background the IRS (a signed original and eight (8) is added to read as follows: Temporary regulations in the Rules copies if the comments are written). All and Regulations section of this issue of comments will be available for public § 301.9100±1 Extensions of time to make the Federal Register amend Regulations inspection and copy. A public hearing elections. on Income Taxes (26 CFR part 1), the may be scheduled if requested in [The text of proposed paragraph (h) is Regulations on Procedure and writing by a person that timely submits the same as the text of § 301.9100–1T(h) Administration (26 CFR part 301), and comments. If a public hearing is published June 27, 1996, at 61 FR the Statement of Procedural Rules (26 scheduled, notice of the date, time, and 33368, and amended elsewhere in this CFR part 601) relating to the place for the hearing will be published issue of the Federal Register]. requirements for changes in method of in the Federal Register. accounting and extensions of time to Par. 5. In proposed § 301.9100–3, Drafting Information make elections. Proposed and temporary published June 27, 1996, at 61 FR regulations relating to extensions of The principal author of these 33409, paragraph (c)(2)(i) is revised to time to make elections were published regulations is Cheryl L. Oseekey of the reads as follows: in the Federal Register for June 27, 1996 Office of Assistant Chief Counsel § 301.9100±3 Other extensions. (61 FR 29714 and 61 FR 33365). These (Income Tax and Accounting). However, regulations extend the time for filing an other personnel from the IRS and [The text of proposed paragraph application for change in accounting Treasury Department participated in (c)(2)(i) is the same as the text in method under § 1.446–1(e)(3)(i) and their development. § 301.9100–3T(c)(2)(i) published elsewhere in this issue of the Federal amend §§ 301.9100–1T and 301.9100– List of Subjects 3T to provide that an extension of time Register.] to file an application for change in 26 CFR Part 1 PART 601ÐSTATEMENT OF accounting method will be granted only Income taxes, Reporting and PROCEDURAL RULES in unusual and compelling recordkeeping requirements. circumstances. The text of those temporary 26 CFR Part 301 Par. 6. The authority citation for part regulations also serves as the text of Employment taxes, Estate taxes, 601 continues to read as follows: these proposed regulations. The Excise taxes, Gift taxes, Income taxes, Authority: 26 U.S.C. 301 and 552. * * * preamble to the temporary regulations Penalties, Reporting and recordkeeping explains the rules provided by the requirements. Par. 7. In § 601.204, paragraph (b) is regulations. revised to read as follows: 26 CFR Part 601 Special Analyses Administrative practice and § 601.204 Changes in accounting periods and in methods of accounting. It has been determined that this notice procedure, Freedom of information, of proposed rulemaking is not a Reporting and recordkeeping [The text of proposed paragraph (b) is significant regulatory action as defined requirements, Taxes. the same as the text in § 601.204T(b) Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules 26757 published elsewhere in this issue of the until 800 years ago. Labordia triflora is as offshore islets, shoals, and atolls set Federal Register]. endemic to Molokai, and Melicope on submerged volcanic remnants at the Margaret Milner Richardson, munroi is found on Lanai but was also northwest end of the chain. The Commissioner of Internal Revenue. known historically from Molokai. The archipelago covers a land area of about [FR Doc. 97–12513 Filed 5–14–97; 8:45 am] 10 plant taxa and their habitats have 16,600 square kilometers (sq km) (6,400 BILLING CODE 4830±01±U been variously affected or are currently sq miles (mi)), extending roughly threatened by one or more of the between latitude 18°50′ to 28°15′ N and following: Competition, predation or longitude 154°40′ to 178°70′ W, and DEPARTMENT OF THE INTERIOR habitat degradation from alien species, ranging in elevation from sea level to natural disasters, and random 4,200 meters (m) (13,800 feet (ft)) Fish and Wildlife Service environmental events. This proposal, if (Department of Geography 1983). The made final, would implement the regional geological setting is a mid- 50 CFR Part 17 Federal protection provisions provided oceanic volcanic island archipelago set by the Act. RIN 1018±AE22 in a roughly northwest to southeast line, DATES: Comments from all interested with younger islands to the southeast. Endangered and Threatened Wildlife parties must be received by July 14, The four main central islands of Maui, and Plants; Proposed Endangered 1997. Public hearing requests must be Molokai, Lanai, and Kahoolawe are part Status for 10 Plant Taxa From Maui received by June 30, 1997. of a large volcanic mass of six major Nui, Hawaii ADDRESSES: Comments and materials volcanoes, which were united as a concerning this proposal should be sent single island during times of lower sea AGENCY: Fish and Wildlife Service, to Robert P. Smith, Manager, Pacific level. This island, called Maui Nui, Interior. Islands Ecoregion Office, U.S. Fish and covered about 5,200 sq km (2,000 sq m). ACTION: Proposed rule. Wildlife Service, 300 Ala Moana The youngest island in this group, Maui, SUMMARY: The U.S. Fish and Wildlife Boulevard, Room 6307, P.O. Box 50167, consists of two volcanoes—the older Service (Service) proposes endangered Honolulu, Hawaii 96850. Comments West Maui, 1.3 million years old, and status pursuant to the Endangered and materials received will be available the younger Haleakala, 0.4 to 0.8 million Species Act of 1973, as amended (Act), for public inspection, by appointment, years old. The islands progress in age for 10 plant taxa: Clermontia samuelii during normal business hours at the from Haleakala (or East Maui), through (‘oha wai), Cyanea copelandii ssp. above address. Kahoolawe (1 million years old), West haleakalaensis (haha), Cyanea glabra FOR FURTHER INFORMATION CONTACT: Maui, Lanai (1.2 to 1.5 million years (haha), Cyanea hamatiflora ssp. Robert P. Smith, Manager, Pacific old), to Molokai. Molokai consists of hamatiflora (haha), Dubautia Islands Ecoregion Office, see ADDRESSES three volcanoes: East Molokai (1.3 to 1.5 plantaginea ssp. humilis (na‘ena‘e), section, or telephone 808–541–2749 or million years old), West Molokai (1.5 to Hedyotis schlechtendahliana var. remyi FAX 808–541–2756. 1.8 million years old), and Kalaupapa Peninsula (1.2 million years old). The (kopa), Kanaloa kahoolawensis (kohe SUPPLEMENTARY INFORMATION: malama malama o Kanaloa), Labordia older islands are increasingly eroded tinifolia var. lanaiensis (kamakahala), Background (Macdonald et al. 1986). The Labordia triflora (kamakahala), and Clermontia samuelii, Cyanea topography of the Hawaiian Islands Melicope munroi (alani). All 10 taxa are copelandii ssp. haleakalaensis, Cyanea comprising Maui Nui is extremely endemic to the Maui Nui group of glabra, Cyanea hamatiflora ssp. diverse. On the youngest part of the islands, in the Hawaiian Islands. This hamatiflora, Dubautia plantaginea ssp. island of Maui, gently sloping group includes Maui, Molokai, Lanai, humilis, Hedyotis schlechtendahliana unweathered shield volcanoes with very and Kahoolawe. Clermontia samuelii, var. remyi, Kanaloa kahoolawensis, poor soil development are juxtaposed Cyanea copelandii ssp. haleakalaensis, Labordia tinifolia var. lanaiensis, with older, heavily weathered valleys Cyanea glabra, Cyanea hamatiflora ssp. Labordia triflora, and Melicope munroi with steep walls, well-developed hamatiflora, and Dubautia plantaginea are, or were, known from four Hawaiian streams, and gently sloped flood plains. ssp. humilis are endemic to the island Islands: Molokai, Lanai, Maui, and The older volcanoes, West Maui and of Maui. Hedyotis schlechtendahliana Kahoolawe. The current and historical Molokai, are generally more weathered. var. remyi and Labordia tinifolia var. distribution by island for each of the 10 On a typical older island, sea cliffs and lanaiensis are endemic to the island of taxa is presented in Table 1. large amphitheater-headed valleys on Lanai. Kanaloa kahoolawensis is The Hawaiian archipelago includes the windward (northeast) side contrast endemic to the island of Kahoolawe, eight large volcanic islands (Niihau, with erosionally younger, dissected although pollen studies indicate it may Kauai, Oahu, Molokai, Lanai, slopes on the leeward (southwest) side have been a dominant species on Oahu Kahoolawe, Maui, and Hawaii), as well (Department of Geography 1983).
TABLE 1.ÐSUMMARY OF ISLAND DISTRIBUTION OF THE PROPOSED SPECIES
Island within Maui Nui Species M Mo L Ka
Clermontia samuelii ...... C ...... Cyanea copelandii ssp. haleakalaensis ...... C ...... Cyanea glabra ...... C ...... Cyanea hamatiflora ssp. hamatiflora ...... C ...... Dubautia plantaginea ssp. humilis ...... C ...... Hedyotis schlechtendahliana ssp. remyi ...... C ...... Kanaloa kahoolawensis ...... C* Labordia tinifolia var. lanaiensis ...... C ...... 26758 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules
TABLE 1.ÐSUMMARY OF ISLAND DISTRIBUTION OF THE PROPOSED SPECIESÐContinued
Island within Maui Nui Species M Mo L Ka
Labordia triflora ...... C ...... Melicope munroi ...... H C ...... KEY C = current; population last observed within the past 20 years. H = historical; population not seen for over 20 years. M-Maui Mo-Molokai L-Lanai Ka-Kahoolawe *Kanaloa kahoolawensis was most likely a dominant species in the lowland areas of Oahu, and possibly Maui, up until 800 years ago, accord- ing to pollen records.
The climate of the Hawaiian Islands open or closed-canopied. The stature of St. John described C. hanaensis in 1939, reflects the tropical setting buffered by lowland forests is generally under 10 m based on a specimen collected by C.N. the surrounding ocean (Department of (30 ft). Three of the taxa proposed for Forbes in 1920 (Degener and Degener Geography 1983). The prevailing winds listing (Cyanea copelandii ssp. 1960, St. John 1939). Later, St. John are northeast trades with some seasonal haleakalaensis, Labordia tinifolia var. formally described C. gracilis, C. fluctuation in strength. There are also lanaiensis, and Labordia triflora) have kipahuluensis, and C. rosacea (St. John winter storm systems and occasional been reported from lowland mesic forest 1987a). In the most recent treatment of hurricanes. Temperatures vary over the habitat. Montane wet forests, occupying this endemic Hawaiian genus, Lammers year an average of 5 °Celsius (C) (11 elevations between 915 and 1,830 m considers all four species to be °Fahrenheit (F)) or less, with daily (3,000 and 6,000 ft), occur on the synonymous with C. samuelii, and variation usually exceeding seasonal windward slopes and summits of the divides the species into two variation in temperature. Temperature islands of Kauai, Oahu, Molokai, Maui, subspecies—ssp. hanaensis (including varies with elevation and ranges from a and Hawaii. The forests may be open- to the synonyms C. hanaensis and C. maximum recorded temperature of 37.7 closed-canopied, and may exceed 20 m kipahuluensis) and ssp. samuelii °C (99.9 °F), measured at 265 m (870 ft) (65 ft) in stature. Montane wet forests (including C. gracilis and C. rosacea) elevation, to a minimum of ¥12.7 °C are usually dominated by several (Lammers 1989, 1990). (9.1 °F) recorded at 4,205 m (13,795 ft) species of native trees and tree ferns. Clermontia samuelii, a member of the elevation. Annual rainfall varies greatly Four of the proposed taxa (Clermontia bellflower family (Campanulaceae), is a by location, with marked windward to samuelii, Cyanea copelandii ssp. terrestrial shrub 1.2 to 5 m (4 to 16 ft) leeward gradients over short distances. haleakalaensis, Cyanea glabra, and Minimum average annual rainfall is less tall. The leaves are elliptical, sometimes Cyanea hamatiflora ssp. hamatiflora) broader at the tip, with blades 5 to 10 than 250 millimeters (mm) (10 inches have been reported from montane wet (in.)); the maximum average cm (2 to 4 in.) long and 1.8 to 4.5 cm forest habitat. (0.7 to 1.8 in.) wide. The upper surfaces precipitation is well in excess of 11,000 Hawaiian shrublands are also found mm (450 in.) per year. Precipitation is of the leaves are dark green, often tinged from coastal to alpine elevations. The purplish, and may be sparsely hairy. greatest during the months of October majority of Hawaiian shrubland types through April. A dry season is apparent The lower surfaces of the leaves are pale are in dry and mesic settings, or on cliffs green, and sparsely to densely hairy. in leeward settings, while windward and slopes too steep to support trees. settings generally receive tradewind- The leaf margins are thickened, with One of the proposed taxa, Kanaloa shallow, ascending, rounded teeth. The driven rainfall throughout the year kahoolawensis, has been reported from (Department of Geography 1983). tips and bases of the leaves are typically coastal dry shrubland on Kahoolawe. sharply pointed. The inflorescences The native-dominated vegetation of Two of the proposed taxa, Dubautia the Hawaiian Islands varies greatly (flowering clusters) bear 2 to 5 flowers plantaginea ssp. humilis and Melicope on a main stem that is 4 to 18 mm (0.2 according to elevation, moisture regime, munroi, have been reported from and substrate. The most recent to 0.7 in.) long. The stalk of each lowland wet shrublands, and Hedyotis individual flower is 12 to 28 mm (0.5 to classification of Hawaiian natural schlechtendahliana var. remyi has been communities recognizes nearly 100 1.1 in.) long. The hypanthium (cup-like reported from lowland mesic structure at the base of the flower) is native vegetation types. Within these shrublands. types are numerous island-specific or widest on the top, 8 to 14 mm (0.3 to The land that supports these 10 plant 0.6 in.) long, and 5 to 10 mm (0.2 to 0.4 region-specific associations, comprising taxa is owned by various private parties, an extremely rich array of vegetation in.) wide. The sepals and petals are the State of Hawaii (including forest similar in color (rose or greenish white types within a very limited geographic reserves and natural area reserves), and area. Major vegetation formations to white), curved, and tubular. The the Federal government (Department of include forests, woodlands, shrublands, flowers are 36 to 55 mm (1.4 to 2.2 in.) the Interior, National Park Service). grasslands, herblands, and pioneer long and 5 to 10 mm (0.2 to 0.4 in.) associations on lava and cinder Discussion of the 10 Plant Taxa wide. The lobes of the sepals and petals substrates (Gagne´ and Cuddihy 1990). are erect, and extend 0.2 to 0.5 times In Hawaii, lowland, montane, and Clermontia samuelii beyond the tube. Berries of this species subalpine forest types extend from sea Clermontia samuelii, was first have not yet been observed. C. samuelii level to above 3,000 m (9,800 ft) in described by C.N. Forbes from a ssp. hanaensis is differentiated from C. elevation. Coastal and lowland forests collection he made in 1919 (Degener samuelii ssp. samuelii by the greenish are generally dry or mesic and may be and Degener 1958, Forbes 1920). Harold white to white flowers; longer, narrower Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules 26759 leaves with the broadest point near the pigs in the past, and pigs are still a long. This subspecies is differentiated base of the leaves; and fewer hairs on major threat to the populations on State from the other subspecies by the the lower surface of the leaves. The owned lands. The populations of elliptical leaves, which are also shorter. species is separated from other members Clermontia samuelii ssp. samuelii This species differs from others in this of this endemic Hawaiian genus by the within the park have been fenced and endemic Hawaiian genus by the vine- size of the flowers and the hypanthium pigs have been eradicated. Due to the like stems and the yellowish flowers (Lammers 1990). large populations of pigs in adjacent that appear red due to the covering of Historically, Clermontia samuelii has areas, the park populations must hairs (Lammers 1990). been reported from eight locations on constantly be monitored to prevent Cyanea copelandii ssp. Haleakala, East Maui, from Keanae further ingress (R. Hobdy and A.C. haleakalaensis was historically reported Valley on the windward (northeastern) Medeiros, pers. comms. 1995). Rats from six locations on the windward side to Manawainui on the more (mainly Rattus rattus) and slugs are (northeastern) side of Haleakala, East leeward (southeastern) side of Haleakala known to eat leaves, stems, and fruits of Maui, from Waikamoi to Kipahulu (Hawaii Heritage Program (HHP) 1991a1 other members of this genus, and Valley (Chock and Kikudome (299) to 1991a4, 1991b1 to 1991b4; Medeiros therefore are a potential threat to both 1950; Forbes (1680.M) 1919, (1708.M) and Loope 1989). Currently, C. samuelii subspecies (Loyal Mehrhoff, U.S. Fish 1919, (2616.M) 1920, (2675.M) 1920; ssp. hanaensis is known from several and Wildlife Service (USFWS), in litt. Hobdy (887) 1980; Kikudome (454) populations limited to the northeastern 1995). 1951; Lamoureux and DeWreede (3917) side of Haleakala, totaling fewer than Cyanea copelandii ssp. haleakalaensis 1967; Rock (25660b) 1954; St. John 300 individuals. The populations occur (24732) 1950; Warshauer and Kepler Cyanea haleakalaensis was first on State owned land, within a Natural (FRW 2698) 1980; Warshauer and described in 1971 by St. John, from a Area Reserve and a Forest Reserve (FR) McEldowney (FRW 2769) 1980; Wagner collection made by G.Y. Kikudome in (Arthur C. Medeiros, Biological et al. (5912) 1988). Currently, this taxon 1951 (St. John 1971). In 1987, St. John Resources Division—U.S. Geological is known from two populations: One (St. John 1987b) merged the two genera Survey (BRD), pers. comm. 1995). C. population of about 200 individuals in Cyanea and Delissea, formally samuelii ssp. samuelii is known from 5 Kipahulu Valley, within Haleakala recognizing only Delissea, the genus to 10 populations totalling 50 to 100 National Park; and one population of 35 with priority. This resulted in the individuals. Most of the populations individuals on lower Waikamoi flume, combination D. haleakalaensis. occur on the back walls of Kipahulu which is privately owned. Typical Valley, within Haleakala National Park, Lammers retains both genera in the habitat is stream banks and wet scree with 2 or 3 of the populations on currently accepted treatment of the slopes in montane wet or mesic forest adjacent State owned land (Robert Hawaiian members of the family, and in dominated by Acacia koa (koa) and/or Hobdy, Hawaii Division of Forestry and 1988 he recognized C. haleakalaensis as Metrosideros polymorpha (Hobdy (887) Wildlife (DOFAW) and A.C. Medeiros, a subspecies of C. copelandii, 1980; Medeiros and Loope 1989; pers. comms. 1995). C. samuelii ssp. publishing the new combination C. National Tropical Botanical Garden hanaensis is found at, or below, 915 m copelandii ssp. haleakalaensis (NTBG) 1994; Wagner et al. (5912) 1988; (3,000 ft) elevation (A.C. Medeiros, pers. (Lammers 1988, 1990). C. copelandii R. Hobdy and A.C. Medeiros, pers. comm. 1995), while C. samuelii ssp. ssp. copelandii was previously listed as comms. 1995). C. copelandii ssp. samuelii is typically found between an endangered species (59 FR 10305). 1,800 to 2,100 m (6,000 to 6,900 ft) Cyanea copelandii ssp. haleakalaensis is found at elevations elevation (HHP 1991b1, 1991b2, haleakalaensis, a member of the between 730 and 1,340 m (2,400 and 1991b4). Both taxa are found in bellflower family, is a vine-like shrub 4,400 ft) (Hobdy (887) 1980; Wagner et montane wet forest dominated by 0.3 to 2 m (1 to 7 ft) tall, with sprawling al. (5912) 1988; Warshauer and Kepler Metrosideros polymorpha (o‘hi‘a) with stems. The sap of this species is a tan (FRW 2698) 1980; Warshauer and an understory of Cibotium sp. (hapu‘u) latex. Stems are unbranched or McEldowney (FRW 2769) 1980; A.C. and various native shrubs. Associated sparingly branched from the base. The Medeiros, pers. comm. 1995). plant taxa include Dubautia sp. leaves are elliptical, 10 to 19 cm (4 to Associated species include Perrottetia (na‘ena‘e), Clermontia sp. (‘oha wai), 7 in.) long, and 3.5 to 8.5 cm (1.4 to 3.3 sandwicensis (olomea), Psychotria Hedyotis sp. (pilo), Vaccinium sp. in.) wide. The upper surfaces of the hawaiiensis (kopiko ‘ula), Broussaisia (ohelo), Carex alligata, Melicope sp. leaves have no hairs, while the lower arguta (kanawao), and Hedyotis (alani), and Cheirodendron trigynum surfaces are hairy. The margins of the acuminata (au) (Wagner et al. (5912) (‘olapa) (HHP 1991a1, 1991a2, 1991b4). leaves are thickened, with small, widely 1988). Threats to Clermontia samuelii ssp. spaced, sharp teeth. The leaf stalks are The major threats to Cyanea hanaensis include habitat degradation 2.5 to 10 cm (1 to 4 in.) long. The copelandii ssp. haleakalaensis are and/or destruction by feral pigs (Sus inflorescences are 5 to 12-flowered and habitat degradation and/or destruction scrofa) and competition with alien plant hairy. The main inflorescence stalks are by feral pigs and competition with taxa such as Tibouchina herbacea 20 to 45 mm (0.8 to 1.8 in.) long. The several alien plant taxa (Higashino et al. (glorybush) and two species of hypanthium is oval and widest at the 1988; Hobdy (887) 1980; NTBG 1994; R. Hedychium (ginger) (A.C. Medeiros, top, 6 to 10 mm (0.2 to 0.4 in.) long, Hobdy, A.C. Medeiros, and F.R. pers. comm. 1995; Fredrick R. about 5 mm (0.2 in.) wide, and hairy. Warshauer, pers. comms. 1995). Rats Warshauer, BRD, pers. comm. 1995). In The corolla (petals collectively) is (mainly Rattus rattus) and slugs (mainly addition, two extremely invasive alien yellowish but appears pale rose in color Milax gagetes) are known to eat leaves, plant taxa, Miconia calvescens (velvet due to a covering of dark red hairs. The stems, and fruits of other members of tree) and Clidemia hirta (Koster’s curse), corolla is 37 to 42 mm (1.4 to 1.6 in.) this genus, and therefore are a potential are found in nearby areas and may long and about 5 mm (0.2 in.) wide. The threat to this species (L. Mehrhoff, in invade this habitat if not controlled corolla tube is gently curved and the litt. 1995). In addition, C. copelandii (A.C. Medeiros, pers. comm. 1995). The lobes spread about 0.25 times beyond ssp. haleakalaensis is threatened by habitat of Clermontia samuelii ssp. the tube. The berries are dark orange, random environmental events since it is samuelii was extensively damaged by oval, and 7 to 15 mm (0.3 to 0.6 in.) known from only two populations. 26760 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules
Cyanea glabra within Haleakala National Park (A.C. hairless. The tube of the corolla is Cyanea glabra was first collected on Medeiros, pers. comm. 1995). Typical slightly curved, with lobes 0.25 to 0.5 West Maui by Willam Hillebrand who habitat is wet forest dominated by times as long as the tube. The corolla named it Cyanea holophylla var. Acacia koa and/or Metrosideros lobes all curve downward, making the obovata (Hillebrand 1888). In 1943, F.E. polymorpha, at elevations between 975 flower appear one-lipped. The anthers Wimmer named it C. knudsenii var. to 1,340 m (3,200 to 4,400 ft) (A.C. (pollen-bearing structures) are hairless glabra, based on a specimen collected Medeiros, pers. comm. 1995). except for the lower two, which have The primary threat to Cyanea glabra by Forbes on East Maui (Wimmer 1943). apical tufts of white hairs. The fruit is is slugs (A.C. Medeiros, pers. comm. In 1981, St. John elevated C. knudsenii a purplish red berry 30 to 45 mm (1.2 1995). Additional threats are habitat var. glabra to full species status as C. to 1.8 in.) long and 20 to 27 mm (0.8 to degradation and/or destruction by feral glabra (St. John 1981). Lammers, in the 1.1 in.) wide. The berry is crowned by pigs, flooding, and competition with most recent treatment of the Hawaiian persistent calyx lobes. This subspecies several alien plant taxa (R. Hobdy and is differentiated from the previously members of the family, upheld the A.C. Medeiros, pers. comms. 1995). Rats listed subspecies (C. hamatiflora ssp. species name, and included C. are a potential threat to C. glabra, since carlsonii) by its longer calyx lobes and holophylla var. obovata as well as the they are known to eat plant parts of shorter individual flower stalks. This following synonyms in C. glabra: C. other members of the bellflower family species is separated from others in this scabra var. variabilis, Delissea glabra, D. (L. Mehrhoff, in litt. 1995; A.C. endemic Hawaiian genus by fewer holophylla var. obovata, and D. scabra Medeiros, pers. comm. 1995). Leaf flowers per inflorescence and narrower var. variabilis (Lammers 1990, Rock damage in the form of stippling and leaves (Lammers 1990). 1919). yellowing by the twospotted leafhopper Cyanea hamatiflora ssp. hamatiflora Cyanea glabra, a member of the (Saphonia rufofascia) has been observed was historically known from eight bellflower family, is a branched shrub. on other native species within the area locations on the windward The leaves of juvenile plants are deeply of C. glabra on West Maui and is a (northeastern) side of Haleakala, on pinnately lobed, while those of the adult potential threat to this species (Kenneth Maui, stretching from Puu o Kakae to plants are more or less entire and Wood, NTBG, pers. comm. 1995). Manawainui (Degener (7977) 1927; elliptical. Adult leaves are 23 to 36 cm Random environmental events are a Forbes (1294.M) 1919, (1654.M) 1919, (9 to 14 in.) long and 7 to 12 cm (3 to threat to this species, with only two (2607.M) 1920; Higashino and Haratani 5 in.) wide. The upper surfaces of the populations remaining. (10037) 1983; Higashino and Holt (9398) leaves are green and hairless, while the 1980; Higashino and Mizuro (2850) Cyanea hamatiflora ssp. hamatiflora lower surfaces are pale green and 1976; Hobdy (2630) 1986; Rock (8514) hairless to sparsely hairy. The margins Cyanea hamatiflora was first 1918; St. John (24730) 1951; Skottsberg of the adult leaves are thickened and collected by Joseph Rock in 1910 and (870) 1920; Warshauer and McEldowney shallowly toothed to irregularly lobed. described in 1913 (Rock 1913). In 1987, (FRW 2614) 1980; Warshauer and Six to eight flowers are borne in each St. John (St. John 1987b) merged the two McEldowney (FRW 2876) 1980). inflorescence. The main inflorescence genera Cyanea and Delissea, formally Currently, this taxon is known from two stalk is 20 to 55 mm (0.8 to 2.2 in.) long, recognizing only Delissea, the genus locations. Five or 6 populations totalling while the individual flower stalk is 12 with priority. This resulted in the 50 to 100 individuals in Kipahulu to 25 mm (0.5 to 1.0 in.) long. The combination D. hamatiflora. In 1988, Valley occur within Haleakala National hypanthium is widest at the top, 7 to 10 Lammers upheld Cyanea as a separate Park (A.C. Medeiros, pers. comm. 1995), mm (0.3 to 0.4 in.) long, and about 5 genus and combined C. carlsonii with and 5 or 6 populations totalling 20 to 25 mm (0.2 in.) wide. The corolla is white, this species, resulting in two subspecies: widely scattered individuals occur in often with a pale lilac tinge, 50 to 60 The federally endangered C. hamatiflora the Waikamoi-Koolau Gap area on mm (2 to 2.4 in.) long, and about 8 mm ssp. carlsonii (59 FR 10305) and the privately owned land (NTBG 1995; R. (0.3 in.) wide. The tube of the corolla is nominative C. hamatiflora ssp. Hobdy, pers. comm. 1995). Typical curved. The lobes are spreading, 0.25 to hamatiflora (Lammers 1988, 1990). habitat for this taxon is montane wet 0.33 times as long as the tube, and are Cyanea hamatiflora ssp. hamatiflora, forest dominated by Metrosideros covered by small, sharp projections. The a member of the bellflower family, is a polymorpha, with a Cibotium sp. and/or berries are yellowish orange, elliptical, palm-like tree 3 to 8 m (10 to 26 ft) tall. native shrub understory, from 975 to and 10 to 15 mm (0.4 to 0.6 in.) long. The latex is tan in color. The leaves are 1,500 m (3,200 to 4,920 ft) elevation The calyx (sepals collectively) persist on elliptical with the broadest point at the (NTBG 1995; Warshauer and the berry. This species is differentiated tip, or they may be narrowly oblong. McEldowney (FRW 2614) 1980; from others in this endemic Hawaiian The leaf blades are 50 to 80 cm (20 to Warshauer and McEldowney (FRW genus by the size of the flower and the 30 in.) long, 8 to 14 cm (3 to 5.5 in.) 2876) 1980). Associated native plant pinnately lobed juvenile leaves wide, and have no stem. The upper taxa include Dicranopteris linearis (Lammers 1990). surface of the leaf is sparsely hairy to (uluhe), Cheirodendron trigynum, Cyanea glabra has been reported hairless and the lower surface is hairy Broussaisia arguta, Cyanea solenocalyx historically from two locations on West at least along the midrib and veins. The (haha), Cyanea kunthiana (haha), Maui (Hillebrand 1888; Steve Perlman, leaf margins are minutely round- Vaccinium sp. (ohelo), Melicope sp., NTBG, pers. comm. 1992) and five toothed. The inflorescence is 5 to 10 and Myrsine sp. (kolea) (Higashino and locations on Haleakala, East Maui (HHP flowered with main stalks 15 to 30 mm Mizuro (2850) 1976; NTBG 1995). 1991c1 to 1991c5). This species is (0.6 to 1.2 in.) long. The stalks of The major threats to Cyanea currently known from only two individuals flowers are 5 to 12 mm (0.2 hamatiflora ssp. hamatiflora are habitat populations: One population of 12 to 0.5 in.) long. The hypanthium is degradation and/or destruction by feral individuals in Kauaula Gulch on West widest at the top, 12 to 30 mm (0.5 to pigs, landslides, and competition with Maui, on privately owned land (S. 1.2 in.) long, and 6 to 12 mm (0.2 to 0.5 the alien plant Ageratina adenophora Perlman, pers. comm. 1995); and one in.) wide. The corolla is magenta in (Maui pamakani) (NTBG 1995; R. Hobdy scattered population of approximately color, 60 to 80 mm (2 to 3 in.) long, 6 and A.C. Medeiros, pers. comms. 1995). 200 individuals in Kipahulu Valley, to 11 mm (0.2 to 0.4 in.) wide, and Pig damage in the form of peeled bark Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules 26761 has been observed on individuals of C. and the federally endangered Plantago are ripe. The stamens reach only to 1 to hamatiflora ssp. hamatiflora (A.C. princeps (‘ale) (Hawaii Plant 3 mm (0.04 to 0.1 in.) below the sinuses Medeiros, pers. comm. 1995). Rats and Conservation Center 1990; HHP 1991d1, of the corolla lobes. The styles are slugs are potential threats, since other 1991d2; R. Hobdy, pers. comm. 1995). woolly on the lower portions, and two Hawaiian members of this family are Threats to Dubautia plantaginea ssp. to four lobed. The fruits are top-shaped known to be eaten by rats and slugs (L. humilis include landslides and several to sub-globose capsules 2 to 4 mm (0.1 Mehrhoff, in litt. 1995). All populations alien plant taxa (HPCC 1990; HHP to 0.2 in.) long and 3 to 7 mm (0.1 to of this taxon are in areas where rats and 1991d1; R. Hobdy, pers. comm. 1995). 0.3 in.) in diameter. The fruits break slugs have been observed (A.C. Random environmental events are also open along the walls of the cells within Medeiros, pers. comm. 1995). a threat, with only two known the fruit. Seeds are dark brown, populations less than a half mile apart Dubautia plantaginea ssp. humilis irregularly wedge-shaped and angled, within the same valley. and darkly granular. This variety is Dubautia plantaginea ssp. humilis Hedyotis schlechtendahliana var. remyi distinguished from the other variety by was first described in 1985, from the leaf shape, narrow flowering stalks, specimens collected by Gerald Carr, Hillebrand described a new species, and flower color. It is distinguished Robert Robichaux, and Rene Sylva in Kadua remyi, based on collections on from others in the genus by the distance Black Gorge on West Maui (Carr 1985, Lanai and East Maui by Reverend John between leaves and the length of the Carr 1990). Lydgate (Hillebrand 1888). F. Raymond sprawling or climbing stems (Wagner et Dubautia plantaginea ssp. humilis, a Fosberg combined the genus Kadua al. 1990). member of the aster family (Asteraceae), with Hedyotis in 1943, and combined K. Historically, Hedyotis is a dwarfed shrub less than 80 cm (30 remyi with Hedyotis schlechtendahliana var. remyi was in.) tall. The stems are hairless or schlechtendahliana. Fosberg considered occasionally strigullose (having straight the Lanai plants different enough from known from five locations on the hairs pressed against the stem). The the Maui plants to create a separate northwestern portion of Lanaihale on leaves are opposite, narrow, 8 to 15 cm variety, H. schlechtendahliana var. the island of Lanai (Degener et al. (3 to 6 in.) long, and 0.7 to 4.5 cm (0.3 remyi. This variety has been upheld in (24193) 1957; Forbes (33.L) 1913, to 1.8 in.) wide. The leaves usually have the most recent revision of the Hawaiian (315.L) 1917); Fosberg (12463) 1939; five to nine nerves, and are hairless or members of this genus (Wagner et al. HHP 1991e1 to 1991e3; Hillebrand moderately strigullose. The leaf margins 1990). 1888; Hillebrand and Lydgate (s.n.) n.d.; are toothed from the apex to near the Hedyotis schlechtendahliana var. Munro (s.n.) 1913, (s.n.) 1914, (257, 335) middle. Between 20 to 90 flowering remyi, a member of the coffee family 1928, (506) 1930; Nagata and Ganders heads are found in each inflorescence, (Rubiaceae), is a few branched subshrub (2524) 1982; Rock (8116) 1910; St. John which is about 20 cm (8 in.) long and from 60 to 600 cm (24 to 240 in.) long, and Eames (18738) 1938; Wagner et al. 28 cm (11 in.) wide. Eight to 20 florets with weakly erect or climbing stems that 1990). Currently, this species is known (small flower that is part of a dense may be somewhat square, smooth, and from six individuals in three cluster) are found in each head, borne glaucous (with a fine waxy coating that populations on Kaiholeha-Hulupoe on a flat receptacle. The bracts on the imparts a whitish or bluish hue to the ridge, Kapohaku drainage, and Waiapaa receptacle are about 5 mm (0.2 in.) long, stem). The leaves are opposite, glossy, drainage on Lanaihale (HHP 1991e1 to sharply toothed, and fused together. The thin or somewhat thickened, egg-shaped 1991e3; R. Hobdy, pers. comm. 1995). corolla is yellow, and may purple with or with a heart-shaped base and a very H. schlechtendahliana var. remyi age. The fruit is an achene (a dry, one- pointed tip, and 3 to 6 cm (1.2 to 2.4 in.) typically grows in mesic windswept celled, indehiscent fruit) 2.5 to 4 mm long. The margins of the leaves curl shrubland with a mixture of dominant (0.08 to 0.2 in.) long. The taxon is self- under. The veins of the leaves are plant taxa that may include incompatible, meaning flowers must be impressed on the upper surface with Metrosideros polymorpha, Dicranopteris pollinated by pollen from a different hairs along the veins and raised on the linearis, and/or Styphelia tameiameiae plant. This subspecies differs from the lower surface. The lower surface of the (pukiawe) at elevations between 730 other two subspecies (D. plantaginea leaves are usually glaucous, like the and 900 m (2,400 to 3,000 ft). ssp. magnifolia and D. plantaginea ssp. stems. The leaf stalks are up to 1 cm (0.4 Associated plant taxa include Dodonaea plantaginea) by having fewer heads per in.) long, slightly fused to the stem, and viscosa (‘a‘al‘ii), Sadleria sp. (‘ama‘u), inflorescence but more florets per head. bear stipules (appendages on the base of Dubautia sp. (na‘ena‘e), Myrsine sp., The species differs from other Hawaiian the leaf stalks). and several others (HHP 1991e1 to members of the genus by the number of The inflorescence stalks are 2 to 15 1991e3; Lau (2866) 1986; Nagata and nerves in the leaves and by the close mm (0.1 to 0.6 in.) long, square, usually Ganders (2524) 1982). resemblance of the leaves to the genus glaucous, and borne at the ends of the The primary threats to Hedyotis Plantago (Carr 1985, 1990). stems. The flowers have either schlechtendahliana var. remyi are Dubautia plantaginea ssp. humilis has functional male and female parts or only habitat degradation and/or destruction only been reported from two locations functional female parts. Leaf-like bracts by axis deer (Axis axis); competition in Iao Valley, on West Maui. Both are found at the base of each flower. The with alien plant taxa such as Psidium populations are on privately owned hypanthium is top-shaped and 1.5 to 2.2 cattleianum, Myrica faya (firetree), land, and the two populations total mm (0.06 to 0.09 in.) wide. The calyx Leptospermum scoparium (New fewer than 300 individuals. Typical lobes are usually leaf-like and oblong to Zealand tea), and Schinus habitat is wet, barren, wind-blown cliffs, broadly egg-shaped, 2 to 8 mm (0.08 to terebinthifolius (Christmas berry); and between 350 to 400 m (1,150 to 1,300 ft) 0.3 in.) long, and 1.5 to 2.5 mm (0.08 to random environmental events and/or elevation. Associated native plant taxa 0.09 in.) wide, enlarging somewhat in reduced reproductive vigor due to the include Metrosideros polymorpha, fruit. The corolla is cream-colored, small number of remaining individuals Pipturus albidus (mamaki), Eragrostis fleshy, usually glaucous, trumpet- and populations (HHP 1994e1 to variabilis (kawelu), Carex sp., Hedyotis shaped, with a tube 6 to 17 mm (0.2 to 1991e3; Joel Lau, The Nature formosa, Lysimachia remyi, Bidens sp. 0.7 in.) long and lobes 1.5 to 10 mm Conservancy of Hawaii, pers. comm. (ko‘oko‘olau), Pritchardia sp. (loulu), (0.06 to 0.4 in.) long when the anthers 1995). 26762 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules
Kanaloa kahoolawensis southern coast of the island of (1990), retained the nomenclature, but Kanaloa kahoolawensis was Kahoolawe, which is owned by the State included only those plants from Lanai previously unknown to science until its of Hawaii (Lorence and Wood 1994). and Mapulehu on Molokai (previously discovery by Steve Perlman and Ken While there are no previous records of considered L. triflora) as L. tinifolia var. Wood in 1992 on a steep rocky spire on the plant, pollen core studies on the lanaiensis. This endemic Hawaiian the coast of Kahoolawe. David Lorence island of Oahu revealed a legume pollen genus is currently being revised, and and Wood have determined that this that could not be identified until this only the Lanai populations are included plant represents a new genus, and have species was discovered. The pollen in L. tinifolia var. lanaiensis, while L. named the species Kanaloa cores indicate that K. kahoolawensis triflora is being resurrected for the kahoolawensis (Lorence and Wood was a codominant with Dodonaea Molokai population (see discussion of 1994). viscosa and Pritchardia sp. from before the next taxon, below) (Motley, in Kanaloa kahoolawensis, a member of 1210 B.C. to 1565 A.D., at which point press). the legume family (Fabaceae), is a K. kahoolawensis disappeared from the Labordia tinifolia var. lanaiensis, a densely branched shrub 0.75 to 1 m (2.5 pollen record and D. viscosa and member of the logan family to 3.5 ft) tall. The branches are Pritchardia sp. declined dramatically (Loganiaceae), is an erect shrub or small sprawling and 0.75 to 1.5 m (2.5 to 5 ft) (Athens et al. 1992, Athens and Ward tree 1.2 to 15 m (4 to 49 ft) tall. The long. New growth is densely covered 1993, Lorence and Wood 1994). Only stems branch regularly into two forks of with brown and white hairs. The twigs two living individuals and 10 to 12 dead nearly equal size. The leaves are are brown, ribbed or angled, and individuals are known (D. Lorence, medium to dark green, oval to narrowly become whitish gray with corky NTBG, pers. comm. 1995). The only oval, 3.8 to 21 cm (1.5 to 8.3 in.) long, fissures. The leaves are clustered near known habitat is mixed coastal and 1.4 to 7.3 cm (0.6 to 2.9 in.) wide. twig tips and have two persistent shrubland on steep rocky talus slopes at The leaf stalks are 2.2 to 4 cm (0.9 to stipules. The leaf stalk is 6 to 24 mm 45 to 60 m (150 to 200 ft) elevation. 1.6 in.) long. The stipules are fused (0.2 to 0.9 in.) long. The leaves are Associated native plant taxa include together, forming a sheath around the divided into three pairs of leaflets, with Sida fallax (‘ilima), Senna gaudichaudii stem that is 1 to 4 mm (0.04 to 0.2 in.) a leaf nectary (nectar-bearing gland) at (kolomona), Bidens mauiensis long. Three to 19 flowers are found in the joint between each pair of leaflets. (ko‘oko‘olau), Lipochaeta lavarum each inflorescence, and the entire The leaflet pairs are 22 to 55 mm (0.8 (nehe), Portulaca molokinensis (‘ihi), inflorescence is pendulous and has a to 2 in.) long. The main stalk of the leaf and Capparis sandwichiana (pua pilo). stalk 9 to 22 mm (0.4 to 0.8 in.) long. terminates in a short, brown appendage. In addition, the area is also a nesting The flowers have a semen-like The leaflets are egg-shaped, unequal- site for Bulwer’s petrel (Bulweria fragrance, and are borne on stalks 8 to sided, 1.4 to 4.2 cm (0.6 to 1.7 in.) long, bulwerii) and wedge-tailed shearwater 11 mm (0.3 to 0.4 in.) long. The corolla and 0.9 to 3.2 cm (0.4 to 1.3 in.) wide. (Puffinus pacificus) (Lorence and Wood is pale yellowish green or greenish One to three inflorescences are found in 1994). yellow, narrowly urn-shaped, and 6.5 to the leaf axils (joint between leaf and The major threats to Kanaloa 19 mm (0.2 to 0.7 in.) long. The fruit is stem), developing with the flush of new kahoolawensis are landslides and the broadly oval, 8 to 17 mm (0.3 to 0.7 in.) leaves. The main stalk of the alien plant taxa Emelia fosbergii, Chloris long, 2 to 3 valved, and has a beak 0.5 inflorescence is 8 to 30 mm (0.3 to 1.2 barbata (swollen finger grass), and to 1.5 mm (0.02 to 0.06 in.) long. The in.) long. The inflorescence is a globose Nicotiana glauca (tobacco tree) (Lorence seeds are brown and about 1.8 mm (0.06 head 6 to 8 mm (0.3 to 0.3 in.) in and Wood 1994). Goats (Capra hircus) in.) long. This subspecies differs from diameter, with small bracts 1 to 1.5 mm played a major role in the destruction of the other two subspecies and other (0.04 to 0.06 in.) long at the base. Each vegetation on Kahoolawe before they species in this endemic Hawaiian genus inflorescence has 20 to 54 white were removed (Cuddihy and Stone by having larger capsules and smaller flowers. The calyx of the male flowers 1990), and K. kahoolawensis probably corollas (Motley, in press; Wagner et al. has limbs that are wider at the tip; survived only because the rocky stack is 1990). densely covered with long, white hairs; almost completely separated from the and have lobes that overlap when the island and inaccessible to goats Labordia tinifolia var. lanaiensis was flower is in bud. The corolla lobes also (Lorence and Wood 1994). Rats are a historically known from the entire overlap when the flower is in bud, and potential threat to this species, since it length of the summit ridge of Lanaihale, the petals are 1.5 to 1.8 mm (0.06 to 0.07 has seeds similar in appearance and on the island of Lanai (HHP 1991f1 to in.) long. The petals are hairy on the presentation to the federally endangered 1991f12; Motley, in press; Sherff 1938). outside at the tip, and are not fused at Caesalpinia kavaiensis, which is eaten Currently, L. tinifolia var. lanaiensis is the base. Ten stamens are found in the by rats. Rats may have been the cause known from only one population at the male flowers, fused at the base. Male of the decline of this species 800 years southeastern end of the summit ridge of flowers have only vestigial female parts. ago (L. Mehrhoff, in litt. 1995). Random Lanaihale. This population is on Female flowers have not been observed. environmental events and/or reduced privately owned land and totals 300 to The fruit is borne on a stalk about 5 mm reproductive vigor are also a threat to 1,000 scattered individuals. The typical (0.2 in.) long. Up to four fruit develop this species, because only two habitat of L. tinifolia var. lanaiensis is in each flowering head. The fruit is egg- individuals are known. lowland mesic forest, associated with shaped to subcircular, compressed, such native species as Dicranopteris Labordia tinifolia var. lanaiensis hairy at the base, and open along two linearis and Scaevola chamissoniana sides. One slender, brown seed, about 2 Hillebrand determined, but did not (naupaka kuahiwi), at elevations mm (0.08 in.) long, is found in each name, a new variety of Labordia tinifolia between 760 and 915 m (2,500 and fruit. There is no other species of based on specimens he collected on the 3,000 ft) (HHP 1991f3; Motley, in press; legume in Hawaii that bears any islands of Kauai, West Maui, Lanai, and R. Hobdy and J. Lau, pers. comms. resemblance to this species or genus Hawaii. E.E. Sherff named the variety L. 1995). (Lorence and Wood 1994). tinifolia var. lanaiensis in 1938 (Sherff Labordia tinifolia var. lanaiensis is The only known location of Kanaloa 1938). In the revision of the Hawaiian threatened by deer and several alien kahoolawensis is a rocky stack on the members of this family, Wagner et al. plant taxa (R. Hobdy, pers. comm. 1994; Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules 26763
J. Lau, pers. comm. 1995). The single shrub up to 3 m (10 ft) tall. The new taxon, Labordia tinifolia var. lanaiensis, population is also threatened by random growth of this species is minutely hairy. was considered to be threatened and environmental factors. The leaves are opposite, broadly two taxa, L. triflora and Melicope elliptical, 6 to 11 cm (2.4 to 4.3 in.) long, munroi (as Pelea munroi), were Labordia triflora and 3.5 to 7.5 cm (1.4 to 3.0 in.) wide. considered to be extinct. On July 1, Hillebrand named Labordia triflora The veins of the leaf are parallel, in 8 1975, the Service published a notice in based on a specimen he collected on to 12 pairs, and are connected by arched the Federal Register (40 FR 27823) of its Molokai in the early 1800s (Hillebrand veins near the margin of the leaf. The acceptance of the Smithsonian report as 1888). Wagner et al. considered this margins of the leaves are sometimes a petition within the context of section species to be synonymous with L. rolled under. The leaf stalks are 4 to 12 4(c)(2) (now section 4(b)(3)) of the Act, tinifolia var. lanaiensis (Wagner et al. mm (0.2 to 0.5 in.) long. The and giving notice of its intent to review 1990). Timothy Motley of the University inflorescence is found in the axil of the the status of the plant taxa named of Hawaii (UH) is revising this endemic leaf and contains one to three flowers. therein. As a result of that review, on Hawaiian genus, and has resurrected L. The inflorescence stalk is 10 to 15 mm June 16, 1976, the Service published a triflora as a valid species (Motley, in (0.4 to 0.5 in.) long, and the individual proposed rule in the Federal Register press). flower stalk is 15 to 35 mm (0.6 to 1.4 (41 FR 24523) to determine endangered Labordia triflora, a member of the in.) long. Male flowers have not been status pursuant to section 4 of the Act logan family, is very similar to L. reported. Female flowers have ovoid for approximately 1,700 vascular plant tinifolia var. lanaiensis, described sepals about 2.5 mm (0.1 in.) long and species. The list of 1,700 plant taxa was above, except in the following deltate petals about 8 mm (0.3 in.) long. assembled on the basis of comments and characteristics. Stems of L. triflora are The fruit is about 18 mm (0.7 in.) wide, data received by the Smithsonian climbing. The leaf stalks are only 1 to and the 4 carpels (egg-bearing Institution and the Service in response 3 mm (0.04 to 0.1 in.) long. The structures) are fused about one-third of to House Document No. 94–51 and the inflorescence stalks are 40 to 50 mm (1.6 their length. This species differs from July 1, 1975, Federal Register to 2 in.) long. Each flower stalk is 10 to other Hawaiian members of the genus in publication. 25 mm (0.4 to 1 in.) long (Motley, in the shape of the leaf and the length of General comments received in press). the inflorescence stalk (Stone et al. response to the 1976 proposal are Until 1990, Labordia triflora was 1990). summarized in an April 26, 1978, known only from the type collection at Historically known from the Mapulehu, on the island of Molokai. Lanaihale summit ridge of Lanai and Federal Register publication (43 FR This collection was made by Hillebrand above Kamalo on Molokai, Melicope 17909). In 1978, amendments to the Act in 1870 (Motley, in press). In 1990, Joel munroi is currently known from only required that all proposals over two Lau of The Nature Conservancy of the Lanaihale summit ridge (HHP years old be withdrawn. A one-year Hawaii, rediscovered the species in Kua 1991g1 to 1991g10). The one widely grace period was given to proposals Gulch on Molokai (Motley, in press; J. scattered population totals an estimated already over two years old. On Lau, pers. comm. 1995). Only 10 300 to 500 individuals (J. Lau, pers. December 10, 1979, the Service individuals are known, all occurring on comm. 1995). M. munroi is typically published a notice in the Federal privately owned land (J. Lau, pers. found in lowland mat fern shrubland, at Register (44 FR 70796) withdrawing the comm. 1995). Of these individuals, only elevations of 790 to 1020 m (2,600 to portion of the June 16, 1976, proposal two are male plants (Timothy Motley, 3,350 ft). Associated native plant taxa that had not been made final, along with University of Hawaii, pers. comm. include Diplopterygium pinnatum, four other proposals that had expired. 1993). This species occurs in mixed Dicranopteris linearis, Metrosideros The Service published an updated lowland mesic forest, at an elevation of polymorpha, Cheirodendron trigynum, notice of review for plants on December 800 m (2,600 ft). Associated species Coprosma sp. (pilo), Broussaisia arguta, 15, 1980 (45 FR 82479), September 27, include Pouteria sandwicensis (‘ala ‘a), Melicope sp., and Machaerina 1985 (50 FR 39525), February 21, 1990 the federally endangered Cyanea mannii angustifolia (‘uki) (HHP 1991g3 to (55 FR 6183), and September 30, 1993 (haha), and Tetraplasandra sp. (‘ohe) 1991g10). (58 FR 51144). Six of the species in this (Motley, in press). The major threats to Melicope munroi proposal (including synonymous taxa) The threats to Labordia triflora are deer and the alien plant taxa were at one time or another considered include habitat degradation and/or Leptospermum scoparium and Psidium category 1 or category 2 candidates for destruction by pigs and goats, rats that cattleianum (HHP 1991g3 to 1991g10; J. Federal listing. Category 1 species were eat seeds, and competition with the Lau, pers. comm. 1995). Random those for which the Service had on file alien plant species Schinus environmental events also threaten the substantial information on biological terebinthifolius (Motley in press; T. one remaining population. vulnerability and threats to support preparation of listing proposals but for Motley, pers. comm. 1993). Random Previous Federal Action environmental events and reduced which listing proposals had not yet been reproductive vigor also threaten this Federal action on these plants began published because they were precluded species, as only 10 individuals remain as a result of section 12 of the by other listing activities. Category 2 in one population. Endangered Species Act (16 U.S.C. species were those for which listing as 1533), which directed the Secretary of endangered or threatened was possibly Melicope munroi the Smithsonian Institution to prepare a appropriate, but for which sufficient In 1944, St. John described Pelea report on plants considered to be data on biological vulnerability and munroi, based on a collection by George endangered or threatened in the United threats were not currently available to C. Munro in 1915 (St. John 1944). The States. This report, designated as House support proposed rules. Two taxa, genus Pelea has since been submerged Document No. 94–51, was presented to Labordia tinifolia var. lanaiensis and L. with Melicope, creating the combination Congress on January 9, 1975. One of the triflora, were considered category 2 M. munroi (Hartley and Stone 1989). 10 proposed taxa, Cyanea glabra (as C. species in the 1980 and 1985 notices of Melicope munroi, a member of the scabra var. variabilis) was considered to review. Melicope munroi (as Pelea citrus family (Rutaceae), is a sprawling be endangered in that document. One munroi) was considered a category 1* in 26764 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules the 1980 and 1985 notices. Category 1* The processing of this proposed in distribution, status and threats since species were those that could possibly listing rule conforms with the Service’s the expiration date of the listing be extinct. final listing priority guidance for fiscal moratorium. In the 1990 and 1993 notices, year 1997, published in the Federal Summary of Factors Affecting the Dubautia plantaginea ssp. humilis, Register on December 5, 1996 (61 FR Species Hedyotis schlechtendahliana var. remyi, 64475–64481). The guidance clarifies and Melicope munroi were considered the order in which the Service will Section 4 of the Endangered Species category 2 species. Labordia tinifolia process rulemakings following two Act and regulations (50 CFR part 424) var. lanaiensis was considered more related events: (1)The lifting, on April promulgated to implement the listing abundant than previously thought and 26, 1996, of the moratorium on final provisions of the Act set forth the moved to category 3C in the 1990 listings imposed on April 10, 1995 procedures for adding species to the notice. Category 3C species were those (Public Law 104–6); and (2) the Federal lists of endangered and that had proven to be more abundant or restoration of significant funding for widespread than previously believed threatened species. A species may be listing through passage of the omnibus and/or were not subject to any determined to be an endangered or budget reconciliation law on April 26, identifiable threat. Labordia triflora was threatened species due to one or more 1996, following severe funding considered a synonym of L. tinifolia var. of the five factors described in section lanaiensis in the 1990 notice. As constraints imposed by a number of 4(a)(1). The threats facing the 10 taxa in published in the Federal Register (61 continuing resolutions between this proposed rule are summarized in FR 7596) on February 28, 1996, the November 1995 and April 1996. The Table 2. The factors and their Service discontinued the designation of guidance calls for giving highest priority application to Clermontia samuelii C. category 2 and category 3 candidate to handling emergency situations (Tier Forbes (‘oha wai), Cyanea copelandii species. 1) and second highest priority (Tier 2) Rock ssp. haleakalaensis (St. John) Since the last notice, new information to resolving the listing status of the Lammers (haha), Cyanea glabra (F. suggests that the numbers and outstanding proposed listings. Tier 3 Wimmer) St. John (haha), Cyanea distribution are sufficiently restricted includes the processing of new hamatiflora Rock ssp. hamatiflora and the taxa are imminently threatened proposed listings for species facing high (haha), Dubautia plantaginea Gaud. ssp. for the previously designated category 2 magnitude threats. This proposed rule humilis G. Carr (na‘ena‘e), Hedyotis and category 3C species mentioned for 10 plant taxa from Maui Nui in the schlechtendahliana Steud. var. remyi above, as well as six additional taxa Hawaiian Islands falls under Tier 3. The (Hillebr.) Fosb. (kopa), Kanaloa (Clermontia samuelii, Cyanea Pacific Islands Ecoregion currently has kahoolawensis Lorence & K.R. Wood copelandii ssp. haleakalaensis, Cyanea no outstanding Tier 1 or 2 species, (kohe malama malama o Kanaloa), glabra, Cyanea hamatiflora ssp. therefore processing of Tier 3 activities Labordia tinifolia A. Gray var. hamatiflora, the newly discovered is encouraged under the Listing Priority lanaiensis Sherff (kamakahala), Kanaloa kahoolawensis, and the Guidance. This proposed rule has been Labordia triflora Hillebr. (kamakahala), resurrected Labordia triflora), to warrant updated by the Pacific Islands and Melicope munroi (St. John) B. Stone listing. Ecosystem Office to reflect any changes (alani) follow.
TABLE 2.ÐSUMMARY OF THREATS
Alien mammals Species Alien plants Inverte- Substrate Limited Pigs Goats Deer Rats brates loss Nos*
Clermontia samuelii ...... X ...... P X P ...... Cyanea copelandii ssp. X ...... P P P ...... X1 haleakalaensis. Cyanea glabra ...... X ...... P X X X X1 Cyanea hamatiflora ssp. X ...... P X P X hamatiflora. Dubautia plantaginea ssp...... X ...... X X1 humilis. Hedyotis schlechtendahliana ...... X ...... X ...... X1,2 var. remyi. Kanaloa kahoolawensis ...... P X ...... X X1,2 Labordia tinifolia var...... X ...... X ...... X1 lanaiensis. Labordia triflora ...... X X ...... X X ...... X1,2 Melicope munroi ...... X ...... X ...... X1 X = Immediate and significant threat. P = Potential threat. * = No more than 100 individuals and/or no more than 5 populations; 1 = No more than 5 populations; 2 = No more than 10 individuals.
A. The Present or Threatened present land management practices threatened destruction and adverse Destruction, Modification, or including ranching, deliberate alien modification of habitat by feral animals Curtailment of Its Habitat or Range animal and plant introductions, and and competition with alien plants (see agricultural development (Cuddihy and Factor E). Native vegetation on all of the main Stone 1990, Wagner et al. 1985). The Eight of the 10 taxa in this rule are Hawaiian Islands has undergone primary threats facing the 10 plant taxa variously threatened by feral animals extreme alteration because of past and included in this ruling are ongoing and (See Table 2). Animals such as pigs, Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules 26765 goats, axis deer, and cattle were (Tomich 1986). Axis deer degrade et al. 1985). It is possible that rats eat introduced either by the early habitat by trampling and overgrazing the fruits of Clermontia samuelii, Hawaiians or more recently by vegetation, which removes ground cover Cyanea copelandii ssp. haleakalaensis, European settlers for food and/or and exposes the soil to erosion. Cyanea glabra, and Cyanea hamatiflora commercial ranching activities. Over the Extensive red erosional scars caused by ssp. hamatiflora, which produce fleshy 200 years following their introduction, decades of deer activity are evident on fruits and stems, and grow in areas their numbers increased and the adverse Lanai (Cuddihy and Stone 1990). where rats occur (A.C. Medeiros, pers. impacts of feral ungulates on native Activity of axis deer threatens all comm. 1995; L. Mehrhoff, in litt. 1995). vegetation have become increasingly populations of Hedyotis Rats also eat the seeds of Labordia apparent. Beyond the direct effect of schlechtendahliana var. remyi, Labordia triflora (T. Motley, pers. comm. 1993). trampling and grazing native plants, tinifolia var. lanaiensis, and Melicope Rats are a potential threat to Kanaloa feral ungulates have contributed munroi on Lanai (HHP 1991g8 to kahoolawensis, which has seeds of a significantly to the heavy erosion still 1991g10; J. Lau, pers. comm. 1995). type preferred by rats (L. Mehrhoff, in taking place on most of the main litt. 1995). B. Overutilization for Commercial, Hawaiian islands (Cuddihy and Stone Slugs (including Milax gagates) are Recreational, Scientific, or Educational 1990). widespread in Hawaii and a serious Pigs (Sus scrofa), originally native to Purposes threat to many native plant taxa, in Europe, Africa, and Asia, were Unrestricted collecting for scientific addition to possibly being an attractant introduced to Hawaii by the Polynesian or horticultural purposes or excessive to pigs (Howarth 1985). Slugs feed ancestors of Hawaiians, and later by visits by individuals interested in seeing preferentially on plants with fleshy western immigrants. The pigs escaped rare plants could result from increased leaves, stems, and fruits, including all domestication and invaded primarily publicity. This is a potential threat to all taxa in the family Campanulaceae in wet and mesic forests of Kauai, Oahu, of the proposed taxa, but would Hawaii (L. Mehrhoff, in litt. 1995). Slugs Molokai, Maui, and Hawaii. Pigs pose seriously impact the eight taxa whose are the primary threat to Cyanea glabra. an immediate threat to one or more low numbers and/or few populations All recent observations of this species populations of five of the proposed taxa make them especially vulnerable to have shown slug damage on both in wet and mesic habitats. While disturbances (Cyanea copelandii ssp. juveniles and adults (A.C. Medeiros, foraging, pigs root and trample the forest haleakalaensis, Cyanea glabra, pers. comm. 1995). Slugs are also a floor, encouraging the establishment of Dubautia plantaginea ssp. humilis, potential threat to the following alien plants in the newly disturbed soil. Hedyotis schlechtendahliana var. remyi, proposed taxa with fleshy tissues: Pigs also disseminate alien plant seeds Kanaloa kahoolawensis, Labordia Clermontia samuelii, Cyanea copelandii through their feces and on their bodies, tinifolia var. lanaiensis, Labordia ssp. haleakalaensis, and Cyanea accelerating the spread of alien plants triflora, and Melicope munroi). hamatiflora ssp. hamatiflora (A.C. through native forests (Cuddihy and C. Disease and Predation Medeiros, pers. comm. 1995; L. Stone 1990, Stone 1985). Pigs are Mehrhoff, in litt. 1995). vectors of Psidium cattleianum Disease is not known to be a Twospotted leafhopper (Sophonia (strawberry guava) and Schinus significant threat to any of the proposed rufofascia) is a recently introduced terebinthifolius (Christmas berry), taxa. None of the 10 proposed taxa are insect that feeds on leaves, damaging which threaten several of the proposed known to be unpalatable to pigs, deer, them typically in the form of stippling taxa (Cuddihy and Stone 1990, Smith or goats. Feral pigs not only destroy and chlorosis. In addition to mechanical 1985, Stone 1985). On Maui, pigs native vegetation through their rooting feeding damage, this insect may be a threaten both subspecies of Clermontia activities and dispersal of alien plant vector of a plant virus and is suspected samuelii, Cyanea copelandii ssp. seeds (see Factor A), but they also feed of causing severe dieback of the native haleakalaensis, the only known on plants, preferring the pithy interior fern Dicranopteris linearis (uluhe), and population of Cyanea glabra, Cyanea of large tree ferns and fleshy-stemmed economic damage to crops and hamatiflora ssp. hamatiflora, and the plants from the bellflower family (Stone ornamental plants in Hawaii. The only known population of Labordia 1985, Stone and Loope 1987). There is twospotted leafhopper is a potential triflora (NTBG 1994; A.C. Medeiros, R. direct evidence of pigs eating bark off threat to all native taxa, since it has Hobdy, and J. Lau, pers. comms. 1995; individuals of Cyanea hamatiflora ssp. shown no host preference. It is a F.R. Warshauer, pers. comm. 1995). hamatiflora (A.C. Medeiros, pers. particularly grave threat to Cyanea Goats (Capra hircus), native to the comm. 1995), and predation is a glabra, since leafhoppers have been Middle East and India, were first possible threat to other members of the observed near the West Maui population successfully introduced to the Hawaiian bellflower family (Clermontia samuelii, (Adam Asquith, USFWS, pers. comm. Islands in 1792. Feral goats now occupy Cyanea copelandii ssp. haleakalaensis, 1994; K. Wood, pers. comm. 1995). a wide variety of habitats from lowland and Cyanea glabra). Predation is also a dry forests to montane grasslands on possible threat to the one other taxon, D. The Inadequacy of Existing Kauai, Oahu, Molokai, Maui, and Labordia triflora, known from areas Regulatory Mechanisms Hawaii, where they consume native where pigs have been reported (A.C. Of the 10 proposed taxa, 8 have vegetation, trample roots and seedlings, Medeiros and R. Hobdy, pers. comms. populations located on private land, 2 accelerate erosion, and promote the 1995; F.R. Warshauer, pers. comm. on State land, and 4 on Federal land invasion of alien plants (Scott et al. 1995). within Haleakala National Park. While 1986, Stone 1985, van Riper and van Two rat species, the black rat (Rattus four of the taxa occur in more than one Riper 1982). On Molokai, goats threaten rattus) and the Polynesian rat (Rattus of those four ownership categories, five the only known population of Labordia exulans), and to a lesser extent other are known only from private land, and triflora (T. Motley, pers. comm. 1993). introduced rodents, eat large, fleshy Kanaloa kahoolawensis is found only In 1920, a group of 12 axis deer (Axis fruits and strip the bark of some native on State land. axis) was introduced to the island of plants, particularly fruits of the native Sections 2(c)(1) and 7(a)(1) of the Act Lanai and about 60 years later the plants in the bellflower family (Cuddihy direct Federal agencies to seek to population was estimated at 2,800 and Stone 1990, Tomich 1986, Wagner conserve all listed endangered and 26766 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules threatened plants, but requires no such 4(3)(A)). Federal listing, because it 1991e2; R. Hobdy, pers. comm. 1994; J. activities if the plants are not federally automatically invokes State listing, Lau, pers. comm. 1995). listed. There are no State laws or would also implement these other State Rubus rosifolius (thimbleberry), existing regulatory mechanisms at the regulations protecting the plants. native to Asia, is naturalized in present time to protect or prevent disturbed mesic to wet forest on all of E. Other Natural or Manmade Factors further decline of these plants on the main Hawaiian Islands and is Affecting Its Continued Existence private land, except for minimal perhaps the most widespread of all protection offered to those that occur on All 10 of the taxa proposed for listing species of Rubus introduced to Hawaii land classified as a conservation district. are threatened by competition with one (Cuddihy and Stone 1990). On Maui, Populations of one of the proposed or more alien plant taxa (see Table 2). this species threatens one of two taxa, Clermontia samuelii, occur in a The most significant of these appear to populations of Cyanea copelandii ssp. State Natural Area Reserve, which has be Psidium cattleianum (strawberry haleakalaensis as well as Cyanea glabra rules and regulations for the protection guava), Schinus terebinthifolius (NTBG 1994; A.C. Medeiros, pers. of resources (HRS, sect. 195–5). (Christmas berry), Rubus rosifolius comm. 1995). The majority of the populations of the (thimbleberry), Clidemia hirta (Koster’s Clidemia hirta (Koster’s curse), a 10 proposed taxa are located on land curse), Miconia calvescens (velvet tree), noxious shrub native to tropical classified within conservation districts Myrica faya (firetree), Paspalum America, is found in mesic to wet and owned by the State of Hawaii or conjugatum (Hilo grass), Psidium forests on at least six islands in Hawaii private companies or individuals. guajava (common guava), Casuarina (Almeda 1990, Hawaii Department of Regardless of the owner, lands in these equisetifolia (ironwood tree), Agriculture 1981, Smith 1992). C. hirta districts are regarded as necessary for Leptospermum scoparium (New was first reported on Oahu in 1941 and the protection of endemic biological Zealand tea), and Ageratina adenophora had spread through much of the Koolau resources and the maintenance or (Maui pamakani). There are a number of Mountains by the early 1960s. This enhancement of the conservation of other alien plant taxa that pose a noxious plant forms a dense understory, natural resources. Activities permitted significant threat to populations of the shading out other plants and hindering in conservation districts are chosen by proposed plants. plant regeneration (Cuddihy and Stone considering how best to make multiple Psidium cattleianum (strawberry 1990). This prolific alien plant has use of the land (HRS, sect. 205–2). Some guava), an invasive shrub or small tree recently spread to five other islands uses, such as maintaining animals for native to tropical America, has become and, on Maui is a potential threat to hunting, are based on policy decisions, widely naturalized on all of the main Clermontia samuelii, Cyanea copelandii while others, such as preservation of islands, forming dense stands that ssp. haleakalaensis and Cyanea glabra endangered species, are mandated by exclude other plant species in disturbed (A.C. Medeiros, pers. comm. 1995). both Federal and State laws. Due to lack areas (Cuddihy and Stone 1990). This Miconia calvescens (velvet tree) is a of staff and funding, land uses within alien plant grows primarily in mesic recently naturalized species native to conservation districts are rarely and wet habitats and is dispersed tropical America. This species has adequately enforced. In addition, mainly by feral pigs and fruit-eating become invasive in the Hilo and Pahoa requests for amendments to district birds (Smith 1985, Wagner et al. 1990). areas of the island of Hawaii, and has boundaries or variances within existing P. cattleianum is considered to be one become established on East Maui. This classifications can be made by of the greatest alien plant threats to species has the potential to be very government agencies and any person Hawaiian rain forests and is a threat on disruptive, as it has become an with a property interest in the land Maui to one of two known populations understory dominate where introduced (HRS, sect. 205–4). Before decisions of Cyanea copelandii ssp. to similar habitat in Tahiti (Almeda about these requests are made, the haleakalaensis and Cyanea glabra 1990, Cuddihy and Stone 1990). This impact of the proposed reclassification (Higashino et al. 1988; A.C. Medeiros, species occurs on Maui near on ‘‘preservation or maintenance of pers. comm. 1995). On Lanai, this populations of Clermontia samuelii and important natural systems or habitat’’ invasive alien plant threatens all poses a potential threat (A.C. Medeiros, (HRS, sects. 205–4, 205–17) as well as populations of Hedyotis pers. comm. 1995). the maintenance of natural resources is schlechtendahliana var. remyi, the only Myrica faya (firetree), native to the required to be taken into account (HRS, two known populations of Labordia Azores, Madeira, and the Canary sects. 205–2, 205–4). Before any tinifolia var. lanaiensis, and the only Islands, was introduced to Hawaii proposed land use that will occur on known population of Melicope munroi before 1900 for wine-making, firewood, State land, is funded in part or whole by (HHP 1991e1 to 1991e3; R. Hobdy, pers. or an ornamental. Trees were planted in county or State funds, or will occur comm. 1994; J. Lau, pers. comm. 1995). forest reserves in the 1920s. By the mid- within land classified as conservation Schinus terebinthifolius (Christmas 1980s M. faya had infested over 34,000 district, an environmental assessment is berry), introduced to Hawaii before hectares (83,980 acres) throughout the required to determine whether or not 1911, is a fast-growing tree or shrub State, with the largest infestations on the environment will be significantly invading most mesic to wet lowland the island of Hawaii. It is now affected (HRS, chapt. 343). If it is found areas of the major Hawaiian Islands considered a noxious weed (Cuddihy that an action will have a significant (Wagner et al. 1990). S. terebinthifolius and Stone 1990, DOA 1981). M. faya can effect, preparation of a full is distributed mainly by feral pigs and form a dense stand with no ground Environmental Impact Statement is fruit-eating birds and forms dense cover beneath the canopy. This lack of required. Hawaii environmental policy, thickets that shade out and displace ground cover may be due to dense and thus approval of land use, is other plants (Cuddihy and Stone 1990, shading or to chemicals released by the required by law to safeguard ‘‘* * * the Smith 1985, Stone 1985). This species is tree that prevent other species from State’s unique natural environmental a threat to one population of Hedyotis growing. M. faya also fixes nitrogen and characteristics * * *’’ (HRS, sect. 344– schlechtendahliana var. remyi, both increases nitrogen levels in Hawaii’s 3(1)) and includes guidelines to ‘‘protect populations of Labordia tinifolia var. typically nitrogen-poor volcanic soils. endangered species of individual plants lanaiensis, and the only known This may encourage the invasion of and animals * * *’’ (HRS, sect. 344– population of Labordia triflora (HHP alien plants that would not normally be Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules 26767 able to grow as well as native species in as Cyanea glabra, and Cyanea into mesic and wet forests on all the the low-nitrogen soils of Hawaii hamatiflora ssp. hamatiflora are main Hawaiian islands (Wagner et al. (Cuddihy and Stone 1990). On Lanai, threatened by this species (NTBG 1995; 1990). It is a fast growing shrub and can this species threatens Hedyotis R. Hobdy, pers. comm. 1995). form dense thickets (Smith 1985). P. schlechtendahliana var. remyi and Rubus argutus (prickly Florida symphytifolia is a threat to Dubautia Labordia tinifolia var. lanaiensis (HHP blackberry) was introduced to the plantaginea ssp. humilis on West Maui 1991e3; R. Hobdy, pers. comm. 1994). Hawaiian Islands in the late 1800s from (HPCC 1990). Paspalum conjugatum (Hilo grass) is the continental U.S. (Haselwood and Emelia fosbergii is a pantropical weed naturalized in moist to wet disturbed Motter 1983). The fruits are easily of unknown origin. In Hawaii it is a areas on all of the main Hawaiian spread by birds to open areas such as common weed in disturbed lowland dry Islands except Niihau and Kahoolawe, disturbed mesic or wet forests, where habitats on all the main islands (Wagner and produces a dense ground cover the species forms dense, impenetrable et al. 1990). E. fosbergii is a threat to the (Cuddihy and Stone 1990). In Maui’s thickets (Smith 1985). One of two only known population of Kanaloa Kipahulu Valley, this grass threatens known populations of Cyanea kahoolawensis (Lorence and Wood one of two populations of Cyanea copelandii ssp. haleakalaensis as well 1994). copelandii ssp. haleakalaensis as well as Cyanea glabra are threatened by this Nicotiana glauca (tree tobacco) was as Cyanea glabra (NTBG 1994; A.C. species (A.C. Medeiros, pers. comm. brought to Oahu as an ornamental from Medeiros, pers. comm. 1995). On West 1995). Argentina in the 1860s. It is now Maui, P. conjugatum threatens Dubautia Hedychium coronarium (white ginger) naturalized in all warm temperate plantaginea ssp. humilis (HPCC 1990). was introduced to Hawaii in the late regions of the world. On Oahu, Lanai, Psidium guajava (common guava), a 1800s, probably by Chinese immigrants. Maui, and Kahoolawe, this species is shrub or small tree native to the New It escaped from cultivation and is found naturalized in disturbed open, dry World tropics, is naturalized on all of in wet and mesic forests on most of the habitats (Symon 1990). N. glauca is a the main islands, except, perhaps, main Hawaiian islands. The large, threat to the only known population of Niihau and Kahoolawe (Wagner et al. vigorous herbs mainly reproduce Kanaloa kahoolawensis (Lorence and 1990). P. guajava is a serious weed that vegetatively, forming very dense stands Wood 1994). invades disturbed sites, forming dense that exclude all other growth. H. Chloris barbata (swollen finger grass) thickets in dry as well as mesic and wet gardnerianum (kahili ginger) was is native to Central America, the West forests (Smith 1985, Wagner et al. 1990). introduced to Hawaii before 1940 from Indies, and South America. In Hawaii it On Maui, this species threatens one of the Himalayas, and now has major is naturalized in disturbed dry areas on the two known populations of Cyanea infestations on the islands of Hawaii, all the main islands, and is a threat to copelandii ssp. haleakalaensis as well Maui, and Kauai. This species is the only known population of Kanaloa as Cyanea glabra, and Dubautia considered a more serious threat to kahoolawensis (Lorence and Wood plantaginea ssp. humilis (HPCC 1990; native forests because it produces 1994, O’Connor 1990). Higashino et al. 1988; A.C. Medeiros, abundant fruit (Cuddihy and Stone Erosion, landslides, rockslides, and pers. comm. 1995). 1990, Wagner et al. 1990). Both species flooding due to natural weathering Casuarina equisetifolia (ironwood) is of Hedychium threaten Clermontia result in the death of individual plants a large, fast-growing tree that reaches up samuelii (A.C. Medeiros, pers. comm. as well as habitat destruction. This to 20 m (65 ft) in height (Wagner et al. 1995), and H. gardnerianum is a threat especially affects the continued 1990). This large tree shades out other to Labordia tinifolia var. lanaiensis (R. existence of taxa or populations found plants, takes up much of the available Hobdy, pers. comm. 1994). on cliffs, steep slopes, and stream banks nutrients, and possibly releases a Tibouchina herbacea (glorybush), a that have limited numbers and/or chemical agent that prevents other relative of Koster’s curse, first became narrow ranges such as the West Maui plants from growing beneath it (Neal established on the island of Hawaii in population of Cyanea glabra, Cyanea 1965, Smith 1985). C. equisetifolia is the late 1970s and, by 1982, was hamatiflora ssp. hamatiflora, Dubautia invading the wet cliffs of Iao Valley and collected in Lanilili on West Maui plantaginea ssp. humilis, and Kanaloa is a threat to Dubautia plantaginea ssp. (Almeda 1990). Although the disruptive kahoolawensis (Lorence and Wood humilis (HPCC 1990; HHP 1991d1; R. potential of this alien plant is not fully 1994; R. Hobdy, pers. comm. 1995). Hobdy, pers. comm. 1995). known, T. herbacea appears to be The small number of populations and Leptospermum scoparium (New invading mesic and wet forests of individuals of many of these taxa Zealand tea), brought to Hawaii as an Hawaii and Maui (Cuddihy and Stone increases the potential for extinction ornamental plant and now naturalized 1990), and is considered a threat to from a single human-caused or natural in disturbed mesic to wet forest on three Clermontia samuelii, Cyanea copelandii environmental disturbance. In addition, islands, threatens Hedyotis ssp. haleakalaensis, and Cyanea glabra the small gene pool may depress schlechtendahliana var. remyi, Labordia (R. Hobdy and A.C. Medeiros, pers. reproductive vigor. Four of the proposed tinifolia var. lanaiensis, and Melicope comms. 1995). plant taxa, Kanaloa kahoolawensis, munroi (Wagner et al. 1990; J. Lau, pers. Sporobolus africanus (smutgrass) was Labordia tinifolia var. lanaiensis, comm. 1995). introduced from Africa and has become Labordia triflora, and Melicope munroi, Ageratina adenophora (Maui naturalized on all the main islands of are each known from a single pamakani), native to tropical America, Hawaii except Niihau and Kahoolawe. It population. Four additional proposed has become naturalized in dry areas to is typically found in disturbed areas taxa have five or fewer populations wet forest on Oahu, Molokai, Lanai, such as road sides and pastures (Cyanea copelandii ssp. haleakalaensis, Maui, and Hawaii (Wagner et al. 1990). (O’Connor 1990), and on Maui is a Cyanea glabra, Dubautia plantaginea This noxious weed forms dense mats threat to Dubautia plantaginea ssp. ssp. humilis, and Hedyotis with other alien plants and prevents humilis (HPCC 1990). schlechtendahliana var. remyi), and regeneration of native plants (Anderson Pluchea symphytifolia (sourbush) is three of the taxa are estimated to et al. 1992). On Maui, one of the two native to Mexico, the West Indies, and number no more than 10 individuals known populations of Cyanea northern South America. This species is (Hedyotis schlechtendahliana var. copelandii ssp. haleakalaensis as well naturalized in dry forests and ranges remyi, Kanaloa kahoolawensis, and 26768 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules
Labordia tinifolia). All of the proposed maximum extent prudent and threatened under the Endangered taxa either number fewer than 15 determinable, the Secretary propose Species Act include recognition, populations or total fewer than 800 critical habitat at the time the species is recovery actions, requirements for individuals (see Table 2). determined to be endangered or Federal protection, and prohibitions The Service has carefully assessed the threatened. The Service finds that against certain activities. Recognition best scientific and commercial designation of critical habitat is not through listing can encourage and result information available regarding the past, prudent for the 10 taxa proposed in this in conservation actions by Federal, present, and future threats faced by rule. Service regulations (50 CFR State, and local agencies, private these taxa in determining to propose 424.12(a)(1)) state that designation of organizations, and individuals. The Act this rule. Based on this evaluation, this critical habitat is not prudent when one provides for possible land acquisition rulemaking will list these 10 species as or both of the following situations exist: and cooperation with the State and endangered: Clermontia samuelii, (1) The species is threatened by taking requires that recovery plans be Cyanea copelandii ssp. haleakalaensis, or other human activity, and developed for listed species. The Cyanea glabra, Cyanea hamatiflora ssp. identification of critical habitat can be protection required of Federal agencies hamatiflora, Dubautia plantaginea ssp. expected to increase the degree of threat and the prohibitions against certain humilis, Hedyotis schlechtendahliana to the species, or (2) such designation of activities involving listed plants are var. remyi, Kanaloa kahoolawensis, critical habitat would not be beneficial discussed, in part, below. Labordia tinifolia var. lanaiensis, to the species. Section 7(a) of the Act, as amended, Labordia triflora, and Melicope munroi. Designation of critical habitat is not requires Federal agencies to evaluate The 10 taxa are threatened by one or prudent for the six taxa (Dubautia their actions with respect to any species more of the following: Habitat plantaginea ssp. humilis, Hedyotis that is proposed or listed as endangered degradation and/or predation by pigs, schlechtendahliana var. remyi, Kanaloa or threatened and with respect to its goats, deer, rats, and invertebrates; kahoolawensis, Labordia tinifolia var. critical habitat, if any is being competition for space, light, water, and lanaiensis, Labordia triflora, and designated. Regulations implementing nutrients by alien plant taxa; and Melicope munroi) that are located this interagency cooperation provision substrate loss. Eight of the proposed primarily on non-Federal lands with of the Act are codified at 50 CFR part taxa have five or fewer populations, and limited Federal activities. It is likely 402. Section 7(a)(2) of the Act requires three of the taxa are estimated to that the publication of precise maps and Federal agencies to ensure that activities number no more than 10 individuals. descriptions of critical habitat in the they authorize, fund, or carry out are not Small population size and limited Federal Register would increase the likely to jeopardize the continued distribution make these taxa particularly vulnerability of these plant species to existence of a listed species or to vulnerable to extinction from reduced incidents of collection and general destroy or adversely modify its critical reproductive vigor or from random vandalism. The listing of these plants as habitat. If a Federal action may affect a environmental events. Because these 10 endangered elevates awareness of their listed species or its critical habitat, the taxa are in danger of extinction rarity and makes them more sought after responsible Federal agency must enter throughout all or a significant portion of by curiosity seekers, researchers, and into formal consultation with the their ranges, they fit the definition of rare plant collectors. Such increased Service. endangered as defined in the Act. visits to the sites where these species Populations of four of the endangered Therefore, the determination of are found could contribute to the taxa occur on U.S. National Park Service endangered status for these 10 taxa is decline of existing populations through land. The Park Service actively monitors warranted. vandalism. The remaining four taxa and manages rare and endangered Critical habitat is not being proposed (Clermontia samuelii, Cyanea species populations within Haleakala for the 10 taxa included in this rule for copelandii ssp. haleakalaensis, Cyanea National Park, although it continually reasons discussed in the ‘‘Critical glabra, and Cyanea hamatiflora ssp. struggles for adequate funding to control Habitat’’ section of this proposal. hamatiflora) are located primarily on feral pigs and alien plant taxa. Federal lands within Haleakala National Populations of Clermontia samuelii Critical Habitat Park. These Federal lands are managed ssp. samuelii on State land are being Critical habitat is defined in section 3 to some extent by the National Park considered for a fencing project that of the Act as: (i) the specific areas Service for the protection of native may preclude the need for listing as within the geographical area occupied ecosystems, which the Fish and Wildlife endangered. This project is a by a species, at the time it is listed in Service believes will facilitate the cooperative effort between the Service accordance with the Act, on which are protection, conservation, and recovery and the State Division of Forestry and found those physical or biological of these four taxa. As a result, all 10 of Wildlife. features (I) essential to the conservation these species will receive no significant The Act and its implementing of the species and (II) that may require benefit from the designation of critical regulations set forth a series of general special management consideration or habitat. Protection of the habitats of prohibitions and exceptions that apply protection; and (ii) specific areas these 10 taxa will be addressed through to all endangered plants. With respect to outside the geographical area occupied the recovery process and through the the 10 proposed species in this rule, all by a species at the time it is listed, upon section 7 consultation process. The prohibitions of section 9(a)(2) of the Act, a determination that such areas are Service believes that Federal implemented by 50 CFR 17.61, would essential for the conservation of the involvement in areas where these plants apply. These prohibitions, in part, make species. ‘‘Conservation’’ means the use occur can be identified without the it illegal for any person subject to the of all methods and procedures needed designation of critical habitat. All jurisdiction of the United States to to bring the species to the point at involved parties and the major import or export any endangered plant which listing under the Act is no longer landowners have been notified. species to/from the United States; necessary. transport such species in interstate or Section 4(a)(3) of the Act, as Available Conservation Measures foreign commerce in the course of a amended, and implementing regulations Conservation measures provided to commercial activity, sell or offer for sale (50 CFR 424.12) require that, to the species listed as endangered or such a species in interstate or foreign Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules 26769 commerce; remove and reduce such a endangered species pursuant to the National Environmental Policy Act species to possession from areas under Federal Endangered Species Act shall be The Fish and Wildlife Service has Federal jurisdiction; maliciously deemed to be an endangered species determined that Environmental damage or destroy any such species under the provisions of this chapter Assessments or Environmental Impact from areas under Federal jurisdiction; or ** *’’ (HRS, sect. 195D–4(a)). Statements, as defined under the remove, cut, dig up, or damage or Therefore, Federal listing will accord authority of the National Environmental destroy any such species in knowing the species listed status under Hawaii Policy Act of 1969, need not be violation of any State law or regulation, State law. State law prohibits cutting, prepared in connection with regulations including State criminal trespass law. collecting, uprooting, destroying, adopted pursuant to section 4(a) of the Certain exceptions to the prohibitions injuring, or possessing any listed Endangered Species Act of 1973, as apply to agents of the Service and State species of plant on State or private land, amended. A notice outlining the conservation agencies. or attempting to engage in any such Service’s reasons for this determination The Act and 50 CFR 17.62 provide for conduct. The State law encourages was published in the Federal Register the issuance of permits to carry out conservation of such species by State on October 25, 1983 (48 FR 49244). otherwise prohibited activities agencies and triggers other State The Service has examined this involving endangered plant species regulations to protect the species (HRS, regulation under the Paperwork under certain circumstances. Such sect. 195AD–4 and –5). permits are available for scientific Reduction Act of 1995 and found it to purposes and to enhance the Public Comments Solicited contain no information collection propagation or survival of the species. It requirements. The Service intends that any final is anticipated that few permits would action resulting from this proposal will References Cited ever be sought or issued because these be as accurate and as effective as 10 species are not common in A complete list of all references cited possible. Therefore, comments or cultivation or in the wild. herein is available upon request from suggestions from the public, other It is Service policy, published in the the Pacific Islands Ecoregion (see concerned governmental agencies, the Federal Register (59 FR 34272) on July ADDRESSES section). scientific community, industry, or any 1, 1994, to identify to the maximum Author: The author of this proposed other interested party concerning this extent practicable at the time a species rule is Marie M. Bruegmann, telephone proposed rule are hereby solicited. is listed those activities that would or 808–541–3441 or facsimile 808–541– would not constitute a violation of Comments particularly are sought 3470 (see ADDRESSES section). section 9 of the Act. Such information concerning: Substantial data were contributed by the is intended to clarify the potential (1) Biological, commercial trade, or Hawaii Heritage Program, Hawaii impacts of a species’ listing on proposed other relevant data concerning any Division of Forestry and Wildlife, and and ongoing activities within the threat (or lack thereof) to these species; Biological Resources Division of the species’ range. Four of the species occur (2) The location of any additional U.S. Geological Survey (formerly on Federal lands under the jurisdiction populations of these species and the National Biological Service). of the U.S. National Park Service. reasons why any habitat should or List of Subjects in 50 CFR Part 17 Collection, damage, or destruction of should not be determined to be critical Endangered and threatened species, these species on Federal lands is habitat as provided by section 4 of the Exports, Imports, Reporting and prohibited without a Federal Act; endangered species permit. Such recordkeeping requirements, activities on non-Federal lands would (3) Additional information concerning Transportation. constitute a violation of section 9 if the range, distribution, and population Proposed Regulation Promulgation conducted in knowing violation of size of these species; and Hawaii State law or regulations or in (4) Current or planned activities in the Accordingly, the Service hereby violation of a State criminal trespass law subject area and their possible impacts proposes to amend part 17, subchapter (see Hawaii State Law section below). on these species. B of chapter I, title 50 of the Code of The Service is not aware of any trade in Federal Regulations, as set forth below: Final promulgation of the these species. regulation(s) on these 10 species will Requests for copies of the regulations PART 17Ð[AMENDED] take into consideration the comments concerning listed plants and inquiries and any additional information received 1. The authority citation for part 17 regarding prohibitions and permits may by the Service, and such continues to read as follows: be addressed to the Fish and Wildlife communications may lead to a final Service, Ecological Services, Permits Authority: 16 U.S.C. 1361–1407; 16 U.S.C. regulation that differs from this Branch, 911 N.E. 11th Avenue, Portland, 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– proposal. 625, 100 Stat. 3500; unless otherwise noted. Oregon 97232–4181 (telephone 503– 231–6241; FAX 503–231–6243). The Endangered Species Act provides 2. Section 17.12(h) is amended by for one or more public hearings on this adding the following, in alphabetical Hawaii State Law proposal, if requested. Requests must be order under FLOWERING PLANTS, to Federal listing will automatically received within 45 days of the date of the List of Endangered and Threatened invoke listing under the State’s publication of the proposal in the Plants, to read as follows: endangered species act. Hawaii’s Federal Register. Such requests must be endangered species act states, ‘‘Any made in writing and addressed to the § 17.12 Endangered and threatened plants. species of aquatic life, wildlife, or land Ecoregion Manager (see ADDRESSES * * * * * plant that has been determined to be an section). (h) * * * 26770 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules
Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules
Flowering Plants
******* Clermontia samuelii `Oha wai ...... U.S.A (HI) ...... CampanulaceaeÐ E ...... NA NA Bellflower.
******* Cyanea copelandii Haha ...... U.S.A. (HI) ...... CampanulaceaeÐ E ...... NA NA ssp. Bellflower. haleakalaensis.
******* Cyanea glabra ...... Haha ...... U.S.A. (HI) ...... CampanulaceaeÐ E ...... NA NA Bellflower.
******* Cyanea hamatiflora Haha ...... U.S.A. (HI) ...... CampanulaceaeÐ E ...... NA NA ssp. hamatiflora. Bellflower.
******* Dubautia plantaginea Na`ena`e ...... U.S.A. (HI) ...... AsteraceaeÐSun- E ...... NA NA ssp. humilis. flower.
******* Hedyotis Kopa ...... U.S.A. (HI) ...... RubiaceaeÐCoffee E ...... NA NA schlechtendahliana var. remyi.
******* Kanaloa None ...... U.S.A. (HI) ...... FabaceaeÐLegume E ...... NA NA kahoolawensis.
******* Labordia tinifolia var. Kamakahala ...... U.S.A. (HI) ...... LoganiaceaeÐ E ...... NA NA lanaiensis. Logan.
******* Labordia triflora ...... Kamakahala ...... U.S.A. (HI) ...... LoganiaceaeÐ E ...... NA NA Logan.
******* Melicope munroi ...... Alani ...... U.S.A. (HI) ...... RutaceaeÐCitrus .... E ...... NA NA
*******
Dated: April 28, 1997. John G. Rogers, Director, Fish and Wildlife Service. [FR Doc. 97–12689 Filed 5–14–97; 8:45 am] BILLING CODE 4310±55±P 26771
Notices Federal Register Vol. 62, No. 94
Thursday, May 15, 1997
This section of the FEDERAL REGISTER SW., Washington, D.C. 20250. vegetables, and other products to contains documents other than rules or Telephone: (202) 720–3803. shippers, importers, processors, sellers, proposed rules that are applicable to the buyers and other financially interested public. Notices of hearings and investigations, Done at Washington, D.C. this 8th day of May 1997. parties on a ‘‘user-fee’’ basis. The use of committee meetings, agency decisions and this service is voluntary and is made rulings, delegations of authority, filing of Catherine E. Woteki, petitions and applications and agency Acting Under Secretary, Research, Education, available only upon request or when statements of organization and functions are and Economics. specified by some special program or examples of documents appearing in this [FR Doc. 97–12770 Filed 5–12–97; 8:45 am] contract. section. Estimate of Burden: Public reporting BILLING CODE 3410±22±M burden for this collection of information is estimated to average .0302205 hours DEPARTMENT OF AGRICULTURE per response. DEPARTMENT OF AGRICULTURE Respondents: Shippers, importers, Research, Education, and Economics; Agricultural Marketing Service processors, sellers, buyers and others Notice of Strategic Planning Task with a financial interest in lots of fresh Force Meeting [Docket No. FV±97±303] fruits, vegetables and other products. Estimated Number of Respondents: AGENCY: Research, Education, and Notice of Request for Extension and 51,800. Economics, USDA. Revision of a Currently Approved Estimated Number of Responses per Information Collection ACTION: Notice of meeting. Respondent: 4.09857. Estimated Total Annual Burden on AGENCY: Agricultural Marketing Service, Respondents: $218,144 (6,416 total SUMMARY: The United States Department USDA. of Agriculture announces a meeting of burden hours x $34.00 per hour). ACTION: Notice and request for the Strategic Planning Task Force. Comments are invited on: (1) Whether comments. the proposed collection of information SUPPLEMENTARY INFORMATION: The is necessary for the proper performance SUMMARY: In accordance with the Secretary of Agriculture has appointed of the functions of the agency, including Paperwork Reduction Act of 1995 (44 the Strategic Planning Task Force which whether the information will have U.S.C. Chapter 35), this notice is charged with the review of all practical utility; (2) the accuracy of the announces the Agricultural Marketing Federally owned and funded agency’s estimate of the burden of the Service’s (AMS) intention to request an agricultural research facilities. This 15 proposed collection of information extension for and revision to a currently member task force is scheduled to meet including the validity of the approved information collection for at the Holiday Inn Gateway Center in methodology and assumptions used; (3) Regulations Governing Inspection, Ames, Iowa beginning at 1:00 p.m. on ways to enhance the quality, utility, and Certification and Standards for Fresh May 28 and concluding at 4:00 p.m. on clarity of the information to be Fruits, Vegetables, and Other Products— Friday, May 30. Since this is the first collected; and (4) ways to minimize the 7 CFR 51. meeting of the Task Force, the agenda burden of the collection of information will focus on orientation of the members DATES: Comments on this notice must be on those who are to respond, including regarding the charge to the Task Force, received on or before July 14, 1997 to be the use of appropriate automated, the current intramural and extramural assured of consideration. electronic, mechanical, or other research program and related facilities, ADDITIONAL INFORMATION OR COMMENTS: technological collection techniques or and future plans for conducting the Contact Douglas D. Shearer, Head, Field other forms of information technology. review. The last day of the meeting will Operations Section, Fresh Products Comments may be sent to Douglas D. be spent touring the Iowa State Branch, Fruit and Vegetable Division, Shearer, Head, Field Operations University facilities, as well as the ARS Agricultural Marketing Service, U.S. Section, Fresh Products Branch, Fruit and APHIS facilities in the Ames area. Department of Agriculture, Room and Vegetable Division, Agricultural TIMES AND DATES: May 28, 1997, 1:00 2049—South Building, 1400 Marketing Service, U.S. Department of p.m.–8:00 p.m.; May 29, 1997, 8:00 Independence Avenue, SW., Agriculture, Room 2049—South a.m.–8:00 p.m.; and May 30, 1997, 8:00 Washington, D.C. 20250, Phone: (202) Building, 1400 Independence Avenue, a.m.–4:00 p.m. 720–2482, FAX: (202) 720–0393. S.W., Washington, D.C., 20250, FAX: PLACE: Holiday Inn Gateway Center, SUPPLEMENTARY INFORMATION: (202) 720–0393. All comments received US 30 and Elwood Drive, Ames, IA Title: Regulations Governing will be available for public inspection 50014. Inspection, Certification and Standards during regular business hours at the TYPE OF MEETING: Open to the public. for Fresh Fruits, Vegetables, and Other same address. Products—7 CFR 51. All responses to this notice will be COMMENTS: The public may file OMB Number: 0581–0125. summarized and included in the request written comments before or after the Expiration Date of Approval: for OMB approval. All comments will meeting with the contact person listed September 30, 1997. become a matter of public record. below. Type of Request: Extension and FOR FURTHER INFORMATION revision of a currently approved Dated: May 9, 1997. CONTACT: Mitch Geasler, Project information collection. Robert C. Keeney, Director, Strategic Planning Task Force, Abstract: The Fresh Products Branch Director, Fruit and Vegetable Division. Room 212W, Jamie E. Whitten Building, provides a nationwide inspection and [FR Doc. 97–12708 Filed 5–14–97; 8:45 am] USDA, 1400 Independence Avenue, grading service for fresh fruits, BILLING CODE 3410±02±P 26772 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
DEPARTMENT OF COMMERCE investigate the application and report to York, some 5 miles from the Syracuse- the Board. Hancock International Airport. Foreign-Trade Zones Board Public comment on the application is The applicant is now requesting invited from interested parties. authority to expand and reorganize the [Docket 39±97] Submissions (original and 3 copies) zone by deleting 15 acres of the shall be addressed to the Board’s northeastern portion of the current zone Foreign-Trade Zone 98ÐBirmingham, Executive Secretary at the address site and adding two new parcels (16 Alabama; Application for Expansion below. The closing period for their acres) located along Morgan Road, An application has been submitted to receipt is July 14, 1997. Rebuttal contiguous to the southwestern the Foreign-Trade Zones (FTZ) Board comments in response to material boundary of the current site, Liverpool, (the Board) by the City of Birmingham, submitted during the foregoing period New York. The new site is owned and Alabama, grantee of Foreign-Trade Zone may be submitted during the subsequent will be operated by M.S. Pietrafesa, L.P. 98, requesting authority to expand FTZ 15-day period (to July 29, 1997). The application also requests 98 to include additional sites in A copy of the application and authority on behalf of M.S. Pietrafesa, Birmingham, within the Birmingham accompanying exhibits will be available L.P. (MSPLP) to manufacture men’s and Customs port of entry. The application for public inspection at each of the women’s apparel under zone procedures was submitted pursuant to the following locations: for export only within FTZ 90. The provisions of the Foreign-Trade Zones U.S. Department of Commerce, Export MSPLP plant (143,000 sq. ft. on 10 Act, as amended (19 U.S.C. 81a–81u), Assistance Center, Medical Forum acres) is used to manufacture designer and the regulations of the Board (15 CFR Building, 7th Floor, 950 22nd Street tailored men’s and women’s suits, Part 400). It was formally filed on April North, Birmingham, Alabama 35203 blazers, and trousers (Ralph Lauren, 29, 1997. Office of the Executive Secretary, Coach brands) for the U.S. market and FTZ 98 was approved on April 27, Foreign-Trade Zones Board, Room export. The proposal calls for the 1984 (Board Order 247, 49 FR 19367, 5/ 3716, U.S. Department of Commerce, cutting and sewing of foreign-origin 7/84) and expanded on May 8, 1986 14th & Pennsylvania Avenue NW., wool, wool/silk, silk/linen, and linen (Board Order 330, 51 FR 17782, 5/15/ Washington, DC 20230. fabrics into the tailored apparel products noted above, which would be 86). The general-purpose zone currently Dated: May 8, 1997. consists of two sites in Birmingham: Site reexported to overseas markets. None of John J. Da Ponte, Jr., 1 (116 acres)—within the 442-acre the foreign-origin fabric processed Airport North/Northeast Industrial Park, Executive Secretary. under FTZ procedures would be entered adjacent to the Birmingham [FR Doc. 97–12795 Filed 5–14–97; 8:45 am] for U.S. consumption. International Airport; and Site 2 (10 BILLING CODE 3510±DS±P FTZ procedures would exempt acres)—Shaw Warehouse Company MSPLP from quota requirements and facilities on 2nd Avenue South, 113– Customs duty payments on the foreign DEPARTMENT OF COMMERCE 115 South 35th, and 3601 First Avenue fabric used in the production of tailored apparel for export. The application South. Foreign-Trade Zones Board The applicant, in a major revision to indicates that FTZ procedures will help its zone plan, now requests authority to improve the plant’s international expand the general-purpose zone to [Docket 36±97] competitiveness. In accordance with the Board’s include six new sites in Birmingham Foreign-Trade Zone 90ÐOnondaga (Proposed Sites 3–8): Site 3 (283 regulations, a member of the FTZ Staff County, NY; Application for Expansion has been designated examiner to acres)—‘‘ACIPCO’’ industrial area and Request for Export Manufacturing (owned by the City), Coalburg Road and investigate the application and report to Authority M.S. Pietrafesa, L.P. the Board. Daniel Payne Drive, Birmingham; Site 4 (Tailored Apparel for Export) (29 acres)—Oxmoor Industrial Park Public comment on the application is (owned by the City), Oxmoor West An application has been submitted to invited from interested parties. Industrial Drive, Birmingham; Site 5 (50 the Foreign-Trade Zones Board (the Submissions (original and 3 copies) acres)—Air Cargo facility, Birmingham Board) by the County of Onondaga, New shall be addressed to the Board’s International Airport, Birmingham; Site York, grantee of FTZ 90, requesting Executive Secretary at the address 6 (128,000 square feet, 13.9 acres)— authority to expand its zone at the below. The closing period for their Pizitz/McRae’s Warehouse, 4500 First Woodard Industrial Park, and requesting receipt is July 14, 1997. Rebuttal Avenue South, Birmingham; Site 7 (100 authority, on behalf of M.S. Pietrafesa, comments in response to material acres)—Munger/Valley East II Industrial L.P., to manufacture tailored apparel for submitted during the foregoing period Park (owned by the City), immediately export under zone procedures within may be submitted during the subsequent adjacent to the Valley East Industrial FTZ 90, Onondaga County, New York 15-day period (to July 29, 1997). Park, Alabama Highway 79 and Sterilite (Syracuse Customs port of entry). The A copy of the application and Drive, Birmingham; and, Site 8 (32 application was submitted pursuant to accompanying exhibits will be available acres)—Airport Industrial Center the provisions of the Foreign-Trade for public inspection at each of the (owned by Landonomics Group), Zones Act, as amended (19 U.S.C. 81a- following locations: adjacent to Birmingham International 81u), and the regulations of the Board Office of the Port Director, U.S. Customs Airport, East Lake Boulevard, (15 CFR Part 400). It was formally filed Service, Hancock International Birmingham. No specific manufacturing on April 23, 1997. Airport, 4034 S. Service Road, requests are being made at this time. FTZ 90 was approved on November 4, Syracuse, NY 13212 Such requests would be made to the 1983 (Board Order 232, 48 FR 52107; Office of the Executive Secretary, Board on a case-by-case basis. 11/16/83). The zone currently consists Foreign-Trade Zones Board, U.S. In accordance with the Board’s of 21 acres within the 2,000-acre Department of Commerce, Room regulations, a member of the FTZ Staff Woodard Industrial Area on Steelway 3716, 14th Street and Pennsylvania has been designated examiner to Boulevard in the town of Clay, New Avenue, NW., Washington, DC 20230. Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26773
Dated: May 7, 1997. comments in response to material are available for public inspection at John J. Da Ponte, Jr., submitted during the foregoing period each of the following locations: Executive Secretary. may be submitted during the subsequent U.S. Department of Commerce, Export [FR Doc. 97–12798 Filed 5–14–97; 8:45 am] 15 day period (to July 29, 1997). Assistance Center, 81 Mary St., BILLING CODE 3510±DS±P A copy of the application and Charleston, South Carolina 29403 accompanying exhibits will be available Foreign-Trade Zones Board, Room 3716, for public inspection at each of the U.S. Department of Commerce, 14th & DEPARTMENT OF COMMERCE following locations: Pennsylvania Avenue, NW., Clerk of Council’s Office, City Washington, DC 20230. Foreign-Trade Zones Board Administration Building, 3rd Floor, Dated: May 5, 1997. [Docket 38±97] 30 North Diamond Street, Mansfield, John J. Da Ponte, Jr., Ohio 44902 Executive Secretary. Foreign-Trade Zone 181ÐAkron- Office of the Executive Secretary, [FR Doc. 97–12797 Filed 5–14–97; 8:45 am] Canton, Ohio Area; Application for Foreign-Trade Zones Board, Room Expansion 3716, U.S. Department of Commerce, BILLING CODE 3510±DS±P An application has been submitted to 14th & Pennsylvania Avenue, NW., the Foreign-Trade Zones (FTZ) Board Washington, DC 20230. DEPARTMENT OF COMMERCE (the Board) by the Akron-Canton Dated: May 8, 1997. Regional Airport Authority, grantee of John J. Da Ponte, Jr., International Trade Administration FTZ 181, requesting authority to expand Executive Secretary. [A±583±816] its zone to include an additional site in [FR Doc. 97–12796 Filed 5–14–97; 8:45 am] Mansfield, Ohio, adjacent to the BILLING CODE 3510±DS±P Certain Stainless Steel Butt-Weld Pipe Cleveland/Akron Customs port of entry. Fittings From Taiwan; Preliminary The application was submitted pursuant Results of Antidumping Duty to the provisions of the Foreign-Trade DEPARTMENT OF COMMERCE Administrative Review Zones Act, as amended (19 U.S.C. 81a– 81u), and the regulations of the Board Foreign-Trade Zones Board AGENCY: Import Administration, (15 CFR Part 400). It was formally filed International Trade Administration, [Docket 9±97] on April 28, 1997. Department of Commerce. ACTION: FTZ 181 was approved on December Foreign-Trade Zone 21ÐCharleston, Notice of preliminary results of 23, 1991 (Board Order 546, 57 FR 41, 1/ South Carolina; Application for administrative review. 2/92). The general-purpose zone Subzone Status, Bayer Corporation SUMMARY: In response to a request by currently consists of a site (158 acres) (Rubber Chemicals), Goose Creek, within the 2,121-acre Akron-Canton respondent Ta Chen Stainless Pipe Co., South Carolina; Amendment of Ltd. (Ta Chen), the Department of Regional Airport in North Canton, Ohio. Application Two other applications are currently Commerce (the Department) is pending with the Board to expand the Notice is hereby given that the conducting an administrative review of zone at sites in northeastern Ohio application of the South Carolina State the antidumping duty order on certain (Docket Nos. 56–96 and 74–96). Ports Authority, grantee of FTZ 21, stainless steel butt-weld pipe fittings This application requests authority to requesting special-purpose subzone (pipe fittings) from Taiwan. This review further expand the general-purpose zone status for the rubber chemicals covers one manufacturer/exporter of the to include an additional site at the manufacturing plant of Bayer subject merchandise to the United Mansfield Lahm Airport complex (2,347 Corporation, in Goose Creek, South States during the period December 23, acres), located on State Route 13 at Carolina (Doc. 9–97, 62 FR 9159, 1992 through May 31, 1994. South Airport Road, Mansfield. The 2/28/97) has been amended to expand We preliminarily determine that Ta complex includes the airport facility’s the boundary of the plant site for which Chen made sales of pipe fittings below four industrial parks and airport fueling subzone status is requested. the foreign market value (FMV) for this facilities. The City of Mansfield owns The original application indicated period of review (POR). If these the complex, except for one of the that the plant, located within the Bushy preliminary results are adopted in our industrial parks which is owned by Park Industrial Complex, Highway 501 final results of administrative review, Armco Inc. The City plans to serve as in Goose Creek (Berkeley County), we will instruct the U.S. Customs operator of the zone site. No specific South Carolina, consisted of 100,000 Service to assess antidumping duties manufacturing requests are being made square feet on 4.4 acres. The equal to the difference between United at this time. Such requests would be amendment requests to include within States price (USP) and the FMV. We invite interested parties to made to the Board on a case-by-case the subzone boundary an adjacent comment on these preliminary results. basis. company-owned parcel (approx. In accordance with the Board’s 190,000 sq. ft. on 4.4 acres) east of the Parties who submit comments are regulations, a member of the FTZ Staff Bayer plant for the storage of raw requested to submit with the argument has been designated examiner to material tanks. (1) a statement of the issues and (2) a investigate the application and report to The application otherwise remains brief summary of the argument. the Board. unchanged. EFFECTIVE DATE: May 15, 1997. Public comment on the application is The comment period is extended until FOR FURTHER INFORMATION CONTACT: invited from interested parties. June 16, 1997. Submissions (original Robert James at (202) 482–5222 or John Submissions (original and 3 copies) and 3 copies) shall be addressed to the Kugelman at (202) 483–0649, shall be addressed to the Board’s Board’s Executive Secretary at the Antidumping and Countervailing Duty Executive Secretary at the address address below. Enforcement Group III, Import below. The closing period for their A copy of the application and the Administration, International Trade receipt is July 14, 1997. Rebuttal amendment and accompanying exhibits Administration, U.S. Department of 26774 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
Commerce, 14th Street and Constitution Although the HTS subheading is Act. Section 771(13)(C) holds that the Avenue, NW, Washington, DC 20230. provided for convenience and Customs term ‘‘exporter’’ includes the person by APPLICABLE STATUTE AND REGULATIONS: purposes, our written description of the whom or for whose account the Unless otherwise indicated, all citations scope of this order remains dispositive. merchandise is imported into the United States if the exporter ‘‘controls, to the Tariff Act of 1930, as amended Use of Best Information Available directly or indirectly, through stock (the Tariff Act) and to the Department’s We preliminarily determine that the regulations are in reference to the ownership or control or otherwise, any use of best information otherwise interest in the business conducted by provisions as they existed on December available (BIA), in accordance with 31, 1994. such person.’’ The record evidence section 776(c) of the Tariff Act, is leads us to conclude that Ta Chen SUPPLEMENTARY INFORMATION: appropriate for Ta Chen for the period exercised de facto operational control December 23, 1992 through May 31, Background over these U.S. customers. 1994. We find that in this review Ta Our discussion below focuses on two On June 16, 1993, the Department Chen mischaracterized and failed to parties, referred to here as Company A published in the Federal Register the fully disclose its relationships with and Company B, which Ta Chen antidumping duty order on pipe fittings certain U.S. customers and, as a result, reported as unrelated customers. Prior from Taiwan (58 FR 33250). On June 7, did not report its first U.S. sale to an to June, 1992 Ta Chen had sold pipe 1994, the Department published the unrelated party. Therefore, Ta Chen from the U.S. inventory of its wholly- notice of ‘‘Opportunity to Request failed to provide the Department with owned subsidiary, Ta Chen Administrative Review’’ for the period the U.S. sales data necessary to calculate International (TCI). In June 1992, after December 23, 1992 through May 31, margins in this review. Although the Ta Chen decided to stop selling its 1994 (59 FR 29411). In accordance with bases for this determination are products from TCI’s inventory, TCI and 19 CFR 353.22(a)(1), Ta Chen requested discussed below, much of the relevant Company A (a U.S. company that we conduct a review of its sales for information is proprietary in nature and established in 1988 by the president of this period. On July 15, 1994, we cannot be discussed in this public a Taiwanese firm), signed an agreement published in the Federal Register a notice. A more detailed analysis is whereby Company A would purchase notice of initiation of an antidumping found in the Department’s proprietary all of TCI’s considerable U.S. inventory duty administrative review covering the Analysis Memorandum, on file in Room and would effectively replace TCI as the period December 23, 1992 through May B–099 of the Main Commerce Building. principal distributor of Ta Chen pipe 31, 1994 (59 FR 36160). The Department The Department’s definition of related products in the United States. In a is now conducting this administrative parties is found at section 771(13) of the separate June 1992 agreement between review in accordance with section 751 Tariff Act. Section 771(13) states, inter Ta Chen and Company A, Company A of the Tariff Act. alia, that: also committed itself to purchasing very substantial, and rapidly increasing, Scope of the Review for purposes of determining United States price, the term ‘‘exporter’’ includes the dollar values of Ta Chen products over The products subject to this person by whom or for whose account the the following two years. In September antidumping duty order are certain merchandise is imported into the United 1993, a member of Ta Chen’s board of stainless steel butt-weld pipe fittings, States if— directors sold all of his stock in Ta whether finished or unfinished, under * * * * * Chen, allegedly severed all ties with Ta 14 inches inside diameter. (B) Such person owns or controls, directly Chen, and incorporated a new entity, Company B. This new Company B Certain welded stainless steel butt- or indirectly, through stock ownership or control or otherwise, any interest in the purchased all of Company A’s assets, weld pipe fittings (pipe fittings) are business of the exporter, manufacturer, or including inventory, and assumed all of used to connect pipe sections in piping producer; Company A’s obligations regarding its systems where conditions require (C) The exporter, manufacturer, or lease of space from Ta Chen’s president, welded connections. The subject producer owns or controls, directly or purchase commitments, credit merchandise is used where one or more indirectly, through stock ownership or arrangements, etc. of the following conditions is a factor: control or otherwise, any interest in the business conducted by such person *** During the instant period of review Ta (1) corrosion of the piping system will Chen controlled both Company A’s and occur if material other than stainless See Section 771(13) of the Tariff Act then Company B’s disbursements steel is used; (2) contamination of the (emphasis added). through physical custody of their material in the system by the system Throughout this administrative signature stamps, whereby officials of itself must be prevented; (3) high review Ta Chen insisted that it was not TCI were authorized to execute checks temperatures are present; (4) extreme related to any U.S. customer. However, and other instruments on behalf of low temperatures are present; (5) high in a supplemental questionnaire Company A and Company B. Ta Chen pressures are contained within the response submitted in a companion also shared common sales department system. case 1 (relevant portions of which have personnel and office equipment with Pipe fittings come in a variety of been incorporated into the record of this Company A and Company B. shapes, with the following five shapes review), Ta Chen for the first time Furthermore, Ta Chen’s sales manager the most basic: ‘‘elbows,’’ ‘‘tees,’’ disclosed considerable new information also served as sales manager for both ‘‘reducers,’’ ‘‘stub ends,’’ and ‘‘caps.’’ concerning the instant review period Company A and Company B. Ta Chen The edges of finished pipe fittings are which indicates that Ta Chen was also had full and unrestricted access, via beveled. Threaded, grooved, and bolted related to two U.S. customers within the a dedicated telephone connection, to fittings are excluded from this meaning of section 771(13) of the Tariff Company A’s and Company B’s antidumping duty order. The pipe computer accounting systems, including fittings subject to this order are 1 This document is Ta Chen’s November 12, 1996 their accounts receivable, accounts supplemental questionnaire response submitted in classifiable under subheading the 1994—1995 administrative review of welded payable, payroll, and other company 7307.23.00 of the Harmonized Tariff stainless steel pipe from Taiwan, case number A– books. Ta Chen indicated that it was the Schedule of the United States (HTS). 583–815. sole supplier of stainless steel pipe and Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26775 pipe fittings to Company A and form required, we use as BIA the higher entries. Individual differences between Company B and, further, that its of (a) the highest rate (including the ‘‘all U.S. price and FMV may vary from the president participated directly in others’’ rate) ever applicable to the firm percentage stated above. The negotiating the terms of certain sales for the same class or kind of Department will issue appraisement Company A and Company B made to merchandise from either the LTFV instructions directly to the Customs subsequent purchasers of pipe fittings in investigation or a prior administrative Service. the United States. Finally, first review, or (b) the highest rate calculated Company A and, later, Company B, in this review for any firm for the class Furthermore, the following deposit pledged their accounts receivable and or kind of merchandise in the same requirements will be effective upon inventory as security for a sizable line country of origin. See Antifriction completion of the final results of this of credit obtained from a local bank by Bearings (Other Than Tapered Roller administrative review for all shipments TCI. These companies also pledged their Bearings) and Parts Thereof From of welded stainless steel pipe fittings full cooperation in enforcing this lien in France, et al.; Final Results of from Taiwan entered, or withdrawn the event Ta Chen defaulted on its debt. Antidumping Duty Administrative from warehouse, for consumption on or In addition, we note that for the Reviews 57 FR 28360, 28379 (June 24, after the publication of the final results instant period of review, record 1992); see also Allied Signal v. United of this administrative review, as evidence strongly indicates that Ta States, 996 F.2d 1195 (Fed. Cir. 1993). provided in section 751(a)(1) of the Chen and Company B were related We find that because Ta Chen failed Tariff Act: parties as defined by section 771(13)(B) to provide accurate information on its (1) The cash deposit rate for Ta Chen of the Tariff Act. At least for some relationships to other companies and portion of 1992 until the end of misreported its sales in this will be the rate established in the final September 1993 (i.e., during the first administrative review, Ta Chen failed to results of this administrative review; POR), Ta Chen’s board member cooperate with the Department and has (2) For previously reviewed or simultaneously owned Company B and significantly impeded these investigated companies other than Ta held equity interest in Ta Chen. proceedings. Accordingly, we are Chen, the cash deposit rate will Petitioners in the stainless steel pipe assigning Ta Chen a margin based on continue to be the company-specific rate case have supplied a Dun & Bradstreet ‘‘first-tier,’’ or uncooperative, BIA. published for the most recent period; report on Company B and a supporting Preliminary Results of Review (3) If the exporter is not a firm affidavit which indicates that while covered in this review, or the LTFV Company B was incorporated in 1993, As a result of our review, we the board member actually founded the preliminarily determine the weighted- investigation, but the manufacturer is, company and made sales in 1992. average margin for Ta Chen for the the cash deposit rate will be the rate Based on this evidence of Ta Chen’s period December 23, 1992 through May established for the most recent period connections with Company A and 31, 1994 to be 76.20 percent, i.e., the for the manufacturer of the Company B, in particular its control highest margin found for any merchandise; and over operational functions such as respondent in the LTFV investigation. (4) If neither the exporter nor the disbursements, sales personnel, and Ta See Amended Final Determination and manufacturer is a firm covered in this or Chen’s involvement in Company A’s Antidumping Duty Order; Certain any other review conducted by the and Company B’s sales activities, we Welded Stainless Steel Butt-Weld Pipe Department, the cash deposit rate will Fittings From Taiwan, 58 FR 33250 preliminarily determine that Ta Chen be 51.01 percent. See Amended Final (June 16, 1993). had a substantial interest in Company A Determination and Antidumping Duty and Company B during the 1992–1994 Parties to these proceedings may Order; Certain Welded Stainless Steel POR. Therefore, Ta Chen was related to request disclosure within five days of Butt-Weld Pipe Fittings From Taiwan, Company A and Company B within the publication of this notice and may meaning of section 771(13) of the Tariff request a hearing within ten days of 58 FR 33250 (June 16, 1993). Act. Because Ta Chen reported U.S. publication. Any hearing, if requested, This notice serves as a preliminary sales to Company A and Company B will be held 44 days after the date of reminder to importers of their instead of the first sale to an unrelated publication, or the first business day responsibility to file a certificate party, the use of best information thereafter. Interested parties may submit regarding the reimbursement of otherwise available is warranted. case briefs or written comments, or antidumping duties prior to liquidation In selecting BIA, the Department has both, no later than 30 days after the date of the relevant entries during each established a ‘‘two-tier’’ hierarchy: of publication. Rebuttal briefs and review period. Failure to comply with 1. When a company refuses to rebuttals to written comments, limited this requirement could result in the cooperate with the Department or to issues raised in the case briefs and Secretary’s presumption that otherwise significantly impedes the comments, may be submitted no later reimbursement of antidumping duties proceedings we use as BIA the higher of than 37 days after the date of occurred and the subsequent assessment (a) the highest of the rates found for any publication of this notice. Parties who of double antidumping duties. firm for the same class or kind of submit arguments in these proceedings merchandise in the same country of are requested to submit with the This administrative review and this origin in the LTFV investigation or a argument (1) a statement of the issues notice are in accordance with section prior administrative review, or (b) the and (2) a brief summary of the 751(a)(1) of the Tariff Act (19 U.S.C. highest rate found in this review for any argument. The Department will issue 1675(a)(1)) and 19 CFR 353.22. firm for the same class or kind of final results of these administrative Dated: May 8, 1997. merchandise in the same country of reviews, including the results of our Robert S. LaRussa, origin. analysis of the issues in any such 2. When a company substantially written comments or at a hearing. Acting Assistant Secretary for Import cooperated with our requests for The Department shall determine, and Administration. information, but failed to provide the the U.S. Customs Service shall assess, [FR Doc. 97–12799 Filed 5–14–97; 8:45 am] information in a timely manner or in the antidumping duties on all appropriate BILLING CODE 3510±DS±P 26776 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
DEPARTMENT OF COMMERCE 1996, through February 28, 1997. the antidumping duty order on certain Petitioner included Manho Rope welded stainless steel pipe from Taiwan International Trade Administration Manufacturing Co., Ltd. (Manho), and (A–583–815). These reviews cover one [A±580±811] Chun Kee Steel Wire Rope Co., Ltd. manufacturer/exporter of the subject (Chun Kee), in its request. On March 31, merchandise to the United States during Steel Wire Rope From the Republic of 1997, Manho and Chun Kee also the periods June 22, 1992 through Korea; Notice of Termination in Part of requested administrative reviews. On November 30, 1993 and December 1, Antidumping Duty Administrative April 24, 1997, the Department 1993 through November 30, 1994. Review published in the Federal Register (62 We preliminarily determine that Ta FR 19988) the notice of initiation of this Chen made sales of welded stainless AGENCY: Import Administration, administrative review. steel pipe (WSSP) below the foreign International Trade Administration, On April 9, 1997, the Department market value (FMV) for both periods of Department of Commerce. revoked the antidumping duty order on review (POR). If these preliminary ACTION: Notice of termination in part of steel wire rope from the Republic of results are adopted in our final results antidumping duty administrative Korea in part with respect to Manho and of administrative review, we will review. Chun Kee, effective for entries of subject instruct the U.S. Customs Service to merchandise entered or withdrawn from assess antidumping duties equal to the SUMMARY: On April 24, 1997, the warehouse on or after March 1, 1996 difference between United States price Department of Commerce (the (see Steel Wire Rope from the Republic (USP) and the FMV. Department) published in the Federal of Korea; Final Results of Antidumping We invite interested parties to Register the notice of initiation of the Duty Administrative Review and comment on these preliminary results. administrative review of the Revocation in Part of Antidumping Duty Parties who submit comments are antidumping duty order on steel wire Order (62 FR 17171)). Therefore, we are requested to submit with the argument rope from the Republic of Korea. As a terminating this review with respect to (1) a statement of the issues and (2) a result of revocation of the order in part Manho and Chun Kee, which covers brief summary of the argument. with respect to Manho Rope shipments of subject merchandise from EFFECTIVE DATE: May 15, 1997. Manufacturing Co., Ltd. and Chun Kee the Republic of Korea during the period FOR FURTHER INFORMATION CONTACT: Steel Wire Rope Co., Ltd., the March 1, 1996, through February 28, Robert James at (202) 482–5222 or John Department is now terminating the 1997. The Department will order the Kugelman at (202) 483–0649, review in part with respect to Manho suspension of liquidation ended for all Antidumping and Countervailing Duty Rope Manufacturing Co., Ltd., and Chun such entries and will instruct the Enforcement Group III, Import Kee Steel Wire Rope Co., Ltd., covering Customs Service to release any cash Administration, International Trade the period March 1, 1996, through deposits or bonds. The Department will Administration, U.S. Department of February 28, 1997. further instruct Customs to refund with Commerce, 14th Street and Constitution EFFECTIVE DATE: May 15, 1997. interest any cash deposits on entries Avenue, NW., Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: made on or after March 1, 1996. APPLICABLE STATUTE AND REGULATIONS: Matthew Rosenbaum or Thomas O. This administrative notice is in Unless otherwise indicated, all citations Barlow, Import Administration, accordance with section 751(a)(1) of the to the Tariff Act of 1930, as amended International Trade Administration, Act (19 U.S.C. 1675(a)(1)) and 19 CFR (the Tariff Act) and to the Department’s U.S. Department of Commerce, 14th 353.22. regulations are in reference to the Street and Constitution Avenue, N.W., Dated: May 7, 1997. provisions as they existed on December Washington D.C. 20230; telephone (202) Susan Kuhbach, 31, 1994. 482–4733. Acting Deputy Assistant Secretary for Import SUPPLEMENTARY INFORMATION: Administration. SUPPLEMENTAL INFORMATION: [FR Doc. 97–12801 Filed 5–14–97; 8:45 am] Background Applicable Statute BILLING CODE 3510±DS±P On December 30, 1992, the Unless otherwise indicated, all Department published in the Federal citations to the statute are references to Register the antidumping duty order on the provisions effective January 1, 1995, DEPARTMENT OF COMMERCE WSSP from Taiwan (57 FR 62300). On November 26, 1993, the Department the effective date of the amendments International Trade Administration made to the Tariff Act of 1930 (the Act) published the notice of ‘‘Opportunity to by the Uruguay Round Agreements Act [A±583±815] Request Administrative Review’’ for the (URAA). In addition, unless otherwise period June 22, 1992 through November indicated, all citations to the Certain Welded Stainless Steel Pipe 30, 1993 (58 FR 62326). In accordance Department’s regulations are to the From Taiwan; Preliminary Results of with 19 CFR 353.22(a)(1), Ta Chen current regulations, as amended by the Antidumping Duty Administrative requested that we conduct a review of interim regulations published in the Reviews its sales for this period. On January 18, Federal Register on May 11, 1995 (60 AGENCY: Import Administration, 1994, we published in the Federal FR 25130). International Trade Administration, Register a notice of initiation of an antidumping duty administrative review Background Department of Commerce. ACTION: Notice of preliminary results of covering the period June 22, 1992 On March 31, 1997, the Committee of administrative reviews. through November 30, 1993. The Domestic Steel Wire Rope and Specialty Department subsequently published a Cable Manufacturers, petitioner in this SUMMARY: In response to requests by notice of ‘‘Opportunity to Request proceeding, requested an administrative respondent Ta Chen Stainless Pipe Co., Administrative Review’’ for the period review of the antidumping duty order Ltd. (Ta Chen), the Department of December 1, 1993 through November on steel wire rope from the Republic of Commerce (the Department) is 30, 1994 on December 6, 1994 (59 FR Korea for the review period March 1, conducting administrative reviews of 62710). Again, Ta Chen requested a Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26777 review of its sales for this period. On sales data necessary to calculate margins established in 1988 by the president of January 13, 1995, we published in the in these two reviews. Although the a Taiwanese firm), signed an agreement Federal Register our notice of initiation bases for this determination are whereby Company A would purchase of the second administrative review (60 discussed below, much of the relevant all of TCI’s considerable U.S. inventory FR 3192). The Department is now information is proprietary in nature and and would effectively replace TCI as the conducting these administrative reviews cannot be discussed in this public principal distributor of Ta Chen pipe in accordance with section 751 of the notice. A more detailed analysis is products in the United States. In a Tariff Act. found in the Department’s proprietary separate June 1992 agreement between Ta Chen and Company A, Company A Scope of the Review Analysis Memorandum, on file in Room B–099 of the Main Commerce Building. also committed itself to purchasing very The merchandise subject to this The Department’s definition of related substantial, and rapidly increasing, administrative review is certain welded parties is found at section 771(13) of the dollar values of Ta Chen products over austenitic stainless steel pipe (WSSP) Tariff Act. Section 771(13) states, inter the following two years. In September that meets the standards and alia, that: 1993, a member of Ta Chen’s board of specifications set forth by the American directors sold all of his stock in Ta Society for Testing and Materials for purposes of determining United States price, the term ‘‘exporter’’ includes the Chen, allegedly severed all ties with Ta (ASTM) for the welded form of person by whom or for whose account the Chen, and incorporated a new entity, chromium-nickel pipe designated merchandise is imported into the United Company B. This new Company B ASTM A–312. The merchandise covered States if— purchased all of Company A’s assets, by the scope of the order also includes * * * * * including inventory, and assumed all of austenitic welded stainless steel pipes (B) Such person owns or controls, directly Company A’s obligations regarding its made according to the standards of or indirectly, through stock ownership or lease of space from Ta Chen’s president, other nations which are comparable to control or otherwise, any interest in the purchase commitments, credit ASTM A–312. business of the exporter, manufacturer, or arrangements, etc. WSSP is produced by forming producer; During the first (1992–1993) and stainless steel flat-rolled products into (C) The exporter, manufacturer, or second (1993–1994) periods of review tubular configuration and welding along producer owns or controls, directly or Ta Chen controlled both Company A’s the seam. WSSP is a commodity product indirectly, through stock ownership or and then Company B’s disbursements generally used as a conduit to transmit control or otherwise, any interest in the business conducted by such person * ** through physical custody of their liquids or gases. Major applications of signature stamps, whereby officials of WSSP include, but are not limited to, See Section 771(13) of the Tariff Act TCI were authorized to execute checks digester lines, blow lines, (emphasis added). and other instruments on behalf of pharmaceutical lines, petrochemical Throughout the first and second Company A and Company B. Ta Chen stock lines, brewery process and administrative reviews Ta Chen insisted also shared common sales department transport lines, general food processing that it was not related to any U.S. personnel and office equipment with lines, automotive paint lines, and paper customer. However, in a supplemental Company A and Company B. process machines. questionnaire response submitted in the Furthermore, Ta Chen’s sales manager Imports of WSSP are currently third (1994–1995) administrative review also served as sales manager for both classifiable under the following (relevant portions of which have been Company A and Company B. Ta Chen Harmonized Tariff Schedule of the incorporated into the records of these also had full and unrestricted access, via United States (HTS) subheadings: reviews), Ta Chen for the first time a dedicated telephone connection, to 7306.40.1000, 7306.40.5005, disclosed information which clearly Company A’s and Company B’s 7306.40.5015, 7306.40.5145, indicates that Ta Chen was related to computer accounting systems, including 7306.40.5060, and 7306.40.5075. two U.S. customers, within the meaning their accounts receivable, accounts Although these subheadings include of section 771(13) of the Tariff Act, payable, payroll, and other company both pipes and tubes, the scope of this during the first and second review books. Ta Chen indicated that it was the investigation is limited to welded periods. Section 771(13)(C) holds that sole supplier of stainless steel pipe and austenitic stainless steel pipes. The HTS the term ‘‘exporter’’ includes the person pipe fittings to Company A and subheadings are provided for by whom or for whose account the Company B and, further, that its convenience and Customs purposes; the merchandise is imported into the president participated directly in written description of the scope of this United States if the exporter ‘‘controls, negotiating the terms of certain sales order remains dispositive. directly or indirectly, through stock Company A and Company B made to ownership or control or otherwise, any subsequent purchasers of WSSP in the Use of Best Information Available interest in the business conducted by United States. Finally, first Company A We preliminarily determine that the such person.’’ The record evidence and, later, Company B, pledged their use of best information otherwise leads us to conclude that Ta Chen accounts receivable and inventory as available (BIA), in accordance with exercised de facto operational control security for a sizable line of credit section 776(c) of the Tariff Act, is over these U.S. customers. obtained from a local bank by TCI. appropriate for Ta Chen for the period Our discussion below focuses on two These companies also pledged their full June 22, 1992 through November 30, parties, referred to here as Company A cooperation in enforcing this lien in the 1993 and the period December 1, 1993 and Company B, which Ta Chen event Ta Chen defaulted on its debt. through November 30, 1994. We find reported as unrelated customers. Prior In addition, we note that for the first that in each review Ta Chen to June, 1992 Ta Chen had sold pipe period of review, record evidence mischaracterized and failed to fully from the U.S. inventory of its wholly- strongly indicates that Ta Chen and disclose its relationships with certain owned subsidiary, Ta Chen Company B were related parties as U.S. customers and, as a result, did not International (TCI). In June 1992, after defined by section 771(13)(B) of the report its first U.S. sale to an unrelated Ta Chen decided to stop selling its Tariff Act. At least for some portion of party. Therefore, Ta Chen failed to products from TCI’s inventory, TCI and 1992 until the end of September 1993 provide the Department with the U.S. Company A (a U.S. company (i.e., during the first POR), Ta Chen’s 26778 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices board member simultaneously owned Chen failed to cooperate with the (2) For previously reviewed or Company B and held equity interest in Department and has significantly investigated companies other than Ta Ta Chen. Petitioners have supplied a impeded these proceedings. Chen, the cash deposit rate will Dun & Bradstreet report on Company B Accordingly, we are assigning Ta Chen continue to be the company-specific rate and a supporting affidavit which a margin based on ‘‘first-tier,’’ or published for the most recent period; indicates that while Company B was uncooperative, BIA. (3) If the exporter is not a firm incorporated in 1993, the board member covered in these reviews, or the LTFV actually founded the company and Preliminary Results of Review investigation, but the manufacturer is, made sales in 1992. As a result of our review, we the cash deposit rate will be the rate Based on this evidence of Ta Chen’s preliminarily determine the weighted- established for the most recent period connections with Company A and average margin for Ta Chen for the for the manufacturer of the Company B, in particular its control periods June 22, 1992 through merchandise; and over operational functions such as November 30, 1993 and December 1, (4) If neither the exporter nor the disbursements, sales personnel, and Ta 1993 through November 30, 1993 to be manufacturer is a firm covered in these Chen’s involvement in Company A’s 31.90 percent, i.e., the highest margin or any other review conducted by the and Company B’s sales activities, we found for any respondent in the LTFV Department, the cash deposit rate will preliminarily determine that Ta Chen investigation. See Amended Final be 19.84 percent. See Amended Final had a substantial interest in Company A Determination and Antidumping Duty Determination and Antidumping Duty and Company B during the 1992–1993 Order; Certain Welded Stainless Steel Order; Certain Welded Stainless Steel and 1993–1994 periods of review. Pipe From Taiwan, 57 FR 62300, 62301 Pipe From Taiwan, 57 FR 62300 Therefore, Ta Chen was related to (December 30, 1992). (December 30, 1992). Company A and Company B within the Parties to these proceedings may This notice serves as a preliminary meaning of section 771(13) of the Tariff request disclosure within five days of reminder to importers of their Act. Because Ta Chen reported U.S. publication of this notice and may responsibility to file a certificate sales to Company A and Company B request a hearing within ten days of regarding the reimbursement of instead of the first sale to an unrelated publication. Any hearing, if requested, antidumping duties prior to liquidation party, the use of best information will be held 44 days after the date of of the relevant entries during each otherwise available is warranted. publication, or the first business day review period. Failure to comply with In selecting BIA, the Department has thereafter. Interested parties may submit this requirement could result in the established a ‘‘two-tier’’ hierarchy: case briefs or written comments, or Secretary’s presumption that 1. When a company refuses to both, no later than 30 days after the date reimbursement of antidumping duties cooperate with the Department or of publication. Rebuttal briefs and occurred and the subsequent assessment otherwise significantly impedes the of double antidumping duties. These proceedings we use as BIA the higher of rebuttals to written comments, limited to issues raised in the case briefs and administrative reviews and this notice (a) the highest of the rates found for any are in accordance with section 751(a)(1) firm for the same class or kind of comments, may be submitted no later than 37 days after the date of of the Tariff Act (19 U.S.C. 1675(a)(1)) merchandise in the same country of and 19 CFR 353.22. origin in the LTFV investigation or a publication of this notice. Parties who prior administrative review, or (b) the submit arguments in these proceedings Dated: May 8, 1997. highest rate found in this review for any are requested to submit with the Robert S. LaRussa, firm for the same class or kind of argument (1) a statement of the issues Acting Assistant Secretary for Import merchandise in the same country of and (2) a brief summary of the Administration. origin. argument. The Department will issue [FR Doc. 97–12800 Filed 5–14–97; 8:45 am] 2. When a company substantially final results of these administrative BILLING CODE 3510±DS±P cooperated with our requests for reviews, including the results of our information, but failed to provide the analysis of the issues in any such information in a timely manner or in the written comments or at a hearing. DEPARTMENT OF COMMERCE form required, we use as BIA the higher The Department shall determine, and of (a) the highest rate (including the ‘‘all the U.S. Customs Service shall assess, National Institute of Standards and others’’ rate) ever applicable to the firm antidumping duties on all appropriate Technology for the same class or kind of entries. Individual differences between Computer System Security and Privacy merchandise from either the LTFV U.S. price and FMV may vary from the Advisory Board; Meeting investigation or a prior administrative percentage stated above. The review, or (b) the highest rate calculated Department will issue appraisement AGENCY: National Institute of Standards in this review for any firm for the class instructions directly to the Customs and Technology, Commerce. Service. or kind of merchandise in the same ACTION: Notice of meeting. country of origin. See Antifriction Furthermore, the following deposit Bearings (Other Than Tapered Roller requirements will be effective upon SUMMARY: Pursuant to the Federal Bearings) and Parts Thereof From completion of the final results of these Advisory Committee Act, 5 U.S.C. App., France, et al.; Final Results of administrative reviews for all shipments notice is hereby given that the Computer Antidumping Duty Administrative of WSSP from Taiwan entered, or System Security and Privacy Advisory Reviews 57 FR 28360, 28379 (June 24, withdrawn from warehouse, for Board will meet Wednesday, June 4, 1992); see also Allied Signal v. United consumption on or after the publication Thursday, June 5, and Friday, June 6, States, 996 F.2d 1195 (Fed. Cir. 1993). of the final results of these 1997, from 9:00 a.m. to 5:00 p.m. The We find that because Ta Chen failed administrative reviews, as provided in Advisory Board was established by the to provide accurate information on its section 751(a)(1) of the Tariff Act: Computer Security Act of 1987 (Pub. L. relationships to other companies and (1) The cash deposit rate for Ta Chen 100–235) to advise the Secretary of misreported its sales in both the first will be the rate established in the final Commerce and the Director of NIST on and second administrative reviews, Ta results of these administrative reviews; security and privacy issues pertaining to Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26779
Federal computer systems. All sessions National Institute of Standards and commercial fishing) within a specified will be open to the public. Technology, Building 820, Room 426, geographical region if certain findings DATES: The meeting will be held on June Gaithersburg, MD 20899–0001, are made and regulations are issued. 4, 5 and 6, 1997, from 9:00 a.m. to 5:00 telephone: (301) 975–3696. Permission may be granted if NMFS p.m. Dated: May 8, 1997. finds that the taking will have a ADDRESSES: The meeting will take place Elaine Bunten-Mines, negligible impact on the species or at the National Institute of Standards Acting Associate Director. stock(s); will not have an unmitigable and Technology, Gaithersburg, [FR Doc. 97–12733 Filed 5–14–97; 8:45 am] adverse impact on the availability of the Maryland in the Administration BILLING CODE 3510±13±M species or stock(s) for subsistence uses; Building, in Lecture Room A on June 4 and the permissible methods of taking and 5 and Lecture Room D on June 6. and requirements pertaining to the AGENDA: DEPARTMENT OF COMMERCE monitoring and reporting of such taking —Welcome and Overview are set forth. —Issues Update National Oceanic and Atmospheric —Federal Cryptographic Standards Administration Subsection 101(a)(5)(D) of the MMPA Update established an expedited process by —Computer Security Act of 1987— [I.D. 043097B] which U.S. citizens can apply for an Overview and Perspectives authorization to incidentally take small —Discussion and Recommendation Small Takes of Marine Mammals Incidental to Specified Activities; numbers of marine mammals by Formulation harassment for a period of up to one —Computer Security Training Lockheed Launch Vehicles at year. The MMPA defines ‘‘harassment’’ Guidelines Vandenberg Air Force Base, CA —Pending Business as: AGENCY: National Marine Fisheries —Public Participation ** *any act of pursuit, torment, or Service (NMFS), National Oceanic and —Agenda Development for September annoyance which (a) has the potential to Atmospheric Administration (NOAA), Meeting injure a marine mammal or marine mammal —Wrap-Up Commerce. stock in the wild; or (b) has the potential to PUBLIC PARTICIPATION: The Board agenda ACTION: Notice of receipt of application disturb a marine mammal or marine mammal will include a period of time, not to and proposed authorization for a small stock in the wild by causing disruption of exceed thirty minutes, for oral take exemption; request for comments. behavioral patterns, including, but not comments and questions from the limited to, migration, breathing, nursing, SUMMARY: NMFS has received a request public. Each speaker will be limited to breeding, feeding, or sheltering. five minutes. Members of the public from the U.S. Air Force for continuation who are interested in speaking are asked of an authorization to take small New subsection 101(a)(5)(D) to contact the Board Secretariat at the numbers of harbor seals by harassment establishes a 45-day time limit for telephone number indicated below. In incidental to launches of Lockheed NMFS review of an application addition, written statements are invited Martin launch vehicles (LMLVs) at followed by a 30-day public notice and and may be submitted to the Board at Space Launch Complex 6 (SLC–6), comment period on any proposed any time. Written statements should be Vandenberg Air Force Base, CA authorizations for the incidental directed to the Information Technology (Vandenberg). Under the Marine harassment of small numbers of marine Laboratory, Building 820, Room 426, Mammal Protection Act (MMPA), NMFS mammals. Within 45 days of the close National Institute of Standards and is requesting comments on its proposal of the comment period, NMFS must to continue to authorize the incidental Technology, Gaithersburg, MD 20899– either issue or deny issuance of the take, by harassment, of small numbers 0001. It would be appreciated if fifteen authorization. copies of written material were of harbor seals in the vicinity of submitted for distribution to the Board Vandenberg for a period of 1 year. Summary of Request by June 9, 1997. Approximately 20 seats DATES: Comments and information must be received no later than June 16, 1997. On March 21, 1997, NMFS received will be available for the public and an application from the U.S. Air Force, ADDRESSES: Comments on the media. Vandenberg, requesting continuation of At its March, 1997 meeting, the Board application should be addressed to agreed to examine issues involving the Michael Payne, Chief, Marine Mammal an authorization for the harassment of Computer Security Act of 1987 and Division, Office of Protected Resources, small numbers of harbor seals incidental whether to make recommendations to NMFS, 1315 East-West Highway, Silver to launches of LMLVs at SLC–6, the Secretary of Commerce and the Spring, MD 20910. A copy of the Vandenberg. These launches would Director of NIST regarding the Act and application and previous Federal place commercial payloads into low improving the security and privacy of Register notices on this action may be earth orbit using its family of vehicles Federal systems. The Board is interested obtained by writing to this address or by (LMLV–1, LMLV–2 and LMLV–3). in hearing a wide variety of perspectives telephoning the contact listed below. Because of the requirements for on the effectiveness of the Act, as input FOR FURTHER INFORMATION CONTACT: circumpolar trajectories of the LMLV to its deliberations on what changes or Kenneth Hollingshead, Office of and its payloads, the use of SLC–6 is the modifications to recommend. The Board Protected Resources at 301–713–2055. only feasible alternative within the believes this to be appropriate given the SUPPLEMENTARY INFORMATION: United States. As a result of the noise advances in information technology associated with the launch itself and the over the past decade and the age of the Background resultant sonic boom, these noises have Act. Public input regarding the Act is Section 101(a)(5)(A) of the MMPA (16 the potential to cause a startle response therefore particularly encouraged. U.S.C. 1361 et seq.) directs the Secretary to those harbor seals that haul out on of Commerce to allow, upon request, the the coastline south and southwest of FOR FURTHER INFORMATION CONTACT: incidental, but not intentional, taking of Vandenberg and may be detectable to Mr. Edward Roback, Board Secretariat, marine mammals by U.S. citizens who marine mammals west of the Channel Information Technology Laboratory, engage in a specified activity (other than Islands. Launch noise would be 26780 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices expected to occur over the coastal NMFS has preliminarily determined were issued under the authority of habitats in the vicinity of SLC–6 while that the proposed launches of LMLVs at section 10 of the Endangered Species low-level sonic booms could be heard SLC–6 would result in the harassment Act of 1973 (ESA) (16 U.S.C. 1531-1543) west of the Channel Islands. taking of only small numbers of harbor and the NMFS regulations governing seals, will have a negligible impact on ESA-listed fish and wildlife permits (50 Description of Habitat and Marine the harbor seal stock and will not have CFR parts 217–222). Mammals Affected by LMLVs an unmitigable adverse impact on the Notice was published on February 28, The only marine mammal anticipated availability for subsistence uses. 1997 (62 FR 9178) that an application to be incidentally harassed by LMLV had been filed by CZESD (P770#72) for launches is the harbor seal (Phoca Information Solicited a scientific research permit. Permit 1034 vitulina). A description of the Southern NMFS requests interested persons to was issued to CZESD on April 15, 1997. California Bight population of harbor submit comments, information, and Permit 1034 authorizes CZESD takes of seals was provided on May 10, 1995 (60 suggestions concerning this request (see juvenile, threatened, naturally-produced FR 24840), in conjunction with ADDRESSES). and artificially-propagated, Snake River publication of the previous notice of Dated: May 9, 1997. spring/summer chinook salmon application for this activity. Interested (Oncorhynchus tshawytscha); juvenile, Hilda Diaz-Soltero, reviewers are encouraged to refer to that threatened, Snake River fall chinook document for the appropriate Acting Director, Office of Protected Resources, salmon (Oncorhynchus tshawytscha); National Marine Fisheries Service. discussion. This document is available and juvenile, endangered, Snake River [FR Doc. 97–12693 Filed 5–14–97; 8:45 am] from NMFS (see ADDRESSES). sockeye salmon (Oncorhynchus nerka) BILLING CODE 3510±22±F associated with two juvenile fish bypass Potential Effects of LMLV Launches on studies at McNary Dam on the Columbia Marine Mammals River. Study 1 is an evaluation of The effect on harbor seals would be DEPARTMENT OF COMMERCE vertical barrier screens and outlet flow- disturbance by sound that is anticipated National Oceanic and Atmospheric control devices. Study 2 will establish to result in a negligible short-term Administration design criteria for improved wet- impact to small numbers of harbor seals separator efficiency and high-velocity that are hauled out at the time of LMLV [I.D. 050997B] flume development. Based on the launches. No impacts are anticipated to results from these bypass studies, animals that are in the water at the time Endangered Species; Permits guidance devices and bypass system of launch. Detailed descriptions of the AGENCY: National Marine Fisheries components can be redesigned, expected impact from rocket launches Service (NMFS), National Oceanic and modified, or deployed using specific on harbor seals and other marine Atmospheric Administration (NOAA), configurations to enhance juvenile fish mammals have been provided in Commerce. passage at hydroelectric powerhouses. previous notices (60 FR 24840, May 10, Permit 1034 is valid in 1997 only. ACTION: Issuance of permit 1034 1995; 60 FR 38308, July 26, 1995; 60 FR Notice was published on March 11, (P770#72), permit 1035 (P45Y), permit 43120, August 18, 1995; 60 FR 52653, 1997 (62 FR 11158) that an application 1036 (P45X), and modification 1 to October 10, 1995; and 61 FR 10727, had been filed by USGS (P45Y) for a permit 994 (P497D). March 15, 1996) and are not repeated scientific research permit. Permit 1035 here. These documents are available SUMMARY: Notice is hereby given that was issued to USGS on April 17, 1997. from NMFS (see ADDRESSES). NMFS has issued a permit to the Coastal Permit 1035 authorizes USGS annual takes of juvenile, threatened, artificially- Conclusions Zone and Estuarine Studies Division, Northwest Fisheries Science Center, propagated, Snake River spring/summer Based upon information provided by NMFS at Seattle, WA (CZESD); two chinook salmon (Oncorhynchus the applicant, and previous reviews of permits to the Columbia River Research tshawytscha) associated with two the incidental take of harbor seals by Laboratory, U.S. Geological Survey at studies designed to monitor juvenile this activity, NMFS believes that the Cook, WA (USGS); and a modification fish health and passage efficiency at Ice short-term impact of the launching of to a permit to the Idaho Cooperative Harbor Dam on the Snake River. For Study 1, ESA-listed juvenile fish will be LMLVs is expected to result at worst, in Fish and Wildlife Research Unit at tagged with radio transmitters and a temporary reduction in utilization of Moscow, ID (ICFWRU) that authorize tracked electronically to measure the the haulout as seals leave the beach for takes of Endangered Species Act-listed vertical and horizontal distribution of the safety of the water. The launching is species for the purpose of scientific juvenile salmonids exposed to high not expected to result in any reduction research, subject to certain conditions levels of total dissolved gas in an effort in the number of harbor seals, and they set forth therein. are expected to continue to occupy the to assess the risk of mortality from gas same area. In addition, there will not be ADDRESSES: The applications and bubble disease. For Study 2, ESA-listed any impact on the habitat itself. Based related documents are available for juvenile fish will be tagged with radio upon studies conducted for previous review in the following offices, by transmitters and tracked electronically space vehicle launches at Vandenberg, appointment: to measure fish passage success at Ice significant long-term impacts on harbor Office of Protected Resources, F/PR3, Harbor Dam. CZESD is authorized to act seals at Vandenberg are unlikely. NMFS, 1315 East-West Highway, Silver as an agent of USGS under the permit Spring, MD 20910–3226 (301-713-1401); in the conduct of Study 2. Permit 1035 Proposed Authorization and expires on December 31, 1999. NMFS proposes to issue an incidental Environmental and Technical Notice was published on March 11, harassment authorization for 1 year for Services Division, 525 NE Oregon 1997 (62 FR 11158) that an application launches of LMLVs at SLC–6 provided Street, Suite 500, Portland, OR 97232– had been filed by USGS (P45X) for a the monitoring and reporting 4169 (503–230–5400). scientific research permit. Permit 1036 requirements currently in effect (see 60 SUPPLEMENTARY INFORMATION: The was issued to USGS on April 17, 1997. FR 24840, May 10, 1995) are continued. permits and modification to a permit Permit 1036 authorizes USGS annual Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26781 takes of adult and juvenile, threatened, DEPARTMENT OF COMMERCE reservoirs on the Snake and Columbia Snake River fall chinook salmon Rivers. For modification 4 to permit (Oncorhynchus tshawytscha) and National Oceanic and Atmospheric 900, CZESD is authorized to continue juvenile, threatened, Snake River Administration the take of ESA-listed species associated with Study 8, the Trestle Bay habitat spring/summer chinook salmon [I.D. 050997C] (Oncorhynchus tshawytscha) associated restoration study, through December 31, with a study designed to determine the Endangered Species; Permits 1997. post-release attributes and survival of For modification 4, CZESD is AGENCY: National Marine Fisheries authorized an additional annual take of hatchery and natural fall chinook Service (NMFS), National Oceanic and ESA-listed juvenile salmon associated salmon in the Snake River. The study Atmospheric Administration (NOAA), with a new study (Study 9) designed to consists of eight assessment tasks: (1) Commerce. determine the relative survival of Life cycle, (2) redd counts, (3) food and ACTION: juvenile salmon passing through the growth, (4) habitat use, (5) predation, (6) Issuance of modification 4 to permit 900 (P770#66), modification 3 to spillway of The Dalles Dam. Also for temperature response, (7) migratory permit 946 (P770#68), and modification modification 4, CZESD is authorized an behavior, and (8) race and residualism. 2 to permit 914 (P770#67). additional annual take of juvenile, Permit 1036 expires on December 31, threatened, artificially-propagated, 2001. SUMMARY: Notice is hereby given that Snake River spring/summer chinook Notice was published on January 17, NMFS has issued modifications to three salmon associated with a new study 1997 (62 FR 2657) that an application permits to the Coastal Zone and (Study 10) designed to: (1) Describe the had been filed by ICFWRU (P497D) for Estuarine Studies Division, Northwest vulnerability of juvenile salmonids to modification 1 to scientific research Fisheries Science Center, NMFS at predation by northern squawfish and permit 994. Modification 1 to permit Seattle, WA (CZESD) that authorize gulls below The Dalles Dam, (2) provide an estimate of juvenile salmonid 994 was issued to ICFWRU on April 2, takes of Endangered Species Act-listed migratory success below The Dalles 1997. Permit 994 authorizes ICFWRU species for the purpose of scientific Dam, and (3) compliment and enhance annual takes of adult, threatened, Snake research, subject to certain conditions set forth therein. information obtained from Study 9. For River spring/summer and fall chinook ADDRESSES: The applications and Study 10, ESA-listed juvenile fish will salmon (Oncorhynchus tshawytscha) be surgically implanted with radio associated with a study designed to related documents are available for review in the following offices, by transmitters, released at The Dalles assess the passage success of migrating Dam, and tracked electronically. Also adult salmonids at the four dams and appointment: Office of Protected Resources, F/PR3, for Study 10, ESA-listed juvenile fish reservoirs in the lower Columbia River NMFS, 1315 East-West Highway, Silver will be sacrificed to measure in the Pacific Northwest, to evaluate fish Spring, MD 20910–3226 (301-713-1401); physiological attributes related to stress responses to specific flow and spill and and smoltification readiness. Oregon conditions, and to evaluate measures to Environmental and Technical State University and the U.S. Geological improve fish passage. For modification Services Division, 525 NE Oregon Survey are authorized to act as agents of 1, adult sockeye salmon will be Street, Suite 500, Portland, OR 97232– CZESD under permit 900 in the conduct of Study 10. The authorization for the included in the study, a percentage of 4169 (503–230–5400). which will be adult, endangered, Snake takes of ESA-listed species associated SUPPLEMENTARY INFORMATION: The River sockeye salmon (Oncorhynchus with Studies 9 and 10 expires on modification to permits were issued December 31, 1999. nerka). Modification 1 is valid for the under the authority of section 10 of the duration of the permit. Permit 994 On April 23, 1997, NMFS issued Endangered Species Act of 1973 (ESA) modification 3 to CZESD’s scientific expires on December 31, 2000. (16 U.S.C. 1531-1543) and the NMFS research permit 946 (P770#68). Permit Issuance of the permits and the regulations governing ESA-listed fish 946 authorizes CZESD annual direct and modification to a permit, as required by and wildlife permits (50 CFR parts 217– incidental takes of adult and juvenile, the ESA, was based on a finding that 222). threatened, naturally-produced and such actions: (1) Were requested/ Notice was published on February 28, artificially-propagated, Snake River proposed in good faith, (2) will not 1997 (62 FR 9178) and March 7, 1997 spring/summer chinook salmon operate to the disadvantage of the ESA- (62 FR 10544) that an application had (Oncorhynchus tshawytscha); juvenile, listed species that are the subject of the been filed by CZESD for modification 4 threatened, Snake River fall chinook permits, and (3) are consistent with the to scientific research permit 900 salmon (Oncorhynchus tshawytscha); purposes and policies set forth in (P770#66). Modification 4 to permit 900 and juvenile, endangered, Snake River section 2 of the ESA and the NMFS was issued to CZESD on April 18, 1997. sockeye salmon (Oncorhynchus nerka) regulations governing ESA-listed Permit 900 authorizes CZESD annual associated with two studies. Study 1 is direct and incidental takes of juvenile, species permits. designed to compare the survival to threatened, naturally-produced and adulthood of spring/summer chinook Dated: May 9, 1997. artificially-propagated, Snake River salmon smolts transported by barge to Nancy Chu, spring/summer chinook salmon below Bonneville Dam on the Columbia Chief, Endangered Species Division, Office (Oncorhynchus tshawytscha); juvenile, River with the survival to adulthood of of Protected Resources, National Marine threatened, Snake River fall chinook smolts migrating volitionally under Fisheries Service. salmon (Oncorhynchus tshawytscha); prevailing river conditions. Study 2 is [FR Doc. 97–12803 Filed 5–14–97; 8:45 am] and juvenile, endangered, Snake River designed to assess the migration timing BILLING CODE 3510±22±F sockeye salmon (Oncorhynchus nerka) and relative survival of transported and associated with a study (Study 1) inriver juvenile chinook salmon designed to determine survival migrating volitionally from Bonneville estimates for the passage of juvenile Dam to the mouth of the Columbia salmonids through the dams and River. For modification 3 to permit 946, 26782 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices the take of ESA-listed adult fish DEPARTMENT OF COMMERCE A description of the textile and associated with Study 1 is authorized apparel categories in terms of HTS annually for the duration of the permit. Technology Administration numbers is available in the The take of ESA-listed juvenile fish CORRELATION: Textile and Apparel Competitive Technology Stimulation associated with Study 1 continues to be Categories with the Harmonized Tariff Experimental Program; Meeting authorized for the three specific years Schedule of the United States (see approved by the Director of the Office AGENCY: Technology Administration, Federal Register notice 61 FR 66263, of Protected Resources, NMFS in Silver Department of Commerce. published on December 17, 1996). Also see 60 FR 2740, published on January Spring, MD for such take. Permit 946 ACTION: Postponement of public meeting expires on December 31, 1999. on the proposed experimental program 11, 1995. The letter to the Commissioner of to stimulate competitive technology Notice was published on February 28, Customs and the actions taken pursuant (EPSCot). 1997 (62 FR 9178) that an application to it are not designed to implement all had been filed by CZESD for SUMMARY: The open meeting that was of the provisions of the Uruguay Round modification 2 to scientific research announced at 62FR 24422, May 5, 1997 Agreements Act and the Uruguay Round permit 914 (P770#67). Modification 2 to to occur on Mary 29, 1997 to solicit Agreement on Textiles and Clothing, but permit 914 was issued to CZESD on input on the proposed until further are designed to assist only in the April 25, 1997. Permit 914 authorizes notice. implementation of certain of their CZESD annual takes of juvenile, DATES: The meeting will be postponed provisions. threatened, Snake River spring/summer until further notice. Troy H. Cribb, and fall chinook salmon (Oncorhynchus ADDRESSES: The meeting was originally Chairman, Committee for the Implementation tshawytscha) associated with the of Textile Agreements. scheduled to be held at the National conduct of a dissolved gas Research Center for Coal and Energy at Committee for the Implementation of Textile supersaturation study in Priest Rapids the West Virginia University in Agreements Reservoir and the Hanford reach of the Morgantown, West Virginia. May 9, 1997. Columbia River, Ice Harbor Reservoir Commissioner of Customs, Dated: May 9, 1997. and tailrace on the Snake River, and Department of the Treasury, Washington, DC downstream from Bonneville Dam. For Gary Bachula, 20229. modification 2 to permit 914, CZESD is Deputy Under Secretary for Technology. Dear Commissioner: This directive authorized an increase in the take of [FR Doc. 97–12759 Filed 5–14–97; 8:45 am] amends, but does not cancel, the directive juvenile, threatened, Snake River BILLING CODE 3510±18±M issued to you on January 6, 1995, as spring/summer chinook salmon amended, by the Chairman, Committee for the Implementation of Textile Agreements. associated with the dissolved gas That directive directs you to prohibit entry of supersaturation research. Also for COMMITTEE FOR THE certain cotton and man-made fiber textile modification 2, CZESD is authorized an IMPLEMENTATION OF TEXTILE products, produced or manufactured in El additional annual take of juvenile, AGREEMENTS Salvador which were not properly visaed by threatened, Snake River spring/summer the Government of El Salvador. chinook salmon associated with a new Amendment of Visa Requirements for Effective on May 15, 1997, you are directed Certain Cotton and Man-Made Fiber to no longer require a visa for shipments of study designed to determine whether goods in Categories 351/651 which are the signs of gas bubble disease change Textile Products Produced or Manufactured in El Salvador produced or manufactured in El Salvador as a result of changing hydrostatic regardless of the date of export. pressures experienced by juvenile May 9, 1997. The Committee for the Implementation of Textile Agreements has determined that this salmonids during their passage through AGENCY: Committee for the the turbine intakes and gatewells at John action falls within the foreign affairs Implementation of Textile Agreements exception of the rulemaking provisions of 5 Day Dam on the Columbia River. (CITA). U.S.C. 553(a)(1). Modification 2 is valid for the duration ACTION: Issuing a directive to the Sincerely, of the permit. Permit 914 expires on Commissioner of Customs amending Troy H. Cribb, December 31, 1998. visa requirements. Chairman, Committee for the Implementation Issuance of the modifications to of Textile Agreements. EFFECTIVE DATE: May 15, 1997. permits, as required by the ESA, was [FR Doc. 97–12758 Filed 5–14–97; 8:45 am] FOR FURTHER INFORMATION CONTACT based on a finding that such actions: (1) : BILLING CODE 3510±DR±F Were requested/proposed in good faith, Naomi Freeman, International Trade (2) will not operate to the disadvantage Specialist, Office of Textiles and of the ESA-listed species that are the Apparel, U.S. Department of Commerce, DEPARTMENT OF DEFENSE subject of the permits, and (3) are (202) 482–4212. consistent with the purposes and SUPPLEMENTARY INFORMATION: Department of Defense policies set forth in section 2 of the ESA Authority: Executive Order 11651 of March Notice of Availability of Record of 3, 1972, as amended; section 204 of the and the NMFS regulations governing Decision on Alaska Military Operations ESA-listed species permits. Agricultural Act of 1956, as amended (7 U.S.C. 1854); Uruguay Round Agreements Areas Final Environmental Impact Dated: May 9, 1997. Act. Statement Nancy Chu, Effective on May 15, 1997, for goods On March 5, 1997, the United States Chief, Endangered Species Division, Office produced or manufactured in El Air Force signed the Record of Decision of Protected Resources, National Marine Salvador, a visa will no longer be (ROD) for the proposed improvements Fisheries Service. required for textile products in to Alaska Military Operations Areas [FR Doc. 97–12804 Filed 5–14–97; 8:45 am] Categories 351/651, regardless of the (MOAs). The decisions rendered by the BILLING CODE 3510±22±F date of export. U.S. Air Force are as follows: (1) Create Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26783 permanent MOAs in the geographic For further information, contact the Mr. George Allen, Deputy Commander, areas previously used for Temporary HQ USAF Scientific Advisory Board Defense Personnel Support Center Military Operations Areas (TMOAs); (2) Secretariat at (703) 697–8404. A.C. Ressler, Modify some existing permanent MOAs; Carolyn A. Lunsford, Deputy Director, Corporate Administration, (3) Create some new permanent MOAs; Air Force Federal Register Liaison Officer. Defense Logistics Agency. (4) Conduct supersonic aircraft [FR Doc. 97–12710 Filed 5–14–97; 8:45 am] [FR Doc. 97–12728 Filed 5–14–97; 8:45 am] operations in certain MOAs; (5) Conduct BILLING CODE 3910±01±U BILLING CODE 3620±01±M routine flying training, joint/combined flying training, and Major Flying Exercises (MFEs) in certain MOAs; and DEPARTMENT OF DEFENSE DEPARTMENT OF DEFENSE (6) Authorize use of chaff and flares for Defense Logistics Agency Department of the Army routine and MFE training in selected permanent MOAs in accordance with Membership of the Defense Logistics Corps of Engineers 11th Air Force directives for safe Agency (DLA) Performance Review Draft Integrated Interim Report and employment. The ROD is based on Board (PRB) findings contained in a Final Environmental Impact Statement Environmental Impact Statement (FEIS) AGENCY: Defense Logistics Agency, (DEIS) for the Restoration of made available September 8, 1995, Department of Defense. Assateague Island, as Part of the Ocean City, Maryland, and Vicinity through notification in the Federal ACTION: Notice of membership of the Water Resources Study. Register. DLA PRB. AGENCY: U.S. Army Corps of Engineers, The Office of the Secretary of the Air SUMMARY: This notice announces the Force recognizes the many unique and appointment of the members of the DOD. sensitive resources prominent with PRBs of the Defense Logistics Agency. ACTION: Notice of availability. Alaska. These resources have been The publication of PRB composition is effectively identified by the public, required by 5 U.S.C. 4314(c)(4). SUMMARY: The Baltimore District Corps special interest organizations, and The PRB provides fair and impartial of Engineers, Maryland Department of federal, state, and local officials review of Senior Executive Service Natural Resources, the National Park throughout the study process. The Air performance appraisals and makes Service (Assateague Island National Force acknowledges that flying recommendation to the Director, Seashore), Worcester County, and the operations over these areas must be Defense Logistics Agency, with respect Town of Ocean City, sponsors of the strictly managed and accomplished with to pay level adjustments and project, propose the implementation of great sensitivity. performance awards. a short-term plan to restore the sediment-starved barrier island of EFFECTIVE DATE: Any questions regarding this matter July 1, 1997. Assateague. This sediment starvation should be directed to: Mr. Jim Hostman, FOR FURTHER INFORMATION CONTACT: has been directly caused by the 611 CES/CEV, 6900 9th Street, Suite Ms. Donna Arellano, Workforce construction of the jetties at the inlet 360, Elmendorf Air Force Base, AK Effectiveness and Development Group, located north of Assateague Island at 99506–2270, (907) 552–4151. Human Resources, Defense Logistics Ocean City, Maryland. The short-term Carolyn A. Lunsford, Agency, Department of Defense, Ft plan involves placing approximately 1.4 Air Force Federal Register Liaison Officer. Belvoir, Virginia, (703) 767–6427. million cubic meters (1.8 million cubic [FR Doc. 97–12711 Filed 5–14–97; 8:45 am] SUPPLEMENTARY INFORMATION: In yards) of sand on Assateague Island. BILLING CODE 3910±01±P accordance with 5 U.S.C. 4314(c)(4), the The borrow area to be used for the following are the names and titles of project is Great Gull Bank, an offshore Defense Logistics Agency personnel shoal, and possibly a small portion of DEPARTMENT OF DEFENSE appointed to serve as members of the the ebb shoal at the mouth of the inlet. PRBs. Members will serve a 1-year The area of Assateague Island to be Department of the Air Force renewable term, effective upon renourished in between 2.5 km (1.6 publication of this notice. miles) and 11.3 km (7 miles) south of HQ USAF Scientific Advisory Board the inlet. A low berm will be 1st Level PRB Meeting constructed to an elevation of 3.3 m Ms. Christine Gallo, Executive Director, (10.8 feet) NGVD (averaging 0.8 m in The 1997 Summer Study Panel Strategic Programming and height) in the portion of the beach Meeting on Integration and Cost Contingency Operations, Corporate between 2.5 km and 10 km (1.6 miles Assessment of the HQ USAF Scientific Administration and 6.2 miles) south of the inlet. The Advisory Board will meet at Scott Air Ms. Roberta Eaton, Special Assistant for placement will be configured such that Force Base, IL on June 18–19, 1997, Integrity in Contracting, General the impacts to Piping Plovers, a from 8:00 a.m. to 5:00 p.m. Counsel threatened species, is minimal, and the integrity of the island is restored. A plan The purpose of the meeting is to Mr. Frank Lotts, Deputy Commander, Defense Supply Center, Richmond for a long-term project is being gather information and receive briefings Virginia developed to manage the sand flow in for the 1997 Summer Study topic on Air and around the inlet. One of the 2nd Level PRB Expeditionary Forces. project’s purposes will be to supply to The meeting will be closed to the Mr. Alton Ressler, Deputy Director, Assateague Island an amount of sand public in accordance with Section 552b Corporate Administration that would naturally be transported, of Title 5, United States Code, Ms. Jill Pettibone, Executive Director, should the jetties and inlet not exist. specifically subparagraphs (1) and (4) Contract Management Policy, This plan will be documented in a thereof. Acquisition second report and EIS. 26784 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
FOR FURTHER INFORMATION CONTACT: For proposed project will be incorporated Marine Corps University, will meet 4– a copy of the Integrated Interim Report into the Final Environmental Impact 5 June 1997 in Room 227, Marine Corps and DEIS, or for additional information, Statement as required by NEPA. Public Research Center, Marine Corps Combat please contact Ms. Stacey Underwood at comments will also be used to Development Command, 2040 (410) 962–4977 or Ms. Carol Anderson- determine the overall public interest. Broadway, Quantico, Virginia. The Austra at (410) 962–2910, or write to the The public review and comment meeting will commence at 8:00 a. m. on U.S. Army Corps of Engineers, period for the draft feasibility study and 4 June and terminate at approximately Baltimore District (Attn: Ms. Stacey DEIS will be for 45 days, from May 16, 12:00 p.m. on 5 June. Underwood, CENAB–PL–P) P.O. Box 1997, to June 30, 1997. The purpose of the meeting is to elicit 1715, Baltimore, MD 21203–1715, or This Notice of Availability is being the advice of the Board on regional send an e-mail message to: sent to organizations and individuals accreditation and educational and [email protected]. known to have an interest in the research policies and programs. The proposed restoration. Please bring this SUPPLEMENTARY INFORMATION: The agenda will consist of presentations and decision to implement this action is notice to the attention of any other discussions on preparations for a visit being based on an evaluation of the individuals with an interest in this by a team from the Southern probable impact of the proposed matter. Copies of the Draft Report and Association of Colleges and Schools, the activities on the public interest. The EIS are available for review at the curriculum, and plans of the University. decision will reflect the national following locations: The meeting is open to the public. concern for both protection and Eastern Shore Area Library, 122 So. FOR FURTHER INFORMATION CONTACT: Dr. utilization of important resources. The Division St., Salisbury, MD Worcester V. Keith Fleming, Jr., Education benefits that reasonably may be County Library, Snow Hill Branch, Advisor, Office of the President, Marine expected to accrue from the proposed 207 No. Washington St., Snow Hill, Corps University, MCCDC (C 40), 2076 project are being balanced against its MD South Street, Quantico, Virginia 22134– reasonably foreseeable detriments. All Eastern Shore Public Library, 23610 5067, telephone number (703) 784– factors that may be relevant to the Front St., Accomac, VA Worcester 4037. County Library, Ocean City Branch, proposal, including the cumulative Dated: May 7, 1997. 14th St. and Coastal Highway, Ocean effects thereof, are being considered; D. E. Koenig, Jr., among these factors are economics, City, MD Enoch Pratt Free Library, 400 Cathedral LCDR, JAGC, USN, Federal Register Liaison aesthetics, general environmental St., Baltimore, MD Assateague Island Officer. concerns, wetlands, cultural values, National Seashore, Route 611, 7206 [FR Doc. 97–12767 Filed 5–14–97; 8:45 am] flood hazards, fish and wildlife values, National Seashore Lane, Berlin, MD. BILLING CODE 3810±FF±P flood plain values, land use, recreation, water supply and conservation, water Scoping: A public scoping meeting will be held to give individuals and quality, energy needs, safety, food and DEPARTMENT OF EDUCATION fiber production, and the general needs groups the opportunity to comment, and welfare of the people. orally and/or in writing, on the environmental, social, and economic Notice of Proposed Information The DEIS describes the impacts of the Collection Requests proposed project on environmental and impacts of the proposed action cultural resources in the study area. The (recommended plan) as presented in the AGENCY: Department of Education. DEIS also applies guidelines issued by DEIS. The DEIS findings will be ACTION: Proposed collection; comment the Environmental Protection Agency, reviewed at the public meeting, and request. under authority of the Clean Water Act comments regarding the proposed SUMMARY: The Director, Information of 1977 (P.L. 95–217). An evaluation of project will be incorporated into the Resources Management Group, invites the proposed actions on the waters of Final Environmental Impact Statement comments on the proposed information the United States was performed as required by NEPA. collection requests as required by the pursuant to the guidelines of the The public meeting will be held on Paperwork Reduction Act of 1995. Administrator, U.S. Environmental Wednesday, June 4, 1997, at 6:30 p.m. Protection Agency, under authority of at the Ocean City Elementary School. DATES: Interested persons are invited to Section 404 of the Clean Water Act. The Written comments received by June 30, submit comments on or before July 14, proposed dredging, construction, and 1997 will be incorporated into the Final 1997. placement of dredged material is in EIS. ADDRESSES: Written comments and compliance with Section 404(b)(1) Dr. James F. Johnson, requests for copies of the proposed guidelines. Chief, Planning Division. information collection requests should In accordance with the National [FR Doc. 97–12723 Filed 5–14–97; 8:45 am] be addressed to Patrick J. Sherrill, Environmental Policy Act and the Clean BILLING CODE 3710±41±M Department of Education, 600 Water Act, the Corps of Engineers is Independence Avenue, S.W., Room soliciting comments from the public and 5624, Regional Office Building 3, from Federal, state, and local agencies DEPARTMENT OF DEFENSE Washington, DC 20202–4651. FOR FURTHER INFORMATION CONTACT: and officials, as well as other interested Department of the Navy parties. Any comments received will be Patrick J. Sherrill (202) 708–8196. considered by the Corps of Engineers in Notice of Marine Corps University Individuals who use a the decision to implement the project. Board of Visitors; Open Meeting telecommunications device for the deaf To make this decision, comments are (TDD) may call the Federal Information considered to assess impacts on Relay Service (FIRS) at 1–800–877–8339 endangered species, historic properties, SUMMARY: Pursuant to the provisions of between 8 a.m. and 8 p.m., Eastern time, water quality, general environmental the Federal Advisory Committee Act (5 Monday through Friday. effects, and other public interest factors U.S.C., App. 2), notice is given that the SUPPLEMENTARY INFORMATION: Section listed above. Comments regarding the Board of Visitors to the President, 3506 of the Paperwork Reduction Act of Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26785
1995 (44 U.S.C. Chapter 35) requires applicant to the institution of their Dated: May 9, 1997. that the Office of Management and choice. Eve M. Bither, Budget (OMB) provide interested [FR Doc. 97–12705 Filed 5–14–97; 8:45 am] Executive Director. Federal agencies and the public an early BILLING CODE 4000±01±P [FR Doc. 97–12721 Filed 5–14–97; 8:45 am] opportunity to comment on information BILLING CODE 4000±01±M collection requests. OMB may amend or waive the requirement for public DEPARTMENT OF EDUCATION consultation to the extent that public participation in the approval process National Educational Research Policy DEPARTMENT OF ENERGY would defeat the purpose of the and Priorities Board; Meeting information collection, violate State or Federal Energy Regulatory Federal law, or substantially interfere AGENCY: National Educational Research Commission with any agency’s ability to perform its Policy and Priorities Board; Education. statutory obligations. The Director, ACTION: Notice of meeting. [Docket No. CP97±503±000] Information Resources Management SUMMARY: This notice sets forth the Group publishes this notice containing Koch Gateway Pipeline Company; schedule and proposed agenda of a proposed information collection Notice of Request Under Blanket forthcoming meeting of the National requests prior to submission of these Authorization Educational Research Policy and requests to OMB. Each proposed Priorities Board. This notice also information collection, grouped by May 9, 1997. describes the functions of the Board. office, contains the following: (1) Type Take notice that on May 2, 1997, Koch Notice of this meeting is required under of review requested, e.g., new, revision, Gateway Pipeline Company (Koch Section 10(a)(2) of the Federal Advisory extension, existing or reinstatement; (2) Gateway), P.O. Box 1478, Houston, Committee Act. This document is Title; (3) Summary of the collection; (4) Texas 77251–1478. filed in Docket No. intended to notify the public of their Description of the need for, and CP97–503–000 a request pursuant to opportunity to attend. proposed use of, the information; (5) Sections 157.205 and 157.216 of the Respondents and frequency of DATE: June 6, 1997. Commission’s Regulations under the collection; and (6) Reporting and/or TIME: 8:30 a.m. to 4 p.m. National Gas Act (18 CFR 157.205, Recordkeeping burden. OMB invites LOCATION: Omni Chapel Hill Hotel, 1 157.216) for authorization to abandon public comment at the address specified Europa Drive, Chapel Hill, NC 27514; an inactive meter station, under Koch above. Copies of the requests are meeting room will be posted. Gateway’s blanket certificate issued in available from Patrick J. Sherrill at the FOR FURTHER INFORMATION CONTACT: Docket No. CP82–430–000 pursuant to address specified above. Thelma Leenhouts, Designated Federal Section 7 of the Natural Gas Act, all as The Department of Education is Official, National Educational Research more fully set forth in the request that especially interested in public comment Policy and Priorities Board, 80 F St., is on file with the Commission and open addressing the following issues: (1) Is N.W., Washington, D.C. 20208–7564. to public inspection. this collection necessary to the proper Telephone: (202) 219–2065; fax: (202) Koch Gateway proposes to abandon functions of the Department, (2) will 219–1528; e-mail: by removal a 2-inch meter station, tap, this information be processed and used [email protected]. valves and all above-ground in a timely manner, (3) is the estimate SUPPLEMENTARY INFORMATION: The appurtenances located in Polk County, of burden accurate, (4) how might the National Educational Research Policy Texas. This meter station is located on Department enhance the quality, utility, and Priorities Board is authorized by Koch Gateway’s transmission pipeline and clarity of the information to be Section 921 of the Educational designated as Index 59. The estate of collected, and (5) how might the Research, Development, Dissemination, Carleton D. Speed, Jr. (Speed) had Department minimize the burden of this and Improvement Act of 1994. The formerly been served by this meter collection on the respondents, including Board works collaboratively with the station, but the station has been inactive through the use of information Assistant Secretary for the Office of since 1986 and Speed concurs with the technology. Educational Research and Improvement proposed abandonment. These facilities Dated: May 9, 1997. to forge a national consensus with are located entirely within Koch Gateway’s existing right-of-way. Gloria Parker, respect to a long-term agenda for Director, Information Resources Management educational research, development, and Any person or the Commission’s staff Group. dissemination, and to provide advice may, within 45 days after issuance of and assistance to the Assistant Secretary the instant notice by the Commission, Office of Postsecondary Education in administering the duties of the Office. file pursuant to Rule 214 of the Title: Student Aid Report (SAR). The agenda for June 6 will cover Commission’s Procedural Rules (18 CFR 385.214) a motion to intervene or notice Frequency: Annually. reports of the Board committees; adoption of a work plan and mission of intervention and pursuant to Section Affected Public: Individuals or statement, and policies concerning 157.205 of the Regulations under the households. travel and procedures for evaluating the Natural Gas Act (18 CFR 157.205) a Annual Reporting and Recordkeeping executive director. A final agenda will protest to the request. If no protest is Hour Burden: be available from the Board’s office on filed within the time allowed therefor, Responses: 9,395,776. May 23. the proposed activity shall be deemed to Burden Hours: 3,806,796. Records are kept of all Board be authorized effective the day after the Abstract: The Student Aid Report proceedings and are available for public time allowed for filing a protest. If a (SAR) is used to notify all applicants of inspection at the office of the National protest is filed and not withdrawn their eligibility to receive Federal Educational Research Policy and within 30 days after the time allowed student aid for postsecondary Priorities Board, 555 New Jersey Ave., for filing a protest, the instant request education. The form is submitted by the N.W., Washington, D.C. 20208–7564. shall be treated as an application for 26786 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices authorization pursuant to Section 7 of operation of a 34 MW, wood-fired, the Pennsylvania Public Utility the Natural Gas Act. qualifying small power production Commission. Linwood A. Watson, Jr., facility located in Cadillac, Michigan. Comment date: May 22, 1997, in Acting Secretary. Comment date: June 6, 1997, in accordance with Standard Paragraph E [FR Doc. 97–12701 Filed 5–14–97; 8:45 am] accordance with Standard Paragraph E at the end of this notice. at the end of this notice. BILLING CODE 6717±01±M 7. Illinois Power Company 3. Northeast Utilities Service Company [Docket No. ER97–2674–000] DEPARTMENT OF ENERGY [Docket No. ER97–1987–000] Take notice that on April 24, 1997, Take notice that on April 15, 1997, Illinois Power Company (Illinois Federal Energy Regulatory Northeast Utilities Service Company Power), 500 South 27th Street, Decatur, Commission tendered for filing an amendment in the Illinois 62526, tendered for filing a above-referenced docket. Power Sales Tariff, a Revised Service [Docket No. EL97±35±000, et al.] Comment date: May 21, 1997, in Agreement under which Delhi Energy accordance with Standard Paragraph E Niagara Mohawk Power Corporation, et Services, Inc. will take service under at the end of this notice. al.; Electric Rate and Corporate Illinois Power Company’s Power Sales Regulation Filings 4. Western Resources, Inc. Tariff. The agreements are based on the Form of Service Agreement in Illinois May 8, 1997. [Docket No. ER97–2424–000] Power’s tariff. Take notice that the following filings Take notice that on April 29, 1997, Illinois Power has requested an have been made with the Commission: Western Resources, Inc. tendered for effective date of June 30, 1997. filing an amendment in the above- Comment date: May 22, 1997, in 1. Niagara Mohawk Power Corporation referenced docket. accordance with Standard Paragraph E [Docket No. EL97–35–000] Comment date: May 21, 1997, in at the end of this notice. accordance with Standard Paragraph E Take notice that on May 2, 1997, at the end of this notice. 8. Ohio Edison Company and Niagara Mohawk Power Corporation Pennsylvania Power Company (Niagara Mohawk) tendered for filing a 5. Pennsylvania Power & Light [Docket No. ER97–2675–000] Petition for a Declaratory Order to Company Take notice that on April 24, 1997, revoke the qualifying status of a [Docket No. ER97–2671–000] cogeneration facility operated by Ohio Edison Company tendered for Take notice that on April 24, 1997, Stevens & Thompson Paper Company, filing on behalf of itself and Pennsylvania Power & Light Company Inc. (S&T). Niagara Mohawk states that Pennsylvania Power Company, a (PP&L), filed a Service Agreement, dated S&T does not satisfy the ownership Service Agreement with PanEnergy April 14, 1997, with Federal Energy criteria for qualifying facilities because Trading and Market Services, L.L.C. Services, Inc. (Federal) for the sale of it has utilized its transmission lines and under Ohio Edison’s Power Sales Tariff. capacity and/or energy under PP&L’s interconnection facilities to wheel This filing is made pursuant to Section Short Term Capacity and/or Energy electricity for use by American Tissue 205 of the Federal Power Act. Sales Tariff. The Service Agreement Mills of Greenwich LLC. Niagara Comment date: May 22, 1997, in adds Federal as an eligible customer Mohawk requests that the Commission accordance with Standard Paragraph E under the Tariff. at the end of this notice. issue an order revoking the qualifying PP&L requests an effective date of status of the S&T facility as of the time April 25, 1996, for the Service 9. Ohio Edison Company and it engaged in this practice. Agreement. Pennsylvania Power Company A copy of the Petition for a PP&L states that copies of this filing [Docket No. ER97–2676–000] Declaratory Order has been served on have been supplied to Federal and to S&T and the New York Public Service Take notice that on April 24, 1997, the Pennsylvania Public Utility Ohio Edison Company tendered for Commission. Commission. Comment date: May 30, 1997, in filing on behalf of itself and Comment date: May 22, 1997, in Pennsylvania Power Company, a accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice. Service Agreement for Non-Firm Point- at the end of this notice. to-Point Transmission Service with the 2. Beaver Michigan Associates Limited 6. Pennsylvania Power & Light companies listed below and Ohio Partnership, Beaver Cadillac G.P., Inc., Company Edison Company pursuant to Ohio Alternative Energy, Inc., CLP Energy Edison’s Open Access Tariff. [Docket No. ER97–2673–000] Holdings, L.P., City of Cadillac, American Electric Power Service Michigan, HaVan Limited Partnership, Take notice that on April 24, 1997, Corporation Kysor Industrial Corporation, Pennsylvania Power & Light Company Atlantic City Electric Company Townsend & Bottum, Inc., Beaver G.P. (PP&L), filed a Service Agreement, dated CNG Power Services Corporation Acquisition, L.L.C., Cadillac Renewable July 1, 1996, with PacifiCorp Power Consumers Power Company and Detroit Energy LLC, Decker Energy-Cadillac, Marketing, Inc. (PacifiCorp) for the sale Edison Company Inc., NRG Cadillac, Inc., and NRG of capacity and/or energy under PP&L’s Coral Power, L.L.C. Generating (U.S.) Inc. Short Term Capacity and/or Energy Delmarva Power & Light Company Sales Tariff. The Service Agreement Electric Clearinghouse, Inc. [Docket No. EC97–32–000] adds PacifiCorp as an eligible customer LG&E Power Marketing, Inc. Take notice that on May 1, 1997, the under the Tariff. Minnesota Power & Light Company above-captioned parties (Applicants) PP&L requests an effective date of Wisconsin Electric Company filed an application under Section 203 December 26, 1996, for the Service These Service Agreements will enable of the Federal Power Act for various Agreement. the parties to obtain Non-Firm Point-to- changes in control and dispositions of PP&L states that copies of this filing Point Transmission Service in jurisdictional facilities involving the have been supplied to PacifiCorp and to accordance with the terms of the Tariff. Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26787
Comment date: May 22, 1997, in mutually agreed to with purchasing 16. Peco Energy Company accordance with Standard Paragraph E parties. [Docket No. ER97–2685–000] at the end of this notice. Comment date: May 22, 1997, in Take notice that on April 25, 1997, 10. Deseret Generation & Transmission accordance with Standard Paragraph E PECO Energy Company (PECO) filed a Cooperative at the end of this notice. Service Agreement dated April 18, 1997 [Docket No. ER97–2677–000] 13. Central Vermont Public Service with Williams Energy Services Corporation Company (WES) under PECO’s FERC Take notice that on April 24, 1997, Electric Tariff Original Volume No. 1 Deseret Generation & Transmission [Docket No. ER97–2680–000] (Tariff). The Service Agreement adds Cooperative (Deseret), tendered for Take notice that on April 24, 1997, WES as a customer under the Tariff. filing a Notice of Cancellation of Central Vermont Public Service PECO requests an effective date of Deseret’s FERC Rate Schedule No. 12 Corporation (Central Vermont), tendered April 18, 1997, for the Service between Deseret and Salt River Project for filing a Service Agreement with Agreement. Agricultural Improvement and Power Niagara Mohawk under its FERC PECO states that copies of this filing District. Electric Tariff No. 5. The tariff provides have been supplied to WES and to the Deseret requests that this cancellation for the sale by Central Vermont of power Pennsylvania Public Utility become effective October 16, 1996. and energy at or below Central Commission. Comment date: May 22, 1997, in Vermont’s fully allocated costs. Comment date: May 22, 1997, in accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice. Central Vermont requests waiver of the Commission’s regulations to permit at the end of this notice. 11. PacifiCorp the service agreement to become 17. Northern States Power Company [Docket No. ER97–2678–000] effective on April 15, 1997. Minnesota Company Take notice that on April 23, 1997, Comment date: May 22, 1997, in [Docket No. ER97–2686–000] accordance with Standard Paragraph E PacifiCorp, tendered for filing in Take notice that on April 25, 1997, at the end of this notice. accordance with 18 CFR Part 35 of the Northern States Power Company Commission’s Rules and Regulations, 14. Northern States Power Company (Minnesota)(NSP), tendered for filing a Non-Firm Transmission Service (Minnesota Company) Firm Point-to-Point Transmission Agreements with Equitable Power [Docket No. ER97–2683–000] Service Agreement between NSP and Services Co., Nevada Power Company, Sonat Power Marketing L.P. Powerex and TransCanada Power, a Take notice that on April 25, 1997, NSP requests that the Commission division of TransCanada Energy Ltd. Northern States Power Company accept the agreements effective April 1, under PacifiCorp’s FERC Electric Tariff, (Minnesota) (NSP), tendered for filing a 1997, and requests waiver of the Original Volume No. 11. Non-Firm Point-to-Point Transmission Commission’s notice requirements in Copies of this filing were supplied to Service Agreement between NSP and order for the agreements to be accepted the Washington Utilities and CMS Marketing, Services, and Trading for filing on the date requested. Transportation Commission and the Company. Comment date: May 22, 1997, in Public Utility Commission of Oregon. NSP requests that the Commission accordance with Standard Paragraph E A copy of this filing may be obtained accept the agreement effective March at the end of this notice. from PacifiCorp’s Regulatory 27, 1997, and requests waiver of the 18. Allegheny Power Service Administration Department’s Bulletin Commission’s notice requirements in Corporation, on behalf of Monongahela Board System through a personal order for the agreement to be accepted Power Company, The Potomac Edison computer by calling (503) 464–6122 for filing on the date requested. (9600 baud, 8 bits, no parity, 1 stop bit). Company, and West Penn Power Comment date: May 22, 1997, in Company (Allegheny Power) Comment date: May 22, 1997, in accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice. [Docket No. ER97–2689–000] at the end of this notice. Take notice that on April 25, 1997, 15. Peco Energy Company 12. TerraWatt, Inc. Allegheny Power Service Corporation [Docket No. ER97–2684–000] on behalf of Monongahela Power [Docket No. ER97–2679–000] Take notice that on April 25, 1997, Company, The Potomac Edison Take notice that on April 24, 1997, PECO Energy Company (PECO), filed a Company and West Penn Power TerraWatt, Inc. (TerraWatt) petitioned Service Agreement dated April 18, 1997 Company (Allegheny Power), filed the Commission for: (1) Blanket with Southern Indiana Gas and Electric Supplement No. 15 to add Louisville authorization to sell electricity at Company (SIG&E) under PECO’s FERC Gas and Electric Company, New York market-based rates; (2) acceptance of Electric Tariff Original Volume No. 1 State Electric & Gas Corporation, and TerraWatt’s Rate Schedule FERC No. 1; (Tariff). The Service Agreement adds USGen Power Services, L.P. to (3) waiver of certain Commission SIG&E as a customer under the Tariff. Allegheny Power Open Access Regulations; and (4) such other waivers Transmission Service Tariff which has and authorizations as have been granted PECO requests an effective date of been submitted for filing by the Federal to other power marketers, all as more April 18, 1997, for the Service Energy Regulatory Commission in fully set forth in TerraWatt’s petition on Agreement. Docket No. OA96–18–000. The file with the Commission. PECO states that copies of this filing proposed effective date under the TerraWatt states the it intends to have been supplied to SIG&E and to the Service Agreements is April 24, 1997. engage in electric power transactions as Pennsylvania Public Utility Copies of the filing have been a broker and as a marketer. In Commission. provided to the Public Utilities transactions where TerraWatt acts as a Comment date: May 22, 1997, in Commission of Ohio, the Pennsylvania marketer, it proposes to make such sales accordance with Standard Paragraph E Public Utility Commission, the on rates, terms, and conditions to be at the end of this notice. Maryland Public Service Commission. 26788 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
Comment date: May 22, 1997, in Edison seeks waiver of the 60 day the comment date. Protests will be accordance with Standard Paragraph E prior notice requirement and requests considered by the Commission in at the end of this notice. that the Commission assign an effective determining the appropriate action to be date of April 29, 1997. taken, but will not serve to make 19. PG&E Energy Services, Energy Copies of this filing were served upon protestants parties to the proceeding. Trading Corporation the Public Utilities Commission of the Any person wishing to become a party [Docket No. ER97–2690–000] State of California and all interested must file a motion to intervene. Copies Take notice that on April 25, 1997, parties. of this filing are on file with the PG&E Energy Services, Energy Trading Comment date: May 22, 1997, in Commission and are available for public Corporation (PG&E Energy Services), accordance with Standard Paragraph E inspection. tendered for filing a Notice of Name at the end of this notice. Linwood A. Watson, Jr., Change of Vantus Power Services to 23. Louisville Gas and Electric Acting Secretary. PG&E Energy Services, Energy Trading Company [FR Doc. 97–12702 Filed 5–14–97; 8:45 am] Corporation. BILLING CODE 6717±01±P Vantus Power Services has on file [Docket No. ER97–2708–000] with this Commission its Rate Schedule Take notice that on April 28, 1997 FERC No. 1, which this Commission Louisville Gas and Electric Company accepted in part for filing by its Order (LG&E) tendered for filing of its ENVRIONMENTAL PROTECTION dated October 20, 1995, 73 FERC obligation to file the rates and AGENCY agreements for wholesale transactions ¶ 61,099 (1995). PG&E Energy Services, [FRL±5825±5] Energy Trading Corporation hereby made pursuant to its market-based adopts, ratifies and makes its own in Generation Sales Service (GSS) Tariff. Comment date: May 22, 1997, in Public Meetings of the Urban Wet every respect such Rate Schedule. Weather Flows Advisory Committee, Comment date: May 22, 1997, in accordance with Standard Paragraph E at the end of this notice. the Storm Water Phase II Advisory accordance with Standard Paragraph E Subcommittee, and the Sanitary Sewer at the end of this notice. 24. Montaup Electric Company Overflow Advisory Subcommittee [Docket No. ER97–2800–000] 20. Interstate Power Company AGENCY: Environmental Protection [Docket No. ER97–2705–000] Take notice that on May 1, 1997, Agency. Montaup Electric Company (Montaup) Take notice that on April 28, 1997, ACTION: Notice. filed amendments to its service Interstate Power Company (IPW) agreements with its Rhode Island tendered for filing a Transmission SUMMARY: Notice is given that the affiliates, Blackstone Valley Electric Service Agreement between IPW and Environmental Protection Agency (EPA) Company and Newport Electric Equitable Power Services Company has cancelled the Storm Water Phase II Corporation, under Montaup’s FERC (EPS). Under the Transmission Service Advisory Subcommittee meeting Electric Tariff, First Revised Volume No. Agreement, IPW will provide non-firm scheduled for June 12–13, 1997 at the 1. Among other things, these point-to-point transmission service to Doubletree Hotel Park Terrace, amendments provide for early EPS. Washington, DC. This meeting was termination of the service agreements Comment date: May 22, 1997, in listed in the Federal Register of currently in effect in order to implement accordance with Standard Paragraph E February 10, 1997. Rhode Island’s program for retail at the end of this notice. FOR FURTHER INFORMATION: Contact competition which will commence as of Sharie Centilla, Office of Wastewater 21. Niagara Mohawk Power July 1, 1997, and create a mechanism for Management, at (202) 260–6052 or Corporation the recovery of stranded costs that will Internet: [Docket No. ER97–2706–000] result therefrom. Montaup has proposed [email protected] an effective date of July 1, 1997, for Take notice that on April 28, 1997, these amended service agreements. Dated: May 8, 1997. Niagara Mohawk Power Corporation Copies of the filing were served upon Michael B. Cook, (Niagara ) tendered for filing a Notice of all parties taking service under Director, Office of Wastewater Management, Cancellation of the Berkshire Montaup’s tariff, the regulatory Designated Federal Official. Transaction Agreement and the commissions in Rhode Island and [FR Doc. 97–12654 Filed 5–14–97; 8:45 am] Facilitating Agreement between Niagara Massachusetts, and the attorneys BILLING CODE 6560±50±P and Hartford Power Sales, L.L.C. general of Rhode Island and Comment date: May 22, 1997, in Massachusetts. accordance with Standard Paragraph E Comment date: May 22, 1997, in ENVIRONMENTAL PROTECTION at the end of this notice. accordance with Standard Paragraph E AGENCY at the end of this notice. 22. Southern California Edison [FRL±5826±1] Company Standard Paragraph [Docket No. ER97–2707–000] E. Any person desiring to be heard or Proposed Settlement Under Section Take notice that on April 28, 1997, to protest said filing should file a 122(h)(1) of the Comprehensive Southern California Edison Company motion to intervene or protest with the Environmental Response, (Edison) tendered for filing information Federal Energy Regulatory Commission, Compensation and Liability Act; in the regarding a billing adjustment made 888 First Street, N.E., Washington, D.C. Matter of Sturgis Municipal Well Field pursuant to the formula rate contained 20426, in accordance with Rules 211 Superfund Site in the Environmental Energy Storage and 214 of the Commission’s Rules of AGENCY: Environmental Protection Agreement (Agreement) between Edison Practice and Procedure (18 CFR 385.211 Agency (EPA). and the Bonneville Power and 18 CFR 385.214). All such motions ACTION: Request for public comment. Administration (BPA). or protests should be filed on or before Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26789
SUMMARY: Notice of Settlement: in from the date of publication of this FEDERAL MARITIME COMMISSION accordance with section 122(I)(1) of the notice. Comprehensive Environmental Ocean Freight Forwarder License Authority: The Comprehensive Revocations Response, Compensation and Liability Environmental Response, Compensation, and Act of 1980, as amended (‘‘CERCLA’’), Liability Act of 1980, as amended, 42 U.S.C. The Federal Maritime Commission notice is hereby given of a settlement Sections 9601 et seq. hereby gives notice that the following concerning past response costs at the William E. Muno, freight forwarder licenses have been Sturgis Municipal Well Field Superfund revoked pursuant to section 19 of the Site in Sturgis, Michigan. This proposed Director, Superfund Division. Shipping Act of 1984 (46 U.S.C. app. agreement has been forwarded to the [FR Doc. 97–12788 Filed 5–14–97; 8:45 am] 1718) and the regulations of the Attorney General for the required prior BILLING CODE 6560±50±M Commission pertaining to the licensing written approval for this Settlement, as of ocean freight forwarders, effective on set forth under section 122(g)(4) of the corresponding revocation dates CERCLA. shown below: DATES: Comments must be provided on FEDERAL DEPOSIT INSURANCE License Number: 1617 or before June 16, 1997. CORPORATION Name: Cauci Shipping Inc. ADDRESSES: Comments should be Sunshine Act Meeting Address: 3168 Sewell Mill Road, addressed to the Docket Clerk, Mail Marietta, GA 30062 Code MFA–10J, U.S. Environmental Pursuant to the provisions of the Date Revoked: April 16, 1997 Protection Agency, 77 West Jackson ‘‘Government in the Sunshine Act’’ (5 Reason: Failed to maintain a valid Boulevard, Chicago, Illinois, 60604, and U.S.C. 552b), notice is hereby given that surety bond. should refer to: In the Matter of Sturgis at 8:30 a.m. on Monday, May 12, 1997, Municipal Well Field Superfund Site, License Number: 1768 the Board of Directors of the Federal Docket No. V–W–97–C–405. Name: Land Joy International Deposit Insurance Corporation met in Forwarders Inc. FOR FURTHER INFORMATION CONTACT: closed session to consider matters Address: 3101 N.W. 74th Avenue, Karen L. Peaceman, Mail Code CS–29A, relating to the Corporation’s corporate Miami, FL 33122 U.S. Environmental Protection Agency, and supervisory activities. Date Revoked: April 7, 1997 77 West Jackson Boulevard, Chicago, Reason: Surrendered license Illinois 60604. In calling the meeting, the Board determined, on motion of Vice voluntarily. SUPPLEMENTARY INFORMATION: The Chairman Andrew C. Hove, Jr., License Number: 2046 following parties executed binding seconded by John Downey, acting in the certification of their consent to Name: Leonard A. Kanczuzewski d/b/a/ participate in the settlement: Rudolph place and stead of Director Nicholas P. Consolidation Services International and Ruth Boals. Retsinas (Director, Office of Thrift Address: 1507 South Olive Street, P.O. These parties will pay $2,500 for Supervision), concurred in by Director Box 3559, South Bend, IN 46619 response costs related to the Sturgis Joseph H. Neely (Appointive), Director Date Revoked: April 16, 1997 Municipal Well Field Superfund Site, if Eugene A. Ludwig (Comptroller of the Reason: Surrendered license the United States Environmental Currency), and Chairman Ricki Helfer, voluntarily. Protection Agency determines that it that Corporation business required its License Number: 4154 will not withdraw or withhold its consideration of the matters on less than Name: Pee Jay International Shipping consent to the proposed settlement after seven days’ notice to the public; that no Company (Worldwide Freight consideration of comments submitted earlier notice of the meeting was Forwarders) pursuant to this notice. practicable; that the public interest did Address: 777 SLR Thornton Freeway, U.S. EPA may enter into this not require consideration of the matters Suite 204, Dallas, TX 75203 settlement under the authority of in a meeting open to public observation; Date Revoked: April 25, 1997 section 122(h) of CERCLA. Section and that the matters could be Reason: Surrendered license 122(h)(1) authorizes EPA to settle any considered in a closed meeting by voluntarily. claims under Section 107 of CERCLA authority of subsections (c)(2), (c)(4), License Number: 1835 where such claim has not been referred (c)(6), (c)(8), (c)(9)(A)(ii), (c)(9)(B), and Name: Romat Shipping Corporation to the Department of Justice. Pursuant to (c)(10) of the ‘‘Government in the Address: 1536 Dieman Lane, East this authority, the agreement proposes Sunshine Act’’ (5 U.S.C. 552b (c)(2), Meadow, NY 11554 to settle with parties who are potentially (c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), (c)(9)(B), Date Revoked: April 16, 1997 responsible for costs incurred by EPA at and (c)(10)). Reason: Failed to maintain a valid the Sanitary Landfill Company (IWD) surety bond. Superfund Site. The meeting was held in the Board A copy of the proposed administrative Room of the FDIC Building located at License Number: 1584 order on consent and additional 550—17th Street, N.W., Washington, Name: Winair Freight, Inc. background information relating to the D.C. Address: 10231 N.W. 21st Street, Miami, settlement are available for review and Dated: May 12, 1997. FL 33172 Date Revoked: April 22, 1997 may be obtained in person or by mail Federal Deposit Insurance Corporation. from Karen L. Peaceman, Mail Code Reason: Failed to maintain a valid Valerie J. Best, C–29A, U.S. Environmental Protection surety bond. Agency, 77 West Jackson Boulevard, Assistant Executive Secretary. Bryant L. VanBrakle, Chicago, Illinois 60604. [FR Doc. 97–12880 Filed 5–13–97; 12:10 pm] Director, Bureau of Tariffs, Certification and The U.S. Environmental Protection BILLING CODE 6714±01±M Licensing. Agency will receive written comments [FR Doc. 97–12729 Filed 5–14–97; 8:45 am] relating to this settlement for thirty days BILLING CODE 6730±01±M 26790 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
FEDERAL RESERVE SYSTEM Board of Governors of the Federal Reserve FEDERAL TRADE COMMISSION System, May 9, 1997. Formations of, Acquisitions by, and Jennifer J. Johnson, [File No. 971±0033] Mergers of Bank Holding Companies Deputy Secretary of the Board. Cadence Design Systems, Inc.; [FR Doc. 97–12691 Filed 5–14–97; 8:45 am] The companies listed in this notice Analysis to Aid Public Comment BILLING CODE 6210±01±F have applied to the Board for approval, AGENCY: Federal Trade Commission. pursuant to the Bank Holding Company ACTION: Proposed consent agreement. Act of 1956 (12 U.S.C. 1841 et seq.) FEDERAL RESERVE SYSTEM (BHC Act), Regulation Y (12 CFR Part SUMMARY: The consent agreement in this 225), and all other applicable statutes Notice of Proposals to Engage in matter settles alleged violations of and regulations to become a bank Permissible Nonbanking Activities or federal law prohibiting unfair or holding company and/or to acquire the to Acquire Companies that are deceptive acts or practices or unfair assets or the ownership of, control of, or Engaged in Permissible Nonbanking methods of competition. The attached the power to vote shares of a bank or Activities Analysis to Aid Public Comment bank holding company and all of the describes both the allegations in the banks and nonbanking companies The companies listed in this notice draft complaint that accompanies the owned by the bank holding company, have given notice under section 4 of the consent agreement and the terms of the including the companies listed below. Bank Holding Company Act (12 U.S.C. consent order—embodied in the consent The applications listed below, as well 1843) (BHC Act) and Regulation agreement—that would settle these as other related filings required by the Y, (12 CFR Part 225) to engage de novo, allegations. Board, are available for immediate or to acquire or control voting securities DATES: Comments must be received on inspection at the Federal Reserve Bank or assets of a company that engages or before July 14, 1997. either directly or through a subsidiary or indicated. Once the application has ADDRESSES: Comments should be other company, in a nonbanking activity been accepted for processing, it will also directed to: FTC/Office of the Secretary, that is listed in § 225.28 of Regulation be available for inspection at the offices Room 159, 6th St. and Pennsylvania Y (12 CFR 225.28) or that the Board has of the Board of Governors. Interested Ave. NW., Washington, DC 20580. persons may express their views in determined by Order to be closely FOR FURTHER INFORMATION CONTACT: writing on the standards enumerated in related to banking and permissible for bank holding companies. Unless William J. Baer, Federal Trade the BHC Act (12 U.S.C. 1842(c)). If the Commission, H–374, 6th St. and proposal also involves the acquisition of otherwise noted, these activities will be conducted throughout the United States. Pennsylvania Ave. NW., Washington, a nonbanking company, the review also DC 20580, (202) 326–2932. Howard Each notice is available for inspection includes whether the acquisition of the Morse, Federal Trade Commission, at the Federal Reserve Bank indicated. nonbanking company complies with the S–3627, 6th St. and Pennsylvania Ave. Once the notice has been accepted for standards in section 4 of the BHC Act. NW., Washington, DC 20580, (202) 326– processing, it will also be available for Unless otherwise noted, nonbanking 2949. activities will be conducted throughout inspection at the offices of the Board of SUPPLEMENTARY INFORMATION: Pursuant the United States. Governors. Interested persons may express their views in writing on the to Section 6(f) of the Federal Trade Unless otherwise noted, comments Commission Act, 38 Stat. 721, 15 U.S.C. regarding each of these applications question whether the proposal complies with the standards of section 4 of the 46, and Section 2.34 of the must be received at the Reserve Bank Commission’s Rules of Practice (16 CFR indicated or the offices of the Board of BHC Act. Unless otherwise noted, comments 2.34), notice is hereby given that the Governors not later than June 9, 1997. above-captioned consent agreement A. Federal Reserve Bank of Chicago regarding the applications must be received at the Reserve Bank indicated containing a consent order to cease and (Philip Jackson, Applications Officer) desist, having been filed with and 230 South LaSalle Street, Chicago, or the offices of the Board of Governors not later than June 9, 1997. accepted, subject to final approval, by Illinois 60690-1413: the Commission, has been placed on the 1. Firstbank Corporation, Alma, A. Federal Reserve Bank of St. Louis (Randall C. Sumner, Vice President) 411 public record for a period of sixty (60) Michigan; to merge with Lakeview days. The following Analysis to Aid Financial Corporation, Lakeview, Locust Street, St. Louis, Missouri 63102- 2034: Public Comment describes the terms of Michigan, and thereby indirectly the consent agreement, and the acquire Bank of Lakeview, Lakeview, 1. Allegiant Bancorp, Inc., Clayton, Missouri; to acquire Reliance Financial, allegations in the accompanying Michigan. complaint. An electronic copy of the B. Federal Reserve Bank of San Inc., St. Louis, Missouri, and thereby indirectly acquire Reliance Federal full text of the consent agreement Francisco (Pat Marshall, Manager of package can be obtained from the Analytical Support, Consumer Savings and Loan Association of St. Louis County, St. Louis, Missouri, and Commission Actions section of the FTC Regulation Group) 101 Market Street, Home Page (for May 8, 1997), on the San Francisco, California 94105-1579: thereby engage in operating a savings and loan, pursuant to § 225.28(b)(4)(ii) World Wide Web, at ‘‘http:// 1. Bank of Idaho Holding Company, of the Board’s Regulation Y. This www.ftc.gov/os/actions/htm.’’ A paper Idaho Falls, Idaho; to become a bank activity will be conducted throughout copy can be obtained from the FTC holding company by acquiring 100 the State of Missouri. Public Reference Room, Room H–130, percent of the voting shares of Bank of Sixth Street and Pennsylvania Avenue Eastern Idaho, Idaho Falls, Idaho. Board of Governors of the Federal Reserve NW., Washington, DC 20580, either in 2. Security State Corporation, System, May 9, 1997. person or by calling (202) 326–3627. Centralia, Washington; to become a Jennifer J. Johnson, Public comment is invited. Such bank holding company by acquiring 100 Deputy Secretary of the Board. comments or views will be considered percent of the voting shares of Security [FR Doc. 97–12692 Filed 5–14–97; 8:45 am] by the Commission and will be available State Bank, Centralia, Washington. BILLING CODE 6210±01±F for inspection and copying at its Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26791 principal office in accordance with semiconductor material smaller than a designs accurately. Routing inaccuracies Section 4.9(b)(6)(ii) of the Commission’s postage stamp. Integrated circuit design create serious performance problems, Rules of Practice (16 CFR 4.9(b)(6)(ii)). consists of two distinct phases, logical and correcting these problems causes design and physical design. Integrated significant design delays. Nor is it Analysis of Proposed Consent Order to circuit layout environments, which are commercially feasible for integrated Aid Public Comment used during the physical design phase, circuit design engineers to route The Federal Trade Commission are software infrastructures within integrated circuit designs without (‘‘Commission’’) has accepted, subject to which integrated circuit designers automation (i.e., by ‘‘pointing and final approval, an Agreement access integrated circuit layout tools. clicking’’ between each individual Containing Consent Order Approximately $70 million of Cadence’s component and each other component (‘‘Agreement’’) from Cadence Design annual worldwide sales of to which it must be connected, then Systems, Inc. (‘‘Proposed Respondent’’). approximately $741 million are going back and correcting any The proposed Order is designed to attributable to sales of integrated circuit interference or other problems that arise remedy anticompetitive effects layout environments. as the routing progresses). Given the stemming from Cadence’s proposed The proposed complaint further sheer complexity and density of deep acquisition of Cooper & Chyan alleges that CCT is a company that sells submicron integrated circuit designs, as Technology (‘‘CCT’’). On October 28, integrated circuit routing tools and well as the intense time-to-market 1996, Cadence and CCT entered into an related services, which account for pressures faced by semiconductor Agreement and Plan of Merger and approximately $13 million of CCT’s companies in today’s fast-paced Reorganization whereby Cadence will annual worldwide sales of electronics industry, hand routing is not acquire 100 percent of the issued and approximately $37.6 million. An an alternative for the timely and outstanding shares of CCT voting integrated circuit routing tool, which is accurate design of integrated circuits. securities in exchange for shares of a type of integrated circuit layout tool, The proposed complaint further Cadence voting securities valued at is software used to automate the alleges that CCT is currently the only more than $400 million (the ‘‘Proposed determination of the connections firm with a commercially viable Merger’’). between electronic components within constraint-driven, shape-based The Commission has reason to believe an integrated circuit. integrated circuit routing tool, although that the Proposed Merger may According to the Commission’s at least one other firm is in the process substantially lessen competition in proposed complaint, a relevant line of of developing a constraint-driven, violation of Section 7 of the Clayton commerce within which to analyze the shape-based integrated circuit routing Act, as amended, 15 U.S.C. § 18, and competitive effects of the Proposed tool that would compete with CCT’s Section 5 of the Federal Trade Merger is the market for the research, product. The complaint further alleges Commission Act, as amended, 15 U.S.C. development, and sale of constraint- that Cadence is the dominant supplier § 45, unless an effective remedy driven, shape-based integrated circuit of integrated circuit layout eliminates likely anticompetitive effects. routing tools. As integrated circuit environments. The competitive The Agreement Containing Consent designs have become smaller, denser, significance of Avant! Corporation, Order would, if finally accepted by the and faster, the routing of the Cadence’s leading competitor in the Commission, settle charges that interconnections between components supply of integrated circuit layout Cadence’s acquisition of CCT may has become an increasingly important environments, is limited by the fact that substantially lessen competition or tend phase of the integrated circuit design Avant! has been charged criminally to create a monopoly in the research, process. Routing issues are critical at with conspiracy and theft of trade development, and sale of constraint- deep submicron scales of integrated secrets from Cadence. Several top driven, shape-based integrated circuit circuit design, which are scales of Avant! executives have been charged routing tools. design smaller than .35 micron (a criminally as well. The proposed Order has been placed micron is a millionth of an inch). The The Commission’s proposed on the public record for sixty (60) days. current state-of-the-art design scale is complaint further alleges that there are The Commission invites the submission .35 micron, but in the future, integrated high barriers to entry in the market for of comments by interested persons, and circuit designs will shrink to .25 micron constraint-driven, shape-based comments received during this period and then .18 micron design scales. At integrated circuit routing tools, which will become part of the public record. deep submicron scales of integrated are technologically complex and After sixth (60) days, the Commission circuit design, routing is complicated by difficult to develop. De novo entry takes will again review the Agreement, as ‘‘cross talk’’ and other types of electrical approximately two to three and a half well as any comments received, and interference, timing concerns, design years for a company that already will decide whether it should withdraw density, and other problems. A possesses certain underlying core from the Agreement or make final the constraint-driven, shape-based technology that can be used to develop Agreement’s proposed Order. integrated circuit routing tool is the only a constraint-driven, shape-based kind of routing tool that can correctly integrated circuit router (for example, The Proposed Complaint accommodate these unique deep shape-based routing technology for According to the Commission’s submicron integrated circuit routing printed circuit boards). Entry is likely to proposed complaint, Cadence is a issues. take even longer for a company that company that sells various electronic The proposed complaint further does not already possess such design automation products and alleges that there are no acceptable technology. services, including integrated circuit substitutes for constraint-driven, shape- According to the Commission’s layout environments. An integrated based integrated circuit routing tools. proposed complaint, integrated circuit circuit (more commonly known as a Routing tools based on other technology designers achieve the necessary microchip) is a complex electronic cannot accommodate the unique deep compatibility between integrated circuit circuit that consists of as many as five submicron integrated circuit routing layout tools by selecting tools that have million or more miniature electronic issues described above and thus cannot interfaces to a common integrated components on a piece of route deep submicron integrated circuit circuit layout environment. As a result, 26792 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices a constraint-driven, shape-based routing constraint-driven, shape-based acquisition, engaged in the development tool that lacks an interface into a integrated circuit routing tools. or sale of integrated circuit routing tools Cadence integrated circuit layout The Commission’s proposed in the United States, and also would environment is less likely to be selected complaint alleges that the Proposed prohibit Cadence from acquiring any by integrated circuit designers than a Merger may substantially lessen assets used or previously used (and still constraint-driven, shape-based routing competition or tend to create a suitable for use) in the development or tool that possesses such an interface. monopoly in the market for constraint- sale of integrated circuit routing tools in Similarly, an integrated circuit layout driven, shape-based routing tools, the United States, without prior notice environment is not likely to be selected which, among other things, may lead to to the Commission, for a period of ten by integrated circuit designers unless a high prices, reduced services, and less (10) years. Absent this prior notice full set of compatible integrated circuit innovation. requirement, Cadence might be able to design tools is available. The Proposed Order undermine the purposes of the proposed The proposed complaint further Order by acquiring a developer of alleges that it is in Cadence’s interest to The proposed Order would remedy integrated circuit routing tools without the alleged violations by eliminating a make available to users of Cadence the Commission’s knowledge, where significant impedment to entry in the integrated circuit layout environments a such acquisition would not be subject to market for integrated circuit routing complete set of integrated circuit design the reporting requirements of the Hart- tools. The proposed Order would tools, because to do so makes a Cadence Scott-Rodino Antitrust Improvements require that Cadence permit developers integrated circuit layout environment Act of 1976. of commercial integrated circuit routing more valuable to customers. Cadence and the Commission also tools to participate in the Cadence Historically, Cadence has provided have entered into an Interim Agreement Connections ProgramTM, any successor access to its integrated circuit layout whereby Cadence has agreed to be program thereto, or other licensing environments to suppliers of bound by the terms of the proposed programs, promotional programs or complementary integrated circuit layout Order, pending and until the other arrangements (collectively, Commission’s issuance of the proposed tools that Cadence does not supply. ‘‘Independent Software Interface Cadence does not, however, have Order. Programs’’) which enable independent The purpose of this analysis is to incentives to provide access to its software developers to develop and sell facilitate public comment on the integrated circuit layout environments interfaces to Cadence integrated circuit proposed Order. This analysis is not to suppliers of integrated circuit layout layout tools and Cadence integrated intended to constitute an official tools that compete with Cadence circuit layout environments. interpretation of the Agreement or the products. Cadence historically has been The proposed Order would require proposed Order or in any way to modify reluctant to provide access to its that Cadence allow independent the terms of the Agreement or the integrated circuit layout environments developers of commercial integrated proposed Order. to suppliers of competing integrated circuit routing tools to participate in circuit layout tools. Donald S. Clark, Cadence’s Independent Software Secretary. According to the Commission’s Interface Programs on terms no less proposed complaint, prior to the favorable than the terms applicable to Statement of Chairman Robert Pitofsky Proposed Merger, Cadence did not have other participants. Cadence currently and Commissioners Janet D. Steiger and a commercially viable, constraint- has over 100 partners in its Independent Christine A. Varney in the Matter of driven, shape-based integrated circuit Software Interface Programs. Cadence Design Systems, Inc./Cooper & routing tool. As a result of the Proposed The purpose of these requirements is Chyan Technology, Inc.; File No. 971– Merger, Cadence will own the only to ensure that Cadence’s acquisition of 0033 currently available commercially viable CCT’s constraint-driven, shape-based The consent agreement negotiated in constaint-driven, shape-based integrated integrated circuit routing tools does not this matter, which the Commission has circuit router. Thus, as a result of the create incentives for Cadence to prevent today accepted and placed on the public Proposed Merger, Cadence will become competing suppliers of constraint- record for comment, eases competitive less likely to permit potential suppliers driven, shape-based integrated circuit concerns raised by Cadence Design of competing constraint-driven, shape- routing tools from participating in Systems, Inc.’s (‘‘Cadence’’) acquisition based integrated circuit routing tools to Cadence’s Independent Software of Cooper & Chyan Technology, Inc. obtain access to Cadence integrated Interface Programs; to prevent a need for (‘‘CCT’’). circuit layout environments. dual-level entry in the markets for The Commission’s complaint alleges The Commission’s proposed constraint-driven, shape-based that Cadence is the dominant supplier complaint alleges that, absent access to integrated circuit routing tools and of complete software ‘‘layout Cadence integrated circuit layout integrated circuit layout environments; environments’’ for the physical design environments, developers will be less to ensure that independent software of integrated circuits, or ‘‘chips,’’ the likely to gain successful entry into the developers will continue to invest the postage-stamp sized electronic market for constraint-driven, shape- resources necessary to develop and sell components used in devices as diverse based routing tools. The proposed constraint-driven, shape-based as personal computers and kitchen complaint further alleges that the integrated circuit routing tools that appliances. CCT sells a software tool, Proposed Merger will make it more would compete with CCT’s constraint- called a ‘‘router,’’ that works within a likely that successful entry into the driven, shape-based integrated circuit layout environment and allows users to constraint-driven, shape-based routing tool; and to remedy the plot the connections among the millions integrated circuit routing tool market lessening of competition as alleged in of components within an integrated would require simultaneous entry into the Commission’s complaint. circuit. The proposed complaint alleges the market for integrated circuit layout In addition, the proposed Order that CCT is the only firm to have environments. The need for dual-level would prohibit Cadence from acquiring developed a ‘‘constraint-driven, shape- entry will further decrease the certain interests in any other concern based’’ router, state-of-the-art likelihood of entry into the market for which, within the year preceding such technology that is expected to solve the Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26793 next generation of problems that will to develop an interface to the Cadence entered a standard from contract with face integrated circuit producers integrated circuit layout environment, it Cadence. designing ever more powerful chips. would not be able to market its routing The separate statements by The Commission’s proposed product effectively to the vast majority Commissions Azcuenaga and Starek complaint alleges a well-established of potential customers which use the question this enforcement action. We vertical theory of competitive harm, laid Cadence layout environment.4 Without respectfully disagree. out in the 1984 Merger Guidelines.1 The an expectation that it could design First, Commissioner Azcuenaga Guidelines explain that a vertical software compatible with Cadence’s argues that the Commission should have merger can produce horizontal installed base, a would-be entrant might brought an action based upon a anticompetitive effects by making well decide not to compete.5 horizontal theory of competitive harm. competitive entry less likely if (1) as a We certainly agree that horizontal result of the merger, there is a need for After the proposed Cadence/CCT competitive concerns deserve our close simultaneous entry into two or more merger, Cadence would have an attention and recognize that horizontal markets and (2) such simultaneous entry incentive to impede attempts by remedies often cure vertical problems. If would make entry into the single market companies developing routing we had credible support for the theory less likely to occur.2 While the technology competitive with CCT’s that the proposed merger would dissenting Commissioners may take constraint-driven, shape-based router combine actual or potential horizontal issue with the ‘‘dual-level entry’’ theory technology, IC Craftsman, to gain access competitors and would substantially of vertical mergers that the 1984 to the Cadence integrated circuit layout lessen competition in an integrated Guidelines articulate, the available environment. Following the proposed circuit routing market or an innovation evidence suggests that the Cadence/CCT merger, successful entry into the routing market for integrated circuit routers, we merger, which combines Cadence’s tool market is more likely to require would not hesitate to advance that case. dominant position in integrated circuit simultaneous entry into the market for But after a thorough investigation by layout environments with CCT’s current integrated circuit layout environments. Commission staff, we have not found monopolistic position in constraint- Without a consent that mandates access sufficient evidence to conclude that, driven, shape-based integrated circuit to Cadence’s layout environment, and absent the acquisition, Cadence would routers, presents a straightforward case thus lowers the barriers to entry in the have been able to enter the market for of anticompetitive effects caused by market, a combined Cadence/CCT will constraint-driven, shape-based vertical integration. We believe that this face less competitive pressure to integrated circuit routers successfully in type of competitive harm merits our innovate or to price aggressively. Thus, the foreseeable future. attention.3 competition would likely be reduced as The dissenting statements fail to give When considering the effects of a result of the proposed acquisition. full weight to all the incentives at work in the vertical case. It is true that mergers in dynamic, innovative high- The proposed remedy in this matter Cadence would be motivated by the tech markets, such as those present preserves opportunities for new entrants entry of new, promising routing here, it is particularly important to with integrated circuit routers technology to allow an interface to its investigate whether such mergers will competitive with IC Craftsman by layout environment to seek more of its create barriers to entry. New entrants allowing them to interface with often bring innovation to the market, complementary products. And absent Cadence’s layout environments on the and the threat of entry leads incumbents the merger, that would be its only same terms as developers of to innovate. Therefore, we must be incentive. But with the merger, Cadence complementary design tools.6 vigilant to preserve opportunities for clearly also has an incentive to prevent Specifically, the proposed order would entry. loss of sales in its competing products. As the Analysis to Aid Public require Cadence to allow independent And while these two incentives may Comment explains, unless a would-be commercial router developers to build compete as a theoretical matter, the supplier of routing tools had the ability interfaces between their design tools evidence in this case indicates that and the Cadence layout environment Cadence has acted historically 1 See U.S. Department of Justice Merger through Cadence’s ‘‘Connections according to the latter incentive. There Guidelines, 4 Trade Reg. Rep. (CCH ¶ 13,103 (June Program.’’ The Connections Program is is some reason to believe that Cadence 14, 1984) (hereinafter ‘‘1984 Merger Guidelines’’). in place now and has more than one in the past has thwarted attempts by When the agencies issued the 1992 Horizontal hundred participants who have all Merger Guidelines, U.S. Department of Justice and firms offering potentially competitive Federal Trade Commission Horizontal Merger technology to develop interfaces to its Guidelines, 4 Trade Reg. Rep. (CCH) ¶ 13,104 (April 4 Not only is Cadence the dominant layout layout environment (including at one 7, 1992), they explained that ‘‘[s]pecific guidance environment, but its competitors are in a state point, CCT). Now that it has a on non-horizontal mergers is provided in . . . [the] disarray. For example, Cadence’s most significant 1984 Merger Guidelines.’’ U.S. Department of competitor, Avant! Corporation, and several of its satisfactory router to offer its customers, Justice and Federal Trade Commission Statement top executives have recently been charged with the there is no reason to think that absent Accompanying Release of Revised Merger theft of trade secrets from Cadence. the consent, Cadence would treat Guidelines, 4 Trade Reg. Rep. (CCH) ¶ 13,104 (April 5 CCT decided that it was so important to gain developers of routers that would 2, 1992). See generally Herbert Hovenkamp, Federal access to Cadence’s layout environment that when compete with IC Craftsman any Antitrust Policy §§ 9.4, 9.5 (1994) (suggesting that Cadence refused to allow the IC Craftsman product vertical mergers may create barriers to entry when (CCT’s constraint-driven, shape-based router differently than it once treated CCT. one of the parties is a monopolist or near- technology) to interface with the Cadence layout Commissioner Azcuenaga also monopolist). program through the ‘‘Connections’’ Program, CCT suggests that the consent order is 2 See 1984 Merger Guidelines § 4.21. induced a third party that was a Connections unnecessary because a company 3 Contrary to Commissioner Starek’s assertions partner to write an interface to the Connections that enforcement action here, in the context of a Program for IC Craftsman without Cadence developing a router to compete with IC merger, leads logically to enforcement action knowledge. Cadence thereafter sought to impede Craftsman could proceed, as CCT did, against internal vertical expansion, see Dissenting CCT’s attempts to gain access to the Cadence without an interface to Cadence’s design Statement of Commissioner Roscoe B. Starek III at integrated circuit layout environment by suing CCT. layout environment. The evidence n.8 & accompanying text, such unilateral action has 6 At the same time, the proposed order preserves been known to present a completely different set of any efficiencies of vertical integration resulting shows, however, that CCT’s questions under the antitrust laws for more than from the proposed merger, which may benefit management thought that ensuring one hundred years. customers. compatibility with Cadence’s layout 26794 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices environment was critical and that partners all sign the same standard-form seems to address the prospect of another marketing without that compatibility, contract and there has been a consistent anticompetitive, horizontal merger in which it had done, was not sufficient.7 pattern of conduct with respect to the the market for ‘‘Integrated Circuit It took the extreme measure of inducing program to use as a baseline for future Routing Tools.’’ Any further acquisition a third party to write software for CCT comparisons. Moreover, the by Cadence of a firm marketing such a to interface IC Craftsman with the Commission has had experience with tool would present obvious horizontal Cadence layout environment without such non-discrimination provisions, issues, but should not require any Cadence’s knowledge. Moreover, and can rely on respondent’s additional vertical cure. To the extent despite CCT’s success in developing a compliance reports required under the that this proposed order provides a routine program, its sales were modest order as well as complaints from vertical remedy for any possible market before the merger announcement.8 independent software developers to foreclosure or increased barriers to Commissioner Azcuenaga is further ensure compliance with the consent. We entry, a duplicate vertical order against concerned that mandating access to the think the dissenting Commissioners’ Cadence would be unnecessary. Connections Program for developers of scenarios about intractable compliance Paragraph II of the proposed order routing software on terms as favorable issues are unfounded. requires Cadence to allow developers of as for other Connections participants In sum, we believe that the consent ‘‘Commercial Integrated Circuit Routing might have unintended consequences. order will preserve competition in the Tools’’ to participate in its connections In particular, she is concerned that the market for cutting-edge router program on ‘‘terms no less favorable order may prompt Cadence to charge technology by reducing barriers to entry. than’’ the terms offered to any other participant. According to the Analysis higher prices to all Connections Statement of Commissioner Mary L. to Aid Public Comment at page 7, this partners. But the Connections Program Azcuenaga Concurring in Part and provision is intended to eliminate the is an existing program with over one Dissenting in Part in Cadence Design need for dual level entry so that a future hundred members, and Cadence would Systems, Inc., File No. 971–0033 have significant logistical difficulties, developer of ‘‘Commercial Integrated and would risk injuring its reputation, The acquisition of Cooper & Chyan Circuit Routing Tools’’ will not also if it suddenly altered the terms of the Technology, Inc. (Cooper & Chyan), by need to develop an environment program. Also, Cadence has good Cadence Design Systems, Inc. comparable to Cadence’s environment. (Cadence), combines the only firm reasons for having so many Connections I question this aspect of the case for currently marketing a constraint-driven, 2 partners—they offer Cadence customers several reasons. First, Cooper & Chyan shape-based integrated circuit routing valuable tools, most of which do not was successful in developing and tool with a firm that was, at least until compete with Cadence products. It marketing its routing program before it the acquisition, on the verge of entry seems unlikely that Cadence would be obtained access to Cadence’s into this market. I find reason to believe motivated to make the Connections environment program. This success that the proposed merger would violate Program less appealing to those suggests that access to Cadence’s Section 7 of the Clayton Act under a partners. environment is not necessary to the Both Commissioners Azcuenaga and horizontal, potential competition theory success of an entrant in the routing tool Starek suggest that the proposed remedy of law. I dissent from the complaint market. Second, although Cadence may be difficult to enforce. Any time because it fails to allege a horizontal initially denied Cooper & Chyan access this Commission enters an order, it violation of law and because I do not to its connections program, it reversed takes upon itself the burden of enforcing find reason to believe that the course and granted the access. To the the order, which requires use of our transaction would violate the law under extent that Cadence may have scarce resources. However, we think the the vertical theory that is alleged in the capitulated to pressure from customers proposed order, which simply requires complaint. I support the part of the to grant access, that capitulation would Cadence to allow competitors and order that addresses the horizontal suggest that Cadence has little or no potential competitors developing problem, although I question whether it power to deny access to its connections routing technology to participate in is sufficient. The classic horizontal program to a product that its customers independent software interface remedy would be divestiture of either want. Third, this remedy is premised on programs on terms no less favorable the Cooper & Chyan routing tool or the the allegation in paragraph 16 of the than the terms applicable to any other Cadence routing tool that has not yet Complaint that ‘‘Cadence does not, participants in such programs, is a reached the market. I do not support the however, have incentives to provide workable approach.9 Connections rest of the order. access to a Cadence integrated circuit Despite the absence of a horizontal layout environment to suppliers of 7 Interfacing with another firm’s design layout allegation in the complaint, the majority integrated circuit layout tools that environment is also not a feasible alternative nevertheless has addressed the compete with Cadence products.’’ To because of Cadence’s dominant position in the horizontal competition issue in the extent that a Section 7 order may be market. Without hope of marketing to the vast paragraph III of the proposed consent based on incentives, the incentives majority of customers, developers of an alternative router have minimal incentives to compete. In order, which imposes a ten-year prior appear to be at least as likely to go the addition, the competitive’s significance of notice provision. Under the Cadence’s few competitors is questionable. Commission’s policy, prior notification Commission imposes such prior notice 8 Products offering incremental innovation rather provisions are imposed to prevent a requirements only on a finding of ‘‘credible risk that than the revolutionary breakthrough of IC recurrence of an anticompetitive a company that engaged or attempted to engage in Craftsman would have an even more difficult time 1 an anticompetitive merger would, but for an order, entering. merger. This prior notice provision engage in an otherwise unreportable 9 The language of the consent is clear in requiring anticompetitive merger.’’ that terms for routing companies be no less be interpreted to allow Cadence to terminate router 2 The majority is mistaken to the extent they favorable than for any other participant in the developers from the Connections Program after believe I take issue with Section 4 of the U.S. Connections Program. Thus, we do not understand thirty days, the proposed order would be Department of Justice Merger Guidelines (June 14, Commissioner Starek’s conclusion that the consent meaningless. 1984). See Statement of Chairman Robert Pitofsky could be interpreted to require routing companies 1 According to the ‘‘Statement of Federal Trade and Commissioners Janet D. Steiger and Christine to pay a ‘‘fee no higher than the highest fee.’’ And Commission Policy Concerning Prior Approval and A. Varney written in response to this statement and as his own dissent acknowledges, if the order could Prior Notice Provisions’’ (June 21, 1995), the the dissenting statement of Commissioner Starek. Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26795 other way. If another company develops theories are generally unconvincing as a the introduction of lower-priced or an innovative, advanced router, one rationale for antitrust enforcement. The higher-quality routing program would assume that Cadence would have current case provides scant basis for increases the value of Cadence’s incentives to welcome the innovative revising this conclusion. ‘‘dominant’’ position in the sale of product to its suite of connected design The theory of harm presented here is software complementary to the router, tools, thereby enhancing the suite’s the same as—and thus shares all of the because it increases the demand for utility to customers. defects of—that offered in Silicon Cadence design software, thereby Paragraph II of the proposed order Graphics, Inc. (‘‘SGI’’).2 In SGI, the allowing Cadence to increase the price may be counterproductive and may Commission alleged that the merger of and/or the output of these programs. result in substantial enforcement costs a computer hardware manufacturer Despite the majority’s assertions to the for the Commission. Because Paragraph (SGI) and two software vendors (Alias contrary,6 this is true whether or not II bars Cadence from charging and Wavefront) would result in the Cadence has vertically integrated into developers of ‘‘Commercial Integrated post-acquisition ‘‘foreclosure’’ of other the sale of routing software, for efficient Circuit Routing Tools’’ a higher access independent software suppliers, leading entry into the production of routing fee than developers of other design to monopoly prices for graphics software increases the joint profits of the tools, one possible, unintended software. The Commission claimed that entrant and Cadence. If the Commission consequence of the order is that because the acquisition would give SGI is correct that Cadence is ‘‘dominant’’ in Cadence may reduce or eliminate its own in-house software producers, the supply of software components discounting of access fees. In addition, SGI no longer would allow unaffiliated enforcement of the provision of the software vendors access to its hardware of the premerger state of competition set forth in the order requiring Cadence to provide platform. complaint itself tends to exclude the possibility of access to the connections program to substantial postmerger foreclosure. In SGI, the In the current incarnation of this complaint alleged that software producers other developers of ‘‘Commercial Integrated theory, Cadence is cast in the role of SGI than Alias and Wavefront were competitively Circuit Routing Tools’’ on terms ‘‘no and CCT in the role of the software insignificant prior to the merger, and that premerger less favorable than the terms applicable vendors. The Commission alleges that entry barriers were high. Similarly, the current to any other participants’’ may well complaint (¶11) alleges that there are substantial Cadence no longer will allow premerger barriers to entry into the market for the embroil the Commission in complex independent suppliers of ‘‘routing’’ kind of ‘‘router’’ software that CCT produces. But commercial disputes. software—the type of software sold by one cannot find both that the premerger supply I concur in the acceptance of CCT—to wire programs that can elasticity of substitutable software is virtually zero Paragraph III of the proposed order and and that the merger would result in the substantial interface with other IC layout programs postmerger foreclosure of independent software dissent from the acceptance of in the Cadence suite. To mitigate these producers. If entry into constraint-driven, shape- Paragraph II of the proposed order. supposed anticompetitive incentives, based IC router software is effectively blocked the proposed order would require premerger, as the complaint contends, if cannot also Dissenting Statement of Commissioner be the case that the merger would cause a Roscoe B. Starek, III in the Matter of Cadence to provide independent substantial incremental reduction in entry Cadence Design Systems, Inc. and vendors of routing software access to its opportunities. Cooper & Chyan Technology, Inc., File ‘‘Independent Software Interface 6 The majority asserts that ‘‘Cadence clearly also Programs’’ (e.g., to its ‘‘Connections has an incentive to prevent loss of sales in its No. 971 0033 competing products.’’ (Majority Statement at 4; Program’’) on terms ‘‘no less favorable’’ I respectfully dissent from the emphasis in original.) Similarly, the Analysis of than the terms offered to other Proposed Consent Order to Aid Public Comment Commission’s decision to accept a independent software vendors.3 simply asserts (at 5) that ‘‘Cadence does not . .. consent agreement with Cadence Design The logic of the proposed complaint have incentives to provide access to its integrated circuit layout environments to suppliers of Systems, Inc. (‘‘Cadence’’), a supplier of is fundamentally flawed. Even if we software for the design of integrated integrated circuit layout tools that compete with assume arguendo—as the proposed Cadence products.’’ Because neither the majority circuits (‘‘ICs’’). The proposed complaint in this case does—that statement nor the Analysis to Aid Public Comment complaint alleges that the merger of Cadence is ‘‘dominant’’ in the supply of describes how this conclusion was reached, it is difficult to identify precisely the source of the Cadence and Cooper & Chyan software components complementary to Technology, Inc. (‘‘CCT’’)—a producer erroneous reasoning. Chiefly, however, it seems to the router,4 the fact remains that it has reflect a manifestation of the ‘‘sunk cost fallacy,’’ of software complementary to no incentive to restrict the supply of whereby it is argued that because Cadence has now Cadence’s—is likely substantially to sunk a large sum of money into acquiring CCT, this routers. I noted in SGI that ‘‘SGI ha[d] in and of itself would provide Cadence with an lessen competition in violation of strong incentives to induce expanded Section 7 of the Clayton Act, 15 U.S.C. incentive not to deal with independent vendors of supply of SGI-compatible software: complements. This reasoning, of course, is § 18, and Section 5 of the Federal Trade increasing the supply of compatible fallacious: the cost incurred by Cadence in Commission Act, 15 U.S.C. § 45. To software (or of any complementary acquiring CCT—whether a large or a small sum— justify the proposed complaint and is irrelevant to profit-maximizing behavior once product) increases the demand for SGI’s incurred, for bygones are forever bygones. The order, the Commission once again workstations.’’5 The same is true here: introduction of a superior new router, even if by an invokes the specter of anticompetitive independent vendor, will increase the joint profits of Cadence and this vendor (irrespective of the ‘‘foreclosure’’ as a direct consequence of Commissioner Roscoe B. Starek, III, ‘‘Reinventing amount spent in acquiring CCT), and both parties the transaction. As I have made clear on Antitrust Enforcement? Antitrust at the FTC in 1995 will have a profit incentive to facilitate its 1 and Beyond,’’ remarks before a conference on ‘‘A previous occasions, foreclosure introduction. New Age of Antitrust Enforcement: Antitrust in 1995’’ (Marina del Rey, California, Feb. 24, 1995). Moreover, the majority also imputes a sinister 1 See Dissenting Statement of Commissioner motive to Cadence’s reluctance to deal with certain 2 Supra note 1. Roscoe B. Starek, III, in Time Warner Inc., et al., competitors, while failing to acknowledge that this 3 Docket No. C–3709 (consent order, Feb. 3, 1997); Proposed order, ¶ II.A. reluctance almost surely represents a legitimate and Dissenting Statement of Commissioner Roscoe B. 4 The anticompetitive theory requires Cadence to well-founded interest in protecting its intellectual Starek, III, in Waterous Company, Inc. and Hale have substantial monopoly power: if there were property. As the Analysis to Aid Public Comment Products, Inc., Docket No. C–3693 & C–3694 numerous good alternatives to Cadence’s suite, notes (at 4): ‘‘Cadence’s leading competitor in the (consent orders, Nov. 22, 1996); Dissenting other independent vendors of routing software supply of integrated circuit layout environments, Statement of Commissioner Roscoe B. Starek, III, in could affiliate with them and there would be no Avant! Corporation, has been charged criminally Silicon Graphics, Inc. (Alias Research, Inc., and ‘‘foreclosure.’’ with conspiracy and theft of trade secrets from Wavefront Technologies, Inc.), Docket No. C–3626 5 Dissenting Statement in SGI, supra note 1, at 2. Cadence, and several top Avant! executives have (consent order, Nov. 14, 1995); Remarks of Moreover, as was also true in SGI, the description been charged criminally as well.’’ 26796 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices complementary to routers, then of in Time Warner, there is likely to be the breadth and scope of the permitted course Cadence may be in a position to little enthusiasm for such a policy connection rights?11 Does it mean that expropriate—e.g., via royalties paid to because there is a general predisposition router vendors pay a connection fee no Cadence by the entrant for the right to to regard internal capacity expansion as higher than the highest fee paid by an ‘‘connect’’ to Cadence’s software—some procompetive.9 existing participant? Or would they pay or all of the ‘‘efficiency rents’’ that Not only am I unpersuaded that a fee no higher than the current lowest otherwise would accrue to an efficient Cadence’s acquisition of CCT is likely to fee? Or does it means something else? entrant. This, however, would reduce competition in any relevant Router vendors surely will argue for the constitute harm to a competitor, not to market, but—as in SGI and Time second interpretation—a view also competition, and Cadence would have Warner—I would find the proposed apparently shared by the Commission no incentive to set such rates so high as order unacceptable even were I majority12—yet there is no obvious to preclude entry. convinced as to liability. As in Time reason why router vendors should be The theory of harm and the remedy Warner, the Commission seeks to entitled to such a Commission- proposed here also share many of the impose a ‘‘most favored nations’’clause mandated preferential pricing flaws that I pointed out in Time that would require Cadence to allow all arrangement, and neither the majority Warner.1 In that case the Commission’s independent router developers to nor the Analysis to Aid Public Comment action was based to a significant degree participate in its software interface has offered one. on the argument that increased vertical programs on terms that are ‘‘no less Similarly, does the ‘‘no less integration into cable programming on favorable than the terms applicable to favorable’’ requirement mandate that the the part of Time Warner and Tele- any other participants in’’ those vendors of routing software obtain Communications, Inc. would increase interface programs. Even apart from the access rights as broad as the broadest those firms’ incentives to reduce the usual problems with ‘‘most favored rights now granted, or simply no worse supply of independently produced nations’’ clauses in consent orders,10 than the narrowest now granted? And television programming. Carried to its this order—as in both SGI and Time since the current Connections contracts logical conclusion, this theory of harm Warner—will require that the are terminable at will by either party constitutes a basis for challenging any Commission continuously regulate the with 30 days’ notice, does ‘‘no less vertical integration by large cable prices and other conditions of access. favorable’’ mean only that router operators or large programmers—even Indeed, compared to the proposed vendors must be given the same vertical integration occurring via de order in the present case, the order in termination terms as other software novo entry by a cable operator into the Time Warner was a model of clarity and vendors, or does it mean something else programming market or de novo entry enforceability. What does it mean to (e.g., termination only for cause, where by a programmer into distribution. mandate treatment ‘‘no less favorable the ‘‘reasonableness’’ of the termination Now apply this train of thought to the than’’ that granted to others, when is subject to ex post evaluation by the 13 current matter. Contrary to the analysis Cadence’s current Connections Commission)? The former presented above, suppose that somehow Program—with well over 100 interpretation of the order seems the Cadence could profit anticompetively participants—allows access prices to most straightforward; however, it is also from denying interconnection rights to differ substantially across participants one that essentially would nullify the independent router vendors. If that were and imposes substantial restrictions on protection of independent router so, then it would not be sufficient vendors and thus would render the 14 merely to prevent Cadence from consequences, including deterrence of Cadence order meaningless. acquiring producers of complementary from efficiently entering complementary software The preceding suggests strongly that software. Rather, the Commission would lines through internal expansion. the real (albeit unstated) goal of the have to take the further step of The observation in note 3 of the majority order is not to nullify any actual statement that antitrust law has treated vertical anticompetitive effects from the preventing Cadence from developing its integration by merger differently from internal own routers, for under the vertical integration ‘‘for more than one hundred proposed transaction, but rather to anticompetitive theory advanced in the years’’ suggests that I do not recognize that the law invalidate the principal aspects of complaint, any vertical integration by provides for differential treatment of mergers and Cadence’s ‘‘Connections Program’’ (i.e., Cadence into routers, whether internal expansion. I simply intended to point out the ability to charge different the illogically of finding vertical integration with connection fees and to terminate accomplished by acquisition or through identical economic consequences to be illegal under internal expansion, would engender the Commission’s standards of merger review, when vendors at will) without demonstrating equivalent post-integration incentives to that integration would be of no concern (and might that the program’s provisions violate the even be applauded) if it resulted from simple law. There is little reason to believe that ‘‘foreclose’’ independent vendors of internal expansion. 8 this program is harmful to competition, routing software Of course, as I noted 9 In the present case, as in Time Warner, the Commission has alleged the existence of substantial and there are strong efficiency reasons 7 See my Dissenting Statement in Time Warner pre-acquisition market power in both vertically for allowing Cadence to set different Inc., et al., supra note 1. related markets (routing software and the rest of the fees for different vendors. Moreover, 8 Thus, it is unclear how the Commission should IC layout ‘‘suite’’ here, see complaint ¶¶9–11, and setting a uniform fee would result in respond, under the logic of its complaint, were cable television programming and distribution in price increases to at least some vendors. Cadence to introduce an internally developed Time Warner). Under these circumstances, there is software program (now provided by one or more a straightforward reason why vertical integration is independent vendors) that is complementary to its both profitable and procompetitive (i.e., likely to 11 For example, CCT had been permitted to ‘‘dominant’’ suite of programs. Obviously Cadence result in lower prices to consumers): vertical participate in the Connection Program with its would be in a position (similar to that alleged in integration would yield only one monopoly markup printed circuit board router but not with its IC the Commission’s complaint) to block access to the by the integrated firm, rather than separate markups router. Cadence design software if it wanted to. Even if (as in the pre-integration situation) by Cadence and 12 See Majority Statement at note 9. Cadence did not terminate the independent CCT. 13 Moreover, does the terminability of the vendors, consistent application of the economic 10 As I noted in Time Warner, these clauses have Connections contract on 30 days’ notice mean that logic of the present complaint seemingly would the capacity to cause all prices to rise rather than the ‘‘no less favorable’’ requirement might need to require the Commission to seek a prophylactic to fall. Dissenting Statement, supra note 1, at 20. be reviewed every 30 days? ‘‘open access’’ order against Cadence similar to the The majority (at 5) seems comfortable with this 14 The majority implies (Majority Statement at order sought here. This enforcement policy would outcome, provided that all vendors pay the same note 9) that the exercise of this right would indeed of course have a number of adverse competitive price. constitute a violation of the order. Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26797
Because I do not accept the majority’s SUMMARY: Title VII of the Business Federal Procurement Policy (58 FR theory of liability in this case, and Opportunity Development Reform Act 13513, March 11, 1993). because I find the proposed remedy at of 1988 (Public Law 100–656) Procurements of construction or best unenforceable and at worst established the Small Business trash/garbage collection with an competitively harmful, I dissent. Competitiveness Demonstration estimated value that exceeds $25,000 and procurement of A–E services with [FR Doc. 97–12753 Filed 5–14–97; 8:45 am] Program and designated nine (9) agencies, including GSA, to conduct the an estimated value exceeding $50,000 BILLING CODE 6750±01±M program over a four (4) year period from by GSA contracting activities will be January 1, 1989 to December 31, 1992. made in accordance with the following The Small Business Opportunity procedures: GENERAL SERVICES Enhancement Act of 1992 (Public Law ADMINISTRATION Construction Services in Groups 15, 16, 102–366) extended the demonstration and 17 Notice of Availability of Record of program until September 1996 and made certain changes in the procedures Procurements for all construction Decision; Final Environmental Impact services (except solicitations issued by Statement/Environmental Impact for operation of the demonstration program. The program has been GSA contracting activities in Regions 2, Report; Proposed Federal Building, 3, 6, 7, 8, and the National Capital San Francisco, California extended for an additional one-year period by the Omnibus Consolidated Region in SIC Group 15, Region 3 in AGENCY: Public Buildings Service, Appropriations Act (Public Law 104– individual SIC code 1771, the National United States General Services 208). The law designated four (4) Capital Region in individual SIC code Administration. industry groups for testing whether the 1794, and Regions 2, 4, 5, and 7 in ACTION: Notice. competitive capabilities of the specified individual SIC code 1796) shall be industry groups will enable them to conducted on an unrestricted basis. SUMMARY: The United States General successfully compete on an unrestricted Procurements for construction Services Administration (GSA) hereby basis. The four (4) industry groups are: services in SIC Group 15 issued by GSA gives notice that a Record of Decision construction (except dredging); contracting activities in Regions 2, 3, 6, (ROD) has been prepared for the Final architectural and engineering (A&E) 7, and 8, and the National Capital Environmental Impact Statement/ services (including surveying and Region, in individual SIC code 1771 in Environmental Impact Report (EIS/EIR) mapping); refuse systems and related Region 3, in individual SIC code 1794 for the proposed construction of a new services (limited to trash/garbage in the National Capital Region, and in Federal Building within the City of San collection); and non-nuclear ship repair. individual SIC code 1796 in Regions 2, Francisco, California. The proposed Under the program, when a 4, 5, and 7, shall be set aside for small project involves the construction of a participating agency misses its small business when there is a reasonable new Federal Building with business participation goal, restricted expectation of obtaining competition approximately 475,000 occupiable competition is reinstituted only for from two or more small businesses. If no square feet (675,000 gross square feet) those contracting activities that failed to expectation exists, the procurements and 161 onsite parking spaces. The attain the goal. The small business goal will be conducted on an unrestricted preferred alternative and proposed is 40 percent of the total contract dollars basis. project is the site located at Seventh and awarded for construction, trash/garbage Region 2 encompasses the states of Mission Streets. collection services, and non-nuclear New Jersey, New York, and the ADDRESSES: For copies of the ROD, ship repair and 35 percent of the total territories of Puerto Rico and the Virgin please send requests to Mr. George contract dollars awarded for architect- Islands. Dones, Portfolio Management Division engineer services. This notice Region 3 encompasses the states of (9PT), Public Buildings Service, General announces modifications to GSA’s Pennsylvania, Delaware, West Virginia, Services Administration, 450 Golden solicitation practices under the Maryland (except Montgomery and Gate Avenue, 3rd Floor, San Francisco, demonstration program based on a Prince Georges counties), and Virginia California 94102. review of the agency’s performance (except the city of Alexandria and the FOR FURTHER INFORMATION CONTACT: during the period from April 1, 1996 to counties of Arlington, Fairfax, Loudoun, Mr. George Dones, (415) 522–3497. March 31, 1997. Modifications to and Prince William). Region 4 encompasses the states of solicitation practices are outlined in the Dated: May 7, 1997. Alabama, Florida, Georgia, Kentucky, SUPPLEMENTARY INFORMATION section Kenn N. Kojima, North Carolina, South Carolina, below and apply to solicitations issued Regional Administrator, Pacific Rim Region Mississippi, and Tennessee. (9A). on or after July 1, 1997. Region 5 encompasses the states of [FR Doc. 97–12731 Filed 5–14–97; 8:45 am] EFFECTIVE DATE: July 1, 1997. Illinois, Indiana, Ohio, Michigan, BILLING CODE 6820±23±M FOR FURTHER INFORMATION CONTACT: Tom Minnesota, and Wisconsin. Wisnowski, Office of GSA Acquisition Region 6 encompasses the states of Policy, (202) 501–1224. Iowa, Kansas, Missouri and Nebraska. GENERAL SERVICES Region 7 encompasses the states of ADMINISTRATION SUPPLEMENTARY INFORMATION: Arkansas, Louisiana, Oklahoma, New Procurements of construction or trash/ Mexico, and Texas. Change in Solicitation Procedures garbage collection with an estimated Region 8 encompasses the states of Under the Small Business value of $25,000 or less and Colorado, Montana, North Dakota, Competitiveness Demonstration procurement of A–E services with an South Dakota, Utah, and Wyoming. Program estimated value of $50,000 or less will The National Capital Region AGENCY: Office of Acquisition Policy, be reserved for emerging small business encompasses the District of Columbia, GSA. concerns in accordance with the Montgomery and Prince Georges procedures outlined in the interim counties in Maryland, and the city of ACTION: Notice. policy directive issued by the Office of Alexandria and the counties of 26798 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
Arlington, Fairfax, Loudoun, and Prince DEPARTMENT OF HEALTH AND is located in a State, the District of William in Virginia. HUMAN SERVICES Columbia, or U.S. Territory is eligible to apply for a training grant. Trash/Garbage Collection Services in Centers for Disease Control and PSC S205 Prevention Availability of Funds and Types of Training Awards and Applicant Procurements for trash/garbage [Announcement 123] Characteristics collection services in PSC S205 will be CDC expects approximately conducted on an unrestricted basis. National Institute for Occupational Safety and Health; Grants for $11,500,000 to be available in FY 1998. Architect-Engineer services (All PSC Education Programs in Occupational A. Approximately $10,400,000 of the Codes Under the Demonstration Safety and Health, Notice of total funds available will be utilized as follows: Program) Availability of Funds for Fiscal Year 1998 1. To award approximately ten non- Procurements for all architect- competing continuation and six engineer services (except procurements Introduction competing continuation or new issued by contracting activities in GSA The Centers for Disease Control and Occupational Safety and Health ERC Regions 4, 9, and the National Capital Prevention (CDC) announces that training grants totaling approximately $8,200,000 and ranging from Region) shall be conducted on an applications are being accepted for approximately $400,000 to $800,000 unrestricted basis. fiscal year (FY) 1998 training grants in occupational safety and health. The with the average award being Procurements for architect-engineer purpose of these grants is to provide an approximately $600,000. An services issued by contracting activities adequate supply of qualified personnel Occupational Safety and Health in Regions 4, 9, and the National Capital to carry out the purposes of the Educational Resource Center shall be an Region shall be set aside for small Occupational Safety and Health Act. identifiable organizational unit within business when there is a reasonable This announcement includes an the sponsoring organization and shall expectation of obtaining competition expanded emphasis on research and consist of the following characteristics: a. Cooperative arrangements with a from two or more small businesses. If no research training and an emphasis on medical school or teaching hospital expectation exists, the procurements establishing new and innovative (with an established program in may be conducted on an unrestricted training technologies for both preventive or occupational medicine); basis. Educational Resources Centers (ERCs) with a school of nursing or its and Training Project Grants (TPGs). Region 4 encompasses the states of equivalent; with a school of public Alabama, Florida, Georgia, Kentucky, CDC is committed to achieving the health promotion and disease health or its equivalent; or with a school North Carolina, South Carolina, of engineering or its equivalent. It is Mississippi, and Tennessee. prevention objectives of ‘‘Healthy People 2000,’’ a national activity to expected that other schools or Region 9 encompasses the states of reduce morbidity and mortality and departments with relevant disciplines Arizona, California, Hawaii, and improve the quality of life. This and resources shall be represented and Nevada. announcement is related to the priority shall contribute as appropriate to the conduct of the total program, e.g., The National Capital Region area of Occupational Safety and Health. (For ordering a copy of ‘‘Healthy People epidemiology, toxicology, biostatistics, encompasses the District of Columbia, environmental health, law, business 2000,’’ see the section WHERE TO OBTAIN Montgomery and Prince Georges administration, and education. Specific ADDITIONAL INFORMATION.) counties in Maryland, and the city of mechanisms to implement the Alexandria and the counties of Authority cooperative arrangements between Arlington, Fairfax, Loudoun, and Prince This program is authorized under departments, schools/colleges, William in Virginia. section 21(a) of the Occupational Safety universities, etc., shall be demonstrated Non-Nuclear Ship Repair and Health Act of 1970 (29 U.S.C. in order to assure that the intended 670(a)). Regulations applicable to this multidisciplinary training and GSA does not procure non-nuclear program are in 42 CFR Part 86, ‘‘Grants education will be engendered. ship repairs. for Education Programs in Occupational b. A Center Director who possesses a Safety and Health.’’ demonstrated capacity for sustained Dated: May 8, 1997. productivity and leadership in Ida M. Ustad, Smoke-Free Workplace occupational health and safety Deputy Associate Administrator for CDC strongly encourages all grant education and training. The Director Acquisition Policy. recipients to provide a smoke-free shall oversee the general operation of [FR Doc. 97–12730 Filed 5–14–97; 8:45 am] workplace and to promote the nonuse of the Center Program and shall, to the BILLING CODE 6820±61±P all tobacco products, and Public Law extent possible, directly participate in 103–227, the Pro-Children Act of 1994, training activities. Provisions shall be prohibits smoking in certain facilities made to employ a Deputy Director who that receive Federal funds in which shall be responsible for managing the education, library, day care, health care, daily administrative duties of the Center and early childhood development and to increase the Center Director’s services are provided to children. availability to ERC staff and to the public. At least one full-time equivalent Eligible Applicants effort shall be demonstrated between the Any public or private educational or two positions. training agency or institution that has c. Program Directors who are full-time demonstrated competency in the faculty and professional staff occupational safety and health field and representing various disciplines and Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26799 qualifications relevant to occupational characteristic and, therefore, must give safety committees, in the geographical safety and health who are capable of special, if not innovative, attention to region in which the Center is located. planning, establishing, and carrying out thoroughly describing the approach for The goal shall be that the training be or administering training projects fulfilling the multidisciplinary made available to a minimum of 400 undertaken by the Center. Each interaction between students. trainees per year representing all of the academic program, as well as the g. Demonstrated impact of the ERC on above categories of personnel, on an continuing education and outreach the curriculum taught by relevant approximate proportional basis with program shall have a Program Director. medical specialties, including family emphasis given to providing d. Faculty and staff with practice, internal medicine, occupational safety and health training demonstrated training and research dermatology, orthopedics, pathology, to physicians in family practice, as well expertise, appropriate facilities and radiology, neurology, perinatal as industrial practice, industrial nurses, ongoing training and research activities medicine, psychiatry, etc., and on the and safety engineers. Priority shall be in occupational safety and health areas. curriculum of undergraduate, graduate given to establishing new and e. A program for conducting and continuing education of primary innovative training technologies, education and training in four core core disciplines as well as relevant including distance learning programs disciplines: occupational physicians, medical specialities and the curriculum and to short-term programs designed to occupational health nurses, industrial of other schools such as engineering, prepare a cadre of practitioners in hygienists, and occupational safety business, and law. occupational safety and health. Where personnel. There shall be a minimum of h. An outreach program to interact appropriate, it shall be professionally five full-time students in each of the with and help other institutions or acceptable that Continuing Education core programs, with a goal of a agencies located within the region. Units (as approved by appropriate minimum of 30 full-time students (total Programs shall be designed to address professional associations) may be in all of core programs together). regional needs and implement awarded. These courses should be Although it is desirable for a Center to innovative strategies for meeting those structured so that higher educational have the full range of core programs, a needs. Partnerships and collaborative institutions, public health and safety Center with a minimum of three relationships shall be encouraged agencies, professional societies or other components of which two are in the between ERCs and Training Project appropriate agencies can utilize them to core disciplines is eligible for support Grants. Programs to address the under- provide training at the local level to providing it is demonstrated that representation of minorities among occupational health and safety students will be exposed to the occupational safety and health personnel working in the workplace. principles and issues of all four core professionals shall be encouraged. Further, the Center shall conduct disciplines. In order to maximize the Examples of outreach activities might periodic training needs assessments, unique strengths and capabilities of include activities such as: Interaction shall develop a specific plan to meet institutions, consideration will be given with other colleges and schools within these needs, and shall have to the development of: new and the ERC and with other universities or demonstrated capability for innovative academic programs that are institutions in the region to integrate implementing such training directly and relevant to the occupational safety and occupational safety and health through other institutions or agencies in health field, e.g., ergonomics, industrial principles and concepts within existing the region. The Center should establish toxicology, occupational injury curricula (e.g., Colleges of Business and maintain cooperative efforts with prevention, and occupational Administration, Engineering, labor unions, government agencies, and epidemiology; and to innovative Architecture, Law, and Arts and industry trade associations, where technological approaches to training Sciences); exchange of occupational appropriate, thus serving as a regional and education. Centers must also safety and health faculty among regional resource for addressing the problems of document that the program covers an educational institutions; providing occupational safety and health that are occupational safety and health curriculum materials and consultation faced by State and local governments, discipline in critical need or meets a for curriculum/course development in labor and management. specific regional workforce need. Each other institutions; use of a visiting j. A Board of Advisors or Consultants core program curriculum shall include faculty program to involve labor and representing the user and affected courses from non-core categories as well management leaders; cooperative and population, including representatives of as appropriate clinical rotations and collaborative arrangements with labor, industry, government agencies, field experiences with public health and professional societies, scientific academic institutions and professional safety agencies and with labor- associations, and boards of associations, shall be established by the management health and safety groups. accreditation, certification, or licensure; Center. The Board shall meet regularly Where possible, field experience shall and presentation of awareness seminars to advise a Center Executive Committee involve students representing other to undergraduate and secondary and to provide periodic evaluation of disciplines in a manner similar to that educational institutions (e.g., high Center activities. The Executive used in team surveys and other team school science fairs and career days) as Committee shall be composed of the approaches. Centers should address the well as to labor, management and Center Director and Deputy Director, importance of providing training and community associations. academic Program Directors, the education content related to special i. A specific plan for preparing, Directors for Continuing Education and populations at risk, including minority distributing and conducting courses, Outreach and others whom the Center and disadvantaged workers. seminars and workshops to provide Director may appoint to assist in f. A specific plan describing how short-term and continuing education governing the internal affairs of the trainees will be exposed to the training courses for physicians, nurses, Center. principles of all other occupational industrial hygienists, safety engineers k. A plan to incorporate research safety and health core and allied and other occupational safety and training into all aspects of training and disciplines. Consortium Centers health professionals, paraprofessionals in research institutions, as documented generally have geographic, policy and and technicians, including personnel by on-going funded research and faculty other barriers to achieving this Center from labor-management health and publications, a defined research training 26800 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices plan for training doctoral-level already available for current operations. SARA for the ERC continuing education researchers in the occupational safety Applicants must also document that the program. The hazardous substance and health field. The plan will include program covers an occupational safety academic training (HSAT) funds are how the Center intends to strengthen and health discipline in critical need or being used to supplement continuing existing research training efforts, how it meets a specific regional workforce industrial hygiene core program support will integrate research training activities need. Applicants should address the to develop and offer academic curricula into the curriculum, field and clinical importance of providing training and in the hazardous substance field experiences, how it will expand these education content related to special primarily for industrial hygiene research activities to have an impact on populations at risk, including minority trainees. Program support is available other primarily clinically-oriented and disadvantaged workers. The types for faculty and staff salaries, trainee disciplines, such as nursing and of training currently eligible for support costs, and other costs to provide training medicine, and how it will build on and are: and education for occupational safety utilize existing research opportunities in a. Graduate training for practice, and health and other professional the institution. Each ERC is required to teaching, and research careers in personnel engaged in the evaluation, identify or develop a minimum of one, occupational safety and health. Priority management, and handling of hazardous preferably more, areas of research focus will be given to programs producing substances. The policies regarding related to work environment problems. graduates in areas of greatest project periods also apply to these Consideration shall be given to the CDC/ occupational safety and health need. activities. NIOSH priority research areas identified Strong consideration will be given to the in the National Occupational Health establishment of innovative training Purpose Research Agenda (NORA). (This technologies including distance learning The objective of this grant program is publication may be obtained from programs. to award funds to eligible institutions or NIOSH). In addition to the research b. Undergraduate and other pre- agencies to assist in providing an training components, the plan will also baccalaureate training providing adequate supply of qualified include such items as specific strategies trainees with capabilities for positions professional and para-professional for obtaining student and faculty in occupational safety and health occupational safety and health funding, plans for acquiring equipment, professions. personnel to carry out the purposes of if appropriate, and a plan for developing c. Special technical or other programs the Occupational Safety and Health Act. research-oriented faculty. for long-term training of occupational l. Evidence in obtaining support from safety and health technicians or Review and Evaluation Criteria other sources, including other Federal specialists. In reviewing ERC grant applications, grants, support from States and other d. Special programs for development consideration will be given to: public agencies, and support from the of occupational safety and health 1. Plans to satisfy the regional needs private sector including grants from training curricula and educational for training in the areas outlined by the foundations and corporate endowments, materials, including mechanisms for application, including projected chairs, and gifts. effectiveness testing and enrollment, recruitment and current 2. Approximately $250,000 of the implementation. workforce populations. Special available funds as specified in A.1. will Awards will be made for a 1- to 5-year consideration should be given to the be awarded to ERCs to support the project period with an annual budget development of programs addressing the development of specialized educational period. Funding estimates may vary and under-representation of minorities programs in agricultural safety and are subject to change. Non-competing among occupational safety and health health within the existing core continuation awards within the professionals. Indicators of regional disciplines of industrial hygiene, approved project periods will be made need should include measures utilized occupational medicine, occupational on the basis of satisfactory progress and by the Center such as previous record of health nursing, and occupational safety. the availability of funds. training and placement of graduates. Program support is available for faculty B. Approximately $1,100,000 of the The need for supporting students in and staff salaries, trainee costs, and total funds available will be awarded to allied disciplines must be specifically other costs to educate professionals in ERCs to support the development and justified in terms of user community agricultural safety and health. presentation of continuing education requirements. 3. To award approximately thirty, and short courses and academic 2. Extent to which arrangements for non-competing continuation and seven curricula for trainees and professionals day-to-day management, allocation of competing continuation or new long- engaged in the management of funds and cooperative arrangements are term training project grants (TPG) hazardous substances. These funds are designed to effectively achieve totaling $2,200,000 and ranging from provided to NIOSH/CDC through an Characteristics of an Educational approximately $10,000 to $500,000, Interagency Agreement with the Resource Center. (See A.1.a.–l.) with the average award being $56,000, National Institute of Environmental 3. The establishment of new and to support academic programs in the Health Sciences as authorized by the innovative programs and approaches to core disciplines (i.e., industrial hygiene, Comprehensive Environmental training and education relevant to the occupational health nursing, Response, Compensation, and Liability occupational safety and health field and occupational/ industrial medicine, and Act of 1980, as amended (CERCLA). The based on documentation that the occupational safety and ergonomics) hazardous substance training (HST) program meets specific regional or and relevant components (e.g., funds are being used to supplement national workforce needs. In reviewing occupational injury prevention, previous hazardous substance such proposed programs, consideration industrial toxicology, ergonomics). The continuing education grant support shall be given to the developing nature awards are normally for training provided to the ERCs in FY 1984 and of the program and its capability to programs of 1 academic year. They are 1985 under the authority of Title III of produce graduates who will meet such intended to augment the scope, the Comprehensive Environmental workforce needs. enrollment, and quality of training Response, Compensation, and Liability 4. Extent to which curriculum content programs rather than to replace funds Act (CERCLA) of 1980 as amended by and design includes formalized training Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26801 objectives, minimal course content to grants, support from States and other program, and access to appropriate achieve certificate or degree, course public agencies, and support from the occupational settings). descriptions, course sequence, private sector including grants from 8. Competence, experience, training, additional related courses open to foundations and corporate endowments, time commitment to the program and occupational safety and health students, chairs, and gifts. availability of faculty to advise students, time devoted to lecture, laboratory and 13. Evidence of a strategy to evaluate faculty/student ratio, and teaching loads field experience, and the nature of the impact that the ERC and its of the program director and teaching specific field and clinical experiences programs have had on the DHHS faculty in relation to the type and scope including their relationships with Region. Examples could include a of training involved. The program didactic programs in the educational continuing education needs assessment, director must be a full-time faculty process. a workforce needs survey, consultation member. 5. Academic training including the and research programs provided to number of full-time and part-time address regional occupational safety and 9. Admission Requirements: Student students and graduates for each core health problems, the impact on primary selection standards and procedures, program, the placement of graduates, care practice and training, a program student performance standards and employment history, and their current graduate data base to track the student counseling services. location by type of institution contributions of graduates to the 10. Advisory Committee: (academic, industry, labor, etc.). occupational safety and health field, Membership, industries and labor Previous continuing education training and the cost effectiveness of the groups represented; how often they in each discipline and outreach activity program. meet; who they advise, role in designing and assistance to groups within the ERC 14. Past performance based on curriculum and establishing program region. evaluation of the most recent CDC/ need. 6. Methods in use or proposed NIOSH Objective Review Summary 11. Evidence of a strategy to evaluate methods for evaluating the effectiveness Statement and the grant application the impact that the program has had on of training and outreach including the Progress Report (Competing the region. Examples could include a use of placement services and feedback Continuation applications only). workforce needs survey, consultation mechanisms from graduates as well as In reviewing long-term TPG and research programs provided to employers, innovative strategies for applications, consideration will be address regional occupational safety and meeting regional needs, critiques from given to: health problems, a program graduate continuing education courses, and 1. Need for training in the program data base to track the contributions of reports from consultations and area outlined by the application. This graduates to the occupational safety and cooperative activities with other should include documentation of a plan health field, and the cost effectiveness universities, professional associations, for student recruitment, projected of the program. and other outside agencies. enrollment, job opportunities, regional/ 12. Past performance based on 7. Competence, experience and national need both in quality and evaluation of the most recent CDC/ training of the Center Director, the quantity, and for programs addressing NIOSH Objective Review Summary Deputy Center Director, the Program the under-representation of minorities Statement and the grant application Directors and other professional staff in in the profession of occupational safety Progress Report (Competing relation to the type and scope of training and health. and education involved. 2. Potential contribution of the project Continuation applications only). 8. Institutional commitment to Center toward meeting the needs for graduate Funding Allocation Criteria goals. or specialized training in occupational 9. Academic and physical safety and health. For Educational Resource Center environment in which the training will 3. Curriculum content and design grants, the following criteria will be be conducted, including access to which should include formalized considered in determining funding appropriate occupational settings. program objectives, minimal course allocations. 10. Appropriateness of the budget content to achieve certificate or degree, 1. Academic Programs required to support each academic course sequence, related courses open to component of the ERC program, students, time devoted to lecture, a. Budget to support programs including a separate budget for the laboratory and field experience, nature primarily for personnel and other academic staff’s time and effort in and the interrelationship of these personnel-related costs. Advanced continuing education and outreach. educational approaches. There should (doctoral and post-doctoral) and 11. Evidence of the integration of also be evidence of integration of specialty (master’s) programs will be research experience into the curriculum, research experience into the curriculum, considered. field and clinical experiences. In field and clinical experiences. b. Budget to support programs based institutions seeking funds for doctoral 4. Previous records of training in this on program quality and need. Factors and post-doctoral level research training or related areas, including placement of considered include faculty (physician training), evidence of a plan graduates. commitment/breadth, faculty describing the research and research 5. Methods proposed to evaluate reputation/strength, distinctive program training the Center proposes. This shall effectiveness of the training. contribution, and technical merit. include goals, elements of the program, 6. Degree of institutional research faculty and amount of effort, commitment: Is grant support necessary c. Budget to support students based support faculty, facilities and for program initiation or continuation? on the program level and the number of equipment available and needed, and Will support gradually be assumed? Is students supported. methods for implementing and there related instruction that will go on d. Budget to support research training evaluating the program. with or without the grant? programs to establish a research base 12. Evidence of success in attaining 7. Adequacy of facilities (classrooms, within core disciplines and for the outside support to supplement the ERC laboratories, library services, books, and training of researchers in occupational grant funds including other Federal journal holdings relevant to the safety and health. 26802 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
2. Center Administration Application Submission and Deadline If you have questions after reviewing the Budget to support Center Applications should be clearly contents of all the documents, business administration to assure: coordination identified as an application for an management technical assistance may and promotion of academic programs; Occupational Safety and Health Long- be obtained from David Elswick, Grants interdisciplinary interaction; meeting of Term Training Project Grant or ERC Management Specialist, Grants regional workforce needs; and Training Grant. The submission Management Branch, Procurement and evaluation of impact. schedule is as follows: Grants Office, Centers for Disease 3. Continuing Education/Outreach New, Competing Continuation and Control and Prevention (CDC), 255 East Program Budget to support outreach and Supplemental Receipt Date: July 1, Paces Ferry Road, NE., Room 321, continuing education activities to 1997. Mailstop E13, Atlanta, GA 30305, prepare, distribute, and conduct short An original and two copies of new, telephone (404) 842-6521, or by courses, seminars, and workshops. competing continuation and Internet, [email protected]. Programmatic 4. Hazardous Substance Training supplemental applications (Form CDC technical assistance may be obtained Programs Budget to support the 2.145A ERC or TPG) should be from John T. Talty, Principal Engineer, development and presentation of submitted to: Ron Van Duyne (ATTN: Office of Extramural Coordination and continuing education courses for David Elswick), Grants Management Special Projects, National Institute for professionals engaged in the Officer, Grants Management Branch, Occupational Safety and Health, Centers management of hazardous substances. Procurement and Grants Office, Centers for Disease Control and Prevention 5. Hazardous Substance Academic for Disease Control and Prevention (CDC), 4676 Columbia Parkway, Training Programs Budget to support (CDC), 255 East Paces Ferry Road, NE., Mailstop C–7, Cincinnati, OH 45226, the development and presentation of Room 321, Mailstop E13, Atlanta, GA telephone (513) 533–8241, or by specialized academic programs in 30305. Internet, [email protected]. hazardous substance management. 1. Deadline: Applications shall be Please refer to Announcement 6. Agricultural Safety and Health considered as meeting the deadline if Number 123 when requesting Academic Programs Budget to support they are either: information and submitting an the development and presentation of a. Received on or before the deadline application. Potential applicants may obtain a specialized academic programs and date, or copy of Healthy People 2000 (Full continuing education courses in b. Sent on or before the deadline date Report, Stock No. 017–001–00474–0) or agricultural safety and health. and received in time for submission to Healthy People 2000 (Summary Report, For Long-Term Training Project the independent review group. Stock No. 017–001–00473–1) through grants, the following factors will be (Applicants must request a legibly dated the Superintendent of Documents, considered in determining funding U.S. Postal Service postmark or obtain Government Printing Office, allocations. a legibly dated receipt from a Washington, DC 20402–9325, telephone commercial carrier or the U.S. Postal Academic Programs (202) 512–1800. Service. Private metered postmarks shall a. Budget to support programs not be acceptable as proof of timely Dated: May 9, 1997. primarily for personnel and other mailing.) Diane D. Porter, personnel-related costs. Advanced 2. Late Applications: Applications Acting Director, National Institute for (doctoral and post-doctoral), specialty which do not meet the criteria in 1.a. or Occupational Safety and Health, Centers for (master’s), and baccalaureate/associate 1.b. above are considered late Disease Control and Prevention (CDC). programs will be considered. [FR Doc. 97–12776 Filed 5–14–97; 8:45 am] b. Budget to support programs based applications. Late applications will not on program quality and need. Factors be considered in the current BILLING CODE 4163±19±P considered include faculty competition and will be returned to the commitment/breadth, faculty applicant. Non-Competing Continuation Receipt DEPARTMENT OF HEALTH AND reputation/strength, regional workforce HUMAN SERVICES needs, evaluation of impact, distinctive Date: November 15, 1997. An original and two copies of non- program contribution, interdisciplinary Centers for Disease Control and competing continuation applications interaction, and technical merit. Prevention c. Budget to support students based (Form CDC 2.145B ERC or TPG) should on the program level and the number of be submitted to: Ron Van Duyne (ATTN: Meeting students supported. David Elswick), Grants Management Officer, Grants Management Branch, In accordance with section 10(a)(2) of Executive Order 12372 Review Procurement and Grants Office, Centers the Federal Advisory Committee Act Applications are not subject to review for Disease Control and Prevention (Pub. L. 92–463), the Centers for Disease as governed by Executive Order 12372, (CDC), 255 East Paces Ferry Road, NE., Control and Prevention (CDC) Intergovernmental Review of Federal Room 321, Mailstop E13, Atlanta, GA announces the following committee Programs. 30305. meeting: Where To Obtain Additional Name: Safety and Occupational Health Public Health System Reporting Study Section [4] (SOHSS), National Institute Requirement Information for Occupational Safety and Health (NIOSH). This program is not subject to the To receive an application kit, call Time and Date: 1 p.m.—2 p.m., May 30, Public Health System Reporting (404) 332–4561. You will be asked your 1997. Place: The teleconference will originate at Requirements. name, address, and telephone number and will need to refer to Announcement the NIOSH Grants Office (OECSP), 1095 Willowdale Road, Morgantown, West Catalog of Federal Domestic Assistance 123. In addition, this announcement is Number Virginia, 26505–2888. also available through the CDC Home Status: The meeting will be closed in The Catalog of Federal Domestic page on the Internet. The address for the accordance with the provisions set forth in Assistance Number is 93.263. CDC Home Page is http://www.cdc.gov. sections 552b(c)(4) and 552b(c)(6), title 5 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26803
U.S.C., and the Determination of the DEPARTMENT OF HEALTH AND labeling may contain nutrient content Associate Director for Management and HUMAN SERVICES claims or health claims only if they are Operations, CDC, pursuant to Pub. L. 92–463. in compliance with regulations issued Application(s) and/or proposal(s) and the Food and Drug Administration by FDA. FDA has issued regulations in discussions could reveal confidential trade §§ 101.10, 101.13, and 101.14 (21 CFR secrets or commercial property such as [Docket No. 97N±0160] 101.10, 101.13, and 101.14) that set patentable material, and personal information concerning individuals Agency Information Collection forth the requirements for restaurants associated with the application(s) and/or Activities; Submission for OMB making nutrient content claims and proposal(s), the disclosure of which would Review; Comment Request health claims regarding their food constitute a clearly unwarranted invasion of products. Section 101.10 requires that personal privacy. AGENCY: Food and Drug Administration, nutrition labeling in accordance with Purpose: The Safety and Occupational HHS. § 101.9 (21 CFR 101.9) shall be provided Health Study Section will review, discuss ACTION: Notice. upon request for any restaurant food or and evaluate grant application(s) in response meal for which a nutrient content claim to NIOSH’s standard grants review and SUMMARY: The Food and Drug or health claim is made. This regulation funding cycles pertaining to research issues Administration (FDA) is announcing further provides that a restaurant may in occupational safety and health and allied that the proposed collection of comply with the requirements of § 101.9 areas. information listed below has been by providing information on the It is the intent of NIOSH to support broad submitted to the Office of Management based research endeavors in keeping with the nutrient amounts that are the subject of Institute’s program goals which will lead to and Budget (OMB) for review and the claim (e.g., ‘‘low fat, this meal improved understanding and appreciation for clearance under the Paperwork provides less than 10 grams of fat’’ may the magnitude of the aggregate health burden Reduction Act of 1995. serve as the functional equivalent of the associated with occupational injuries and DATES: Submit written comments on the complete nutritional information as illnesses, as well as to support more focused collection of information by June 16, described in § 101.9). For compliance research projects which will lead to 1997. purposes, a restaurant is required by improvements in the delivery of occupational ADDRESSES: Submit written comments §§ 101.13 and 101.14 to provide safety and health services and the prevention appropriate regulatory officials with of work-related injury and illness. It is on the collection of information to the anticipated that research funded will help Office of Information and Regulatory information that provides a reasonable implement the Institute’s vision statement: Affairs, OMB, New Executive Office basis to conclude that the food complies Delivering on the Nation’s Promise: Safety Bldg., 725 17th St. NW., rm. 10235, with the definition for the claim. For and Health at Work for All Washington, DC 20503, Attn: Desk example, a restaurant may choose to People. . .Through Research and Prevention. Officer for FDA. offer an item purchased from a Research funded will examine and evaluate FOR FURTHER INFORMATION CONTACT: commercial manufacturer where the current and emerging problems in Margaret R. Wolff, Office of Information item is appropriately labeled by the occupational safety and health in a variety of Resources Management (HFA–80), Food manufacturer as ‘‘low fat.’’ In such a settings for health and injured workers. and Drug Administration, 5600 Fishers case, the restaurant would not have to Agenda items are subject to change as collect any additional information. priorities dictate. Lane, rm. 16B–19, Rockville, MD 20857, Contact Person for More Information: 301–827–1223. Regulatory officials will use the information provided by the restaurant Pervis C. Major, Ph.D., Scientific Review SUPPLEMENTARY INFORMATION: In Administrator, Office of Extramural compliance with section 3507 of the in lieu of analysis to determine whether Coordination and Special Projects, Office of Paperwork Reduction Act of 1995 (44 nutrient content claims or health claims the Director, NIOSH, 1095 Willowdale Road, U.S.C. 3507), FDA has submitted the made by a restaurant concerning its food Morgantown, West Virginia 26505. following proposed collection of products are in compliance with the Telephone 304/285–5979. information to OMB for review and requirements of §§ 101.10, 101.13, and Dated: May 9, 1997. clearance: 101.14. FDA expects that restaurants Carolyn J. Russell, will choose the least burdensome option Director, Management Analysis and Services Food Labeling; Nutrient Content Claims that complies with the regulations. Office, Centers for Disease Control and and Health Claims; Restaurant Foods FDA estimates the burden resulting Prevention (CDC). Section 403(r) of the Federal Food, from the records retention and [FR Doc. 97–12724 Filed 5–14–97; 8:45 am] Drug, and Cosmetic Act (the act) (21 disclosure requirements of §§ 101.10, BILLING CODE 4163±19±P U.S.C. 343(r)) provides that food 101.13, and 101.14 as follows:
ESTIMATED ANNUAL REPORTING BURDEN
Annual 21 CFR Section No. of Frequency per Total Annual Hours per Total Hours Respondents Response Responses Response
101.10 265,000 1.5 397,500 0.25 99,375 101.13(q)(5)(ii) 101.14(d)(2)(vii)(B) and (d)(3)
ESTIMATED ANNUAL RECORDKEEPING BURDEN
Annual 21 CFR Section No. of Frequency per Total Annual Hours per Total Hours Recordkeepers Recordkeeping Records Recordkeeper
101.10 265,000 1.5 397,500 0.75 298,125 26804 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
ESTIMATED ANNUAL RECORDKEEPING BURDENÐContinued
Annual 21 CFR Section No. of Frequency per Total Annual Hours per Total Hours Recordkeepers Recordkeeping Records Recordkeeper
101.13(q)(5)(ii) and 101.14(d)(2)(vii)(B) There are no capital costs or operating and maintenance costs associated with this collection of information.
FDA estimates that there will be no also summarizes the procedures for the data on the safety and effectiveness, and more than 265,000 establishments to meeting and methods by which appropriate use of blood products which these regulations will apply. This interested persons may participate in intended for use in the diagnosis, estimate is based on data from the open public hearings before FDA’s prevention, or treatment of human National Restaurant Association. The advisory committees. diseases. estimates also reflect the fact that some FDA has established an Advisory Agenda—Open public hearing. firms, e.g., large restaurant chains, use Committee Information Hotline (the Interested persons may present data, the same standardized foods and hotline) using a voice-mail telephone information, or views, orally or in labeling for more than one system. The hotline provides the public writing, on issues pending before the establishment, thereby reducing the with access to the most current committee. Those desiring to make average burden per establishment. FDA information on FDA advisory committee formal presentations should notify the estimates that the average records meetings. The advisory committee contact person before May 19, 1997, and retention hour burden would be no hotline, which will disseminate current submit a brief statement of the general more than 0.7 hour and the average information and information updates, nature of the evidence or arguments disclosure hour burden would be no can be accessed by dialing 1–800–741– they wish to present, the names and more than 0.25 hour for no more than 8138 or 301–443–0572. Each advisory addresses of proposed participants, and 1.5 products per establishment. The committee is assigned a 5-digit number. an indication of the approximate time estimated number of products is based This 5-digit number will appear in each required to make their comments. on the average of 1 claim per menu or individual notice of meeting. The Open committee discussion. This other device, such as sign or placard, hotline will enable the public to obtain portion of the meeting is to allow for and 1.5 menus or other devices per information about a particular advisory any significant public or administrative establishment. committee by using the committee’s 5- announcements to be made prior to Although FDA’s total burden estimate digit number. Information in the hotline convening into the closed committee of 397,500 hours has not changed, an is preliminary and may change before a deliberations. estimate for reporting burden (99,375 meeting is actually held. The hotline Closed committee deliberations. The hours) has been added to reflect the will be updated when such changes are committee will discuss confidential and time necessary to comply with the made. personal privacy information relevant to the scientific site visit report of the disclosure requirements of these MEETING: The following advisory regulations. In FDA’s previous estimate committee meeting is announced: Laboratory of Plasma Derivatives, (61 FR 40320 at 40331, August 2, 1996), Division of Hematology, Office of Blood these hours were included as part of the Blood Products Advisory Committee Research and Review, Center for recordkeeping estimate. Because FDA Meeting Biologics Evaluation and Research. This now believes it is more appropriate to portion of the meeting will be closed to characterize disclosure as a reporting Date, time, and place. May 20, 1997, permit discussion of this information (5 burden, the recordkeeping estimate has 12:30 p.m., Woodmont I Bldg., U.S.C. 552b(c)(6)). been reduced accordingly. conference room B, 1401 Rockville Pike, FDA regrets that it was unable to Rockville, MD. publish this notice 15 days prior to the Dated: April 25, 1997. Type of meeting and contact person. May 20, 1997, Blood Products Advisory William K. Hubbard, This meeting will be held by a Committee meeting. Because the agency Associate Commissioner for Policy telephone conference call. A speaker believes there is some urgency to bring Coordination. telephone will be provided in the this issue to public discussion and [FR Doc. 97–12697 Filed 5–14–97; 8:45 am] conference room to allow public qualified members of the Blood BILLING CODE 4160±01±F participation in the meeting. Open Products Advisory Committee were committee discussion, 12:30 p.m. to 1 available at this time, the Commissioner p.m.; open public hearing, 1 p.m. to 2 of Food and Drugs concluded that it was DEPARTMENT OF HEALTH AND p.m., unless public participation does in the public interest to hold this HUMAN SERVICES not last that long; closed committee meeting even if there was not sufficient deliberations, 2 p.m. to 4 p.m.; Linda A. time for the customary 15-day public Food and Drug Administration Smallwood, Center for Biologics notice. Advisory Committee; Notice of Meeting Evaluation and Research (HFM–350), Each public advisory committee Food and Drug Administration, 1401 meeting listed above may have as many AGENCY: Food and Drug Administration, Rockville Pike, Rockville, MD 20852, as four separable portions: (1) An open HHS. 301–827–3514, or FDA Advisory public hearing, (2) an open committee ACTION: Notice. Committee Information Hotline, 1–800– discussion, (3) a closed presentation of 741–8138 (301–443–0572 in the data, and (4) a closed committee SUMMARY: This notice announces a Washington, DC area), Blood Products deliberation. Every advisory committee forthcoming meeting of a public Advisory Committee, code 12388. meeting shall have an open public advisory committee of the Food and General function of the committee. hearing portion. Whether or not it also Drug Administration (FDA). This notice The committee reviews and evaluates includes any of the other three portions Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26805 will depend upon the specific meeting through Friday. Summary minutes of public disclosure pursuant to the FACA, involved. The dates and times reserved the open portion of the meeting may be as amended; and, deliberation to for the separate portions of each requested in writing from the Freedom formulate advice and recommendations committee meeting are listed above. of Information Office (address above) to the agency on matters that do not The open public hearing portion of beginning approximately 90 days after independently justify closing. the meeting(s) shall be at least 1 hour the meeting. This notice is issued under section long unless public participation does The Commissioner has determined for 10(a)(1) and (a)(2) of the Federal not last that long. It is emphasized, the reasons stated that those portions of Advisory Committee Act (5 U.S.C. app. however, that the 1 hour time limit for the advisory committee meetings so 2), and FDA’s regulations (21 CFR part an open public hearing represents a designated in this notice shall be closed. 14) on advisory committees. minimum rather than a maximum time The Federal Advisory Committee Act Dated: May 9, 1997. for public participation, and an open (FACA) (5 U.S.C. app. 2, 10(d)), permits public hearing may last for whatever such closed advisory committee Michael A. Friedman, longer period the committee meetings in certain circumstances. Deputy Commissioner for Operations. chairperson determines will facilitate Those portions of a meeting designated [FR Doc. 97–12725 Filed 5–14–97; 8:45 am] the committee’s work. as closed, however, shall be closed for BILLING CODE 4160±01±F Public hearings are subject to FDA’s the shortest possible time, consistent guideline (subpart C of 21 CFR part 10) with the intent of the cited statutes. concerning the policy and procedures The FACA, as amended, provides that DEPARTMENT OF HEALTH AND for electronic media coverage of FDA’s a portion of a meeting may be closed HUMAN SERVICES public administrative proceedings, where the matter for discussion involves including hearings before public a trade secret; commercial or financial Food and Drug Administration advisory committees under 21 CFR part information that is privileged or Advisory Committee; Notice of Meeting 14. Under 21 CFR 10.205, confidential; information of a personal representatives of the electronic media nature, disclosure of which would be a AGENCY: Food and Drug Administration, may be permitted, subject to certain clearly unwarranted invasion of HHS. limitations, to videotape, film, or personal privacy; investigatory files ACTION: Notice. otherwise record FDA’s public compiled for law enforcement purposes; administrative proceedings, including information the premature disclosure of This notice announces a forthcoming presentations by participants. which would be likely to significantly meeting of a public advisory committee Meetings of advisory committees shall frustrate implementation of a proposed of the Food and Drug Administration be conducted, insofar as is practical, in agency action; and information in (FDA). The meeting will be open to the accordance with the agenda published certain other instances not generally public. in this Federal Register notice. Changes relevant to FDA matters. Name of Committee: Oncologic Drugs in the agenda will be announced at the Examples of portions of FDA advisory Advisory Committee. beginning of the open portion of a committee meetings that ordinarily may General Function of the Committee: meeting. be closed, where necessary and in To provide advice and Any interested person who wishes to accordance with FACA criteria, include recommendations to the agency on FDA be assured of the right to make an oral the review, discussion, and evaluation regulatory issues. presentation at the open public hearing of drafts of regulations or guidelines or Date and Time: The meeting will be portion of a meeting shall inform the similar preexisting internal agency held on June 23, 1997, 8:30 a.m. to 4:30 contact person listed above, either orally documents, but only if their premature p.m., and June 24, 1997, 9 a.m. to 4:30 or in writing, prior to the meeting. Any disclosure is likely to significantly p.m. An open public hearing portion is person attending the hearing who does frustrate implementation of proposed scheduled from 8:30 a.m. to 9:30 a.m. on not in advance of the meeting request an agency action; review of trade secrets June 23, 1997. opportunity to speak will be allowed to and confidential commercial or Location: Holiday Inn—Bethesda, make an oral presentation at the financial information submitted to the Versailles Ballrooms I and II, 8120 hearing’s conclusion, if time permits, at agency; consideration of matters Wisconsin Ave., Bethesda, MD. the chairperson’s discretion. involving investigatory files compiled Contact Person: Jannette O’Neil- The agenda, the questions to be for law enforcement purposes; and Gonzalez or Robinette Taylor, Center for addressed by the committee, and a review of matters, such as personnel Drug Evaluation and Research (HFD– current list of committee members will records or individual patient records, 21), Food and Drug Administration, be available at the meeting location on where disclosure would constitute a 5600 Fishers Lane, Rockville, MD the day of the meeting. clearly unwarranted invasion of 20857, 301–443–5455, or FDA Advisory Transcripts of the open portion of the personal privacy. Committee Information Line, 1–800– meeting may be requested in writing Examples of portions of FDA advisory 741–8138 (301–443–0572 in the from the Freedom of Information Office committee meetings that ordinarily shall Washington, DC area), code 12542. (HFI–35), Food and Drug not be closed include the review, Please call the Information Line for up- Administration, 5600 Fishers Lane, rm. discussion, and evaluation of general to-date information on this meeting. 12A–16, Rockville, MD 20857, preclinical and clinical test protocols Agenda: On June 23, 1997, the approximately 15 working days after the and procedures for a class of drugs or committee will discuss: (1) New drug meeting, at a cost of 10 cents per page. devices; consideration of labeling application (NDA) 20–709 for The transcript may be viewed at the requirements for a class of marketed ZyrkamineTM (mitoguazone Dockets Management Branch (HFA– drugs or devices; review of data and dihydrochloride, ILEX Oncology), 305), Food and Drug Administration, information on specific investigational indicated for treatment of AIDS 12420 Parklawn Dr., rm. 1–23, or marketed drugs and devices that have (acquired immune deficiency Rockville, MD 20857, approximately 15 previously been made public; syndrome)-related non-Hodgkin’s working days after the meeting, between presentation of any other data or lymphoma in patients who have been the hours of 9 a.m. and 4 p.m., Monday information that is not exempt from previously treated with at least one 26806 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices potentially curative regimen; and (2) (HCFA), Department of Health and designated at the following address: NDA 20–262/S–022 for Taxol for Human Services, is publishing the HCFA, Office of Financial and Human Injection Concentrate (paclitaxel, following summary of proposed Resources, Management Analysis and Bristol-Myers Squibb Pharmaceutical collections for public comment. Planning Staff, Attention: Louis Blank, Research Institute), indicated for Interested persons are invited to send Room C2–26–17, 7500 Security second-line treatment of AIDS-related comments regarding the burden Boulevard, Baltimore, Maryland 21244– Kaposi’s sarcoma. On June 24, 1997, the estimate or any other aspect of this 1850. committee will discuss: (1) NDA 20–794 collection of information, including any Dated: May 7, 1997. for LiazalTM Tablets (liarozole fumarate, of the following subjects: (1) The Janssen Research Foundation), indicated necessity and utility of the proposed Edwin J. Glatzel, for treatment of advanced prostate information collection for the proper Director, Management Analysis and Planning cancer in patients who relapsed after performance of the agency’s functions; Staff,Office of Financial and Human first-line hormonal therapy; and (2) (2) the accuracy of the estimated Resources. drafts of the FDA ‘‘Guidance for burden; (3) ways to enhance the quality, [FR Doc. 97–12764 Filed 5–14–97; 8:45 am] Industry: Providing Clinical Evidence of utility, and clarity of the information to BILLING CODE 4120±03±P Effectiveness for Human Drug and be collected; and (4) the use of Biological Products’’ and the FDA automated collection techniques or ‘‘Guidance for Industry: FDA Approval other forms of information technology to DEPARTMENT OF HEALTH AND of New Cancer Treatment Uses for minimize the information collection HUMAN SERVICES Marketed Drug and Biological burden. Products.’’ These documents are 1. Type of Information Collection Indian Health Service available on the internet at http:// Request: Extension of a currently www.fda.gov/cder/guidance/htm or approved collection; Title of Reimbursement Rates for Calendar submit written requests for single copies Information Collection: Medicare Year 1997 to the Drug Information Branch (HFD– Qualification Statement for Federal 210), Center for Drug Evaluation and Employees; Form No.: HCFA–565; Use: Notice is given that the Director of Research, Food and Drug This form is completed by individuals Indian Health Service, under the Administration, 5600 Fishers Lane, filing for hospital insurance (HI) authority of sections 321(a) and 322(b) Rockville, MD 20857. benefits (Part A) based upon their of the Public Health Service Act (42 Procedure: The meeting is open to the federal employment. This information is U.S.C. 248(a) and 249(b)) and section public. Interested persons may present necessary to determine if HCFA/SSA 601 of the Indian Health Care data, information, or views, orally or in can use federal employment prior to Improvement Act (25 U.S.C. 1601), has writing, on issues pending before the 1983 to qualify for free Part A. approved the following reimbursement committee. Written submissions may be Frequency: One time only; Affected rates for inpatient and outpatient made to the contact person by June 6, Public: Federal Government and medical care in facilities operated by the 1997. Those desiring to make formal Individuals or Households; Number of Indian Health Service for Calendar Year presentations should notify the contact Respondents: 4,300; Total Annual 1997: Medicare, and Medicaid person before June 6, 1997, and submit Hours: 731. Beneficiaries and Beneficiaries of other 2. Type of Information Collection a brief statement of the general nature of Federal Agencies. Also, with respect to Request: Reinstatement, without change, the evidence or arguments they wish to Medicaid inpatient rates, Indian Health of a previously approved collection for present, the names and addresses of Service Facilities may elect to receive which approval has expired; Title of payments for physician services by proposed participants, and an Information Collection: Third Party meeting those requirements under an indication of the approximate time Premium Billing Request, 42 CFR 408.6; approved State Medicaid plan. required to make their presentation. Form No.: HCFA–2384; Use: The Third Notice of this meeting is given under Party Premium Billing Request is used Inpatient Hospital Per Diem Rate the Federal Advisory Committee Act (5 as an authorization to designate that a (Excludes Physician Services) U.S.C. app. 2). family member or other interested party Dated: May 9, 1997. receive the Medicare Premium Bill and $760 (Lower 48 States) Michael A. Friedman, pay it on behalf of a Medicare $963 (Alaska) Deputy Commissioner for Operations. beneficiary. Frequency: On occasion; [FR Doc. 97–12726 Filed 5–14–97; 8:45 am] Affected Public: Individuals or Medicare Part B Inpatient Ancillary Per Diem Rate BILLING CODE 4160±01±F Households; Number of Respondents: 15,000; Total Annual Hours: 6,250. To obtain copies of the supporting $419 (Lower 48 States) DEPARTMENT OF HEALTH AND statement for the proposed paperwork $529 (Alaska) HUMAN SERVICES collections referenced above, access HCFA’s WEB SITE ADDRESS at http:// Outpatient Per Visit Rate Health Care Financing Administration www.hcfa.gov/regs/prdact95.htm, or to $152 (Lower 48 States) obtain the supporting statement and any [HCFA±565 and HCFA±2384] related forms, E-mail your request, $241 (Alaska) Agency Information Collection including your address and phone Outpatient Surgery Rate (Medicare Activities: Proposed Collection; number, to [email protected], or call Only) Comment Request the Reports Clearance Office on (410) 786–1326. Written comments and Established rates for freestanding In compliance with the requirement recommendations for the proposed Ambulatory Surgery Centers Consistent of section 3506(c)(2)(A) of the information collections must be mailed with previous annual rate revisions, Paperwork Reduction Act of 1995, the within 60 days of this notice directly to these rates will be effective for services Health Care Financing Administration the HCFA Paperwork Clearance Officer provided on/or after January 1, 1997. Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26807
Dated: April 22, 1997. Subject, City, State Effective Subject, City, State Effective Michael H. Trujillo, date date Assistant Surgeon General Director. Hammond-Dredden, Sarah E, Andrews, Roberta Lee, Lynch- [FR Doc. 97–12698 Filed 5–14–97; 8:45 am] Bridgeville, DE ...... 04/30/97 burg, VA ...... 04/30/97 BILLING CODE 4160±16±M Hanna, Charles B Jr, Blackmer, Brenda D, Keene, NH 05/06/97 Spartanburg, SC ...... 05/05/97 Buckner, Brenda, Detroit, MI ...... 05/06/97 Jamison, Victoria, Liverpool, NY .. 05/04/97 Denis, Guy Joseph, Orchard Park, DEPARTMENT OF HEALTH AND Kastner, Aaron, Dallas, TX ...... 04/27/97 NY ...... 05/04/97 HUMAN SERVICES Kramer, Constance, Garnerville, Fields, Gary Neal, Middletown, NY ...... 05/07/97 NY ...... 05/04/97 Office of Inspector General Meehan, Patrick M, Sheridan, WY 05/07/97 Hassen, Randy, Hamden, CT ...... 05/06/97 Mishra, Aruna, Pilesgrove, NJ ...... 05/07/97 Hollingsworth, Harold B, Des Program Exclusions: April 1997 Orthotic Technologies Lab, Inc., Moines, IA ...... 05/06/97 Schenectady, NY ...... 05/04/97 Hyatt, Ashley, Meridian, MS ...... 05/05/97 AGENCY: Office of Inspector General, Richards, Kenneth, Vacaville, CA 04/23/97 Jones, Beulah D, Yonkers, NY ..... 05/07/97 HHS Robinson, Aslean Patterson, De- Landman, Stephen H, Jackson, catur, GA ...... 05/05/97 ACTION: Notice of program exclusions. MI ...... 04/28/97 Sanchez, Arlene, Albuquerque, Like, Gary D, Flint, MI ...... 05/06/97 NM ...... 04/27/97 During the month of April 1997, the McGinn, Trudy A, Traverse City, Seshadri, Rajgopal, Great River, MI ...... 04/28/97 HHS Office of Inspector General NY ...... 05/07/97 Meldman, Louis W, Birmingham, imposed exclusions in the cases set Simmons, Cheryl Scoby, Ft MI ...... 05/06/97 forth below. When an exclusion is Worth, TX ...... 05/19/97 Mendoza, Samuel, Dearborn, MI 05/06/97 imposed, no program payment is made Weed, Merton Eric Jr, Freedom, Miller, Joel E, Kalamazoo, MI ...... 04/28/97 payment is made to anyone for any ME ...... 05/07/97 Phebus, John B, Vineland, NJ ..... 05/07/97 items or services (other than an Powell, Daniel S, Plainwell, MI ..... 05/06/97 emergency item or service not provided Patient Abuse/Neglect Convictions Sripinyo, Veera, Canton, MI ...... 05/06/97 Welner, Alan Howard, Philadel- in a hospital emergency room) Burton, Cynthia Ann, Amite, LA ... 04/27/97 phia, PA ...... 04/30/97 furnished, ordered or prescribed by an Christian, Ruby A, El Dorado, AR 04/27/97 excluded party under the Medicare, Delvecchio, Robin, Warwick, RI ... 05/06/97 Federal/State Exclusion/Suspension Medicaid, Maternal and Child Health Duran, Juan, Sante Fe, NM ...... 04/27/97 Services Block Grant and Block Grants Gehay, Margaret A, Enid, OK ...... 04/27/97 Kilpatrick, Troy Frank, Oneonta, to States for Social Services programs. Hardiman, Robert Jr, Prescott, AR 04/27/97 AL ...... 05/05/97 In addition, no program payment is Herrmann, Peter F, Albuquerque, Mack, Gloria Jean, Wild Rose, WI 05/06/97 made to any business or facility, e.g., a NM ...... 04/27/97 Reid-Harris, Pamela, Brooklyn, Hines, Charles Edward, Fort NY ...... 05/07/97 hospital, that submits bills for payment Worth, TX ...... 04/27/97 for items or services provided by an Shahbaz, Mohammad, Brooklyn, Horace, John L, Rochester, NY ... 05/07/97 NY ...... 05/04/97 excluded party. Program beneficiaries Joshua, Amanda Beth, Shreve- remain free to decide for themselves port, LA ...... 04/27/97 Owned/Controlled by Convicted/Excluded whether they will continue to use the Molter, Jimmie Ray Jr, Fredericks- services of an excluded party even burg, TX ...... 04/27/97 Glad Medical Supply, Hawthorne, though no program payments will be O'Neal, Clara Evelyn, Pollock, LA 04/27/97 CA ...... 04/23/97 made for items and services provided by Oliver, Kevin L, Arkadelphia, AR .. 04/27/97 Street Chiropractic Clinic Inc, Hia- that excluded party. The exclusions Riggins, Jewell, Parkin, AR ...... 04/27/97 leah, FL ...... 05/05/97 Rynders, Phillip, Newark, DE ...... 04/30/97 have national effect and also apply to all Tomas, Gregorio A, Newark, DE .. 04/30/97 Default on Heal Loan Executive Branch procurement and non- Torres-Gomez, Harold, Camden, procurement programs and activities. NJ ...... 05/07/97 Aiken, Richard F, El Segundo, CA 05/06/97 Vaughan, Kehinde, New Castle, Angel, Marilyn W, Greensburg, Subject, City, State Effective DE ...... 04/30/97 PA ...... 04/30/97 date Weisinger, Jerry, Athens, TX ...... 04/27/97 Arnold, Dorienne Marie Grewing, Woodard, Tommy, Alexandria, LA 04/27/97 Program-Related Convictions Sacramento, CA ...... 04/23/97 Asamoah-Mensah, Nana Y, Hern- Conviction for Health Care Fraud Anderson, Arnold, Madison Hgts, don, VA ...... 04/30/97 Azgorov, Todor P, Los Angeles, VA ...... 04/30/97 Chigirinsky, Lyubov, Mission CA ...... 05/06/97 Bingham, Rufus, Texarkana, TX .. 04/27/97 Viejo, CA ...... 05/06/97 Azzopardi, Thomas J, Salinas, CA 04/23/97 Bingham Transportation, Tex- Felsenberg, Stanley Zvi, Towson, Bernius, Gregory L, Peachtree arkana, TX ...... 04/27/97 MD ...... 04/30/97 City, GA ...... 05/05/97 Brown, Virginia Baker, New Orle- Keen, Tammy, Bradley, IL ...... 05/06/97 Bleyaert, Lamont J, Woodstock, ans, LA ...... 04/27/97 Khazanovich, Edgar, Mission GA ...... 05/05/97 Cassidy, Thomas M, Eglin AFB, Viejo, CA ...... 05/06/97 Buckwalter, John Galen, Redondo FL ...... 05/05/97 Roane, Brenda A, New Castle, Beach, CA ...... 04/23/97 Cetner, Cherie Latessa, Cape DE ...... 04/30/97 Coral, FL ...... 05/05/97 Bukowski, Todd M, Annandale, Chung, Dongha H, Anderson, SC 05/05/97 Controlled Substance Convictions VA ...... 04/30/97 Coley, Alfred Sr, Yorktown, PA .... 04/30/97 Capilli, Michael A, Oceanport, NJ 05/04/97 Corbitt, James R, Chesapeake, Martin, Mark, Colonial Hgts, VA ... 04/30/97 Castillo, Steven A, Jersey City, NJ 05/04/97 OH ...... 05/19/97 Christensen, Casey D, Whittier, Edwards, Dwayne A, Aiken, SC ... 05/05/97 License Revocation/Suspension/Surrender CA ...... 05/06/97 Fisher, Eldon L, Brookfield, MO ... 05/06/97 Crarey, Patrick E, Hyattsville, MD 04/30/97 Flores, Rony, Massapequa Park, Alajrad, Muhannad, Caro, MI ...... 05/06/97 Dankman, Mark I, Lafayette, CA .. 04/23/97 NY ...... 05/07/97 Aldrich, Patty K, West Branch, IA 05/06/97 Dew, John L Jr, Norfolk, VA ...... 04/30/97 26808 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
Effective Effective (OMB) a request to review and approve Subject, City, State date Subject, City, State date the information collection listed below. This proposed information collection Donigan, William T Jr, Osage Moretti, Jeffrey S, Poughkeepsie, was previously published in the Federal City, KS ...... 05/07/97 NY ...... 05/06/97 Register on December 16, 1996, page Murphy, Kevin V, Fraser, MI ...... 04/28/97 Durojaye, Ojebode A, Bronx, NY 05/06/97 66053 and allowed 60 days for public Elia, Harry R, Woodcliff Lake, NJ 05/07/97 Navai, Mehdi N, Alhambra, CA .... 04/23/97 Fabrega, Cathye Davis, Monterey Neira, Alejandro III, Albuquerque, comment. No public comments were Park, CA ...... 04/23/97 NM ...... 04/27/97 received. The purpose of this notice is Feldman, Donald S, Peekskill, NY 05/06/97 Norville, Michael T, Costa Mesa, to allow an additional 30 days for the Formaker, James W, Santa CA ...... 04/23/97 public comment. The National Institutes Monica, CA ...... 05/06/97 Nowroozi, Sohrab, New York, NY 05/06/97 of Health may not conduct or sponsor, Fulton, Debra, Toledo, OH ...... 04/28/97 Patel, Narayan S, Jackson and the respondent is not required to Ganden, Richard S, Olean, NY .... 05/04/97 Heights, NY ...... 05/07/97 respond to, an information collection Ganiyu, Kehinde M, Dyer, IN ...... 04/28/97 Rice, Sterling Thomas, Kansas that has been extended, revised, or City, MO ...... 04/28/97 Gearhart, Cindy L, Lakewood, CA 05/06/97 implemented on or after October 1, Gonzalez, Nilda, Brooklyn, NY ..... 05/07/97 Rios, Emanuel J, Pasadena, CA .. 04/23/97 Schleicher, Kyle S, Santa Monica, 1995, unless it displays a currently valid Gray, Albert L, Lynbrook, NY ...... 05/06/97 OMB control number. Gregory, Edward S, Roosevelt, CA ...... 04/23/97 NY ...... 05/06/97 Schwontkowski, Donna L, Salt PROPOSED COLLECTION: Title: NCI Cancer Harper, Tracy E, Natchitoches, LA 04/27/97 Lake City, UT ...... 05/07/97 Information Service Demographic/ Heese, Kit L, Carroll, IA ...... 04/28/97 Spivey, Douglas V, Cape Coral, Customer Service Data Collection. Type Helgeson, Merle C, Newport, KY 05/05/97 FL ...... 05/05/97 of Information Collection Requested: Hendricks, Craig B, Tyler, TX ...... 04/27/97 Styler, Richard L, San Diego, CA 05/06/97 Tolbert, William Jr, Los Feliz, CA 04/23/97 Reinstatement with change of a Hetzel, William A, Winchester, OH 04/28/97 currently approved collection. Form Hobowsky, Martin R, Richmond Tsiotsias, Aftemios G, Hollywood, FL ...... 05/05/97 Number: 0937–0201. Need and Use of Heights, OH ...... 04/28/97 Information Collection: The CIS Holloway, Jill B, Elmont, NY ...... 05/04/97 Underwood, Paul D, Yonkers, NY 05/07/97 Hughes, Jill A, St James, NY ...... 05/06/97 Walters, Jerome P, Glendale, AZ 04/23/97 provides the general public, cancer Wilkes, Craig A, Corona, CA ...... 04/23/97 Hughes, Joseph R Jr, San Diego, patients, families, health professionals, Worth, Kelly G, Anaheim, CA ...... 05/06/97 CA ...... 04/23/97 and others with the latest information Iqal, Robert S, Claremont, CA ...... 04/23/97 on cancer. Essential to providing the Jenewari, Elsie, Sewell, NJ ...... 05/06/97 Dated: April 9, 1997. best customer service is the need to Johnson, Howard D, Bridgeville, William M. Libercci, collect data about callers and how they PA ...... 04/30/97 Director, Health Care Administrative found out about the service. This effort Kent, Donald E, Berkeley, CA ...... 04/23/97 Sanctions, Office of Enforcement and involves asking seven questions to five Knight, Patricia A, Sayville, NY .... 05/04/97 Compliance. categories of callers for an annual total Leconte, Isabelle, Cambridge, MA 05/06/97 [FR Doc. 97–12763 Filed 5–14–97; 8:45 am] of approximately 378,165 callers. Lee, Kyong Mu, La Palma, CA ..... 04/23/97 BILLING CODE 4150±04±P Lim, Jhang Hyung, Fresno, CA .... 05/06/97 Frequency of Response: Single time. Loughead, Thomas R, Pittsburgh, Affected Public: Individuals or households. Type of Respondents: PA ...... 04/30/97 DEPARTMENT OF HEALTH AND Mark, Jeffrey, Berkeley, CA ...... 05/06/97 Patients, relatives, friends, and general Matalon, Ofer I, Santa Rosa, CA 05/06/97 HUMAN SERVICES public. The annual reporting burden is McDonough, Lawrence P, as follows: Estimated Number of National Institutes of Health Rumson, NJ ...... 05/04/97 Respondents: 378,165; Estimated McGregor, Floyd A, Huntington Number of Responses per Respondent: Park, CA ...... 04/23/97 Submission for OMB Review; Comment Request 1; Average Burden Hours Per Response: McLeod, Herbert W, 0162; and Estimated Total Annual Lawrenceville, GA ...... 05/05/97 SUMMARY: Under the provisions of McWhinnie, Clarence E Jr, Los Burden Hours Requested: 6,126. The Angeles, CA ...... 05/06/97 Section 3506(c)(2)(A) of the Paperwork annualized cost to respondents is Miller, Bradley G, Los Angeles, Reduction Act of 1995, the National estimated at: $76,693. There are no CA ...... 04/23/97 Cancer Institute (NCI), the National Capital Costs to report. There are no Millns, Mark C, Toledo, OH ...... 04/28/97 Institutes of Health (NIH) has submitted Operating or Maintenance Costs to Monk, Melcher F, Bronx, NY ...... 05/04/97 to the Office of Management and Budget report.
Estimated Estimated Estimated number of Average total annual Type of respondents number of responses burden burden respondents per re- hours per hours re- spondent response quested
Individuals or households ...... 378,165 1 .0162 6,126 Total ...... 6,126
Request for Comments necessary for the proper performance of methodology and assumptions used; (3) the function of the agency, including Ways to enhance the quality, utility, and Written comments and/or suggestions whether the information will have clarity of the information to be from the public and affected agencies practical utility; (2) The accuracy of the collected; and (4) Ways to minimize the are invited on one or more of the agency’s estimate of the burden of the burden of the collection of information following points: (1) Whether the proposed collection of information, on those who are to respond, including proposed collection of information is including the validity of the the use of appropriate automated, Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26809 electronic, mechanical, or other Maryland 20852–3804 (telephone 301/ application (U.S. Serial No. 08/599,808) technological collection techniques or 496–7057; fax 301/402–0220). A signed with the PTO. The P450 3A4 has likely other forms of information technology. Confidential Disclosure Agreement the largest number of known drug (CDA) will be required to receive copies substrates than any other P450. The Direct Comments to OMB of the patent applications. P450 2E1 also metabolizes some drugs Written comments and/or suggestions and has high activity towards smaller regarding the item(s) contained in this Agents That Bind To and Inhibit Human Cytochrome P450 2D6 molecules which are found in the notice, especially regarding the environment and which may be toxic. estimated public burden and associated HV Gelboin, FJ Gonzalez, KW Krausz (portfolios: Internal Medicine—Research response time, should be directed to the: (NCI) Materials; Cancer—Research Materials, Office of Management and Budget, OTT Ref. No. E–46–97/0 filed 22 Jan. 97 MAb based; Internal Medicine— Office of Regulatory Affairs, New Licensing Contact: Leopold J. Luberecki, Diagnostics; Cancer—Diagnostics, in Executive Office Building, Room 10235, Jr., 301/496–7735 ext 223 vitro, MAb based) Washington, DC 20503, Attention: Desk This invention concerns monoclonal Officer for NIH. To request more antibodies (MAbs) and other binding Vanilloid Agonists for Desensitization information on the proposed project or agents specific for the 2D6 subgroup of of C-Fiber Sensory Afferent Neurons to obtain a copy of the data collection cytochrome P450 enzymes. The PM Blumberg, T Biro, P Acs, G Acs plans and instruments, contact: Chris cytochrome P450s are the metabolic (NCI) Thomsen, Chief, Cancer Information interface between xenobiotics and their Serial No. 60/030,999 filed 15 Nov 96 Service Branch, OCC, OD, NCI, Building metabolism in human and other species Licensing Contact: Leopold J. Luberecki, 31, Room 10A16, 9000 Rockville Pike, as well as for the metabolism of Jr., 301/496–7735 ext 223 endobiotics. A large array of drugs, Bethesda, MD 20892, or call non-toll- Capsaicin has been proven to have mutagens, carcinogens, pesticides, free number (301) 496–5583 ext. 239 or therapeutic utility in the treatment of environmental chemicals, fatty acids, E-mail your request, including your arthritis, pruritis, bladder hyperreflexia, bile acids, and steroids are metabolized address to: [email protected] allergic responses including rhinitis, by individual forms of cytochrome and pain, including pain associated Comments Due Date P450. The invention involves the with cancer, peripheral neuropathies, Comments regarding this information construction, isolation, and production and postherpetic neuralgia. For a collection are best assured of having of MAbs that specifically bind to human number of these indications, their full effect if received on or before cytochrome P450 and 2D6 and that applications have been found in June 16, 1997. specifically inhibit the enzyme activity of human cytochrome P450 and lack veterinary as well as human medicine. Dated: May 6, 1997. specific binding to other human Recent advances have identified Nancie L. Bliss, cytochrome P450s. These MAbs can be capsaicin analogs with ultrapotency and OMB Project Clearance Liaison. used to assess adverse reactions in with a more favorable spectrum of [FR Doc. 97–12782 Filed 5–14–97; 8:45 am] patients to compounds and to identify action, as well as subclasses of capsaicin BILLING CODE 4140±01±M populations that would exhibit different receptors with different effects on sensitivities to the therapeutic or toxic desensitization. This invention effects of compounds. Cytochrome P450 describes a method of administering to DEPARTMENT OF HEALTH AND 2D6, also known as debrisoquine a capsaicin-sensitive animal a HUMAN SERVICES hydroxylase, is the best characterized therapeutically effective combination of polymorphic P450 in the human capsaicin agonists and capsaicin-like National Institutes of Health population. Genetic differences in antagonists which are more effective cytochrome P450 2D6 may be associated than the agonist alone at desensitizing a Government-Owned Inventions; vanilloid responsive cell, and thereby Availability for Licensing with increased risk of developing environmental and occupational based improve the therapeutic index of the AGENCY: National Institutes of Health, diseases. In addition, several drugs for capsaicin agonist and overall treatment. HHS. treating cardiovascular and psychiatric Also described are pharmaceutical ACTION: Notice. disorders are known substrates of compounds which are effective in this cytochrome P450 2D6, and these method. (portfolios: Central Nervous The inventions listed below are compounds could be more readily System—Therapeutics, neurological, owned by agencies of the U.S. prescribed to normal metabolizers as narcotics and analgesics; Internal Government and are available for assessed using the MAbs described in Medicine—Therapeutics, other) licensing in the U.S. in accordance with the invention. The list of compounds Sustained-Release Derivatives of 35 U.S.C. 207 to achieve expeditious β includes -blockers and Hydroxylated Analogs of Substituted 1- commercialization of results of antiarrhythmics, psychoactive drugs [2[bis(aryl)methoxy]-ethyl]-Piperazines federally-funded research and including tricyclic antidepressants, and and-Homopiperazines and Their Use development. Foreign patent a variety of other commonly used drugs As Noncompetitive Antagonists of applications are filed on selected including codeine and Dopamine Reuptake Inhibitors inventions to extend market coverage dextromethorphan. A provisional patent for U.S. companies and may also be application for this invention has been RB Rothman (NIDA), KC Rice (NIDDK), available for licensing. filed with the U.S. Patent and DB Lewis (NIDDK), D Matecka ADDRESSES: Licensing information and Trademark Office (PTO). (NIDDK), JR Glowa (NIDDK) copies of the U.S. patent applications An adjunct technology to this Serial No. 60/030,248 filed 31 Oct 96 listed below may be obtained by writing invention that is available for licensing Licensing Contact: Leopold J. Luberecki, to the indicated licensing contact at the involves two inhibitory monoclonal Jr., 301/496–7735 ext 223 Office of Technology Transfer, National antibodies to human P450 3A4 and Cocaine abuse and addiction is a Institutes of Health, 6011 Executive human P450 2E1 that have been major public health problem in the Boulevard, Suite 325, Rockville, developed and filed as a separate patent United States and several other 26810 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices countries. The biomedical and antiparkinsonian; Central Nervous involving stages that reside in both psychosocial cost of cocaine abuse and System—Therapeutics, neurological, humans and mosquitoes. Vaccines that addiction is considerable, and to date, Alzheimer’s; Central Nervous System— are able to inhibit the transmission of there is no effective treatment for Therapeutics, neurologial, other; the disease at a variety of stages in the addiction. In an effort to develop an Internal Medicine—Therapeutics) complex life cycle of the malarial efficacious treatment for cocaine parasite might provide an opportunity Novel Human Cancer Antigen of addiction, this invention describes to effectively control and possible Tyrosinase-Related Proteins 1 and 2 sustained-release derivatives of eradicate this disease. This invention and Genes Encoding Same hydroxylated analogs of substituted 1- relates to the generation of transmission- [2bis(arly)methoxy]ethyl]-piperazines RF Wang, SA Rosenberg (NCI) blocking antibodies to two sexual stage and-homopiperazines. These Serial No. 08/599,602 filed 06 Feb 96 surface antigens, Pfs 25 and Pfs 28. Two compounds bind to the dopamine and Serial No. 08/725,736 filed 04 Oct issued patents cover the use of these transporter but do not inhibit dopamine 96 (CIP) antigens separately as transmission- reuptake, thereby providing a sustained Licensing Contact: Joseph Contrera, 301/ blocking vaccines. The claims of the increase in the level of extracellular 496–7056 ext 244 current invention relate to the dopamine and providing the drug Tumor infiltrating lymphocytes (TIL) production of fusion proteins between abuser with some relief from drug from a melanoma patient showing these two surface antigens that have craving due to dopamine deficiency, yet regression were found to recognize increased potency as immunogens and they simultaneously inhibit cocaine epitopes from a protein designated ease of manufacture. (portfolios: from further elevating the level of gp75, now known as tyrosinase related Infectious Diseases—Vaccines, parasite) extracellular dopamine and increasing protein 1 (TRP–1). The inventors found the probability of additional toxic side Prostate Specific Antigen Oliog-Epitope that the antigen recognized by the TIL Peptide effects. These derivatives have been was encoded by that gene but that was shown to produce moderate to long- not the normal gene product. The TIL J Schlom, K Tsang, S Zaremba (NCI) acting attenuation of cocaine-induced recognized a nine-amino acid peptide Serial No. 08/618,936 filed 20 Mar 96 activation of mesolimbic dopamine (ORF3P) which is the product of an Licensing Contact: Joseph Contrera, 301/ neurons in rhesus monkeys, resulting in alternative reading frame (ORF3). 496–7056 ext 244 decreased cocaine self-administration ORF3P cannot be lengthened or Prostate Specific Antigen (PSA) is without concurrent effects on food shortened without loss of antigenicity. expressed in a majority of prostate response. The present invention The TRP–1 ORF3P antigen is only found cancers, and represents a potential provides these sustained-release in melanoma cells, melanocytes and target for immunotherapy. Previous derivatives, pharmaceutical normal retina. This technology was studies have shown that two specific compositions comprising the same, and described in U.S. patent application 08/ PSA peptides, PS1 and PS3, are capable a method of using such sustained 599,602 filed February 6, 1996. of eliciting cytotoxic T-cell responses. release derivatives as a treatment for The present invention is a CIP of 08/ The current invention embodies an cocaine addiction. (portfolio: Central 599,602 and was filed October 4, 1996. oligopeptide, PSA–OP, which is Nervous System—Therapeutics, This CIP application contains a novel comprised of the sequence for peptides psychotherapeutics, drug dependence) tumor antigen (TRP–2) which was PS1 and PS3. PS1 and PS3 are antigenic Isolation and Use of Tissue Growth- recognized by CTL clones derived from epitopes of PSA and are joined by a Inducing FRZB Protein TIL. However, TRP–2 was recognized by peptide linker sequence to form PSA– FP Luyten (NIDR), M Moos Jr. (FDA), B CTL clones which are capable of OP. PSA–OP has been shown, in vitro, Hoang (FDA), S Wang (FDA) recognizing the ORF3P. A new antigenic to be effective in eliciting a cytotoxic T- Serial No. 08/729,452 filed 11 Oct 96 peptide (TRP197–205) was identified cell response. This novel peptide, Licensing Contact: Jaconda Wagner, from the TRP–2 product. The subject therefore, may be used in the 301/496–7735 ext 284 matter of both the parent and CIP development of vaccines for use in the A secretable protein, named FRZB applications were combined in a prevention and treatment of prostate because of its homology to the subsequent PCT application filed cancer. (portfolio: Cancer— Drosophila gene frizzled, has been February 6, 1997. Therapeutics) The use of the methods described in isolated from cartilage. This protein Immortal Human Prostate Epithelial the present invention could provide a appears to be involved in the formation Cell Cultures and Their Applications in form of cancer immunotherapy for of cartilage, bone, neural and muscle the Research and Therapy of Prostate melanoma. (portfolios: Cancer— tissue. A pharmaceutical composition of Cancer this protein may be used as regenerative Therapeutics, vaccines; Cancer— agent to treat degenerative disorders, Diagnostics, in vitro, MAb based) SL Topalian, WM Linehan, RK Bright, (i.e., Huntingdon’s, Alzheimer’s, or CD Vocke (NCI) PFS25–28 Fusion as a Malaria OTT Reference No. E–053–96/0 (USSN spinal cord injuries), myodegenerative Transmission Blocking Vaccine disorders (i.e., muscular dystrophy, 60/011,042 filed 02 Feb 96) and OTT myasthenia gravis, or myotonic DC Kaslow, MM Gozar (NIAID) Reference No. E–017–97/0 (CIP of E– myopathies) and osteodegenerative Serial No. 60/027,390 filed 30 Sept 96 053–96/0) disorders (i.e., osteoporosis or Licensing Contact: Gloria Richmond, Licensing Contact: Joseph Contrera, 301/ osteoarthritis). In addition, FRZB 301/496–7056 ext 268 496–7056 ext 244 directly interacts with the Wnt family of Malaria is estimated to cause two to The invention describes the further signaling molecules and inhibits their four million deaths per year, and 200 to characterization of single cell clones biological function in vivo. This 400 million people are infected derived from the prostate tumor cell provides the opportunity to selectively annually with the deadliest of the lines disclosed in the earlier application block Wnt driven diseases including protozoans that cause the disease, (E–053–96/0). The isolation and neoplasias. (portfolios: Central Nervous Plasmodium falciparum. The life cycle characterization of long-term human System—Therapeutics, neurological, of the malarial parasite is very complex, prostatic epithelial cell cultures from Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26811 primary adenocarcinomas of the provides a method for isolating MIF DEPARTMENT OF HEALTH AND prostate is significant in that efforts to from the ocular lens. (portfolio: HUMAN SERVICES establish long-term cultures of cells of Ophthalmology—Therapeutics; Internal this type have been exceptionally Medicine—Therapeutics, anti- National Institutes of Health difficult. inflammatory) National Institute of Arthritis and The present invention describes the Dated: April 28, 1997. characterization of single cell clones Musculoskeletal and Skin Diseases; derived from the prostate tumor cell Barbara M. McGarey, Notice of Meeting; National Arthritis lines disclosed in the earlier Deputy Director, Office of Technology and Musculoskeletal and Skin application. These new clones exhibit Transfer. Diseases Advisory Council traits which may indicate their [FR Doc. 97–12783 Filed 5–14–97; 8:45 am] Pursuant to Pub. L. 92–463, notice is usefulness as an in vitro model of BILLING CODE 4140±01±W hereby given of a meeting of the human prostate cancer. The single cell clones are paired normal and tumor cell National Arthritis and Musculoskeletal clones where the latter exhibit allelic DEPARTMENT OF HEALTH AND and Skin Diseases Advisory Council to loss of heterozygosity (LOH) indicating HUMAN SERVICES provide advice to the National Institute of Arthritis and Musculoskeletal and the presence of unique genetic National Institutes of Health deletions. This loss may suggest that Skin Diseases (NIAMS) on June 5, 1997, these cells express unique proteins or in Conference Room 6, Building 31, National Cancer Institute; Notice of National Institutes of Health, Bethesda, antigens which might be of tremendous Closed Meeting value in prostate cancer research. The Maryland. subject matter of both the parent and Pursuant to the Federal Advisory The meeting will be open to the CIP applications were combined in a Committee Act, as amended (5 U.S.C. public June 5 from 8:30 a.m. to 12:00 subsequent PCT application filed Appendix 2), notice is hereby given of p.m. to discuss administrative details January 30, 1997. a meeting of the President’s Cancer relating to Council business and special Possible uses of these cells include Panel. This meeting will be closed in reports. Attendance by the public will testing various anti-cancer agents and accordance with the provisions of be limited to space available. subtraction studies for identification of section 552b(c)(9)(B), Title 5, U.S.C., for The meeting of the Advisory Council gene deletions. These lines could discussion and preparation of the will be closed to the public on June 5 establish a new basis for possible cancer Annual Report of the Chair to the from 1:00 p.m. to adjournment in vaccines and also be used to develop President for 1996. These discussions accordance with provisions set forth in monoclonal antibodies against specific could disclose information, the secs. 552b(c)(4) and 552b(c)(6), Title 5 prostate cancer antigens. (portfolios: premature disclosure of which would be U.S.C. and sec. 10(d) of Pub. L. 92–463, Cancer—Therapeutics, vaccines; likely to significantly frustrate for the review, discussion and Cancer—Therapeutics, implementation of proposed action the evaluation of individual grant immunomodulators and Panel may plan to take. applications. These deliberations could immunostimulants) reveal confidential trade secrets or Linda Quick-Cameron, Committee commercial property, such as patentable Macrophage Migration Inhibitory Management Officer, National Cancer material, and personal information Factor (MIF) Institute, Executive Plaza North, Room concerning individuals associated with 630E, 6130 Executive Blvd., MSC 7410, Graeme J. Wistow (NEI) the applications, disclosure of which Bethesda, MD 20892–7410 (301/496– Serial No. 08/202,486 filed 28 Feb 94 would constitute a clearly unwarranted 5708) will provide a summary of the (allowed); DIV of U.S. Patent invasion of personal property. meeting and the roster of committee 5,328,990 issued 12 Jul 94 Individuals who plan to attend and members upon request. Other Licensing Contact: Jaconda Wagner, need special assistance, such as sign information pertaining to the meeting 301/496–7735 ext 284 language interpretation or other may be obtained from the contact The protein known as macrophage reasonable accommodations, should person indicated below. migration inhibitory factor (MIF) was contact Dr. Steven Hausman, Executive one of the first cytokines to be Committee Name: President’s Cancer Secretary, National Arthritis and discovered. Thirty-years ago it was Panel. Musculoskeletal and Skin Diseases described as a T-cell-derived factor that Date: May 22, 1997. Advisory Council, NIAMS, Natcher inhibited the random migration of Place: La Guardia Marriott, 102–05 Ditmars Boulevard, E. Elmhurst, New York 11369. Building, Room 5AS–13, Bethesda, macrophages in vitro. Today, MIF is Maryland 20892 (301) 594–2463. known to be a mediator of the function Closed: 8:30 a.m. to 5:30 p.m. Agenda: Finalization of the Annual Report A summary of the meeting and roster of macrophages in host defense and its of the Chairman to the President. of the members may be obtained from expression correlates with delayed Contact Person: Maureen O. Wilson, Ph.D., the Extramural Programs Office, hypersensitivity and cellular immunity. Executive Secretary, National Cancer NIAMS, Natcher Building, Room 5AS– It plays an important role in the Institute, Building 31, Room 4A48, Bethesda, 13, National Institutes of Health, inflammatory response and is associated MD 20892–2473, Telephone: (301) 496–1148. Bethesda, Maryland 20892 (301) 594– This notice is being published less than 15 with cell differentiation. As with other 2463. lymphokines, MIF could have days prior to the meeting due to the urgent therapeutic values in stimulating the need to proceed with the finalization of the (Catalog of Federal Domestic Assistance immune system and other cells. Hardly Annual Report of the Chairman to the Program No. 93.846, Arthritis, Bone and Skin President. Diseases, National Institutes of Health) abundant from other sources, the high concentration of the protein that has Dated: May 8, 1997. Dated: May 9, 1997. been found in the eye lens could be a LaVerne Y. Stringfield, LaVerne Y. Stringfield, useful source for research. The present Committee Management Officer, NIH. Committee Management Officer, NIH. invention provides the DNA that [FR Doc. 97–12781 Filed 5–14–97; 8:45 am] [FR Doc. 97–12778 Filed 5–14–97; 8:45 am] encodes MIF. A related invention BILLING CODE 4140±01±M BILLING CODE 4140±01±M 26812 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
DEPARTMENT OF HEALTH AND Name of SEP: Clinical Sciences. Dated: May 9, 1997. HUMAN SERVICES Date: May 22, 1997. LaVerne Y. Stringfield, Time: 1:00 p.m. Committee Management Officer, NIH. National Institutes of Health Place: NIH, Rockledge 2, Room 4112, Telephone Conference. [FR Doc. 97–12780 Filed 5–14–97; 8:45 am] National Institute of Diabetes and Contact Person: Dr. Gopal Sharma, BILLING CODE 4140±01±M Digestive and Kidney Diseases; Notice Scientific Review Administrator, 6701 of Closed Meeting Rockledge Drive, Room 4112, Bethesda, Maryland 20892, (301) 435–1783. DEPARTMENT OF HEALTH AND Pursuant to Section 10(d) of the Name of SEP: Biological and Physiological HUMAN SERVICES Federal Advisory Committee Act, as Sciences. amended (5 U.S.C. Appendix 2), notice Date: May 29, 1997. Substance Abuse and Mental Health is hereby given of the following Time: 11:00 a.m. Services Administration National Institute of Diabetes and Place: NIH, Rockledge 2, Room 4150, Digestive and Kidney Diseases Special Telephone Conference. Proposed Data Collection Available for Emphasis Panel meeting: Contact Person: Dr. Marcia Litwack, Public Comment Name of SEP: Pathobiology of H. Pylori Scientific Review Administrator, 6701 Infections. Rockledge Drive, Room 4150, Bethesda, In compliance with section Date: June 9–11, 1997. Maryland 20892, (301) 435–1719. 3506(c)(2)(A) of the Paperwork Time: 7:30 p.m. This notice is being published less than 15 Reduction Act of 1995 for opportunity Place: Lowes Hotel, 2100 West End days prior to the above meetings due to the for public comment on proposed data Avenue, Nashville, Tennessee 37203. urgent need to meet timing limitations collection projects, the Substance Abuse Contact Person: Sharee Pepper, Ph.D., imposed by the grant review and funding and Mental Health Services Scientific Review Administrator, Review cycle. Branch, DEA, NIDDK, Natcher Building, Administration will publish periodic Name of SEP: Biological and Physiological Room 6as–25E, National Institutes of Health, summaries of proposed projects. To Bethesda, Maryland 20892–6600, Phone: Sciences. request more information on the (301) 594–7798. Date: June 3, 1997. proposed projects or to obtain a copy of Purpose/Agenda: To review and evaluate Time: 1:00 p.m. the data collection plans and Place: NIH, Rockledge 2, Room 6170, grant applications. instruments, call the SAMHSA Reports Telephone Conference. This meeting will be closed in accordance Clearance Officer on (301) 443–0525. with the provisions set forth in secs. Contact Person: Dr. Dennis Leszczynski, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. Scientific Review Administrator, 6701 Comments are invited on: (a) Whether Applications and/or proposals and the Rockledge Drive, Room 6170, Bethesda, the proposed collection of information discussions could reveal confidential trade Maryland 20892, (301) 435–1044. is necessary for the proper performance secrets or commercial property such as Name of SEP: Clinical Sciences. of the functions of the agency, including patentable material and personal information Date: June 5, 1997. whether the information shall have concerning individuals associated with the Time: 1:00 p.m. practical utility; (b) the accuracy of the applications and/or proposals, the disclosure Place: NIH, Rockledge 2, Room 4112, of which would constitute a clearly agency’s estimate of the burden of the Telephone Conference. unwarranted invasion of personal privacy. proposed collection of information; (c) Contact Person: Dr. Gopal Sharma, ways to enhance the quality, utility, and (Catalog of Federal Domestic Assistance Scientific Review Administrator, 6701 Program No. 93.847–849, Diabetes, Endocrine Rockledge Drive, Room 4112, Bethesda, clarity of the information to be and Metabolic Diseases; Digestive Diseases Maryland 20892, (301) 435–1783. collected; and (d) ways to minimize the and Nutrition; and Kidney Diseases, Urology Purpose/Agenda: To review Small burden of the collection of information and Hematology Research, National Institutes on respondents, including through the of Health) Business Innovation Research. Name of SEP: Chemistry and Related use of automated collection techniques Dated: May 9, 1997. Sciences. or other forms of information LaVerne Y. Stringfield, Date: July 16–17, 1997. technology. Committee Management Officer, NIH. Time: 8:00 a.m. [FR Doc. 97–12779 Filed 5–14–97; 8:45 am] Place: St. James Hotel, Washington, DC. Proposed Project Contact Person: Dr. Donald Schneider, BILLING CODE 4140±01±M Treatment Outcome Performance Pilot Scientific Review Administrator, 6701 Rockledge Drive, Room 5104, Bethesda, Studies (TOPPS)—New—SAMHSA has DEPARTMENT OF HEALTH AND Maryland 20892, (301) 435–1165. awarded contracts to 14 States to HUMAN SERVICES The meetings will be closed in accordance develop and pilot test performance and with the provisions set forth in secs. outcomes measures for substance abuse National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. treatment services. The pilot studies Applications and/or proposals and the will collect data from substance abuse Division of Research Grants; Notice of discussions could reveal confidential trade clients, including pregnant women, Closed Meetings secrets or commerical property such as women with dependent children, patentable material and personal information Pursuant to Section 10(d) of the adolescents, and managed care clients. concerning individuals associated with the Measures of addiction severity and Federal Advisory Committee Act, as applications and/or proposals, the disclosure other outcomes will be obtained at amended (5 U.S.C. Appendix 2), notice of which would constitute a clearly is hereby given of the following Division unwarranted invasion of personal privacy. admission, discharge, and post- discharge. The estimated annualized of Research Grants Special Emphasis (Catalog of Federal Domestic Assistance Panel (SEP) meetings: Program Nos. 93.306, 93.333, 93.337, 93.393– burden for the two-year project is Purpose/Agenda: To review individual 93.396, 93.837–93.844, 93.846–93.878, summarized below. grant applications. 93,893, National Institutes of Health, HHS) Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26813
No. of re- Average Annualized No. of re- sponses/re- burden/re- Total bur- burden spondents spondent sponse den hours hours
Clients ...... 6,082 4.0 0.57 13,964 6,982 Family Members ...... 1,175 2.9 0.24 817 409 Treatment Staff ...... 415 2.3 0.80 762 381
Send comments to Deborah Trunzo, The applicant requests a permit to DEPARTMENT OF THE INTERIOR SAMHSA Reports Clearance Officer, import 6 female parma wallabys Room 16–105, Parklawn Building, 5600 (Macropus parma) and any joey’s in Fish and Wildlife Service Fishers Lane, Rockville, MD 20857. pouch to be taken from the feral Notice of Availability of the Written comments should be received population on Kawau Island, New Comprehensive Management Plan, the within 60 days of this notice. Zealand as part of the government Finding of No Significant Impact Dated: May 9, 1997. eradication program for the purpose of (FONSI), and Associated Richard Kopanda, enhancement of the propagation of the Environmental Assessment (EA) for Executive Officer, species. Cypress Creek National Wildlife Substance Abuse and Mental Health Services RT–829200 Refuge, Illinois Administration. Applicant: Wildlife Conservation Society, AGENCY: Fish and Wildlife Service, [FR Doc. 97–12743 Filed 5–14–97; 8:45 am] Prospect Park Wildlife Center, NY. BILLING CODE 4162±20±P Interior. The applicant requests a permit to ACTION: Notice. import 6 female parma wallabys DEPARTMENT OF THE INTERIOR (Macropus parma) and any joey’s in SUMMARY: This notice advises the public pouch to be taken from the feral that the U.S. Fish and Wildlife Service Fish and Wildlife Service population on Kawau Island, New (Service) has made available for public Zealand as part of the govenment review the Comprehensive Management Notice of Receipt of Applications for Plan, a Finding of No Significant Impact Permit eradication program for the purpose of enhancement of the propagation of the (FONSI), and associated Environmental Assessment (EA) for Cypress Creek The following applicants have species. applied for a permit to conduct certain National Wildlife Refuge (Refuge). The PRT–829218 activities with endangered species. This Refuge is located in Illinois near the notice is provided pursuant to Section Applicant: John O. Mitchell, Plano, TX. confluence of the Mississippi and Ohio 10(c) of the Endangered Species Act of Rivers in Alexander, Johnson, Massac, The applicant requests a permit to 1973, as amended (16 U.S.C. 1531, et Pulaski, and Union Counties. import the sport-hunted trophy of one seq.): DATES: Written comments should be male bontebok (Damaliscus pygargus PRT–829284 received by June 16, 1997. dorcas) culled from a captive herd Applicant: Kenneth P. Johnson, Menomonee maintained under the management ADDRESSES: Written comments should Falls, WI. program of the Republic of South Africa, be addressed to: Regional Director, U.S. The applicant requests a permit to for the purpose of enhancement of the Fish and Wildlife Service, Bishop Henry Whipple Federal Building, 1 Federal import a sport-hunted polar bear (Ursus survival of the species. maritimus) from the Southern Beaufort Drive, Fort Snelling, Minnesota 55111– Sea area of the Northwest Territories, Written data or comments should be 4056; Attention: Mike Marxen, RE–AP. Canada for personal use. submitted to the Director, U.S. Fish and Copies of the Comprehensive Wildlife Service, Office of Management PRT–829285 Management Plan, FONSI, and EA are Authority, 4401 North Fairfax Drive, available during normal business hours Applicant: Ronald J. Baetens, Waterford, MI. Room 430, Arlington, Virginia 22203 at the Cypress Creek National Wildlife The applicant requests a permit to and must be received by the Director Refuge headquarters, Route 1, Box 53D, import a sport-hunted polar bear (Ursus within 30 days of the date of this Ullin, Illinois 62992. maritimus) from the Northern Beaufort publication. FOR FURTHER INFORMATION CONTACT: Sea area of the Northwest Territories, Elizabeth O. Jones, Acting Refuge Canada for personal use. Documents and other information submitted with these applications are Manager at 618–634–2231. PRT–829267 available for review, subject to the SUPPLEMENTARY INFORMATION: The Applicant: James E. Johnson, Jr., Virginia requirements of the Privacy Act and Service proposes to implement the Beach, VA. Freedom of Information Act, by any Comprehensive Management Plan for The applicant requests a permit to party who submits a written request for Cypress Creek National Wildlife Refuge. import the sport-hunted trophy of one a copy of such documents within 30 The purpose of the Plan is (1) To male bontebok (Damaliscus pygargus days of the date of publication of this provide a clear vision and statement of dorcas) culled from a captive herd notice at the above address. the refuge in 15 years, (2) ensure that maintained under the management management reflects the policies and Dated: May 9, 1997. program of the Republic of South Africa, goals of the National Wildlife Refuge for the purpose of enhancement of the Karen Anderson, System (3) ensure that management is survival of the species. Acting Chief, Branch of Permits, Office of consistent with federal, state, county, PRT–829199 Management Authority. and partner plans, and (4) provide Applicant: Roger Williams Park Zoo, [FR Doc. 97–12696 Filed 5–14–97; 8:45 am] Refuge staff with guidance and priorities Providence, RI. BILLING CODE 4310±55±U for budget requests and for consistent 26814 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices development, operation, and SUMMARY: As provided in Section ago in the nationally-comprehensive management over the next 15 years. 10(a)(2) of the Federal Advisory Recreational Fishery Resources The alternatives considered in the EA Committee Act, the Service announces a Conservation Plan. Based on the are: meeting designed to foster partnerships Technical Working Group’s findings, 1. No Action This alternative reflects to enhance recreational fishing and the Partnership Council will make the status quo, allowing current boating in the United States. This recommendation for consideration by conditions and trends of management, meeting, sponsored by the Sport Fishing the National Recreational Fisheries public use, and land use to continue. No and Boating Partnership Council Coordination Council, also established substantial increases in funds or staff (Council), is open to the public and by the President in Executive Order would be required. Public use interested persons may make oral 12962. The Partnership Council will opportunities, facilities, and access statements to the Council or may file also consider comments from the public would remain the same at minimal written statements for consideration. before closing. development. DATES: June 2, 1997, from 8:30 to 11:30 Dated: April 30, 1997. 2. Implement the Cypress Creek a.m. National Wildlife Refuge Jay L. Gerst, ADDRESSES: The meeting will be held at Acting Deputy Director. Comprehensive Management Plan This the JW Marriott Hotel, 1331 [FR Doc. 97–12715 Filed 5–14–97; 8:45 am] alternative would establish an overall Pennsylvania Avenue, Salon S, management direction. The Refuge is Washington, DC 20004–1796, telephone BILLING CODE 4310±55±M envisioned as a major contributing (202) 393–2000. member in a coalition of partners Summary minutes of the conference DEPARTMENT OF THE INTERIOR actively working together to protect and will be maintained by the Coordinator restore a 60,000 acre complex of diverse for the Council at 1033 North Fairfax Bureau of Land Management habitat types for people to enjoy. Street, Suite 200, Arlington, VA 22314, The Service’s preferred alternative is and will be available for public [CA±066±1430±01; CARI±04011] the second alternative. inspection during regular business The FONSI is based on the following Notice of Realty Action; Classification hours within 30 days following the of Public Land for Conveyance Under findings: meeting. Personal copies may be 1. The Refuge will add economic the Recreation and Public Purposes purchased for the cost of duplication. diversity and stability to the local area Act as visitor use increases. FOR FURTHER INFORMATION CONTACT: 2. Acquisition of lands has been and Doug Alcorn, Council Coordinator, at SUMMARY: The following described land will continue to be from willing sellers 703/836–1392. in Riverside County, California, has only. SUPPLEMENTARY INFORMATION: The been examined and found suitable for 3. Annual Revenue sharing payments Partnership Council will hear a briefing conveyance under provisions of the are made to the counties to help off-set by representatives from the American Recreation and Public Purposes Act of potential impacts to the tax base. League of Anglers and Boaters (ALAB) June 14, 1926, as amended, 43 U.S.C. 4. Cultural resource surveys are on ALAB’s consensus position on the 869. The lands were previously planned based on the CMP. proposed language for reauthorizing the classified as suitable for leasing under 5. This action will not have an Federal Aid in Sport Fish Restoration the Recreation and Public Purposes Act adverse impact on threatened and (Wallop-Breaux) Program, to be in 1963. endangered species. considered by the Congress later this San Bernardino Meridian, California 6. Drainage networks and floodplains year. The Partnership Council will also T. 3 S., R. 5 E., will not be affected. hear briefings on two initiatives Sec. 26: All. The Comprehensive Management recommended by recreational fisheries Containing 640 acres, more or less. Plan, FONSI, and EA will be available stakeholders: (1) To address fish habitat to the public on May 15, 1997. The through an amendment to the Clean DATES: On or before June 30, 1997, deadline for public comments is June Water Act, and (2) to catalyze state-led interested parties may submit comments 16, 1997. During this 30-day period the outreach efforts for recruiting and concerning the classification and FONSI will not be final, nor will the maintaining a strong constituency of conveyance to the District Manager at Service implement the selected anglers. The Partnership Council’s the California Desert District Office, alternative. A final decision will be Technical Working Group for boating 6221 Box Springs Blvd., Riverside, CA made on whether to carry out the issues will give a status report on the 92507. Objections will be reviewed by alternative selected at the conclusion of Recreational Lakes Initiative and the the State Director, who may sustain, the 30-day period. status of the Boating Initiative assigned vacate, or modify this realty action. In Dated: May 1, 1997. to the Working Group in October 1996. the absence of any adverse comments, the classification will become effective Stephen D. Wilds, The Partnership Council’s Technical Working Group for recreational fisheries 60 days after publication of this notice Acting Regional Director. in the Federal Register. [FR Doc. 97–12024 Filed 5–14–97; 8:45 am] issues will present annual findings from its evaluation of Federal agency FOR FURTHER INFORMATION CONTACT: BILLING CODE 4310±55±M activities for providing and enhancing Detailed information concerning this recreational fishery resources, pursuant action is available at the California DEPARTMENT OF THE INTERIOR to the President’s 1995 Executive Order Desert District Office, 6221 Box Springs (Number 12962) for Recreational Blvd., Riverside, CA 92507. Fish and Wildlife Service Fisheries. the topic of discussion will be SUPPLEMENTARY INFORMATION: The the Technical Working Group’s Riverside County Waste Resource Sport Fishing and Boating Partnership objective assessment of how well Management District has applied to Council Federal agencies have implemented acquire title to the above described their respective strategic plans to public lands. These lands were ACTION: Notice of meeting. accomplish goals established one year previously leased to the Riverside Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26815
County Waste Management Department Dated: May 5, 1997. Dated: May 6, 1997. under Recreation and Public Purpose Alan Stein, Duane E. Olsen, Lease CARI 04011, for operation of the Acting District Manager. Chief Cadastral Surveyor for Idaho. Edom Hill Landfill. By Resolution No. [FR Doc. 97–12716 Filed 5–14–97; 8:45 am] [FR Doc. 97–12761 Filed 5–14–97; 8:45 am] 94–050, on February 8, 1994, the BILLING CODE 4310±40±U BILLING CODE 4310±66±M Riverside County Board of Supervisors established the Riverside County Waste Resources Management District and DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR transferred the responsibilities of the Bureau of Land Management Waste Management Department to the Bureau of Land Management Waste Resource Management District. [ID±957±1430±00] All necessary requirements for [ES±960±1910±00±4377] ES±48875, Group Idaho: Filing of Plats of Survey; Idaho conveyance of the land have been 154, Wisconsin] completed. Conveyance of the Edom The plat of the following described Hill Landfill to the Riverside County land was officially filed in the Idaho Notice of Filing of Plat of Survey; Waste Resource Management District State Office, Bureau of Land Wisconsin without reversionary interests is Management, Boise, Idaho, effective consistent with current Bureau planning 9:00 a.m. May 6, 1997. The plat of the dependent resurvey of for this area and would be in the public The plat representing the dependent a portion of the subdivisional lines, a interest. The conveyance of land would resurvey of a portion of the boundaries portion of the subdivision of section 9, be subject to the following terms and of certain mineral surveys in sections and the metes-and-bounds survey of a conditions: 14, 15, and 23, T. 48 N., R. 4 E., Boise 1.5 acre exception to lot no. 1, section 1. Provisions of the Recreation and Meridian, Idaho, Group 966, was 22, of Township 24 North, Range 19 Public Purposes Act and applicable accepted, May 6, 1997. East, Fourth Principal Meridian, regulations of the Secretary of the This survey was executed to meet Wisconsin, will be officially filed in Interior. certain administrative needs of the Eastern States, Springfield, Virginia at Bureau of Land Management. All 2. A right-of-way to the United States 7:30 a.m., on June 23, 1997. inquiries concerning the survey of the for ditches and canals pursuant to the above described land must be sent to the The survey was requested by the Act of August 30, 1890 (43 U.S.C. 945). Chief, Cadastral Survey, Idaho State Bureau of Indian Affairs. 3. All minerals shall be reserved to Office, Bureau of Land Management, All inquiries or protests concerning the United States, together with the 1387 South Vinnell Way, Boise, Idaho, the technical aspects of the survey must right to prospect for, mine and remove 83709–1657. be sent to the Chief Cadastral Surveyor, such deposits from the same under Dated: May 6, 1997. Eastern States, Bureau of Land applicable law and such regulations as Duane E. Olsen, Management, 7450 Boston Boulevard, the Secretary of the Interior may Chief Cadastral Surveyor for Idaho. Springfield, Virginia 22153, prior to prescribe. [FR Doc. 97–12714 Filed 5–14–97; 8:45 am] 7:30 a.m., June 23, 1997. 4. Those rights for power transmission BILLING CODE 4310±GG±M Copies of the plat will be made line purposes granted to Southern available upon request and prepayment California Edison Company, its of the reproduction fee of $2.75 per successors or assigns, by right-of-way DEPARTMENT OF THE INTERIOR copy. CACA–15528, pursuant to the Act of October 21, 1976, as amended (43 U.S.C. Bureau of Land Management Dated: May 8, 1997. 1761). [ID±957±1430±00] Stephen G. Kopach, 5. The patentee shall comply with all Chief Cadastral Surveyor. Federal and State laws applicable to the Idaho: Filing of Plats of Survey; Idaho [FR Doc. 97–12762 Filed 5–14–97; 8:45 am] disposal, placement, or release of The plat of the following described BILLING CODE 4310±GJ±M hazardous substances. land was officially filed in the Idaho 6. The patentee shall indemnify and State Office, Bureau of Land hold harmless the United States against Management, Boise, Idaho, effective DEPARTMENT OF THE INTERIOR any legal liability or future costs that 9:00 a.m. May 6, 1997. National Park Service may arise out of any violation of such The plat representing the dependent resurvey of a portion of the West laws. National Register of Historic Places; boundary, and of the subdivisional lines 7. No portion of the land covered by Notification of Pending Nominations and the subdivision of sections 7 and such patent shall under any 18, T. 9 S., R. 19 E., Boise Meridian, circumstances revert to the United The following property is being Idaho, Group 975, was accepted, May 6, States. considered for listing in the National 1997. Upon publication of this notice in the This survey was executed to meet Register and was received by the Federal Register, the lands will be certain administrative needs of the National Park Service on May 9, 1997. segregated from all forms of Bureau of Land Management. All Pursuant to section 60.13 of 36 CFR Part appropriation under the public land inquiries concerning the survey of the 60 written comments concerning the laws, including the general mining laws, above described land must be sent to the significance of these properties under except for lease or conveyance under Chief, Cadastral Survey, Idaho State the National Register criteria for the Recreation and Public Purposes Act Office, Bureau of Land Management, evaluation may be forwarded to the and leasing under the mineral leasing 1387 South Vinnell Way, Boise, Idaho, National Register, National Park Service, laws. 83709–1657. P.O. Box 37127, Washington, D.C. 26816 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
20013–7127. Written comments should (1) Increasing FFP’s partners’ capabilities Dated: April 29, 1997. be submitted by May 30, 1997. to effect and sustain access to food, John Grant, Carol D. Shull, improvements in household nutrition and Director, Office of Private and Voluntary agricultural productivity for vulnerable Keeper of the National Register. Cooperation, Bureau for Humanitarian groups participating in food aid activities, Response. In order to assist in the preservation and [FR Doc. 97–12713 Filed 5–14–97; 8:45 am] of the following property, the 16-day (2) Meeting critical needs of targeted commenting period has been waived: vulnerable groups in emergency situations BILLING CODE 6116±01±M and contributing to the stabilization of post- MISSOURI emergency societies. DEPARTMENT OF JUSTICE City of St.Louis, National Council of State FFP is in the early stages of drafting Garden Clubs Headquarters Building, 4401 Magnolia Ave., 97000524 new ISG guidelines and would like to Notice of Lodging of Consent Decree receive comments from the PVO in Northwest Pipe & Casing Co. v. [FR Doc. 97–12777 Filed 5–14–97; 8:45 am] community and others on how the grant United States under the BILLING CODE 4310±70±P program should be structured so as to Comprehensive Environment support FFP’s strategic objectives. Response, Compensation, and Liability DATES: All comments are due on or Act INTERNATIONAL DEVELOPMENT before June 16, 1997. Notice is hereby given that a Consent COOPERATION AGENCY ADDRESSES: Comments should be Decree in United States and State of Oregon versus Hall No. 97–683HA (D. Agency for International Development directed to: FFP Grants Committee, BHR/FFP, 1515 Wilson Blvd., Room Ore.), entered into by the United States Request for Comments on the Next 315, Arlington, VA 22209. Comments on behalf of U.S. EPA, the State of Round of Public Law 480, Title II can also be faxed to (703) 841–2709. Oregon, on behalf of the Oregon Institutional Support Grants Department of Environmental Quality FOR FURTHER INFORMATION CONTACT VIA (‘‘DEQ’’) and Wayne C. Hall, Jr. was AGENCY: U.S. Agency for International FAX: FEP Grants Committee at (703) lodged on April 29, 1997 with the Development. 841–2709. United States District Court for the ACTION: Notice of request for comments. Dated: April 28, 1997. District of Oregon. The proposed William T. Oliver, Consent Decree resolves certain claims SUMMARY: The Office of Food for Peace Director, Office of Food for Peace, Bureau of the United States against Wayne C. (FFP), within the Bureau for for Humanitarian Response, U.S. Agency for Hall, Jr., relating to the Northwest Pipe Humanitarian Response (BHR), U.S. International Development. & Casting Site in Clackamas County, Agency for International Development [FR Doc. 97–12712 Filed 5–14–97; 8:45 am] Oregon. Under the Decree, Mr. Hall will, (USAID) intends to proceed with a new BILLING CODE 6116±01±M inter alia pay the United States five-year Public Law 480, Title II $1,058,500 and will also convey real Institutional Support Grant (ISG) property to the Oregon Department of program with new awards to be made in INTERNATIONAL DEVELOPMENT Environmental Quality (‘‘DEQ’’), as or around August 1998. The current ISG COOPERATION AGENCY trustee, which will hold the property for program (to end August 1998) is focused the benefit of U.S. EPA, DEQ, and on providing private voluntary Agency for International Development Northwest Pipe & Casing Co. in organization (PVO) headquarters accordance with the terms of the support to maintain current Title II Voluntary Foreign Aid Advisory proposed Consent Decree. activities and to improve the capacity of Committee; Notice of Meeting The Department of Justice will receive the PVOs to carry out Title II programs. comments relating to the proposed More specifically, the stated purpose of Pursuant to the Federal Advisory Consent Decree for 30 days following the current ISG program is to support Committee Act, notice is hereby given of the publication of this Notice. the efforts of the PVO to: a meeting of the Advisory Committee on Comments should be addressed to the Voluntary Foreign Aid (ACVFA). (1) Strengthen/maintain its central and Assistant Attorney General of the headquarters-level institutional capacity to Date: June 11, 1997 (9:00 a.m. to 5:00 Environment and Natural Resources manage and account for Title II commodities; p.m.). Division, Department of Justice, (2) Improve/maintain central and Location: State Department, Loy Washington, D.C. 20530, and should headquarters-level management practices and Henderson Auditorium, 23rd Street refer to United States and State of build organizational expertise in the use of Entrance. Oregon v. Hall D.J. Ref. No. 90–11–3– Title II food aid as an instrument for effective 1557A. Commenters may request an emergency relief and/or for achieving food The purpose of the meeting is to security; or opportunity for public meeting in the discuss an ACVFA Study on the State of affected area in accordance with Section (3) Carry out feasibility studies aimed at the USAID/PVO Partnership. initiating Title II activities in new countries, 7003(d) of RCRA, 42 U.S.C. 6973(d). especially those addressing food security. The meeting is free and open to the The proposed Consent Decree may be public. However, notification by noon, examined at the Office of the United FEP’s goal is to achieve June 9, 1997, through the Advisory States Attorney for the District of sustained improvement in household Committee Headquarters is required. Oregon, 888 S.W. 5th Ave., Suite 1000, nutrition and agricultural productivity for Persons wishing to attend the meeting Portland, OR 97204–2024; the Region 10 vulnerable groups served by USAID food aid must call Lisa J. Douglas (703) 351–0243 Office of the United States programs. or Susan Saragi (703) 351–0244 or FAX Environmental Protection Agency, 1200 FFP intends that the new ISG program (703) 351–0228/0212. Persons attending Sixth Ave., Seattle, WA 98101; and at will continue to support this goal by must include their name, organization, the Consent Decree Library, 1120 G enabling FFP to meet its two strategic birthdate and social security number for Street, N.W., 4th Floor, Washington, objectives: security purposes. D.C. 20005 (202–624–0892). A copy of Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26817 the proposed Consent Decree may be obtained in person or by mail from the States v. New Haven Foundry, Inc., Nos. obtained in person or by mail from the Consent Decree Library, 1120 G Street, 94–71951 and 96–70961 (Air and Water Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. Consent Decree), or United States v. N.W., 4th Floor, Washington, D.C. 20005. In requesting a copy of the New Haven Foundry, Inc., No 97–71842 20005. In requesting a copy of the proposed Consent Decree, please (RCRA Consent Decree), DOJ Ref. #90– proposed Consent Decree, please enclose a check in the amount of $5.00 5–1–1–4279. enclose a check in the amount of $18.50 (25 cents per page for reproduction The proposed consent decrees maybe (25 cents per page for reproduction costs), payable to the Consent Decree examined at the office of the United costs), payable to the Consent Decree Library. States Attorney, 211 W. Fort St., Suite Library. Joel M. Gross, 2300 , Detroit, Michigan 48226; the Joel M. Gross, Section Chief, Environmental Enforcement Region 5 Office of the Environmental Section Chief, Environmental Enforcement Section, Environment and Natural Resources Protection Agency, 77 West Jackson Section; Environment and Natural Resources Division. Boulevard, Chicago, Illinois 60604; and Division [FR Doc. 97–12719 Filed 5–14–97; 8:45 am] at the Consent Decree Library, 1120 G [FR Doc. 97–12718 Filed 5–14–97; 8:45 am] BILLING CODE 4410±15±M Street, N.E., 4th Floor, Washington, D.C. BILLING CODE 4410±15±M 20005, (202) 624–0892. A copy of the proposed consent decree may be DEPARTMENT OF JUSTICE obtained in person or by mail from the DEPARTMENT OF JUSTICE Consent Decree Library, 1120 G Street, Notice of Lodging of Consent Decrees N.W., 4th Floor, Washington, D.C. Notice of Lodging of Consent Decree Pursuant to 28 CFR 50.7 20005. In requesting a copy please refer in Northwest Pipe & Casing Co. v. Notice is hereby given that a proposed to the referenced case and decree and United States Under the enclose a check in the amount of $33.50 Comprehensive Environmental consent decree in the consolidated cases PIRGIM V. Hew Haven Foundry, Inc., (25 cents per page reproduction costs) Response, Compensation, and Liability for both consent decrees, $17.00 for the Act Civil Action No. 94–71951–DT, and United States v. New Haven Foundry, Air and Water Consent Decree or $16.50 Notice is hereby given that a Consent Inc., Civil Action No. 96–70961–DT, for the RCRA Consent Decree. Checks Decree in United States v. Oregon and a proposed consent decree in should be made payable to the Consent Department of Transportation, No. 97– United States v. New haven Foundry, Decree Library. 682RE (D. Ore.), entered into by the Inc., Civil Action No. 97–71842, were Bruce S. Gelber, United States on behalf of U.S. EPA and lodged on April 23, 1997 with the Deputy Chief, Environmental Enforcement the Oregon Department of United States District Court for the Section, Environment and Natural Resources Transportation. The proposed Consent Eastern District of Michigan. The Division. Decree resolves certain claims of the proposed consent decrees resolve the [FR Doc. 97–12720 Filed 5–14–97; 8:45 am] United States against Wayne C. Hall, Jr. plaintiffs’ claims against New Haven BILLING CODE 4410±15±M relating to the Northwest Pipe & Casing Foundry, Inc. for violations under the Site in Clackamas County, Oregon. Clean Water Act, the Clean Air Act and Under the Decree, the Oregon the Resource Conservation and DEPARTMENT OF JUSTICE Department of Transportation will, inter Recovery Act at its cast iron foundry Notice of Lodging of Consent Decree alia, pay the United States $50,000. facility located in New Haven, in Northwest Pipe & Casing Co. v. The Department of Justice will receive Michigan. United States Under the comments relating to the proposed In the proposed settlements, New Comprehensive Environmental Consent Decree for 30 days following Haven Foundry, Inc. agrees to: achieve Response, Compensation, and Liability the publication of this Notice. full compliance with the requirements Act Comments should be addressed to the of its National Pollution Discharge Assistant Attorney General of the Elimination System (NPDES) permit as Notice is hereby given that a Consent Environment and Natural Resources required by the Clean Water Act; Decree in Northwest Pipe & Casing Co. Division, Department of Justice, achieve continuous compliance with the v. United States, Adv. Pro No. 95–3509 Washington, D.C. 20530, and should visible emissions (opacity) limitations (Bankr. D. Ore.), entered into by the refer to United States v. Oregon in the Michigan State Implementation United States on behalf of U.S. EPA, the Department of Transportation, D.J. Ref. Plan (SIP) as required by the Clear Air State of Oregon on behalf of the Oregon No. 90–11–3–1557B. Commenters may Act; implement and complete specific Department of Environmental Quality, request an opportunity for public corrective actions as required by the and Northwest Pipe Company (‘‘NWP’’) meeting in the affected area, in Resource Conservation and Recovery was lodged on April 29, 1997 with the accordance with Section 7003(d) of Act; pay a civil penalty for air and water United States Bankruptcy Court for the RCRA, 42 U.S.C. 6973(d). violations in the amount of $460,000; District of Oregon. The proposed The proposed Consent Decree may be and pay citizen plaintiff PIRGIM’s costs Consent Decree resolves certain claims examined at the Office of the United of litigation in the amount of $46,000. of the United States against NWP States Attorney for the District of The Department of Justice will relating to the Northwest Pipe & Casing Oregon, 888 S.W. 5th Ave., Suite 1000, receive, for a period of thirty (30) days Site in Clackamas County, Oregon. Portland, OR 97204–2024; the Region 10 from the date of this publication, Under the Decree, NWP will, inter alia, Office of the United States comments relating to the proposed pay the United States $1,000,000 plus Environmental Protection Agency, 1200 consent decrees. Comments should be interest as well as interest payments Sixth Ave., Seattle, WA 98101; and at addressed to the Assistant Attorney from $2.3 million deposited into an the Consent Decree Library, 1120 G General for the Environment and escrow account. Street, N.W., 4th Floor, Washington, Natural Resources Division, Department The Department of Justice will receive D.C. 20005 (202–624–0892). A copy of of Justice, Washington, D.C. 20530, and comments relating to the proposed the proposed Consent Decree may be should refer the PIRGIM and United Consent Decree for 30 days following 26818 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices the publication of this notice. By letter dated April 29, 1996, Pennsylvania as required by state law. Comments should be addressed to the Respondent, through counsel, filed a In addition, Respondent was not Assistant Attorney General of the timely request for a hearing, and registered with the Pennsylvania Board Environment and Natural Resources following prehearing procedures, a of Medicine to use the services of a Division, Department of Justice, hearing was held in Philadelphia, physician assistant as required by state Washington, D.C. 20530, and should Pennsylvania on October 23 and 24, law. refer to Northwest Pipe & Casing Co. v. 1996, before Administrative Law Judge When he first began working for Mr. United States, D.J. Ref. No. 90–11–3– Gail A. Randall. At the hearing, both Kurtz, Respondent was concerned about 1557. Commenters may request an parties called witnesses to testify and the number of controlled substance opportunity for public meeting in the introduced documentary evidence. After prescriptions that were issued at the affected area, in accordance with the hearing, counsel for both parties facilities and that a number of the Section 7003(d) of RCRA, 42 U.S.C. submitted proposed findings of fact, patients appeared to be drug seekers. 6973(d). conclusions of law and argument. On Respondent began reducing the number The proposed Consent Decree may be February 27, 1997, Judge Randall issued of controlled substance prescriptions examined at the Office of the United her Opinion and Recommended Ruling, issued and patients indicated that they States Attorney for the District of recommending that Respondent’s felt safer coming to the facilities. After Oregon, 888 S.W. 5th Ave., Suite 1000, registration be continued subject to he was hired in 1989 and pursuant to Portland, OR 97204–2024; the Region 10 several temporary conditions. No Mr. Kurtz’ request, Respondent Office of the United States exceptions were filed to her Opinion provided three copies of his signature Environmental Protection Agency, 1200 and Recommended Ruling, and on for the purpose of making a rubber Sixth Ave., Seattle, WA 98101; and at March 27, 1997, Judge Randall stamp of his signature to be used for the Consent Decree Library, 1120 G transmitted the record of these billing purposes and for writing Street, N.W., 4th Floor, Washington, proceedings to the Acting Deputy prescriptions. Respondent and Mr. D.C. 20005 (202–624–0892). A copy of Administrator. Kurtz had very little contact since they the proposed Consent Decree may be The Acting Deputy Administrator has alternated working at the various obtained in person or by mail from the considered the record in its entirety, facilities and would never work at the Consent Decree Library, 1120 G Street, and pursuant to 21 CFR 1316.67, hereby same facility at the same time. N.W., 4th Floor, Washington, D.C. issues his final order based upon Respondent was told by another 20005. In requesting a copy of the findings of fact and conclusions of law physician who had worked for Mr. proposed Consent Decree, please as hereinafter set forth. The Acting Kurtz that the level of physician enclose a check in the amount of $24.75 Deputy Administrator adopts, in full, supervision used with Mr. Kurtz, (25 cents per page for reproduction the opinion of the Administrative Law including Mr. Kurtz working at a costs), payable to the Consent Decree Judge, and adopts, with several different facility, was permitted. Library. modifications, the recommended ruling Respondent testified at the hearing in of the Administrative Law Judge. His this matter that pursuant to his Joel M. Gross, adoption is in no manner diminished by agreement with Mr. Kurtz, Mr. Kurtz Section Chief, Environmental Enforcement any recitation of facts, issues and could only issue prescriptions for refills Section, Environment and Natural Resources conclusions herein, or of any failure to of earlier prescriptions and could not Division. mention a matter of fact or law. issue any new prescriptions. However, [FR Doc. 97–12717 Filed 5–14–97; 8:45 am] The Acting Deputy Administrator during previous interviews, Respondent BILLING CODE 4410±15±M finds that Respondent received his did not mention this restriction on Mr. medical degree from Temple University. Kurtz’ prescribing. While in medical school, Respondent In 1990, the Pennsylvania Office of DEPARTMENT OF JUSTICE observed a physician assistant write the Attorney General, Medicaid Fraud Drug Enforcement Administration orders and prescriptions for medications Section initiated an investigation of without direct supervision of a Respondent. As a result of this [Docket No. 96±28] physician. In 1977, Respondent joined investigation, it was determined that an internal medicine group where there Mr. Kurtz had been billing the medical Robert G. Hallermeier, M.D. was a nurse practitioner who saw assistance program using the provider Continuation of Registration With patients, and wrote orders and identification number of Respondent, Restrictions prescriptions for medication also who was an approved provider under without direct supervision of a the program. Pursuant to the medical On March 27, 1996, the Deputy physician. assistance program regulations, services Assistant Administrator, Office of In October 1988, Respondent began by a physician assistant are permissible, Diversion Control, Drug Enforcement working, on a trial basis, for Joseph providing that there is direct Administration (DEA), issued an Order Kurtz, a physician assistant who supervision of the physician assistant by to Show Cause to Robert G. Hallermeier, operated three medical facilities, and in the supervising physician and that the M.D., (Respondent) of Boothwyn, January 1989, Respondent was hired by supervising physician is registered as Pennsylvania, notifying him of an Mr. Kurtz as an independent contracting such with the Board. Since the opportunity to show cause as to why physician. There was a written prescriptions discovered during the DEA should not revoke his DEA agreement between the Respondent and investigation were written by Mr. Kurtz, Certification of Registration, Mr. Kurtz, stating that one of and not Respondent, they were not AH6871049, and deny any pending Respondent’s responsibilities was to act legitimately billed to the medical applications for registration as a as a supervisor for the physician assistance program. As a result, criminal practitioner under 21 U.S.C. 823(f), for assistant, however there were no details charges were filed against Mr. Kurtz and reason that pursuant to 21 U.S.C. provided as to the nature and extent of Maureen Clark, his wife, who owned 824(a)(4), his continued registration the supervision, and the agreement was Clark Family Pharmacy where the would be inconsistent with the public not submitted for approval to the State prescriptions were filled, which is interest. Board of Medicine, Commonwealth of located adjacent to one of the medical Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26819 facilities. Both Mr. Kurtz and his wife investigator interviewed the pharmacist acknowledged that he made no further were each convicted in 1994 of three at Clark Family Pharmacy who inquiries regarding the acceptable scope counts of Medicaid fraud. indicated that when he began working of practice for a physician assistant nor In January 1992, after Respondent had at the pharmacy in April 1989, he was did he attempt to verify whether the testified before the grand jury in the told by Ms. Clark that Mr. Kurtz would prescriptions issued by Mr. Kurtz were state criminal proceedings against Mr. hand carry patient files over to the refills of earlier prescriptions or new Kurtz and Ms. Clark, he became pharmacy. The pharmacist was prescriptions. concerned and asked Mr. Kurtz to return instructed to reduce the notes from In addition, Respondent testified that his signature stamps. Mr. Kurtz these files to writing on Clark Family his actions were also caused by his provided Respondent with several Pharmacy prescription pads and to sign abuse of alcohol. Respondent has a photocopied pages from the Federal Respondent’s name to the prescriptions. family history of alcoholism and started Register and the Pennsylvania Medical In 1990, the pharmacy was visited by a abusing alcohol in 1979. Following his Board rules with portions highlighted state inspector who advised the first attempt to commit suicide in 1988, by Mr. Kurtz and represented by Mr. pharmacist to cease the practice of Respondent was admitted to the Kurtz to be the law regarding the reducing the information from patient hospital for several weeks, where he supervision of physician assistants. files to writing on the pharmacy’s was treated for depression, rather than Respondent testified that he was afraid prescription pads because that was the alcoholism. In July 1988, he voluntarily to confront Mr. Kurtz for fear of losing procedure for call-in prescriptions. The signed up with the Physician’s Health his job, and therefore, without further inspector advised the pharmacist that Program (PHP), an arm of the State inquiry, Respondent continued to instead, the prescriptions should be Medical Society. Pursuant to this permit Mr. Kurtz to use his signature generated by the medical facility on its program, among other things, stamp and DEA registration number. own prescription pads and then filled at Respondent underwent urine screens, According to Respondent, he did the pharmacy. Consequently, the attended professional support group however begin going to the pharmacy on medical facility and the pharmacy began meetings and met with his psychiatrist. a weekly basis to review and initial the a new procedure whereby Mr. Kurtz Respondent followed the program for prescriptions issued by Mr. Kurtz to be would write the prescription on the approximately six months, when he certain they were not for ‘‘outrageous’’ facility’s prescription pad and rubber began drinking again, and ultimately amounts. However, this review was stamp it with Respondent’s signature. attempted suicide a second time in conducted after the controlled The prescription would then be hand 1992. substances had already been dispensed. carried to the pharmacy by either Mr. Following his second suicide attempt, Respondent admitted at the hearing in Kurtz or one of the facility’s employees. Respondent was hospitalized for two this matter that he had not reviewed Mr. The patient would pick up the weeks and then was transferred to the Kurtz’ patient charts to see if the medication from the pharmacy without Strecker Institute in November 1992 prescribed controlled substances were ever seeing the actual prescription. The where for four weeks he received group medically appropriate. pharmacist related that 90 percent of the and individual counseling from a In May 1992, DEA initiated its pharmacy’s business came from Mr. psychiatrist specializing in addiction investigation of Clark Family Pharmacy Kurtz’ clinic. counseling, and attended alcoholics after receiving reports that the pharmacy Respondent was aware that Mr. Kurtz anonymous and narcotics anonymous was purchasing excessive quantities of was not a licensed physician, that he meetings. Upon his release from controlled substances. Previously, while was not registered with DEA, and that inpatient treatment, Respondent at the pharmacy to witness the he treated patients and wrote controlled participated in extensive aftercare for destruction of drugs, a DEA investigator substance prescriptions without two years including regular attendance had noticed prescriptions that appeared physician supervision. Respondent at AA meetings, random drug and to have rubber stamped signatures, and knowingly permitted Mr. Kurtz to use alcohol screening, continued therapy was told by the pharmacist that the his DEA registration number to with his psychiatrist and regular contact prescriptions were written by Mr. Kurtz authorize controlled substance with the PHP. When his contract with using the rubber stamp signature of prescriptions. A letter from Respondent the PHP expired in December 1995, Respondent. Pursuant to an to DEA dated March 11, 1993, indicated Respondent voluntarily sighed up for an administrative inspection warrant, DEA that Mr. Kurtz told Respondent that he additional five years of monitoring by obtained controlled substance records had destroyed the signature stamps in the PHP, which he was still from the pharmacy. A DEA investigator January of 1993. Respondent stopped participating in at the date of the then entered into a database all of the working for Mr. Kurtz in August 1993. hearing in this matter. The Assistant prescriptions with Respondent’s rubber The last stamped prescription in Medical Director at the PHP testified stamped signature obtained from the evidence in this proceeding is dated that he had seen Respondent two to pharmacy by DEA pursuant to the November of 1992. three times per month for the few years administrative inspection warrant, and According to Respondent, one cause prior to the hearing; that Respondent by the Pennsylvania Attorney General’s of his failure to adequately supervise met all of the requirements of his Office during its earlier investigation. It Mr. Kurtz and to allow him to use contract with the PHP; that was determined that Respondent’s Respondent’s DEA registration number Respondent’s urine screens were signature was rubber stamped on a total was his ignorance of the responsibilities negative for alcohol and controlled of 2,545 prescriptions for controlled of a supervising physician of a substances; and that Respondent’s substances in Schedules III and IV physician assistant. Respondent prognosis for continued recovery and between November 1990 and November testified that based upon representations sobriety is excellent. 1992, for a total of 92,281 dosage units. made by Mr. Kurtz and his previous In describing Respondent’s behavior These prescriptions were issued by Mr. experience with physician assistants in 1992, Respondent’s psychiatrist Kurtz and were original prescriptions, and nurse practitioners, he did not noted in a treatment summary dated and not refills. know that allowing Mr. Kurtz to July 26, 1996, that ‘‘He stated that he During the course of DEA’s independently practice medicine was never looked into the regulations of investigation, on April 23, 1993, an not permissible. Respondent working as a physician’s assistant, and 26820 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices in retrospect it is clear that he was The Respondent contends that the prescribe large quantities of controlled mentally obtunded and not thinking Government has not met its burden of substances. This is extremely troubling clearly and coherently due to his active proof and that his continued registration given that Respondent admitted that he alcoholism.’’ Respondent’s psychiatrist is not inconsistent with the public did not trust Mr. Kurtz; that he thought further noted that ‘‘[t]he interest. Respondent argues that the that too many controlled substance recommendation is that if Dr. Government’s case focused entirely on prescriptions were being issued by Mr. Hallermeier continues to do as he Respondent’s past misconduct and that Kurtz’ medical facility; that he thought currently is doing and follow [sic] his Respondent does not deny this that some of the people receiving these current regime which is that of misconduct. However, Respondent prescriptions were drug seekers; and attending many AA meetings every contends that there was uncontroverted that he was subpoenaed to testify before week and working his program as he is evidence presented at the hearing that the grand jury regarding Mr. Kurtz’ doing the prognosis for continuing his continued registration is in the prescribing and billing practices. Any successful outcome is quite optimistic.’’ public interest in light his recovery from one of these circumstances should have Respondent’s wife testified at the alcohol addiction, his current caused Respondent to be more vigilant hearing in this matter that the family responsible use of his DEA registration, in his supervision of Mr. Kurtz. Instead, was supportive of Respondent’s his refusal to give new employers a Respondent continued to allow Mr. treatment efforts. She also stated that signature stamp, his responsible Kurtz to use his DEA registration they have ‘‘an abstinence based home,’’ practices regarding the prescribing of number and the rubber stamp of his in which no alcoholic beverages are controlled substances, and the signature, thereby causing the kept or consumed. testimony of his present employers who unauthorized dispensing of over 92,000 Also testifying at the hearing were the think highly of his medical judgment dosage units of controlled substances administrators of three medical facilities and professionalism. Respondent over a two year period. Respondent’s where Respondent had been employed further argues that the causes of his past actions permitted the prescribing of for the two to three years prior to the misconduct, ignorance of the laws controlled substances by an hearing. Each administrator stated that regarding physician assistants and his unauthorized individual in violation of Respondent had refused a request for a alcoholism, have now been remedied. numerous provisions of Federal and signature stamp, and instead personally Pursuant to 21 U.S.C. 823(f) and state laws and regulations, including 21 signs all comments requiring his 824(a)(4), the Deputy Administrator may U.S.C. 829(b) and 841 and 21 C.F.R. signature. There are no physician revoke a DEA Certificate of Registration 1306.03 and 1306.04(a), as well as, 63 assistants employed at any of these and deny any pending applications, if P.S. 422.13 and 49 Pa. Code 18.144, facilities. The administrators testified he determines that the continued 18.152, and 18.153 (1988–1992 version). that Respondent is a professional and registration would be inconsistent with As Judge Randall noted, ‘‘[s]uch caring physician. the public interest. Section 823(f) violations clearly raise questions as to Respondent testified that he has requires that the following factors be the Respondent’s fitness to possess a progressively become more ‘‘stingy’’ in considered: DEA Certificate of Registration.’’ The his handling of controlled substances. (1) The recommendation of the Acting Deputy Administrator finds that He further testified that although he has appropriate State licensing board or Respondent’s lack of control and not frequently needed to prescribe professional disciplinary authority. supervision over the dispensing of controlled substances recently, he (2) The applicant’s experience in controlled substances through the use of believed that such prescribing might be dispensing, or conducting research with his DEA registration from 1989 to 1992 necessary in the future. He also stated respect to controlled substances. is reprehensible. However, like Judge that he has become a better doctor as a (3) The applicant’s conviction record Randall, the Acting Deputy result of his recovery and that there is under Federal or State laws relating to Administrator notes that Respondent no question that the situation that the manufacture, distribution, or offered evidence that his behavior was occurred with Mr. Kuntz would never dispensing of controlled substances. caused by his alcoholism, and that he happen again. (4) Compliance with applicable State, has taken numerous steps towards The Government contends that Federal, or local laws relating to recovery and has remained alcohol-free Respondent’s continued registration controlled substances. since October 1992. The Acting Deputy would be inconsistent with the public (5) Such other conduct which may Administrator also finds significant that interest in light of the fact that he threaten the public health and safety. there is no evidence that Respondent allowed Mr. Kurtz to use his DEA These factors are to be considered in the has improperly dispensed controlled registration to issue over 2,000 disjunctive; the Deputy Administrator substances or allowed the improper controlled substance prescriptions, and may rely on any one or a combination dispensing of controlled substances in so doing, violated numerous of factors and may give each factor the since November 1992. provisions of both state and Federal weight he deems appropriate in As Judge Randall noted regarding laws and regulations. The Government determining whether a registration factor three, ‘‘[t]he record contains no also argues that Respondent’s conduct is should be revoked or an application for evidence that the Respondent has been all the more egregious since he felt that registration be denied. See Henry J. convicted of any Federal or State laws a number of the patients of the facility Schwarz, Jr., M.D., Docket No. 88–42, 54 relating to the manufacture, distribution were drug seekers; he was concerned Federal Register 16,422 (1989). or dispensing of controlled substances.’’ over the number of controlled substance Regarding factor one, there is no The Acting Deputy Administrator prescriptions being issued at the facility; evidence that any action has been taken concurs with Judge Randall that ‘‘[t]he and he was called to testify before a against Respondent’s license to practice Respondent’s lack of responsibility in grand jury regarding the prescribing and medicine or handle controlled dealing with Mr. Kurtz bears on factor billing practices of the facility. The substances by any State licensing board five.’’ While Respondent testified that Government questions Respondent’s or disciplinary authority. he has never frequently prescribed credibility, his lack of remorse, and his As to factors two and four, it is controlled substances, he exhibited an explanation that alcoholism was the undisputed that Respondent allowed an extremely cavalier attitude towards the cause of his problems. unsupervised physician assistant to potentially dangerous nature of these Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26821 drugs by allowing an unsupervised and Judge Randall concluded that ‘‘based Therefore, the Acting Deputy unauthorized physician assistant to upon the Respondent’s hearing Administrator finds that Respondent’s prescribe these substances at will. As a testimony and demeanor, and the fact DEA Certificate of Registration should DEA registrant, Respondent was that he has practiced medicine with his be continued subject to the following entrusted with the responsibility to DEA registration for over four years restrictions: ensure that controlled substances are without incident, I find it highly (1) For the years after the effective unlikely that he will engage in this type only dispensed for a legitimate medical date of this final order, Respondent of misconduct again.’’ However, she purpose. While working for Mr. Kurtz, shall submit at the end of every calendar Respondent miserably failed to carry out further concluded that ‘‘Respondent’s quarter, a log of all controlled his responsibilities as a DEA registrant. misconduct warrants future monitoring of his prescribing practices and some substances he has prescribed, Nevertheless, as Judge Randall notes, administered or dispensed during the ‘‘the record contains no evidence that remedial training.’’ Judge Randall recommended that Respondent’s previous quarter to the Special Agent in the Respondent has engaged in similar Charge of the nearest DEA office or his conduct since beginning treatment for continued registration subject to the designee. The log shall include the his alcohol addiction.’’ In addition, following conditions would be in the name of the patient, the date that the ‘‘Respondent has maintained his DEA public interest: controlled substance was prescribed, registration [since 1992] and acted (1) For two years after the date of the administered or dispensed, and the without incident.’’ The Acting Deputy final order, Respondent shall be name, dosage and quantity of the Administrator finds that while passage required quarterly to submit a of time alone is not dispositive, it is a controlled substance prescription log to controlled substance prescribed, consideration in assessing whether the local DEA office, with the type of log administered or dispensed. If no Respondent’s continued registration is entries to be determined by the Special controlled substances are prescribed, inconsistent with the public interest. Agent in Charge or a designated administered or dispensed during a See Norman Alpert, M.D., 58 F.R. representative. However, at a minimum given quarter, Respondent shall indicate 67,420 (1993). the log should record the name of the that fact in writing in lieu of submission patient, the date the prescription was Judge Randall found, and the Acting of the log. issued, and the name, dosage and Deputy Administrator concurs that (2) For three years after the effective quantity of the controlled substance date of this final order, Respondent ‘‘[t]he Government has proven by a prescribed. preponderance of the evidence that the (2) By not later than two years after shall notify in writing the Special Agent Respondent’s past conduct would the date of the final order, Respondent in Charge of the nearest DEA office of justify revocation of his DEA Certificate shall submit to the local DEA office his designee, if he assumes of Registration. Further, the Respondent evidence of successful completion, after responsibility for the supervision of a has taken no remedial courses to October of 1992, of formal training in physician assistant or any other mid- enhance his knowledge of the proper the proper prescribing of controlled level practitioner. prescribing practices related to substances. (3) For three years after the effective controlled substances.’’ However, (3) If Respondent’s current PHP date of this final order, Respondent is to Respondent has admitted and accepted contract requires urine screens, then continue his association with the PHP, responsibility for his past misconduct, Respondent shall keep these urine and if for any reason, the PHP no longer and there is no evidence of any screen results on file in his office for requires random urine screens, wrongdoing since November 1992, two years, and shall allow DEA to Respondent shall continue these screens when he began extensive treatment for review them upon reasonable request. at his own expense. Respondent shall his alcoholism. Following the expiration The Acting Deputy Administrator provide copies of the reports of the of his treatment contract with the PHP, agrees with Judge Randall that in light results of the screens upon reasonable Respondent voluntarily signed up for an of Respondent’s rehabilitative efforts, request by DEA personnel. additional monitoring program. In his acceptance of responsibility for his addition, it is the opinion of the past misconduct, his current (4) Within two years after the effective Assistant Medical Director at the PHP employment situation, and the lack of date of this final order, Respondent and Respondent’s psychiatrist that any wrongdoing since November 1992, shall submit to the local DEA office Respondent’s prognosis is excellent for revocation of Respondent’s DEA evidence of successful completion, after continued recovery and sobriety Certificate of Registration is not October of 1992, of formal training in provided that he continues to actively appropriate, but that some monitoring of the proper handling of controlled participate in his treatment program. his controlled substance handling and substances. Respondent’s family is extremely remedial training is appropriate to Accordingly, the Acting Deputy supportive of his recovery efforts. protect the public health and safety. The Administrator of the Drug Enforcement Further, Judge Randall found Acting Deputy Administrator agrees Administration, pursuant to the Respondent’s testimony credible that he with Judge Randall that Respondent authority vested in him by 21 U.S.C. 823 has been sober since October 1992. should receive some remedial training and 824, and 28 C.F.R. 0.100(b) and Respondent’s assertion is supported by within two years of this final order. 0.104, hereby orders that DEA the reports in evidence of Respondent’s However, given the nature and extent of Certificate of Registration AH6871049, negative urine screens for the presence Respondent’s previous misconduct, the issued to Robert G. Hallermeier, M.D., of alcohol or drugs. Finally, it appears Acting Deputy Administrator finds it be continued, and any pending that Respondent has learned from his appropriate to impose several additional applications be granted, subject to the past mistakes as evidenced by the fact restrictions than those recommended by above described restrictions. This order that he has refused the requests of his the Administrative Law Judge and to is effective June 16, 1997. subsequent employers to provide a require that these restrictions remain on signature stamp and considers it highly Respondent’s registration for three Dated: May 8, 1997. unlikely that he will ever work with years, the period of one full registration [FR Doc. 97–12802 Filed 5–14–97; 8:45 am] physician assistants again. cycle. BILLING CODE 4410±09±M 26822 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
DEPARTMENT OF JUSTICE Washington, D.C. 20534 or by calling of Directors on Wednesday, June 18th, 800–995–6423, ext. 159 or 202–307– from 9:00 am–4:00 pm, at the Crown National Institute of Corrections 3106, ext. 159. For overnight or hand Plaza Hotel located at Blvd. Lo´pez delivered mail, the address is 500 First Mateos y Av. de los Heroes No. 201, Solicitation for a Cooperative Street N.W., Room 700, Washington, DC Mexicali, B.C. Tel: (011–52–65) 57–36– Agreement 20534. All technical and/or 00. This quarterly public meeting of the SUMMARY: The Department of Justice programmatic questions concerning this Board will serve as its annual meeting. (DOJ), National Institute of Corrections announcement should be directed to FOR FURTHER INFORMATION CONTACT: M.R. (NIC) announces the availability of Eduardo Barajas, Jr at the above address Ybarra, Secretary, United States Section, funds in FY ’97 for a cooperative or by calling 800–995–6423, or 202– International Boundary and Water agreement to fund the ‘‘The Community 307–1300, ext. 127, or by E-mail via Commission, telephone: (915) 534– Justice’’ project. ebarajas@bop. gov. 6698; or Tracy Williams, Public PURPOSE: The National Institute of Eligible Applicants Outreach Coordinator, Border Environment Cooperation Commission, Corrections is seeking applications for a An eligible applicant is any private or cooperative agreement for an P.O. Box 221648, El Paso, Texas 79913, non-profit organization, institution, or telephone: (011–52–16) 29–23–95; fax: organization to work, in concert with individual. NIC, with the Deschutes County, OR (011–52–16) 29–23–97; e-mail: Community Justice Council. The Review Consideration [email protected]. council is made up of individuals Applicants received under this SUPPLEMENTARY INFORMATION: The U.S. representing the country’s criminal announcement will be subjected to an Section, International Boundary and justice components, elected or NIC 3 to 5 member Peer Review Process. Water Commission, on behalf of the appointed government officials, plus Border Environment Cooperation community and victims’ Number of Awards Commission (BECC), cordially invites representatives. This representative One (1). the public to attend the 12th Public body will serve as the locus for Meeting of the Board of Directors on transforming the concept and principles NIC Application Number Wednesday, June 18th, from 9:00 am– of community justice into actual 97C02 This number should appear 4:00 pm, at the Crown Plaza Hotel practice. Work will consist of as a reference line in your cover letter located at Blvd. Lo´pez Mateos y Av. de facilitating council meetings directed at and also in box 11 of Standard Form los Heroes No. 201, Mexicali, B.C. Tel: team building, instilling a sense of 424. (011–52–65) 57–36–00. This quarterly project ownership, and developing an public meeting of the Board will serve Executive Order 12372 understanding of community justice as its annual meeting. This program is subject to the principles and practices. The council Proposed Agenda, 9:00 am–4:00 pm will then direct collaborative efforts provisions of Executive Order 12372. among its components to transform the Executive Order 12372 allows States the 1. Opening of Public Meeting county’s criminal justice system into a option of setting up a system for —Approval of Minutes (Action Item) community justice system through reviewing applications from within —Approval of Proposed Agenda policy formulation and implementation. their States for assistance under certain (Action Item) 2. Executive Committee Report AUTHORITY: Public Law 93–415. Federal programs. Applicants (other than Federally-recognized Indian tribal 3. Managers Report FUNDS AVAILABLE: The award will be governments) should contact their State 4. Presentation of the 1996 Annual limited to a maximum total of $100,000 Single Point of Contact (SPOC), a list of Report (direct and indirect costs) and project which is included in the application kit, 5. Presentation on a Policy on Build, activity must be completed within 9 along with further instructions on Operate, Transfer Projects months of the date of award. One proposed projects serving more than one —Public Comments subsequent award, estimated at the State. —Board Consideration (Action Item) same level of funding and duration, will 6. Release of the Proposed Procedures be available to the successful applicant The Catalog of Federal Domestic Assistance number is: 16.603. Regarding Complaints for public for a succeeding project phase. Award review Dated: May 12, 1997. for the subsequent phase will be subject —Public Comments to satisfactory performance in the first Larry B. Solomon, —Board Consideration (Action Item) phase and on the availability of funds. Acting Director, National Institute of 7. Presentation on the Technical Funds may not be used for construction, Corrections. Assistance Program or to acquire or build real property. This [FR Doc. 97–12727 Filed 5–14–97; 8:45 am] —Public Comment project will be a collaborative venture BILLING CODE 4410±36±M —Board Consideration (Action Item) with the NIC Community Corrections 8. Presentation of Projects for Division. Certification Consideration DEADLINE FOR RECEIPT OF APPLICATIONS: INTERNATIONAL BOUNDARY AND • Parallel Conveyance System and Applications must be received in NIC’s WATER COMMISSION Rehabilitation of the San Antonio Washington, DC office by 4:00 p.m., de los Buenos Plant, Tijuana, B.C. Meeting Eastern time, Friday, July 11, 1997. —Public Comments ADDRESSES AND FURTHER INFORMATION: AGENCY: Border Environment —Board Consideration (Action Item) Requests for the application kit, which Cooperation Commission (BECC). • Ecoparque, Tijuana, B.C. includes further details on the project’s ACTION: Notice of annual public —Public Comments objectives, etc., should be directed to meeting. —Board Consideration (Action Item) Judy Evens, Grants Control Office, • South Bay Wastewater Reclamation National Institute of Corrections, 320 SUMMARY: This notice announces the Project, San Diego, CA First Street, N.W., Room 5007, 12th public meeting of the BECC Board —Public Comments Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26823
—Board Consideration (Action Item) NUCLEAR REGULATORY verification of automatic closure of • COMMISSION containment isolation valves and for manual Wastewater Collection Project, Alton, closure of any automatic containment TX [Docket No. 50±247] isolation valves that fail to close during a —Public Comments design basis event. Neither the probability Consolidated Edison Company of New nor the consequences of an accident —Board Consideration (Action Item) York; Notice of Consideration of previously analyzed is increased due to the 9. General Comments Issuance of Amendment to Facility proposed changes. Operating License, Proposed No (2) Does the proposed license amendment Anyone interested in submitting Significant Hazards Consideration create the possibility of a new or different written comments to the Board of kind of accident from any previously Determination, and Opportunity for a evaluated? Directors on any agenda item should Hearing send them to the BECC 15 days prior to Response: The capability to open Valve the public meeting. Anyone interested The U.S. Nuclear Regulatory 863 during an Appendix R event is maintained. Contacts from existing relays in making a brief statement to the Board Commission (the Commission) is will be used to provide the containment may do so during the public meeting. considering issuance of an amendment isolation and reset signal for Valve 863. This to Facility Operating License No. 26 Dated: May 9, 1997. signal will be used to de-energize the existing issued to Consolidated Edison Company SOV–863. No new electrical loads are added. M.R. Ybarra, of New York (the licensee) for operation Equipment associated with this modification Secretary, U.S. IBWC. of the Indian Point Nuclear Generating will be seismically installed. Therefore, the [FR Doc. 97–12722 Filed 5–14–97; 8:45 am] Unit No. 2 located in Westchester proposed changes do not create an accident or malfunction of safety equipment of a BILLING CODE 4710±13±M County, New York. The proposed amendment would remove containment different type. (3) Does the proposed amendment involve isolation valve 863 from Technical a significant reduction in the margin of Specification Table 3.6–1, ‘‘Non- safety? NATIONAL SCIENCE FOUNDATION Automatic Containment Isolation Valves Response: This modification will provide a Open Continuously Or Intermittently for signal that will close Valve 863 on Phase A Meeting Plant Operation.’’ Removal of the valve Containment Isolation and reset capability from the table would allow a for this valve that is consistent with other The National Science Foundation modification to change the valve to an automatic containment isolation valves. This announces the following meeting: automatically closing valve upon the is an enhancement to the system which receipt of a Phase A Containment already meets the requirements of GDC Name: Interagency Arctic Research Policy [General Design Criteria] 57. The capability Committee (IARPC). Isolation Signal. to open Valve 863 during an Appendix R Date and Time: Tuesday, June 3, 1997, Before issuance of the proposed event is maintained. Therefore, the proposed 2:00–3:30 p.m. license amendment, the Commission amendment does not involve a significant Place: National Science Foundation, Room will have made findings required by the reduction in the margin of safety. 375, 4201 Wilson Blvd., Arlington, VA. Atomic Energy Act of 1954, as amended The NRC staff has reviewed the Type of Meeting: Closed. The meeting is (the Act) and the Commission’s licensee’s analysis and, based on this closed to the public because future fiscal year regulations. review, it appears that the three budget and program issues will be discussed. The Commission has made a standards of 10 CFR 50.92(c) are Contact Person: Charles E. Myers, Office of proposed determination that the satisfied. Therefore, the NRC staff Polar Programs, Room 755, National Science amendment request involves no proposes to determine that the Foundation, Arlington, VA 22230, significant hazards consideration. Under amendment request involves no Telephone: (703) 306–1029. the Commission’s regulations in 10 CFR significant hazards consideration. Purpose of Committee: The Interagency 50.92, this means that operation of the The Commission is seeking public Arctic Research Policy Committee was facility in accordance with the proposed comments on this proposed established by Public Law 98–373, the Arctic amendment would not (1) Involve a determination. Any comments received Research and Policy Act, to help set priorities significant increase in the probability or within 30 days after the date of for future arctic research, assist in the consequences of an accident previously publication of this notice will be development of a national arctic research evaluated; or (2) create the possibility of considered in making any final policy, prepare a multi-agency budget and a new or different kind of accident from determination. Plan for artic research, and simplify any accident previously evaluated; or Normally, the Commission will not coordination of arctic research. (3) involve a significant reduction in a issue the amendment until the Proposed Meeting Agenda Items margin of safety. As required by 10 CFR expiration of the 30-day notice period. 50.91(a), the licensee has provided its However, should circumstances change 1. U.S. Arctic Policy analysis of the issue of no significant 2. IARPC Program Initiatives during the notice period such that hazards consideration, which is failure to act in a timely way would 3. Implementation of Program Initiatives presented below: 4. Approval of Biennial Revision to U.S. result, for example, in derating or Arctic Research Plan (1) Does the proposed license amendment shutdown of the facility, the involve a significant increase in the Commission may issue the license Charles E. Myers, probability or consequences of an accident amendment before the expiration of the Head, Arctic Interagency Staff, Office of Polar previously evaluated? 30-day notice period, provided that its Programs. Response: There are no new failure modes final determination is that the [FR Doc. 97–12760 Filed 5–14–97; 8:45 am] introduced by the proposed modification. amendment involves no significant BILLING CODE 7555±01±M Normal operation of Valve 863 is not altered by this modification. This modification hazards consideration. The final provides for automatic closure of Valve 863 determination will consider all public during a design basis event, rather than and State comments received. Should relying on manual action. The EOPs the Commission take this action, it will [emergency operating procedures] provide for publish in the Federal Register a notice 26824 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices of issuance and provide for opportunity following factors: (1) The nature of the final determination will serve to decide for a hearing after issuance. The petitioner’s right under the Act to be when the hearing is held. Commission expects that the need to made party to the proceeding; (2) the If the final determination is that the take this action will occur very nature and extent of the petitioner’s amendment request involves no infrequently. property, financial, or other interest in significant hazards consideration, the Written comments may be submitted the proceeding; and (3) the possible Commission may issue the amendment by mail to the Chief, Rules Review and effect of any order which may be and make it immediately effective, Directives Branch, Division of Freedom entered in the proceeding on the notwithstanding the request for a of Information and Publications petitioner’s interest. The petition should hearing. Any hearing held would take Services, Office of Administration, U.S. also identify the specific aspect(s) of the place after issuance of the amendment. Nuclear Regulatory Commission, subject matter of the proceeding as to If the final determination is that the Washington, DC 20555–0001, and which petitioner wishes to intervene. amendment request involves a should cite the publication date and Any person who has filed a petition for significant hazards consideration, any page number of this Federal Register leave to intervene or who has been hearing held would take place before notice. Written comments may also be admitted as a party may amend the the issuance of any amendment. delivered to Room 6D22, Two White petition without requesting leave of the A request for a hearing or a petition Flint North, 11545 Rockville Pike, Board up to 15 days prior to the first for leave to intervene must be filed with Rockville, Maryland, from 7:30 a.m. to prehearing conference scheduled in the the Secretary of the Commission, U.S. 4:15 p.m. Federal workdays. Copies of proceeding, but such an amended Nuclear Regulatory Commission, written comments received may be petition must satisfy the specificity Washington, DC 20555–0001, Attention: examined at the NRC Public Document requirements described above. Docketing and Services Branch, or may be delivered to the Commission’s Public Room, the Gelman Building, 2120 L Not later than 15 days prior to the first Document Room, the Gelman Building, Street, NW., Washington, DC. prehearing conference scheduled in the 2120 L Street, NW., Washington, DC, by The filing of requests for hearing and proceeding, a petitioner shall file a the above date. Where petitions are filed petitions for leave to intervene is supplement to the petition to intervene discussed below. during the last 10 days of the notice which must include a list of the By June 16, 1997, the licensee may period, it is requested that the petitioner contentions which are sought to be file a request for a hearing with respect promptly so inform the Commission by to issuance of the amendment to the litigated in the matter. Each contention a toll-free telephone call to Western subject facility operating license and must consist of a specific statement of Union at 1–(800) 248–5100 (in Missouri any person whose interest may be the issue of law or fact to be raised or 1–(800) 342–6700). The Western Union affected by this proceeding and who controverted. In addition, the petitioner operator should be given Datagram wishes to participate as a party in the shall provide a brief explanation of the Identification Number N1023 and the proceeding must file a written request bases of the contention and a concise following message addressed to S. Singh for a hearing and a petition for leave to statement of the alleged facts or expert Bajwa: petitioner’s name and telephone intervene. Requests for a hearing and a opinion which support the contention number, date petition was mailed, plant petition for leave to intervene shall be and on which the petitioner intends to name, and publication date and page filed in accordance with the rely in proving the contention at the number of this Federal Register notice. Commission’s ‘‘Rules of Practice for hearing. The petitioner must also A copy of the petition should also be Domestic Licensing Proceedings’’ in 10 provide references to those specific sent to the Office of the General CFR Part 2. Interested persons should sources and documents of which the Counsel, U.S. Nuclear Regulatory consult a current copy of 10 CFR 2.714 petitioner is aware and on which the Commission, Washington, DC 20555– which is available at the Commission’s petitioner intends to rely to establish 0001, and to Brent L. Brandenburg, Esq., Public Document Room, the Gelman those facts or expert opinion. Petitioner 4 Irving Place, New York, New York Building, 2120 L Street, NW., must provide sufficient information to 10003, attorney for the licensee. Washington, DC, and at the local public show that a genuine dispute exists with Nontimely filings of petitions for document room located at the White the applicant on a material issue of law leave to intervene, amended petitions, Plains Public Library, 100 Martine or fact. Contentions shall be limited to supplemental petitions and/or requests Avenue, White Plains, New York 10610. matters within the scope of the for hearing will not be entertained If a request for a hearing or petition for amendment under consideration. The absent a determination by the leave to intervene is filed by the above contention must be one which, if Commission, the presiding officer or the date, the Commission or an Atomic proven, would entitle the petitioner to presiding Atomic Safety and Licensing Safety and Licensing Board, designated relief. A petitioner who fails to file such Board that the petition and/or request by the Commission or by the Chairman a supplement which satisfies these should be granted based upon a of the Atomic Safety and Licensing requirements with respect to at least one balancing of the factors specified in 10 Board Panel, will rule on the request contention will not be permitted to CFR 2.714(a)(1) (i)–(v) and 2.714(d). and/or petition; and the Secretary or the participate as a party. For further details with respect to this designated Atomic Safety and Licensing Those permitted to intervene become action, see the application for Board will issue a notice of hearing or parties to the proceeding, subject to any amendment dated March 31, 1997, an appropriate order. limitations in the order granting leave to which is available for public inspection As required by 10 CFR 2.714, a intervene, and have the opportunity to at the Commission’s Public Document petition for leave to intervene shall set participate fully in the conduct of the Room, the Gelman Building, 2120 L forth with particularity the interest of hearing, including the opportunity to Street, NW., Washington, DC, and at the the petitioner in the proceeding, and present evidence and cross-examine local public document room located at how that interest may be affected by the witnesses. the White Plains Public Library, 100 results of the proceeding. The petition If a hearing is requested, the Martine Avenue, White Plains, New should specifically explain the reasons Commission will make a final York 10610. why intervention should be permitted determination on the issue of no Dated at Rockville, Maryland, this 8th day with particular reference to the significant hazards consideration. The of May 1997. Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26825
For the Nuclear Regulatory Commission. A meeting notice will be issued further stated that special circumstances Jefferey F. Harold, stating the date and time of the meeting. are present when ‘‘Application of the Project Manager, Project Directorate, Division Dated at Rockville, Maryland, this 9th day regulation in the particular of Reactor Projects, Office of Nuclear Reactor of May 1997. circumstances would not serve the Regulation. For the Nuclear Regulatory Commission. underlying purpose of the rule or is not necessary to achieve the underlying [FR Doc. 97–12736 Filed 5–14–97; 8:45 am] Steven A. Reynolds, purpose of the rule.’’ BILLING CODE 7590±01±P Chief, Special Projects Office—Licensing, Office of Nuclear Reactor Regulation. IV NUCLEAR REGULATORY [FR Doc. 97–12738 Filed 5–14–97; 8:45 am] It is required in 10 CFR 50.71(e)(4) COMMISSION BILLING CODE 7590±01±P that all licensees update their FSARs at least every refueling outage and no less Northeast Utilities; Notice of Document frequently than every 2 years. When two Availability and Public Meeting NUCLEAR REGULATORY units share a common FSAR, the rule COMMISSION has the effect of making the licensee On May 2, 1997, the U.S. Nuclear [Docket Nos. 50±387 and 50±388] update the FSAR roughly every 12 to 18 Regulatory Commission (NRC) received months; this is contrary to the intent of from Little Harbor Consultants, Inc. Pennsylvania Power & Light Company, the rule. The authors of the rule (LHC), the Independent, Third-Party Susquehanna Steam Electric Station, recognized the effect of the rule’s Oversight Program (ITPOP) Units 1 and 2; Exemption language on multiple facilities sharing a organization, its oversight plan for common FSAR in responding to monitoring Northeast Nuclear Energy I comments on the rulemaking by stating Company’s (NNECO’s) implementation The Pennsylvania Power & Light that licensees will have maximum of its employee safety concerns Company (PP&L, the licensee) is the flexibility for scheduling updates to program. The oversight plan is in holder of Facility Operating License their FSARs on a case-by-case basis; response to an NRC Order. On October Nos. NPF–14 and NPF–22, which however, the final rule does not address 24, 1996, the Director of the Office of authorize operation of the Susquehanna multiple facilities (57 FR 39353, August Nuclear Reactor Regulation sent an Steam Electric Station (SSES), Units 1 31, 1992). Order to NNECO requiring (1) A and 2. The license provides, among The requested exemption would comprehensive plan for resolving the other things, that the licensee is subject require periodic updates once per Millstone station employees’ safety to all rules, regulations, and orders of refueling cycle, based on SSES Unit 2 concerns and (2) an independent, third- the Nuclear Regulatory Commission (the refueling outage schedule, but not to party oversight of NNECO’s Commission) now or hereafter in effect. exceed 24 months from the last implementation of this plan. Copies of These facilities consist of two boiling submittal. The requirement that an LHC’s oversight plan is available at the water reactors located at the licensee’s update be submitted within 6 months of Waterford Public Library, ATTN: Mr. site in Luzerne County, Pennsylvania. an outage of each unit is not retained. Vincent Juliano, 49 Rope Ferry Road, Allowing the exemption would Waterford, Connecticut, and the II maintain the SSES FSAR current within Learning Resources Center, Three Rivers Part 50 of Title 10 of the Code of 24 months of the last revision and Community-Technical College, 574 New Federal Regulations (10 CFR) 10 CFR would not exceed a 24-month interval London Turnpike, Norwich, 50.71, ‘‘Maintenance of records, making for submission of the 10 CFR 50.59 Connecticut. of reports,’’ paragraph (e)(4) states, in design change report for either unit. The NRC will hold a public meeting part, that ‘‘Subsequent revisions [to the V regarding the oversight plan. The Final Safety Analysis Report (FSAR)] meeting will be held in the near future must be filed annually or 6 months after The licensee’s special circumstance is at the Waterford Town Hall in each refueling outage provided the that, as stated in 10 CFR 50.12(a)(2)(ii), Waterford, Connecticut. The meeting interval between successive updates to ‘‘Application of the regulation in the will be open to public attendance and the FSAR does not exceed 24 months.’’ particular circumstances would not will be transcribed. The NRC has The two SSES units share a common serve the underlying purpose of the rule elected to hold such a public meeting FSAR; therefore, this rule requires the or is not necessary to achieve the because of the public’s interest. licensee to update the same document underlying purpose of the rule,’’ when The structure of the public meeting within 6 months after a refueling outage it applies to the frequency of updating shall be as follows: for either unit. the FSAR for dual units. When two units share a common FSAR, the rule NRC opening remarks III stated in 10 CFR 50.71(e)(4), which Members of the public comments and It is stated in 10 CFR 50.12(a), requires that all licensees update their questions ‘‘Specific exemptions,’’ that, ‘‘The FSAR at least every refueling outage and NRC closing remarks Commission may, upon application by no less frequently than every 2 years, Meeting concludes any interested person or upon its own has the effect of making the licensee The purpose of this public meeting is initiative, grant exemptions from the update the FSAR approximately every to obtain comments from members of requirements of the regulations of this 12 to 18 months. This is contrary to the the public for NRC staff use in part, which are—(1) Authorized by law, intent of the rule. evaluating LHC’s oversight plan. The will not present an undue risk to the The licensee’s proposed schedule for staff will not offer any preliminary public health and safety, and are FSAR updates will ensure that the SSES views on its evaluation of the oversight consistent with the common defense FSAR will be maintained current within plan. The public meeting will be and security. (2) The Commission will 24 months of the last revision and, the chaired by a senior NRC official who not consider granting an exemption interval for submission of the 10 CFR will limit presentations to the above unless special circumstances are 50.59 design change report will not subject. present.’’ In 10 CFR 50.12(a)(2)(ii), it is exceed 24 months. The Commission has 26826 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices determined that, pursuant to 10 CFR Filtration System,’’ and add a new TS accident from any accident previously 50.12, an exemption is authorized by Section 3/4.7.11, ‘‘Switchgear and evaluated. law, will not present an undue risk to Penetration Area Ventilation System.’’ The proposed changes do not involve any the public health and safety and is The change to TS 3/4.7.7 would allow modification or changes to the mode of operation of the subject HVAC systems. It consistent with common defense or for an increase in the allowed outage does not change the basic way in which the security, and is otherwise in the public time from 7 to 14 days when one subject HVAC systems are operated. By interest. The Commission has also auxiliary building exhaust fan is maintaining the equipment or components determined that special circumstances inoperable. The new TS 3/4.7.11 required in the proposed changes adequate are present as defined in 10 CFR addresses the support function this cooling is assured to the areas served by the 50.12(a)(2)(ii), which is, ‘‘Application of system provides to other necessary subject HVAC systems. the regulation in the particular safety support components. Therefore, the change will not create the circumstances would not serve the Before issuance of the proposed possibility of a new or different kind of underlying purpose of the rule or is not accident from any accident previously license amendment, the Commission evaluated. necessary to achieve the underlying will have made findings required by the 3. The proposed change does not involve purpose of the rule.’’ The Commission Atomic Energy Act of 1954, as amended a significant reduction in a margin of safety. hereby grants the licensee an exemption (the Act) and the Commission’s The subject HVAC systems are support from the requirement of 10 CFR regulations. systems which provide area cooling. The 50.71(e)(4) to submit updates to the The Commission has made a proposed changes do not involve any SSES FSAR within 6 months of each proposed determination that the modification to the subject HVAC systems or outage. The licensee will be required to changes to the mode of operation of the amendment request involves no systems. The proposed changes to TS submit updates to the FSAR based upon significant hazards consideration. Under the Unit 2 refueling cycle frequency. establish controls to better ensure the subject the Commission’s regulations in 10 CFR HVAC systems will be able to perform their The exemption will allow the licensee 50.92, this means that operation of the intended design function and ensures that to maintain the SSES FSAR within 24 facility in accordance with the proposed the safety functions of support equipment are months of the last revision and not to amendment would not (1) Involve a maintained. exceed a 24-month interval for the significant increase in the probability or The proposed changes establish AOT’s for submission of the 10 CFR 50.59 consequences of an accident previously the SPAV system and modify the exhaust fan summary report for either unit. evaluated; or (2) create the possibility of AOT for the Auxiliary Building Exhaust Pursuant to 10 CFR 51.32, the Filtration system, but do not affect the a new or different kind of accident from operation of the subject HVAC systems, and Commission has determined that the any accident previously evaluated; or granting of this exemption will have no thus do not involve a significant reduction in (3) involve a significant reduction in a a margin of safety. significant effect on the quality of the margin of safety. As required by 10 CFR human environment (62 FR 24980). This 50.91(a), the licensee has provided its The NRC staff has reviewed the exemption is effective upon issuance. analysis of the issue of no significant licensee’s analysis and, based on this Dated at Rockville, Maryland, this 9th day hazards consideration, which is review, it appears that the three of May 1997. presented below: standards of 10 CFR 50.92(c) are For the Nuclear Regulatory Commission. satisfied. Therefore, the NRC staff 1. The proposed change does not involve proposes to determine that the Samuel J. Collins, a significant increase in the probability or amendment request involves no Director, Office of Nuclear Reactor consequences of an accident previously Regulation. evaluated. significant hazards consideration. [FR Doc. 97–12740 Filed 5–14–97; 8:45 am] The proposed changes for TS 3/4.7.7 The Commission is seeking public involve changes to Action time periods. TS comments on this proposed BILLING CODE 7590±01±P section 3/4.7.11 is newly created to address determination. Any comments received the importance of the SPAV [switchgear and within 30 days after the date of penetration area ventilation] system in NUCLEAR REGULATORY publication of this notice will be ensuring proper temperature control for the considered in making any final COMMISSION areas that it serves. Actions are prescribed to determination. [Docket No. 50±311] ensure remedial measures are performed under certain conditions. The proposed Normally, the Commission will not Public Service Electric and Gas AOT’s have been evaluated and are issue the amendment until the Company; Notice of Consideration of commensurate with the safety significance expiration of the 30-day notice period. based upon PSA [probabilistic safety Issuance of Amendment to Facility However, should circumstances change assessment] calculations using industry during the notice period such that Operating License, Proposed No recognized methods. The Auxiliary Building Significant Hazards Consideration failure to act in a timely way would Exhaust Air Filtration and Switchgear and result, for example, in derating or Determination, and Opportunity for a Penetration Area Ventilation systems (herein Hearing referred to as ‘‘the subject HVAC [heating, shutdown of the facility, the ventilation, and air conditioning] systems’’) Commission may issue the license The U.S. Nuclear Regulatory are support systems providing cooling to amendment before the expiration of the Commission (the Commission) is their associated supply areas. The subject 30-day notice period, provided that its considering issuance of an amendment HVAC systems are not accident initiators of final determination is that the to Facility Operating License No. DPR– any accidents evaluated in the Safety amendment involves no significant 75 issued to Public Service Electric & Analysis Report. No physical changes to the hazards consideration. The final Gas Company (the licensee) for subject HVAC systems result from the determination will consider all public operation of Salem Nuclear Generating proposed TS changes. and State comments received. Should Therefore, the proposed changes do not Station, Unit 2, located in Salem significantly increase the probability or the Commission take this action, it will County, New Jersey. consequences of an accident previously publish in the Federal Register a notice The proposed amendment would evaluated. of issuance and provide for opportunity revise Technical Specification (TS)3/ 2. The proposed change does not create the for a hearing after issuance. The 4.7.7, ‘‘Auxiliary Building Exhaust Air possibility of a new or different kind of Commission expects that the need to Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26827 take this action will occur very nature and extent of the petitioner’s significant hazards consideration, the infrequently. property, financial, or other interest in Commission may issue the amendment Written comments may be submitted the proceeding; and (3) the possible and make it immediately effective, by mail to the Rules Review and effect of any order which may be notwithstanding the request for a Directives Branch, Division of Freedom entered in the proceeding on the hearing. Any hearing held would take of Information and Publications petitioner’s interest. The petition should place after issuance of the amendment. Services, Office of Administration, U.S. also identify the specific aspect(s) of the If the final determination is that the Nuclear Regulatory Commission, subject matter of the proceeding as to amendment request involves a Washington, DC 20555–0001, and which petitioner wishes to intervene. significant hazards consideration, any should cite the publication date and Any person who has filed a petition for hearing held would take place before page number of this Federal Register leave to intervene or who has been the issuance of any amendment. notice. Written comments may also be admitted as a party may amend the delivered to Room 6D22, Two White petition without requesting leave of the A request for a hearing or a petition Flint North, 11545 Rockville Pike, Board up to 15 days prior to the first for leave to intervene must be filed with Rockville, Maryland, from 7:30 a.m. to prehearing conference scheduled in the the Secretary of the Commission, U.S. 4:15 p.m. Federal workdays. Copies of proceeding, but such an amended Nuclear Regulatory Commission, written comments received may be petition must satisfy the specificity Washington, DC 20555–0001, Attention: examined at the NRC Public Document requirements described above. Docketing and Services Branch, or may Room, the Gelman Building, 2120 L Not later than 15 days prior to the first be delivered to the Commission’s Public Street, NW., Washington, DC. prehearing conference scheduled in the Document Room, the Gelman Building, The filing of requests for hearing and proceeding, a petitioner shall file a 2120 L Street, NW., Washington, DC, by petitions for leave to intervene is supplement to the petition to intervene the above date. Where petitions are filed discussed below. which must include a list of the during the last 10 days of the notice By June 16, 1997, the licensee may contentions which are sought to be period, it is requested that the petitioner file a request for a hearing with respect litigated in the matter. Each contention promptly so inform the Commission by to issuance of the amendment to the must consist of a specific statement of a toll-free telephone call to Western subject facility operating license and the issue of law or fact to be raised or Union at 1–(800) 248–5100 (in Missouri any person whose interest may be controverted. In addition, the petitioner 1–(800) 342–6700). The Western Union affected by this proceeding and who shall provide a brief explanation of the operator should be given Datagram wishes to participate as a party in the bases of the contention and a concise Identification Number N1023 and the proceeding must file a written request statement of the alleged facts or expert following message addressed to John F. for a hearing and a petition for leave to opinion which support the contention Stolz, Director, Project Directorate I–2, intervene. Requests for a hearing and a and on which the petitioner intends to petitioner’s name and telephone petition for leave to intervene shall be rely in proving the contention at the number, date petition was mailed, plant filed in accordance with the hearing. The petitioner must also name, and publication date and page Commission’s ‘‘Rules of Practice for provide references to those specific number of this Federal Register notice. Domestic Licensing Proceedings’’ in 10 sources and documents of which the A copy of the petition should also be CFR Part 2. Interested persons should petitioner is aware and on which the consult a current copy of 10 CFR 2.714 sent to the Office of the General petitioner intends to rely to establish Counsel, U.S. Nuclear Regulatory which is available at the Commission’s those facts or expert opinion. Petitioner Commission, Washington, DC 20555– Public Document Room, the Gelman must provide sufficient information to 0001, and to Mark J. Wetterhahn, Building, 2120 L Street, NW., show that a genuine dispute exists with Esquire, Winston and Strawn, 1400 L Washington, DC, and at the local public the applicant on a material issue of law Street, NW., Washington, DC 20005– document room located at the Salem or fact. Contentions shall be limited to 3502, attorney for the licensee. Free Public Library, 112 West matters within the scope of the Broadway, Salem, New Jersey 08079. If amendment under consideration. The Nontimely filings of petitions for a request for a hearing or petition for contention must be one which, if leave to intervene, amended petitions, leave to intervene is filed by the above proven, would entitle the petitioner to supplemental petitions and/or requests date, the Commission or an Atomic relief. A petitioner who fails to file such for hearing will not be entertained Safety and Licensing Board, designated a supplement which satisfies these absent a determination by the by the Commission or by the Chairman requirements with respect to at least one Commission, the presiding officer or the of the Atomic Safety and Licensing contention will not be permitted to presiding Atomic Safety and Licensing Board Panel, will rule on the request participate as a party. Board that the petition and/or request and/or petition; and the Secretary or the Those permitted to intervene become should be granted based upon a designated Atomic Safety and Licensing parties to the proceeding, subject to any balancing of the factors specified in 10 Board will issue a notice of hearing or limitations in the order granting leave to CFR 2.714(a)(1)(i)–(v) and 2.714(d). an appropriate order. intervene, and have the opportunity to As required by 10 CFR 2.714, a For further details with respect to this participate fully in the conduct of the action, see the application for petition for leave to intervene shall set hearing, including the opportunity to forth with particularity the interest of amendment dated May 1, 1997, which present evidence and cross-examine is available for public inspection at the the petitioner in the proceeding, and witnesses. Commission’s Public Document Room, how that interest may be affected by the If a hearing is requested, the the Gelman Building, 2120 L Street, results of the proceeding. The petition Commission will make a final should specifically explain the reasons determination on the issue of no NW., Washington, DC, and at the local why intervention should be permitted significant hazards consideration. The public document room located at the with particular reference to the final determination will serve to decide Salem Free Public Library, 112 West following factors: (1) The nature of the when the hearing is held. Broadway, Salem, New Jersey 08079. petitioner’s right under the Act to be If the final determination is that the Dated at Rockville, Maryland, this 9th day made party to the proceeding; (2) the amendment request involves no of May 1997. 26828 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
For the Nuclear Regulatory Commission. Secretary of the Commission, U.S. II Leonard N. Olshan, Nuclear Regulatory Commission, By letter dated September 4, 1996, as Project Manager, Project Directorate I–2, Washington, DC 20555, Attention: supplemented February 3, 1997, the Division of Reactor Projects—I/II, Office of Docketing and Services Branch, or may licensee requested an exemption to 10 Nuclear Reactor Regulation. be delivered to the Commission’s Public CFR 50.44, 10 CFR 50.46, and Appendix [FR Doc. 97–12739 Filed 5–14–97; 8:45 am] Document Room, the Gelman Building, K to 10 CFR Part 50 that would enable BILLING CODE 7590±01±P 2120 L Street, NW., Washington, DC, by the use of four demonstration fuel the above date. assemblies for three cycles, with the A copy of any petitions should also be initial irradiation planned for North NUCLEAR REGULATORY sent to the Office of the General COMMISSION Anna 1 Cycle 13. Irradiation of these Counsel, U.S. Nuclear Regulatory four fuel assemblies may occur in either [Docket Nos. 50±338 and 50±339] Commission, Washington, DC 20555, North Anna Unit 1 or North Anna Unit and to Michael W. Maupin, Esq., 2, or a combination of the two units, Virginia Electric and Power Company; Hunton and Williams, Riverfront Plaza, subject to the following constraints: Notice of Partial Denial of Amendment East Tower, 951 E. Byrd Street, (1) The assemblies are not to be to Facility Operating License and Richmond, Virginia 23219, attorney for irradiated for more than three full Opportunity for Hearing the licensee. operating cycles, and For further details with respect to this The U.S. Nuclear Regulatory (2) The maximum rod average burnup action, see (1) the application for Commission (the Commission) has of any fuel rod in these assemblies shall amendment dated September 4, 1996, as partially denied a request by Virginia not exceed the North Anna Units 1 and supplemented February 3, 1997, and (2) Electric and Power Company, (licensee) 2 lead rod burnup restriction of 60,000 the Commission’s letter to the licensee for an amendment to Facility Operating megawatt days per metric ton uranium dated May 9, 1997. License Nos. NPF–4 and NPF–7 issued (MWD/MTU). These documents are available for to the licensee for operation of the North The regulations cited above refer to public inspection at the Commission’s Anna Power Station, Unit Nos. 1 and 2, pressurized water reactors fueled with Public Document Room, the Gelman located in Louisa County, Virginia. uranium oxide pellets within Building, 2120 L Street, NW., Notice of Consideration of Issuance of cylindrical zircaloy or ZIRLO cladding. Washington, DC, and at the local public this amendment was published in the The four demonstration assemblies to be document room located at the Alderman Federal Register on December 4, 1996 used during these fuel cycles contain Library, Special Collections Department, (61 FR 64396). fuel rods with zirconium-based The purpose of the licensee’s University of Virginia, Charlottesville, claddings that are not chemically amendment request was to revise the Virginia 22903–2498. identical to zircaloy or ZIRLO. Technical Specifications (TS) to permit Dated at Rockville, Maryland, this 9th day Since 10 CFR 50.46 and Appendix K the insertion of four demonstration fuel of May 1997. to 10 CFR Part 50 identify requirements assemblies into the reactor core of either For the Nuclear Regulatory Commission. for calculating emergency core cooling North Anna 1 or North Anna 2, as Mark Reinhart, system (ECCS) performance for reactors described in the licensee’s submittal. Acting Project Director, Project Directorate containing fuel with zircaloy or ZIRLO The four lead test assemblies, fabricated II–1, Division of Reactor Projects—I/II, Office cladding, and 10 CFR 50.44 relates to by Framatome Cogema Fuels, will of Nuclear Reactor Regulation. the generation of hydrogen gas from a incorporate several advanced design [FR Doc. 97–12741 Filed 5–14–97; 8:45 am] metal-water reaction with reactor fuel features, including: a debris filter BILLING CODE 7590±01±P having zircaloy or ZIRLO cladding, an bottom nozzle, mid-span mixing grids, a exemption is needed to place the four floating top end grid, a quick disconnect demonstration assemblies containing top nozzle, and use of advanced NUCLEAR REGULATORY fuel rods with advanced zirconium- zirconium alloys for fuel assembly COMMISSION based cladding in the core. structural tubing and for fuel rod III cladding. A portion of the amendment [Docket Nos. 50±338 and 50±339] request included a proposal to amend Title 10 of the Code of Federal Section 6.9.1.7.b by adding one Virginia Electric and Power Company; Regulations at 50.12(a)(2)(ii) enables the sentence. Because the non-specific North Anna Power Station, Units 1 and Commission to grant an exemption from sentence does not specify methods used 2; Exemption the requirements of Part 50 when special circumstances are present such to determine core operating limits, the I proposal to add the sentence to the TS that application of the regulation in the is denied. Virginia Electric and Power Company particular circumstances would not The NRC staff has concluded that the (the licensee) is the holder of Facility serve the underlying purpose of the licensee’s request cannot fully be Operating License Nos. NPF–4 and rule, or is not necessary to achieve the granted. The licensee was notified of the NPF–7, which authorize operation of underlying purpose of the rule. The Commission’s partial denial of the North Anna Power Station, Unit Nos. 1 underlying purpose of 10 CFR 50.46 and proposed change by a letter dated May and 2 (NPS1&2). The licenses provide, 10 CFR Part 50, Appendix K, is to 9, 1997. among other things, that the licensee be establish requirements for the By June 16, 1997 the licensee may subject to all rules, regulations, and calculation of ECCS performance. The demand a hearing with respect to the Orders of the Nuclear Regulatory licensee has performed a calculation denial described above. Any person Commission (the Commission) now or demonstrating adequate ECCS whose interest may be affected by this hereafter in effect. performance for NPS1&2 and has shown proceeding may file a written petition The facility consists of two that the four demonstration assemblies for leave to intervene. pressurized water reactors at the do not have a significant impact on that A request for hearing or petition for licensee’s site located in Louisa County, previous calculation. The peak cladding leave to intervene must be filed with the Virginia. temperature of the demonstration Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26829 assemblies was significantly lower than that means are provided for the control consideration of the advanced the resident Westinghouse fuel. Using of hydrogen gas that may be generated zirconium-based clad fuel present the Baker-Just equation, the local following a postulated LOCA accident. within the four demonstration cladding oxidation of the demonstration The licensee has provided means for assemblies is not required in order to be assemblies was less than 5%. Also, the controlling hydrogen gas and has in compliance with these regulations. maximum hydrogen generation was previously considered the potential for This exemption applies only to the four unchanged with the inclusion of four hydrogen gas generation stemming from demonstration assemblies for the three demonstration assemblies. Therefore, a metal-water reaction. The small total operating cycles for which these the coolable geometry was maintained number of fuel rods in the four assemblies will be in the NPS–1 and following a loss-of-coolant accident demonstration assemblies containing NPS–2 reactor cores under the (LOCA). advanced zirconium-based claddings in constraints stated in Section II above. Paragraph I.A.5 of Appendix K to 10 conjunction with the chemical Pursuant to 10 CFR 51.32, the CFR part 50 states that the rates of similarity of the advanced claddings to Commission has determined that the energy release, hydrogen concentration, zircaloy and ZIRLO ensures that granting of this exemption will have no and cladding oxidation from the metal- previous calculations of hydrogen significant impact on the quality of the water reaction shall be calculated using production resulting from a metal-water human environment (62 FR 23504). the Baker-Just equation. Since the reaction would not be significantly This exemption is effective upon Baker-Just equation presumes the use of changed. As such, the licensee has issuance. achieved the underlying purpose of 10 zircaloy clad fuel, strict application of Dated at Rockville, Maryland this 9th day the rule would not permit use of the CFR 50.44. of May 1997. The four demonstration assemblies equation for advanced zirconium-based that will be placed in the NPS–1 reactor For the Nuclear Regulatory Commission. alloys for determining acceptable fuel during Cycles 13, 14, and 15, or in NPS– Samuel J. Collins, performance. The underlying intent of 2 under constraints previously Director, Office of Nuclear Reactor this portion of the Appendix, however, described, meet the same design bases Regulation. is to ensure that analysis of fuel as the fuel in the reactor during [FR Doc. 97–12737 Filed 5–14–97; 8:45 am] response to LOCAs is conservatively previous cycles. No safety limits or BILLING CODE 7590±01±P calculated. Due to the similarities in the setpoints have been altered as a result composition of the advanced zirconium- of the use of the four demonstration based alloys and Zircaloy/ZIRLO, the assemblies. The demonstration NUCLEAR REGULATORY application of the Baker-Just equation in assemblies will be placed in core COMMISSION the analysis of advanced zirconium- locations that will not experience [Docket No. 50±305] based clad fuel will conservatively limiting power peaking during the bound all post-LOCA scenarios. Thus, aforementioned operating cycles. The Wisconsin Public Service Company; the underlying purpose of the rule will advanced claddings have been tested for Wisconsin Power and Light Company; be met. Thus, special circumstances corrosion resistance, tensile and burst Madison Gas and Electric Company; exist to grant an exemption from strength, and creep characteristics. The Notice of Consideration of Issuance of Appendix K to 10 CFR part 50 that results indicate that the advanced Amendment To Facility Operating would allow the licensee to apply the claddings are safe for reactor service. License, Proposed No Significant Baker-Just equation to advanced IV Hazards Consideration Determination, zirconium-based alloys. Only LOCA and Opportunity for a Hearing methods approved by NRC were used to For the foregoing reasons, the NRC perform the calculations which staff has concluded that the use of the The United States Nuclear Regulatory demonstrated adequate safety four demonstration assemblies in the Commission (the Commission) is performance of ECCS systems. These NPS–1 reactor during Cycles 13, 14, and considering issuance of an amendment include: (1) RSG LOCA-B&W LOCA 15, or in NPS–2 under constraints to Facility Operating License No. DPR– evaluation model, (BAW 10168, Rev. 3), previously described, will not present 43 issued to Wisconsin Public Service (2) RELAP5/MOD2-B&W code, (BAW an undue risk to public health and Corporation, Wisconsin Power and 10164, Rev. 3), (3) the BEACH safety and is consistent with the Light Company, and Madison Gas and implementation of RELAP 5, (BAW– common defense and security. The NRC Electric Company (the licensee), for 10166, Rev. 4), and (4) REFLOD3B staff has determined that there are operation of the Kewaunee Nuclear (BAW–10171–PA, Rev. 3). The licensee special circumstances present as Power Plant, located in Kewaunee documented calculations which specified in 10 CFR 50.12(a)(2)(ii) such County, Wisconsin. demonstrate that existing North Anna that application of 10 CFR 50.46, 10 The proposed amendment would calculations based on the current fuel CFR Part 50, Appendix K, and 10 CFR change the main steam isolation valve design conservatively bound the LOCA 50.44 to only apply to zircaloy or ZIRLO (MSIV) closure time assumption performance of the demonstration is not necessary in order to achieve the referenced in the Basis for Technical assemblies as calculated by NRC- underlying purpose of these regulations. Specification (TS) 4.7. approved methods. Results of Accordingly, the Commission has Before issuance of the proposed comparative LOCA calculations with determined that pursuant to 10 CFR license amendment, the Commission the same plant operating parameters 50.12, an exemption is authorized by will have made findings required by the demonstrated that the LOCA law and will not endanger life or Atomic Energy Act of 1954, as amended calculational methods used are property or common defense and (the Act) and the Commission’s acceptable for the demonstration security and is otherwise in the public regulations. assemblies at North Anna. As such, the interest, and hereby grants Virginia The Commission has made a licensee has achieved the underlying Electric and Power Company an proposed determination that the purpose of 10 CFR 50.46 and 10 CFR exemption from the requirements of 10 amendment request involves no part 50, Appendix K. The underlying CFR 50.44, 10 CFR 50.46, and Appendix significant hazards consideration. Under purpose of 10 CFR 50.44 is to ensure K to 10 CFR Part 50 in that explicit the Commission’s regulations in 10 CFR 26830 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
50.92, this means that operation of the attributed to sticking limit switches, which Public Document Room, the Gelman facility in accordance with the proposed were valve indication problems, not valve Building, 2120 L Street, NW., amendment would not: (1) Involve a performance problems. The cause of the Washington, DC. significant increase in the probability or remaining failure was not explicitly identified. The MSIVs have been very The filing of requests for hearing and consequences of an accident previously reliable in meeting their timing tests. Using petitions for leave to intervene is evaluated; (2) create the possibility of a a closure assumption less than 10 seconds discussed below. new or different kind of accident from will continue to provide conservatism in the By June 16, 1997, the licensee may any accident previously evaluated; or MSLB accident analysis, as long as the value file a request for a hearing with respect (3) involve a significant reduction in a chosen meets the value required by TS 4.7. to issuance of the amendment to the margin of safety. As required by 10 CFR Any future MSLB analyses implementing subject facility operating license and 50.91(a), the licensee has provided its the less conservative MSIV closure any person whose interest may be analysis of the issue of no significant assumption must continue to meet the acceptance criteria required by Kewaunee’s affected by this proceeding and who hazards consideration, which is Updated Safety Analysis Report (USAR), and wishes to participate as a party in the presented below: thereby, demonstrate that adequate margin of proceeding must file a written request The proposed changes were reviewed in safety is maintained. for a hearing and a petition for leave to accordance with the provisions of 10 CFR The NRC staff has reviewed the intervene. Requests for a hearing and a 50.92 to determine that no significant licensee’s analysis and, based on this petition for leave to intervene shall be hazards exist. The proposed changes will not: filed in accordance with the 1. Involve a significant increase in the review, it appears that the three standards of 10 CFR 50.92(c) are Commission’s, ‘‘Rules of Practice for probability or consequences of an accident Domestic Licensing Proceedings,’’ in 10 previously evaluated. satisfied. Therefore, the NRC staff The closure time for the (MSIVs) is not an proposes to determine that the CFR part 2. Interested persons should accident initiator. The surveillance amendment request involves no consult a current copy of 10 CFR 2.714, requirement for the MSIVs will remain significant hazards consideration. which is available at the Commission’s unchanged. Therefore, this change will not The Commission is seeking public Public Document Room, the Gelman increase the probability of occurrence of an comments on this proposed Building, 2120 L Street, NW., accident previously evaluated. determination. Any comments received Washington, DC, and at the local public The main steam line break (MSLB) within 30 days after the date of document room located at the accident analysis has many conservative University of Wisconsin, Cofrin Library, input assumptions. The 10 second MSIV publication of this notice will be closure value is overly conservative. This considered in making any final 2420 Nicolet Drive, Green Bay, WI. If a value can be reduced to a value greater than determination. request for a hearing or petition for or equal to the value required by TS 4.7 and Normally, the Commission will not leave to intervene is filed by the above will still be a conservative value with regard issue the amendment until the date, the Commission or an Atomic to actual closure times expected. Changing expiration of the 30-day notice period. Safety and Licensing Board, designated the analysis input assumptions will result in However, should circumstances change by the Commission or by the Chairman less severe analytical consequences, but does during the notice period such that of the Atomic Safety and Licensing not change the underlying accident failure to act in a timely way would Board Panel, will rule on the request progression. Therefore, this change will not and/or petition; and the Secretary or the increase the consequences of an accident result, for example, in preventing previously analyzed. startup of the facility, the Commission designated Atomic Safety and Licensing 2. Create the possibility of a new or may issue the license amendment before Board will issue a notice of hearing or different kind of accident from any accident the expiration of the 30-day notice an appropriate order. previously evaluated. period, provided that its final As required by 10 CFR 2.714, a This change revises a specified analysis determination is that the amendment petition for leave to intervene shall set assumption for MSIV closure in the Basis for involves no significant hazards forth with particularity the interest of TS 4.7. Changing the closure time allowed for consideration. The final determination the petitioner in the proceeding, and analysis purposes will not create a new or how that interest may be affected by the different kind of accident from any accident will consider all public and State previously evaluated. comments received. Should the results of the proceeding. The petition 3. Involve a significant reduction in the Commission take this action, it will should specifically explain the reasons margin of safety. publish, in the Federal Register, a why intervention should be permitted The MSLB accident analysis employs notice of issuance and provide for with particular reference to the several conservative input assumptions. The opportunity for a hearing after issuance. following factors: (1) The nature of the revised assumption for the MSIVs is The Commission expects that the need petitioner’s right under the Act to be conservative with respect to actual valve to take this action will occur very made party to the proceeding; (2) the performance. The surveillance test results for infrequently. nature and extent of the petitioner’s the MSIVs over the past 10 years, a total of Written comments may be submitted property, financial, or other interest in 53 tests, revealed that the MSIVs close within 3–4 seconds, with them closing between 4– by mail to the Rules Review and the proceeding; and (3) the possible 5 seconds on only 4 occasions. The Directives Branch, Division of Freedom effect of any order which may be surveillance tests are performed during of Information and Publications entered in the proceeding on the intermediate or hot shutdown conditions to Services, Office of Administration, U.S. petitioner’s interest. The petition should test in an environment most similar to Nuclear Regulatory Commission, also identify the specific aspect(s) of the accident conditions. There is negligible flow Washington, DC 20555, and should cite subject matter of the proceeding as to through the main steam lines during this test. the publication date and page number of which petitioner wishes to intervene. Since the valves are tested at a condition this Federal Register notice. Written Any person who has filed a petition for with negligible flow, during an accident the comments may also be delivered to leave to intervene or who has been valves would close more quickly as the valve disc enters the flow stream. In the past 10 Room 6D22, Two White Flint North, admitted as a party may amend the years, one MSIV failed to meet its timing test 11545 Rockville Pike, Rockville, MD, petition without requesting leave of the on one occasion, and the other MSIV failed from 7:30 a.m. to 4:15 p.m. on Federal Board up to 15 days prior to the first to meet its timing test on two occasions. The workdays. Copies of written comments prehearing conference scheduled in the cause of two of the three failures was received may be examined at the NRC proceeding, but such an amended Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26831 petition must satisfy the specificity Washington, DC 20555, Attention: ACTION: Notice of interest rates and requirements described above. Docketing and Services Branch, or may assumptions. Not later than 15 days prior to the first be delivered to the Commission’s Public prehearing conference scheduled in the Document Room, the Gelman Building, SUMMARY: This notice informs the public proceeding, a petitioner shall file a 2120 L Street, NW., Washington, DC, by of the interest rates and assumptions to supplement to the petition to intervene the above date. Where petitions are filed be used under certain Pension Benefit which must include a list of the during the last 10 days of the notice Guaranty Corporation regulations. These contentions which are sought to be period, it is requested that the petitioner rates and assumptions are published litigated in the matter. Each contention promptly so inform the Commission by elsewhere (or are derivable from rates must consist of a specific statement of a toll-free telephone call to Western published elsewhere), but are collected the issue of law or fact to be raised or Union at 1–800–248–5100 (in Missouri, and published in this notice for the controverted. In addition, the petitioner 1–800–342–6700). The Western Union convenience of the public. Interest rates shall provide a brief explanation of the operator should be given Datagram are also published on the PBGC’s home bases of the contention and a concise Identification Number N1023 and the page (http://www.pbgc.gov). statement of the alleged facts or expert following message addressed to Gail H. DATES: The interest rate for determining opinion which support the contention Marcus: petitioner’s name and the variable-rate premium under part and on which the petitioner intends to telephone number, date petition was 4006 applies to premium payment years rely in proving the contention at the mailed, plant name, and publication beginning in May 1997. The interest hearing. The petitioner must also date and page number of this Federal assumptions for performing provide references to those specific Register notice. A copy of the petition multiemployer plan valuations sources and documents of which the should also be sent to the Office of the following mass withdrawal under part petitioner is aware and on which the General Counsel, U.S. Nuclear 4281 apply to valuation dates occurring petitioner intends to rely to establish Regulatory Commission, Washington, in June 1997. those facts or expert opinion. The DC 20555, and to Bradley D. Jackson, FOR FURTHER INFORMATION CONTACT: petitioner must provide sufficient Esq., Foley and Lardner, P.O. Box 1497, Harold J. Ashner, Assistant General information to show that a genuine Madison, WI 53701–1497, attorney for Counsel, Office of the General Counsel, dispute exists with the applicant on a the licensee. Pension Benefit Guaranty Corporation, material issue of law or fact. Nontimely filings of petitions for 1200 K Street, NW., Washington, DC Contentions shall be limited to matters leave to intervene, amended petitions, 20005, 202–326–4024 (202–326–4179 within the scope of the amendment supplemental petitions and/or requests for TTY and TDD). under consideration. The contention for hearing will not be entertained SUPPLEMENTARY INFORMATION: must be one which, if proven, would absent a determination by the entitle the petitioner to relief. A Commission, the presiding officer or the Variable-Rate Premiums petitioner who fails to file such a presiding Atomic Safety and Licensing Section 4006(a)(3)(E)(iii)(II) of the supplement which satisfies these Board that the petition and/or request Employee Retirement Income Security requirements with respect to at least one should be granted based upon a Act of 1974 and § 4006.4(b)(1) of the contention will not be permitted to balancing of the factors specified in 10 PBGC’s regulation on Premium Rates participate as a party. CFR 2.714(a)(1)(i)-(v) and 2.714(d). (29 CFR part 4006) prescribe use of an Those permitted to intervene become For further details with respect to this assumed interest rate in determining a parties to the proceeding, subject to any action, see the application for single-employer plan’s variable-rate limitations in the order granting leave to amendment dated May 2, 1997, which premium. The rate is a specified intervene, and have the opportunity to is available for public inspection at the percentage (currently 80 percent) of the participate fully in the conduct of the Commission’s Public Document Room, annual yield on 30-year Treasury hearing, including the opportunity to the Gelman Building, 2120 L Street, securities for the month preceding the present evidence and cross-examine NW., Washington, DC, and at the local beginning of the plan year for which witnesses. public document room located at the premiums are being paid (the ‘‘premium If a hearing is requested, the University of Wisconsin, Cofrin Library, payment year’’). The yield figure is Commission will make a final 2420 Nicolet Drive, Green Bay, WI. reported in Federal Reserve Statistical determination on the issue of no Dated at Rockville, Maryland, this 8th day Releases G.13 and H.15. significant hazards consideration. The of May 1997. The assumed interest rate to be used final determination will serve to decide For the Nuclear Regulatory Commission. in determining variable-rate premiums when the hearing is held. Richard J. Laufer, for premium payment years beginning If the final determination is that the Project Manager, Project Directorate III–3, in May 1997 (i.e., 80 percent of the yield amendment request involves no Division of Reactor Projects III/IV, Office of figure for April 1997) is 5.67 percent. significant hazards consideration, the Nuclear Reactor Regulation. The following table lists the assumed Commission may issue the amendment [FR Doc. 97–12735 Filed 5–14–97; 8:45 am] interest rates to be used in determining and make it immediately effective, BILLING CODE 7590±01±P variable-rate premiums for premium notwithstanding the request for a payment years beginning between June hearing. Any hearing held would take 1996 and May 1997. place after issuance of the amendment. If the final determination is that the PENSION BENEFIT GUARANTY CORPORATION The re- amendment request involves a For premium payment years begin- quired significant hazards consideration, any ning in: interest Interest Assumption for Determining rate is: hearing held would take place before Variable-Rate Premium; Interest the issuance of any amendment. Assumptions for Multiemployer Plan June 1996 ...... 5.54 A request for a hearing or a petition Valuations Following Mass Withdrawal July 1996 ...... 5.65 for leave to intervene must be filed with August 1996 ...... 5.62 the Secretary of the Commission, U.S. AGENCY: Pension Benefit Guaranty September 1996 ...... 5.47 Nuclear Regulatory Commission, Corporation. October 1996 ...... 5.62 26832 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
The re- I. Self-Regulatory Organization’s $1.00 per share, for securities traded on For premium payment years begin- quired Statement of the Terms of Substance of both the CHX and the Amex that are ning in: interest the Proposed Rule Change selling above $0.25. This change will rate is: The Exchange proposes to add become effective upon the November 1996 ...... 5.45 interpretation and policy .01 to Rule 22 Commission’s approval and December 1996 ...... 5.18 of Article XX of the Exchange’s Rules. implementation of SR–Amex–97–14.4 January 1997 ...... 5.24 2. Statutory Basis February 1997 ...... 5.46 II. Self-Regulatory Organization’s March 1997 ...... 5.35 Statement of the Purpose of, and The Exchange believes the proposed April 1997 ...... 5.54 Statutory Basis for, the Proposed Rule rule change is consistent with section May 1997 ...... 5.67 Change 6(b)(5) of the Act in that it is designed In its filing with the Commission, the to promote just and equitable principles Multiemployer Plan Valuations self-regulatory organization included of trade, to remove impediments and to Following Mass Withdrawal statements concerning the purpose of perfect the mechanism of a free and The PBGC’s regulation on Duties of and basis for the proposed rule change open market and a national market Plan Sponsor Following Mass and discussed any comments it received system, and, in general, to protect 5 Withdrawal (29 CFR part 4281) on the proposed rule change. The text investors and the public interest. prescribes the use of interest of these statements may be examined at B. Self-Regulatory Organization’s assumptions under the PBGC’s the places specified in Item IV below. Statement on Burden on Competition regulation on Allocation of Assets in The self-regulatory organization has Single-employer Plans (29 CFR part prepared summaries, set forth in The Exchange believes the proposed 4044). The interest assumptions Sections A, B, and C below, of the most rule change does not impose any burden applicable to valuation dates in June significant aspects of such statements. on competition that is not necessary or 1997 under part 4044 are contained in appropriate in furtherance of the A. Self-Regulatory Organization’s purposes of the Act. an amendment to part 4044 published Statement of the Purpose of, and elsewhere in today’s Federal Register. Statutory Basis for, the Proposed Rule C. Self-Regulatory Organization’s Tables showing the assumptions Change Statement on Comments on the applicable to prior periods are codified Proposed Rule Change Received From in appendix B to 29 CFR part 4044. 1. Purpose Members Participants, or Others Issued in Washington, D.C., on this 12th As described below, the purpose of The Exchange has neither solicited day of May 1997. the proposed rule change is to provide nor received written comments on the John Seal, for bids and offers to be made in a proposed rule change. Acting Executive Director, Pension Benefit minimum variation of one-sixteenth of Guaranty Corporation. $1.00 for securities dually traded on the III. Date of Effectiveness of the Exchange and on the American Stock Proposed Rule Change and Timing for [FR Doc. 97–12775 Filed 5–14–97; 8:45 am] Exchange, Inc. (‘‘Amex’’) that are priced Commission Action BILLING CODE 7708±01±P above $0.25. The foregoing rule change constitutes On March 14, 1997, the Amex a state policy, practice, or interpretation submitted a proposed rule change to the with respect to the meaning, SECURITIES AND EXCHANGE Commission requesting approval to administration, or enforcement of an COMMISSION trade Amex securities that are priced existing rule of the Exchange pursuant $10 and higher in minimum fractional [Release No. 34±38590; File No. SR±CHX± to Section 19(b)(3)(A) of the Act 6 and changes of 1⁄16 of $1.00 per share.2 The subparagraph (e) of Rule 19b–4 97±08] Commission has already approved these thereunder.7 At any time within sixty Self-Regulatory Organizations; Notice changes for Amex securities selling 3 days of the filing of such proposed rule of Filing and Immediate Effectiveness under $10 and above $0.25. Unlike the Amex’s minimum change, the Commission may summarily of Proposed Rule Change by the abrogate such rule change if it appears Chicago Stock Exchange, Incorporated fractional change rule, the Exchange’s Minimum Fractional Changes rule (Art. to the Commission that such action is Relating to Trading in Sixteenths XX, Rule 22) provides that, for most necessary or appropriate in the public interest, for the protection of investors, May 9, 1997. securities, the minimum fractional or otherwise in furtherance of the change for bids and offers is 1⁄8 of $1.00 Pursuant to Section 19(b)(1) of the purposes of the Act. Securities Exchange Act of 1934 per share. This rule also gives the (‘‘Act’’),1 notice is hereby given that on Exchange’s Committee on Floor IV. Solicitation of Comments Procedure the authority to fix minimum May 7, 1997 the Chicago Stock Interested persons are invited to Exchange, Incorporated (‘‘CHX’’ or variations of less than this amount for bids and offers in specific securities or submit written data, views, and ‘‘Exchange’’) filed with the Securities arguments concerning the foregoing. and Exchange Commission classes of securities. Pursuant to this authority, the Exchange proposes to Persons making written submissions (‘‘Commission’’) the proposed rule should file six copies thereof with the change its minimum variation to 1⁄16 of change as described in Items I, II, and Secretary, Securities and Exchange III below, which Items have been 2 Securities Exchange Act Release No. 38437 prepared by the self-regulatory 4 (Mar. 25, 1997), 62 FR 15552 (Apr. 1, 1997) The Commission notes that it approved the organization. The Commission is (publishing notice of File No. SR–Amex–97–14). Amex’s proposal on May 5, 1997, and the Amex publishing this notice to solicit 3 Securities Exchange Act Release No. 31118 began trading Amex-listed securities priced at or comments on the proposed rule change (Aug. 28, 1992), 57 FR 40484 (Sept. 3, 1992) above $10 in sixteenths on May 7, 1997. Securities Exchange Act Release No. 38571 (May 5, 1997). from interested persons. (approving File No. SR–Amex–91–07); Securities Exchange Act Release No. 35537 (Mar. 27, 1995), 60 5 15 U.S.C. 78f(b)(5). FR 16894 (Apr. 3, 1995) (approving File No. SR– 6 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). Amex–95–02). 7 17 CFR 240.19b–4. Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26833
Commission, 450 Fifth Street, N.W., 1934 (‘‘Exchange Act’’) 3 and Rule Operations Centre is a separate Washington, D.C. 20549. Copies of the 17Ab2–1 thereunder 4 to the extent it independent operational unit submission, all subsequent performs the functions of a clearing established within MGT-Brussels to amendments, all written statements agency with respect to U.S. government operate the Euroclear System. Senior with respect to the proposed rule and agency securities 5 for U.S. management of the Euroclear change that are filed with the participants of the Euroclear System.6 Operations Centre makes the decisions Commission, and all written The Commission is publishing this regarding the day-to-day operation of communications relating to the notice to solicit comments from the Euroclear System. proposed rule change between the interested persons.7 The Euroclear System was established in 1968 by MGT-Brussels, which was Commission and any person, other than II. Structure of the Euroclear System those that may be withheld from the then both its owner and operator. In public in accordance with the MGT is a banking corporation 1972, a package of rights described as provisions of 5 U.S.C. § 552, will be organized under the laws of the State of the Euroclear System was sold to available for inspection and copying at New York. MGT-Brussels is the Brussels Euroclear Clearance System Public the Commission’s Public Reference branch of MGT. MGT-Brussels is a Limited Company, an English limited Room, 450 Fifth Street, N.W., division of MGT that has acted as the liability company (‘‘ECS–PLC’’). The Washington, D.C. 20549. Copies of such operator of the Euroclear System goal of the sale was to broaden the filing also will be available for through its Euroclear Operations Centre international market’s participation in inspection and copying at the principal since the creation of the Euroclear the formulation of general policy for the office of the CHX. All submissions System in 1968. The Euroclear Euroclear System. MGT-Brussels was should refer to File No. SR–CHX–97–08 retained as operator of the Euroclear 3 and should be submitted by June 5, 15 U.S.C. 78q–1. System. ECS–PLC purchased the rights 4 17 CFR 240.17Ab2–1. 1997. to receive the revenues generated by the 5 For purposes of its application, Euroclear Euroclear System services, to approve proposes to define U.S. government and agency For the Commission, by the Division of participants, to determine eligible Market Regulation, pursuant to delegated securities to include (i) ‘‘government securities’’ as authority.8 defined by Section 3(a)(42) of the Exchange Act securities, to establish fees, and to make (other than foreign-targeted U.S. government and other similar decisions. MGT-Brussels Margaret H. McFarland, agency securities and securities issued or retained all of the assets and means guaranteed by an international organization such as Deputy Secretary. necessary to operate the Euroclear [FR Doc. 97–12749 Filed 5–14–97; 8:45 am] the World Bank, which Euroclear classifies as internationally-traded securities that have been System and granted a license to ECS– BILLING CODE 8010±01±M accepted for clearance and settlement in the PLC to use the Euroclear System Euroclear System for many years under trademarks. circumstances that Euroclear believes cause its The Belgian Cooperative was SECURITIES AND EXCHANGE activities with respect to such securities to fall outside the scope of Section 17A of the Exchange established in 1987 to further facilitate COMMISSION Act and (ii) mortgage-backed securities and communication between Euroclear and [Release No. 34±38589; International Series collateralized mortgage obligations issued or the international securities industry and guaranteed by the Federal Home Loan Mortgage Release No. 1077; File No. 601±01] Corporation (‘‘FHLMC’’), the Federal National to encourage participation in the Mortgage Association (‘‘FNMA’’), or the Euroclear System. It received a license Self-Regulatory Organizations; Morgan Government National Mortgage Association from ECS–PLC to exercise some of ECS– Guaranty Trust Company of New York, (‘‘GNMA’’). PLC’s rights as owner of the Euroclear 6 Brussels Office, as Operator of the The Commission has been advised that MGT- System and to exercise such rights in Euroclear System; Notice of Filing of Brussels is permitted to seek an exemption from clearing agency registration regarding its operation relation to MGT-Brussels pursuant to an Application for Exemption From of the Euroclear System and that no further Operating Agreement. Neither ECS–PLC Registration as a Clearing Agency authorization from the Board of Directors of the nor the Belgian Cooperative is an Belgian Cooperative is required. Letter from Dr. operating company. MGT-Brussels May 9, 1997. Rolf-Ernst Breuer, Chairman of the Board of the Belgian Cooperative (March 6, 1997). maintains all Euroclear System I. Introduction MGT itself does not seek an exemption from participant accounts on its own books, On March 5, 1997, Morgan Guaranty registration as a clearing agency to the extent it has established all subcustody accounts performs the functions of a clearing agency with with Euroclear System subcustodians in Trust Company of New York (‘‘MGT’’), respect to U.S. government or agency securities. Brussels office (‘‘MGT-Brussels), as Sections 3(a)(23)(B) of the Exchange Act provides its own name, and maintains all of the operator of the Euroclear System 1 that a bank as defined under Section 3(a)(6) of the contractual relationships with Euroclear pursuant to a contract with Euroclear Exchange Act is excluded from the definition of the System participants and Euroclear term clearing agency if it would be deemed to be System depositaries in its own name. It Clearance System Socie´te´ Coope´rative, a a clearing agency solely by reason of functions Belgian cooperative (‘‘Belgian performed by such institution as part of customary also provides all of the personnel, Cooperative’’), filed with the Securities banking activities. MGT believes that as a bank it systems, trademarks, and operational and Exchange Commission has the authority to perform clearing agency capability used to deliver the Euroclear functions as part of its customary banking activities (‘‘Commission’’) an application on Form System services to Euroclear System for U.S. government and agency securities outside participants. ECS–PLC and the Belgian CA–1 2 for exemption from registration the Euroclear context without registering with the as a clearing agency pursuant to Section Commission as a clearing agency or otherwise Cooperative exercise their rights against 17A of the Securities Exchange Act of complying with Exchange Act provisions applicable MGT-Brussels through their respective to clearing agencies generally. Because MGT is not Boards of Directors (collectively, seeking an exemption from clearing agency ‘‘Euroclear Boards’’), which are 8 17 CFR 200.30–3(a)(12). registration for its activities outside the operation of 1 For purposes of this notice, the term the Euroclear System, the Commission is not composed of senior executives from ‘‘Euroclear’’ refers to MGT-Brussels in its capacity addressing this issue. large financial institutions. The as operator of the Euroclear System. For a complete 7 The descriptions set forth in this notice Euroclear Boards meet four times a year description of the structure of the Euroclear System, regarding the structure and operations of the to make policy decisions, such as setting see Section II. Euroclear System, MGT-Brussels, and MGT have 2 Copies of the application for exemption are been largely derived from information contained in admissions policy, determining available for inspection and copying at the MGT-Brussels’ Form CA–1 application and publicly categories of securities accepted, Commission’s Public Reference Room. available sources. approving depositories, setting fees and 26834 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices rebates, and approving major service government securities.10 Although the The overnight securities settlement developments. The Euroclear Boards are individual certificated or uncertificated process is completed early in the not involved in the day-today operation government securities of these countries morning of the business day in Brussels of the Euroclear System. are immobilized or dematerialized with for which settlement is intended. MGT-Brussels, as operator of the the central banks or central securities Daylight securities settlement Euroclear System, is regulated by the depositories (‘‘CSDs’’) in their home processing is completed in the afternoon Belgian Banking and Finance markets, book-entry positions with of each business day with settlement Commission, the Board of Governors of respect to such securities can be dated for that day. The daylight the Federal Reserve System of the acquired, held, transferred, and pledged settlement cycle, which is restricted to United States, and the New York State by book-entry on the records of internal settlements, permits Banking Department. Examinations of Euroclear in any of the 35 currencies participants to resubmit previously MGT-Brussels may be performed by available in the Euroclear System unmatched instructions or unsettled examiners from these regulatory because of the links to local custodian transactions and permits the processing agencies. In addition, MGT-Brussels has banks, central banks, CSDs, and national of new instructions for same day an external auditor that reports to the payment systems around the world. settlement. All daylight instructions not Belgian Banking and Finance settled are automatically recycled for 1. Clearance and Settlement of Trades Commission and the Audit Committee settlement in the next overnight Between Participants in the Euroclear of MGT. In its capacity as operator of securities settlement cycle. System the Euroclear System, MGT-Brussels is 2. Clearance and Settlement of Trades also authorized as a service company by Transactions between Euroclear Between a Participant in the Euroclear the Securities and Investment Board System participants in the Euroclear System and a Cedel Member under the United Kingdom Financial System can be settled against payment Services Act, 1986. or free of payment. Simultaneous Participants also can send delivery versus payment (‘‘DVP’’) also is instructions authorizing receipt and III. Description of Euroclear System provided for settlements against delivery of securities between the Operations payment between Euroclear System Euroclear System and the Cedel system, Euroclear provides several services to participants. Upon receipt of valid both free of payment and against its participants, including securities instructions for a settlement between payment. Simultaneous DVP is possible clearance and settlement, securities participants, the Euroclear System’s for settlement of Euroclear System lending and borrowing, and custody.8 computer system attempts to match trades between a participant in the instructions between corresponding Euroclear System and a Cedel member A. Securities Clearance and Settlement counterparties on a continuous basis because of the electronic ‘‘bridge’’ The Euroclear System functions as a according to a defined set of matching established between the two clearance and settlement system for criteria. Matching generally is required organizations. internationally traded securities. in order for the instructions to be For settlement of trades between a Securities settlement through the settled, except for certain actions Euroclear System participant and a Euroclear system can occur with other specifically taken by the participant Cedel member, prematching of participants in the Euroclear System (e.g., transfers between accounts instructions consists of nine daily (‘‘internal settlement’’), with members maintained by a single participant). comparisons of delivery and receipt of Cedel Bank, socie´te´ anonyme, Matching of an instruction is attempted instructions. During these comparisons, Luxembourg (‘‘Cedel’’), the operator of until it is either matched or cancelled. each clearance system electronically the Cedel system (‘‘Bridge settlement’’), Internal settlement of DVP transmits a file of proposed deliveries or with counterparties in certain local transactions is accomplished by book- and expected receipts to the other markets who are not members of the entry transfer and provides for clearance system. This exchange of Euroclear System or of Cedel (‘‘external simultaneous exchange of cash and information allows each clearance settlement’’). securities. Settlement is final (i.e., system to report matching results to its The annual volume of transactions irrevocable and unconditional) at the participants. The bridge was enhanced in settled in the Euroclear System has end of each of the securities settlement September 1993 to allow for multiple grown from about US$3 trillion in 1987 processing cycles of which there are overnight transmissions of instructions to over US$34.6 trillion in 1996. The currently three per day.11 fastest growing segments of this activity between Cedel and the Euroclear have been repurchase and reverse System. The bridge provides finality for reduce their credit and liquidity exposures, and DVP cross-system trades occurring repurchase agreements (‘‘repos’’), book- manage market and operational risks. For example, entry pledging arrangements, securities a credit seeker that is long securities can reduce its when the receiving clearance system financing costs by entering into a repo with a credit confirms acceptance of a proposed lending, and other collateral giver (i.e., selling the securities to the credit giver 9 delivery and that confirmation is transactions involving non-U.S. subject to an agreement to repurchase the securities at a future date). A credit seeker can also reduce its received by the delivery clearance 8 The contractual relationship between Euroclear financing costs or increase its borrowing capacity system. and its participants is defined by the Terms and by pledging the securities to a credit giver. 3. Clearance and Settlement of Trades Conditions Governing the Use of Euroclear (‘‘Terms 10 Government securities issued in the domestic and Conditions’’) as supplemented by the Operating markets in the following countries are currently Between a Participant in the Euroclear Procedures of the Euroclear System and other eligible for clearance and settlement in the System and a Counterparty in a Local supplementary documents, all of which are Euroclear System: Argentina, Australia, Austria, Market governed by Belgian law. Among other things, the Belgium, Canada, Denmark, Finland, France, Terms and Conditions provide that Euroclear Germany, Hong Kong, Ireland, Italy, Malaysia, Participants also can send Participants agree that their rights to securities held Mexico, the Netherlands, New Zealand, Norway, instructions authorizing receipt and through the Euroclear System will be defined and Portugal, South Africa, Spain, Sweden, delivery of securities free of payment governed by Belgian law. Switzerland, Thailand, and the United Kingdom. 9 Collateral transactions are designed to enable 11 Euroclear’s internal securities processing and against payment between the Euroclear System participants to reduce their consists of two overnight settlement cycles and one Euroclear System and certain domestic financing costs, increase their yields on securities, daylight settlement cycle. markets’ clearance and settlement Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26835 structures. Where participants are lending and borrowing, there is a approval of the Board of the Belgium expecting to receive or deliver securities linkage between the borrower and the Cooperative and are reapproved on an outside the Euroclear System or Cedel, lender, but the counterparty’s identities annual basis. This network of instructions are matched where possible are not disclosed.15 Consequently, with depositories allows linkages with in accordance with local market rules both standard and reserved lending and domestic markets to effect external and procedures. Notification of borrowing, borrowers’ names and deliveries and receipts of securities, matching in the local market is received lenders’ names are never revealed to one thereby facilitating cross-border by Euroclear from the local depositary. another. securities movements. Instructions to deliver securities outside Securities lending and borrowing is Chase Manhattan Bank (‘‘Chase’’) the Euroclear System are sent to the an integral part of the overnight currently acts as the Euroclear System’s depositary having custody of the securities settlement process. This depositary in the United States for the securities to forward the securities to integration permits Euroclear to limited purpose of holding positions in the location designated by the determine the borrowing requirement certain foreign and internationally- counterparty or move the securities by and supply of lendable securities on a traded securities (e.g., such as the book-entry transfer in the local trade-by-trade basis throughout each Regulation S portion of certain global clearance system.12 overnight securities settlement bonds issued by foreign private issuers, Euroclear has two types of processing. Generally, securities lending Yankee bonds, and book-entry debt relationships, direct and indirect links, and borrowing is available only through securities issued by the World Bank) with local market clearance systems. A the overnight securities settlement which are represented by certificates direct link is where Euroclear has its process. immobilized in The Depository Trust own account with the local clearance C. Custody Company (‘‘DTC’’) or by electronic system and holds securities and sends book-entries on the records of a Federal instructions directly in that clearance Securiites held by Euroclear Reserve Bank.16 system. With an indirect link, a participants are held through a network Securities deposited in the Euroclear intermediary (i.e., depositary) is used to of depositaries. Depositaries may hold System may be in either physical (bearer perform Euroclear System settlement securities on their premises or deposit or registered) or dematerialized form. activities in the local market.13 For these securities with subcustodians or Securities are held on the books of a different instruments in certain markets, with local clearance systems. depositary in an account in the name of Euroclear may have both direct and Depositaries of the Euroclear System MGT-Brussels as operator of the indirect links. may include custodian banks, including Euroclear System. Where the depositary some MGT branches, central banks, B. Securities Lending and Borrowing also is not the local clearing system, local clearance systems, and Cedel. securities may be deposited in the local Securities lending and borrowing is Depositaries are selected based upon clearance system where the depositary utilized to increase settlement efficiency their custody capabilities, financial is located. for the borrower and to allow lenders to stability, and reputation in the financial All securities accepted by a generate income on securities held in community. All depositaries and depositary are credited to a segregated the Euroclear System. Lenders receive a subdepositaries are appointed with the custody account in the name of MGT- fee for securities lending and do not Brussels as operator of the Euroclear incur safekeeping fees for securities A participant that is an automatic standard lender System at the depositary or local makes securities available to the lending pool lent. clearance system, or to the depositary’s With standard lending and borrowing, during each overnight securities settlement processing. Subsequent to each overnight securities account at the local clearance system. there is no linkage between a particular settlement processing, securities borrowed from the Each Euroclear System participant has borrower and a particular lender. In lending pool are allocated back to the lenders one or more securities clearance effect, participants borrow securities according to a given set of priorities. If the lendable account(s) with associated transit from the lending pool.14 With reserved position from automatic standard lenders for a given issue is expected to be insufficient to meet accounts. Securities held by participants estimated borrowing demand in the next overnight 12 Securities held by participants in the Euroclear securities settlement process, opportunity standard 16 System are held by custodian banks or local Euroclear does not believe that its traditional lenders may be contacted by Euroclear to make business of clearing and settling transactions in clearing systems. Except where required by local additional securities available for borrowing. law, Euroclear will not permit bank subsidiaries to foreign and internationally-traded securities comes 15 A participant that wishes to reserve securities serve as depositaries. All securities held by a within the scope of the registration requirements of for future borrowing can do so by submitting a depositary on its books for the Euroclear System are Section 17A of the Exchange Act and therefore is credited to a segregated custody account in the reserved borrowing request to Euroclear. Reserved not seeking exemptive relief with respect to such name of MGT-Brussels as operator of the Euroclear borrowing differs from standard borrowing in that business. For this purpose, foreign and System. Depositaries receive instructions regarding once a reserve borrower’s request matches a internationally-traded securities include debt and the movement of Euroclear System securities lendable supply the lender is committed to lend the equity securities issued by foreign private and directly from Euroclear. Euroclear participants do securities and the borrower is obligated to borrow governmental issuers that trade principally in their not directly deal with depositaries regarding the them. Reserved borrowing minimizes the risk of home markets and/or internationally, (including settlement of securities transactions within the settlement failure resulting from an inability to foreign domestic debt and equity securities, Yankee Euroclear System or the custody of securities. See obtain a standard borrowing in the overnight bonds, securities issued by international Section III.C infra. securities settlement process due to a lack of supply organizations such as the World Bank, American 13 Transactions with these counterparts are in the lending pool. and global depositary shares, and securities performed on a book-entry basis in the local An automatic reserved lender makes securities in denominated or settled in a currency other than clearing system, depositary, or authorized sub- its securities clearance accounts available on U.S. dollars), as well as Euro and globally- custodian, or on the basis of a physical delivery. demand for reserved lending subject to the lender’s distributed debt securities and global depositary 14 A participant that is an automatic standard selected options. When a reserved borrowing shares issued by U.S. issuers in a registered borrower is eligible to borrow securities to execute request is matched to securities automatically international offering or pursuant to provisions of delivery instructions when there are insufficient available for reserved lending, a reservation is the Securities Act of 1933 and the rules and eligible securities available in its securities initiated and the securities are blocked in the regulations thereunder, including Regulation S (17 clearance accounts to effect a settlement in the reserved lender’s securities clearance account from CFR 230.901), Section 4(2) (15 U.S.C. 77d(2)), Rule overnight securities settlement processing. A the reservation date to the loan start date. 144A (17 CFR 230.144A), or some other exemption participant that is an opportunity standard Opportunity reserved lenders are contacted by (including foreign-targeted U.S. Government and borrower sends standard borrowing requests to Euroclear when the supply of lendable securities agency securities). U.S. domestic debt and equity Euroclear on a case-by-case basis according to from automatic reserved lenders is not sufficient to securities are not currently eligible for clearance expected borrowing needs. cover reserved borrowing requests in a given issue. and settlement in the Euroclear System. 26836 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices in the Euroclear System are credited to derived from the market value of the Section 17A of the Exchange Act the participants’ securities clearance securities pledged, adjusted according directs the Commission to promote accounts or transit accounts. Euroclear to the type of instrument, currency, the Congressional objectives to facilitate the System participants have the option to rating of the issue, the issuer, and the development of a national clearance and request the segregation of their own and country of the issuer. For debt settlement system for securities client securities in separate securities securities, accrued interest is added to transactions.19 Registration of clearing clearance accounts. market value for the purpose of agencies is a key element of the Securities in the Euroclear System are calculating collateral value. regulation of clearing agencies in held in fungible bulk. Under Belgian promoting these statutory objectives. 2. Triparty Repo and Collateral law and pursuant to the terms and Before granting registration to a clearing Monitoring conditions, each participant is entitled agency, Section 17A(b)(3) of the to a notional portion, represented by the MGT–Brussels also offers monitoring Exchange Act requires that the amounts credited to its securities services whereby participants can use Commission make a number of clearance account(s) and transit the Euroclear System to facilitate repo determinations with respect to the account(s), of the pool of securities of settlement/collateral posting, clearing agency’s organization, capacity, the same type held in the Euroclear substitution of securities, and margin and rules.20 The Commission has System. monitoring. published the standards applied by its Division of Market Regulation in D. Banking Services 3. Securities Lending Guarantee evaluating applications for clearing MGT–Brussels provides certain As part of the Euroclear securities agency registration.21 These banking services to Euroclear lending and borrowing program, MGT requirements are designed to assure the participants, acting in its separate guarantees securities lenders the return safety and soundness of the clearance banking capacity and not as operator of of securities lent or the cash equivalent and settlement system. the Euroclear System. Banking services if the borrower defaults on its obligation Section 17A(b)(1), moreover, provides provided include: provision of credit to to return such securities. that the Commission: Euroclear System participants, triparty 17 E. Liens, Rights, and Obligations * * *may conditionally or repo and collateral monitoring, and unconditionally exempt any clearing agency securities lending guarantee. In addition to any pledge of specific accounts agreed to by a participant due 19 15 U.S.C. 78q–1. Section 17A(a)(1) provides: 1. Provision of Credit to Euroclear to extensions of credit, all assets held in Participants (1) The Congress finds that— the Euroclear System are subject to (A) The prompt and accurate clearance and MGT–Brussels offers credit facilities rights of set-off and retention. settlement of securities transactions, including the to Euroclear participants on an Furthermore, participants’s assets held transfer of record ownership and the safeguarding uncommitted basis under limits of securities and funds related thereto, are in the Euroclear System (except for necessary for the protection of investors and periodically determined by MGT. Credit assets held for customers and identified persons facilitating transactions by and acting on decisions are made according to MGT as such pursuant to the Operating behalf of investors. credit guidelines. Credit facilities Procedures or by agreement with (B) Inefficient procedures for clearance and generally are required to be secured and Euroclear) are subject to a statutory lien settlement impose unnecessary costs on investors and persons facilitating transactions by and acting are normally collateralized by in favor of MGT–Brussels, as operator of on behalf of investors. participant assets within the Euroclear the Euroclear System, pursuant to (C) New data processing and communications System. In order to secure credit, Belgian law.18 Participants also are techniques create the opportunity for more efficient, participants affirm to MGT–Brussels subject to certain obligations toward effective, and safe procedures for clearance and that they are not pledging client Euroclear including obligations to cover settlement. (D) The linking of all clearance and settlement securities and that no other liens have any cash or securities debit balances facilities and the development of uniform standards been granted to third parties on such that participants may incur. and procedures for clearance and settlement will securities. In a limited number of reduce unnecessary costs and increase the IV. Euroclear’s Request for Exemption circumstances, MGT–Brussels may protection of investors and persons facilitating transactions by and acting on behalf of investors. agree to permit pledging of client A. Introduction For legislative history concerning Section 17A, See, securities, or the securities of related U.S. government and agency e.g., Report of Senate Comm. on Housing and Urban Affairs, Securities Acts Amendments of 1975: parties, where the participant’s legal securities are the securities of choice for and regulatory regime permits, Report to Accompany S. 249, S. Rep. No. 75, 94th cross-border collateral and other Cong., 1st Sess. 4 (1975); Conference Comm. Report appropriate legal opinions are delivered, transactions. Euroclear does not to Accompany S. 249, Joint Explanatory Statement and certain other conditions are met. currently provide participants with the of Comm. of Conference, H.R. Rep. No. 229, 94th The valuation of securities held in Cong., 1st Sess., 102 (1975). means to acquire, hold, transfer, or participants’s pledged securities 20 15 U.S.C 78q–1(b)(3). See also Section 19 of the pledge interests in U.S. government or clearance accounts to secure credit Exchange Act, 15 U.S.C. 78s, and Rule 19b–4, 17 agency securities in the Euroclear CFR 240.19b–4, setting forth procedural extensions from MGT–Brussles is System. In its exemption request, requirements for registration and continuing Euroclear therefore seeks an exemption Commission oversight of clearing agencies and 17 A triparty repo arrangement generally consists other self-regulatory organizations. of three parties, the borrower, the lender, and a from registration as a clearing agency 21 Securities Exchange Act Release No. 16900 collateral agent (i.e., MGT–Brussels). In this pursuant to Section 17A of the (June 17, 1980), 45 FR 41920 (‘‘Standards Release’’). arrangement, the borrower initiates a repo by Exchange Act and Rule 17Ab2–1 See also, Securities Exchange Act Release No. ‘‘selling’’ securities to the lender in exchange for thereunder to the extent it performs the 20221 (September 23, 1983), 48 FR 45167 (omnibus cash from the lender. Simultaneously with this order granting registration as clearing agencies to transaction, the borrower agrees to repurchase these functions of a clearing agency with The Depository Trust Company, Stock Clearing securities at a specified future date. The collateral respect to U.S. government and agency Corporation of Philadelphia, Midwest Securities agent maintains custody of the securities for the securities for U.S. participants of the Trust Company, The Options Clearing Corporation, duration of the repo and handles all operation Euroclear System. Midwest Clearing Corporation, Pacific Securities aspects of the transaction including distribution of Depository, National Securities Clearing income, substitutions, and mark to market Corporation, and Philadelphia Depository Trust securities valuations. 18 Article 41 of the Belgian Law of April 6, 1995. Company). Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26837 or security or any class of clearing agencies liquidity risks in a number of Euroclear further believes that it would or securities from any provisions of [Section international transactions.25 As a result, be a substantial and unnecessary burden 17A] or the rules or regulations thereunder, credit providers currently receive lower to require it to regulate the actions of if the Commission finds that such exemption is consistent with the public interest, the quality collateral or remain unsecured U.S. brokers and dealers, which it protection of investors, and the purposes of and are subject to a higher level of credit believes are already adequately [Section 17A], including the prompt and or liquidity risks in many international regulated by the U.S. national securities accurate clearance and settlement of transactions. Credit seekers are subject exchanges, the NASD, and the securities transactions and the safeguarding to higher credit costs and lower credit Commission itself. Euroclear also of securities and funds.22 limits than they would be if they used believes that it would not have any The Commission reviews every U.S. government or agency securities as market power over the custody, application for exemption against the collateral. clearance, or settlement of U.S. standards for clearing agency Euroclear believes that if international government or agency securities and in registration. credit providers suffer substantial losses fact would operate in a highly Euroclear notes that the Commission or fail because of this condition, it could competitive, private sector environment. previously has granted exemptions from have repercussive effects in the United Finally, Euroclear believes that the clearing agency registration, subject to States because of the growing recordkeeping, fingerprinting, and other certain volume limits, reporting interdependency among the world’s requirements, and other conditions, to requirements of Section 17 are financial markets. Euroclear further effectively satisfied by the substantially the Clearing Corporation for Options believes that credit seekers from the 23 similar recordkeeping, reporting, and and Securities (‘‘CCOS’’) and to Cedel. United States also could face higher The Commission also has published other requirements of U.S. Federal, New credit costs and lower credit limits at York State, and Belgian banking laws.27 notice of an application by Cedel to home and abroad because of the amend its exemption from registration growing interdependency in worldwide D. Safety and Soundness Protections as a clearing agency to the extent it financial markets. performs the functions of a clearing Euroclear believes that allowing its Sections 17A(b) (3) (A) and (F) of the agency for U.S. domestic debt and system to provide clearance and Exchange Act require a clearing agency 24 equity securities. settlement services for interests in U.S. be organized and its rules be designed Euroclear believes that providing it government and agency securities to to facilitate the prompt and accurate with an exemption from clearing agency U.S. entities would reduce these clearance and settlement of securities registration would produce substantial transaction costs and therefore would transactions for which it is responsible benefits to its participants, would reduce the costs and risks of and to safeguard securities and funds in provide U.S. investors and the U.S. international financial transactions. its custody or control or for which it is national clearance and settlement Euroclear also believes that the responsible.28 system with the same level of protection proposed exemption would promote the Euroclear has represented to the against custody, clearance, and U.S. public interest by increasing Commission that its financial condition, settlement risks that full registration competition in the provision of operational safeguards, and the extent to would provide, and would otherwise clearance and settlement services for which it is already subject to substantial satisfy the statutory requirements for an U.S. government and agency securities. U.S. regulatory oversight will provide exemption. Euroclear maintains that greater U.S. investors and the U.S. national B. Participant Benefits competition can be expected to result in clearance and settlement system with lower costs and greater innovation by Euroclear believes that the proposed the same level of protection against both U.S. and international clearing exemption would promote the U.S. custody, clearance, and settlement risks agencies. public interest by reducing risk to credit that full registration would provide. providers and by reducing costs to C. Formal Registration Unnecessary or 1. Financial Condition credit seekers. Euroclear believes that it Inappropriate Euroclear has advised that is currently too costly for many Euroclear believes that formal Commission that MGT, which international credit providers and credit registration would subject it to ultimately is the entity fiscally seekers to use U.S. government or substantial additional regulatory responsible for operations of the agency securities to reduce credit and burdens without producing any material Euroclear System, is a U.S. bank that it benefits for the U.S. public related to the 22 is ‘‘well-capitalized’’ and ‘‘well- 15 U.S.C. 78q–1(b)(1). fundamental goal of safe and sound 23 Securities Exchange Act Release Nos. 36573 managed’’ as those terms are defined custody, clearance, and settlement.26 (December 12, 1995), 60 FR 65076 (CCOS) and under applicable U.S. Federal banking 38328 (February 24, 1997), 62 FR 9225 (Cedel). The Commission also has granted temporary registration 25 Euroclear has advised the Commission in its brokers, dealers, and other securities and partial exemptions from certain provisions of Form CA–1 that time zone differences between intermediaries, and to submit each of its proposed Section 17A to the Government Securities Clearing where a transaction occurs for which credit support rule changes to the Commission. Euroclear believes Corporation (‘‘GSCC’’), Participants Trust Company is required and the U.S. (i.e., where transactions in that the rights and responsibilities of an SRO were (‘‘PTC’’), MBS Clearing Corporation (‘‘MBSCC’’), U.S. government securities are settled) make it too Delta Clearing Corp. (‘‘Delta’’), and the International costly to synchronize transactions in a way to designed primarily for U.S. national securities Securities Clearing Corporation (‘‘ISCC’’). Securities utilize U.S. government securities to collateralize exchanges, like the New York Stock Exchange and Exchange Act Release Nos. 37983 (November 25, transactions that give rise to credit or liquidity the American Stock Exchange, and U.S. national 1996), 61 FR 64183 (GSCC); 38452 (March 28, risks. Furthermore, Euroclear believes that the lack securities associations, like the National 1997), 62 FR 16638 (PTC); 37372 (June 26, 1996), of a securities intermediary with a critical mass of Association of Securities Dealers (‘‘NASD’’), and 61 FR 35281 (MBSCC); 38224 (January 31, 1997), 62 both securities and customers makes it too costly were extended to registered clearing agencies FR 5869 (Delta); and 37986 (November 25, 1996), to have U.S. government securities in the right mainly because the major clearing agencies at the 61 FR 64184 (ISCC). In granting these temporary place at the right time to reduce such credit and time Section 17A was enacted were subsidiaries of registrations it was expected that the subject liquidity risks. national securities exchanges or other SROs. clearing agencies would eventually apply for 26 For example, registered clearing agencies are 27 See e.g., 12 CFR Part 208 (Membership of State permanent clearing agency registration. required to assume the rights and responsibilities of Banking Institutions in the Federal Reserve System 24 Securities Exchange Act Release No. 38329 a self-regulatory organization (‘‘SRO’’), including [Regulation H]). (February 24, 1997), 62 FR 9222. the responsibility to police the actions of U.S. 28 15 U.S.C. 78q–1(b) (3) (A) and (F). 26838 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices regulations.29 MGT has represented to System. MGT-Brussels, also is subject to responsibility, operational capability, the Commission that it has over $13.5 the comprehensive supervision of the experience, and competency standards billion in total capital and a total capital New York State Banking Department that are used to accept, deny, or ratio of more than 11 percent 30 and and the Belgian Banking and Finance condition participation of any access to billions of dollars of additional Commission and is authorized as a participant or any category of liquidity in the capital markets. Its Service Company by the Securities and participants enumerated in Section senior debt is rated AAA by Standard & Investment Board under the U.K. 17A(b)(3)(B), but that these criteria may Poor’s 31 and its long-term debt is rated Financial Services Act, 1986. not be used to unfairly discriminate 32 Aa–1 by Moody’s Investors Services. E. Fair Representation among participants. In addition, the Euroclear states that the financial Exchange Act recognizes that a clearing condition of each of the securities Section 17A(b)(3)(C) of the Exchange agency may discriminate among persons intermediaries through which it would Act requires that the rules of a clearing in the admission to or the use of the hold its positions in U.S. government agency provide for fair representation of clearing agency if such discrimination is and agency securities on behalf of the clearing agency’s shareholders or based on standards of financial Euroclear participants is similarly members and participants in the responsibility, operational capability, strong. It would hold its positions selection of the clearing agency’s experience, and competence. through an adequately-capitalized and directors and administration of the Any broker-dealer, clearing agency, well-managed U.S. bank, which would clearing agency’s affairs. This section investment company, bank, insurance in turn hold matching positions through contemplates that users of a clearing company, or other professional investor the Federal Reserve Bank of New York agency have a significant voice in the that demonstrates it meets Euroclear’s or PTC. direction of the affairs of the clearing financial and operational criteria may agency. become a Euroclear System participant. 2. Operational Safeguards Although Euroclear participants do They must demonstrate that they have Euroclear believes that it has not have the right to appoint MGT adequate financial resources for their substantially similar subcustodian, directors or members of the Euroclear intended use of the Euroclear System recordkeeping, and auditing policies management, they all have the right to and the ability to maintain this financial and procedures as those utilized by become members of the Belgian strength on an ongoing basis. They also Cooperative and can use such registered clearing agencies. MGT- must demonstrate that they have both membership to influence the range of Brussels is subject to annual on-site the personnel and technological Euroclear services and the level of fees examinations by the Federal Reserve infrastructure to meet the operational charged to them by Euroclear. The Bank of New York and to periodic requirements of the Euroclear System. Board of Directors of the Belgian examinations by the New York State Furthermore, they must show that they Cooperative consists of 23 voting Banking Department and the Belgian expect to derive material benefit from members, nominated from Euroclear Banking and Finance Commission. direct access to Euroclear and that they participant organizations representing Euroclear also represents to the are reputable firms. Commission that it has a leading-edge various financial sectors and information technology division and geographical regions. Euroclear’s goal V. Proposed Exemption was to fashion a Board with a cross- sophisticated contingency recovery A. Statutory Standards facilities and maintains substantial functional composition in order to insurance against the loss or theft of ensure that important strategic and As noted above, Section 17A of the physical securities. policy issues are viewed with a broad Exchange Act directs the Commission to market perspective. The Board meets develop a national clearance and 3. U.S. Federal and Other Regulatory four times a year with Euroclear settlement system through, among other Oversight management to discuss major policy things, the registration and regulation of MGT-Brussels, as operator of the and operational issues regarding the clearing agencies.33 In fostering the Euroclear System, is a division of the Euroclear System, including new development of a national clearance and foreign branch of a U.S. bank and, product development and the level of settlement system generally and in accordingly, is subject to the fees. Moreover, Euroclear believes that overseeing clearing agencies in comprehensive supervision and its participants are some of the world’s particular, Section 17A authorizes and regulation of the Board of Governors of leading banks, brokers, central banks, directs the Commission to promote and the Federal Reserve System. As noted and other professional investors who are facilitate certain goals with due regard above, the Federal Reserve Bank of New able to analyze the risks and benefits of for the public interest, the protection of York conducts annual on-site clearing and settling transactions in the investors, the safeguarding of securities examinations in Brussels and otherwise Euroclear System and to choose and funds, and the maintenance of fair regulates MGT-Brussels’ operations, competitive substitutes for settling competition among brokers, dealers, including its operation of the Euroclear transactions in U.S. government or clearing agencies, and transfer agents. agency securities if they are not satisfied Section 17A(b)(1) authorizes the 29 12 CFR 208.33(b)(1) (definition of ‘‘well- with the mix of risks and benefits in the Commission to exempt applicants from capitalized’’) and 12 CFR 225.2(s) (definition of Euroclear System. some or all of the requirements of ‘‘well-managed’’). See also 12 CFR 211.2(u) Section 17A if it finds such exemptions (definition of ‘‘strongly capitalized’’) and (x) F. Participant Standards are consistent with the public interest, (definition of ‘‘well managed’’). 30 12 CFR Part 208, Appendix A (defining total Section 17A(b)(3)(B) of the Exchange the protection of investors, and the capital as the sum of ‘‘tier 1’’ and ‘‘tier 2’’ capital Act enumerates certain categories of purposes of Section 17A, including the and total capital ratio as total capital divided by persons that a clearing agency’s rules prompt and accurate clearance and total risk-weighted assets). must authorize as potentially eligible for settlement of securities transactions and 31 Standard & Poor’s, ‘‘Morgan (J.P.) & Company access to clearing agency membership the safeguarding of securities and funds. Inc.,’’ Bank Ratings Analysis, April 1997, at 1. 32 Moody’s Investor Service, ‘‘Opinion Update: and services. Section 17A(b)(4)(B) of the The Commission has exercised its Morgan Guaranty Trust Company of New York,’’ Exchange Act contemplates that a Global Credit Research, February 7, 1997, at 2. registered clearing agency have financial 33 15 U.S.C. 78q–1. Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26839 authority to exempt an applicant informational requirements that will Commission to increase or eliminate the entirely from clearing agency allow the Commission to monitor and volume limit if the Division deems such registration on two prior occasions and control any possible adverse impact that action appropriate. has granted temporary clearing agency the proposed activities of the Euroclear The Commission preliminarily registrations that included exemptions System could have on the safety and believes the proposed volume limit from specific Section 17A statutory soundness of the U.S. national system appears to be appropriate in that it is requirements on five previous for the clearance and settlement of large enough to allow Euroclear to 34 occasions. eligible U.S. government securities. commence operations in clearing and As discussed above, applicants 1. Volume Limits settling eligible U.S. Government requesting exemption from clearing securities transactions involving U.S. agency registration are required to meet In granting Cedel and CCOS participants and to allow the standards substantially similar to those exemptions from clearing agency Commission to observe the effects of the required of registrants under Section registration, the Commission placed a Euroclear System’s activities on the U.S. 17A in order to assure that the limit on the transactions in eligible U.S. securities market. Likewise, the fundamental goals of Section 17A (e.g., government securities conducted by Commission preliminarily believes that safe and sound clearance and U.S. participants or their affiliates that the proposed volume limit is settlement) are furthered. Therefore, the can be processed through those 37 sufficiently narrow in scope so that the Commission invites commenters to systems. Euroclear similarly proposes safety and soundness of the U.S. address whether granting MGT-Brussels’ to limit the average daily volume of markets would not be compromised if application, as operator of the Euroclear transactions in U.S. government or Euroclear or MGT experiences financial System, for exemption from clearing agency securities involving U.S. 38 or operational difficulties. agency registration, subject to the participants or their affiliates that are conditions set forth below, would settled through the Euroclear System to 2. Informational Requirements further the goals of Section 17A. five percent of the average daily volume of total worldwide transactions in U.S. To facilitate the monitoring of B. Conditions government and agency securities. compliance with the proposed volume The Commission would expect to Although Euroclear has proposed this limits under the proposed exemption, impose two types of conditions on the volume limit, it has requested that due Euroclear would be required to provide operation of the Euroclear System in to its relatively strong capital position, information on a monthly basis conjunction with the grant of any its operational safeguards, and its regarding aggregate volume for all exemption from clearing agency comprehensive regulation by U.S. Euroclear System participants for registration: limits on the volume of Federal and state authorities, this transactions in eligible U.S. Government transactions in U.S. government and volume limit be transitional in nature. securities. Euroclear also would be agency securities 35 involving a U.S. Accordingly, Euroclear also requests required to notify the Commission if participant or its affiliate; 36 and that the Director of the Division be there is a material adverse change in any granted delegated authority from the Euroclear System account maintained 34 Supra note 23 and accompanying text. by MGT-Brussels for Euroclear System 35 The Commission proposes that the U.S. credit default with respect to the Euroclear System participants that also are members of government and agency securities eligible for participant. affiliates of members of a U.S. registered Euroclear processing will be the same as those 37 The CCOS exemptive order contained volume 39 securities permitted to be processed by Cedel. limitations of US$6 billion net daily settlement for clearing agency. Euroclear also would Accordingly, eligible securities will include (i) U.S. government securities and US$24 billion for be required to respond to any Fedwire-eligible U.S. government securities, (ii) repurchase agreements and reverse repurchase Commission request for information mortgage backed pass-through securities that are agreements transactions in U.S. government about a U.S. participant or its affiliate guaranteed by the Government National Mortgage securities. These limits are calculated on an average Association (‘‘GNMAs’’), and (iii) any collateralized daily basis over a ninety day period. At that time, about whom the Commission has mortgage obligation whose underlying securities are the CCOS volume limits were designed to limit concerns. Fedwire-eligible U.S. government securities or CCOS’s activity to approximately five percent of the Euroclear specifically has agreed to GNMA guaranteed mortgage-backed pass through average daily dollar value of transactions in U.S. securities and which are depository eligible government securities and in repurchase promptly provide the Division with the securities (collectively, ‘‘eligible U.S. government agreements and reverse repurchase agreements following documents when made securities’’). The Commission is of the view that involving U.S. government securities. In the Cedel available to Euroclear System this definition should not include those U.S. exemptive order, the Commission determined that participants: government or agency securities currently a percentage-based formula was more appropriate. processed by Euroclear that are foreign targeted Accordingly, Cedel may not process more than 5% (1) Any amendments to or revised securities and/or guaranteed by an international of the total average daily value of the aggregate editions of (a) the Terms and organization. volume in eligible U.S. government securities. The 36 The Commission is proposing that ‘‘U.S. total average daily dollar value of eligible U.S. Conditions, (b) the Supplementary entity’’ should include (i) any entity organized government securities volume is derived from the Terms and Conditions Governing the under the laws of the United States or any state or total daily value of securities activity through Lending and Borrowing of Securities subdivision thereof that is registered or regulated Fedwire, GSCC, MBSCC, PTC, and any other source through Euroclear, and (c) the Operating pursuant to state or federal banking laws or state or that the Division deems appropriate to reflect the federal securities laws and should include, without aggregate volume in eligible U.S. government Procedures of the Euroclear System; limitation, U.S. registered broker-dealers, U.S. securities. Cedel’s average daily volume is derived (2) The annual report to shareholders banks (as defined by Section 3(a)(6) of the Exchange from the value of eligible U.S. government Act), and (ii) foreign branches of U.S. banks or U.S. securities that are processed through Cedel of the Belgian Cooperative; and registered broker-dealers. involving a U.S. counterparty or its affiliate. Based 39 For purposes of the exemption, the Additionally, the Commission is proposing that upon December 31, 1996, information, this Commission preliminarily believes that the term the term ‘‘affiliate’’ should be defined as any computation yields an average daily volume limit ‘‘material adverse change’’ would include defaults of approximately US$49 billion. Euroclear System participant having a relationship in settlement for credit reasons in a Euroclear with a U.S. entity where the U.S. entity has an 38 For this purpose Euroclear proposes that ‘‘U.S. System account, liquidation of collateral posted by arrangement on file at Euroclear to prevent a participant’’ would mean any participant of the a participant in that participant’s Euroclear System settlement default or credit default with respect to Euroclear System having a U.S. residence (based on the Euroclear System participant or where location of its executive office or principal place of account, or the limitation on the extensions of Euroclear knows that the U.S. entity has an business), including any foreign branch of such credit to a participant through the Euroclear arrangement to prevent a settlement default or participant. System. 26840 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
(3) The annual report on the internal competition and on the U.S. securities SECURITIES AND EXCHANGES controls, policies and procedures of the markets in its review of any application COMMISSION Euroclear System (‘‘SAS–70 Report’’).40 for registration or exemption from Euroclear also has agreed to provide [Release No. 34±38585; File No. SR±NASD± registration as a clearing agency. 97±05] the Division with prompt notice upon Consistent with this approach, the the occurrence of any of the following Commission invites commenters to Self-Regulatory Organizations; events; National Association of Securities (1) The termination of any Euroclear address whether granting Euroclear an exemption from registration would Dealers, Inc.; Order Granting Approval System participant; to Proposed Rule Change Relating to result in increased competition, (2) The liquidation of any securities the Transfer of Limited Partnership including greater access to the U.S. collateral pledged by a participant to Securities secure an extension of credit made securities market by foreign broker- through the Euroclear System; dealers, banks, and clearing agencies. May 8, 1997. (3) The institution of any proceedings Such competition may result in the I. Introduction to have any Euroclear System development of improved systems participant declared insolvent or capabilities, new services, and perhaps On January 29, 1997, the National bankrupt; or lower costs to market participants. The Association of Securities Dealers, Inc. (4) The disruption or failure in the Commission also invites commenters to (‘‘NASD’’ or ‘‘Association’’) submitted to the Securities and Exchange operations of the Euroclear System in address whether the proposal would Commission (‘‘Commission’’), pursuant whole or in part from its regular impose any burden on competition that to Section 19(b)(1) of the Securities operating location or its contingency is inappropriate under the Exchange center. Exchange Act of 1934 (‘‘Act’’)1 and Rule Finally, Euroclear also has agreed to Act. 19b–4 thereunder,2 a proposed rule provide the Commission with quarterly VI. Solicitation of Comments change to expand the current reports, calculated on a twelve-month exemptions concerning the use of the rolling basis, of the following: Interested persons are invited to Limited Partnership Transfer Forms and (1) The average daily volume of submit written data, views, and to require that these forms be utilized by transactions in eligible U.S. Government arguments concerning the foregoing members when transferring customer securities for U.S. participants and their application by June 16, 1997. Such accounts containing limited partnership affiliates that are subject to the volume written data, views, and arguments will securities. limit described in IV.B.1 above; and be considered by the Commission in The proposed rule change was (2) The average daily volume of deciding whether to grant Euroclear’s published for comment in the Federal 3 transactions in eligible U.S. Government request for exemption from registration. Register on March 24, 1997. No securities for all participants, whether Persons desiring to make written comments were received on the or not subject to the volume limit submissions should file six copies proposal. This order approves the described in Section IV.B.1 above. thereof with the Secretary, Securities proposal. The Commission seeks comment on and Exchange Commission, 450 Fifth II. Description these proposed volume limits and the Street, N.W., Washington, D.C. 20549. informational requirements. On January 29, 1996, the Commission Specifically, commenters are requested Reference should be made to File No. approved new NASD Rule 11580 to the to address the structure and the 601–01. Copies of the application and NASD’s Uniform Practice Code.4 It appropriate size of such limits. all written comments will be available requires members to use the Commenters also are requested to for inspection and copying at the Standardized Transfer Forms (‘‘Forms’’) address the types of information which Commission’s Public Reference Room, when transferring limited partnership should be provided to the Commission 450 Fifth Street, N.W., Washington, D.C. securities. NASD Regulation is to help maintain the safety and 20549. proposing two amendments related to soundness of the U.S. clearance and For the Commission, by the Division of the use of the Forms. The first is an settlement systems and the U.S. Market Regulation, pursuant to delegated amendment to NASD Rule 11580 to securities markets. Finally, commenters authority.42 expand the current exceptions to include limited partnerships that trade are invited to comment on the specific Margaret H. McFarland, information that Euroclear has agreed to in the non-Nasdaq over-the-counter Deputy Secretary. provide to the Commission and on the (‘‘OTC’’) market that are in a depository. occurrence of events for which [FR Doc. 97–12751 Filed 5–14–97; 8:45 am] The second is an amendment to NASD Euroclear must notify the Commission. BILLING CODE 8010±01±M Rule 11870 to require members to use the Standardized Transfer Forms when C. Fair Competition transferring customer accounts that Section 17A of the Exchange Act contain limited partnerships. requires the Commission, in exercising A. Amendment to NASD Rule 11580 its authority under that section, to have due regard for the maintenance of fair Limited partnership securities that are competition among clearing agencies.41 listed on an national securities exchange Therefore, the Commission must or the Nasdaq Stock Market are not consider an applicant’s likely effect on required to use the Forms. NASD
40 In addition, the Division will review the annual 1 15 U.S.C. 78s(b)(1). reports on Form 10–K and the quarterly reports on 2 17 CFR 240.19b–4. Form 10–Q for J.P. Morgan & Co. Incorporated, 3 Securities Exchange Act Release No. 38398 MGT’s parent, which are already provided to the (Mar. 13, 1997), 62 FR 13921 (Mar. 24, 1997). Commission. 4 Securities Exchange Act Release No. 36783 (Jan. 41 15 U.S.C. 78q–1(a)(2). 42 17 CFR 200.30–3(a)(16). 29, 1996), 61 FR 3955 (Feb. 2, 1996). Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26841
Regulation is proposing to broaden this transactions, unless the issuer listed the beneficial owner’s name. Rather, the exception to cover those limited securities on an exchange or qualified beneficial owner’s broker-dealer is listed partnership securities that are quoted on them for inclusion on Nasdaq. OTC on the partnership’s books as the owner. the OTC Bulletin Board that trade with markets now exist, however, for many As a result, broker-dealers must transfer such frequency that use of the Forms limited partnership securities, and ‘‘ownership’’ of the limited partnership would not be appropriate. To qualify for trading volumes reportedly have securities whenever a customer whose this exemption, the limited partnership increased. As a result, quick, and account contains these securities securities must be in a depository and accurate processing of the transfer of decides to transfer that account to a must settle regular way.5 The limited partnership securities has different broker-dealer. This requires the Association believes these criteria become more critical. To help address customer’s current broker-dealer to identify that group of non-Nasdaq OTC this situation, the NASD, after submit the appropriate paperwork to the limited partnership securities that consulting the Investment Program general partner to transfer ‘‘ownership’’ would not benefit from using the Association 9 and various transfer of the securities to that customer’s new Standardized Transfer Forms. The agents, developed a set of standardized broker-dealer. Although this transfer Forms were specifically adopted to transfer forms for these securities and does not involve a sale of the securities, address problems associated with the required that members use them in lieu the process and paperwork is essentially settlement of limited partnership of their own in-house forms.10 The use the same. Therefore, many of the same interests that are generally liquid and and recognition of standardized forms efficiencies associated with the use of where the transfer requirements should bring greater consistency and the Forms in connection with the sale contained in the General Partnership certainty in transactions involving of a limited partnership security can be Agreement vary widely as to the type of limited partnership securities. In realized when a broker-dealer is information and documents necessary addition, the use of the Forms should transferring a customer’s account that for a valid transfer of a interest. significantly reduce the time and effort contains these securities. required by member firms to process the B. Amendment to Rule NASD 11870 IV. Conclusion transfer of limited partnership Since the adoption of NASD Rule securities. The Commission believes the It is therefore ordered, pursuant to 11580, members have inquired as to proposed amendments to NASD Rule Section 19(b)(2) of the Act,11 that the whether the Forms can be used to 11580 and NASD Rule 11870 further proposed rule change (SR–NASD–97– accomplish account transfers under promote these benefits. 05) is approved. NASD Rule 11870. In order to clarify this issue, NASD Regulation is A. Amendment to Rule 11580 For the Commission, by the Division of proposing to amend Rule 11870 to Market Regulation, pursuant to delegated The Commission believes it is authority.12 provide that, in the case of limited appropriate to expand the exemption Margaret H. McFarland, partnership securities, members must currently contained in Rule 11580(a) to use the Standardized Transfer Forms Deputy Secretary. include non-Nasdaq OTC limited [FR Doc. 97–12700 Filed 5–14–97; 8:45 am] unless exempted by that rule. partnership securities that are BILLING CODE 8010±01±M III. Discussion physically present in a depository and The Commission finds that the settle regular way. The use of the proposed rule change is consistent with Standardized Transfer Forms facilitates SECURITIES AND EXCHANGE the requirements of the Act and the the transfer process. Nevertheless, the COMMISSION rules and regulations thereunder Forms need to meet the legitimate needs of issuers and transfer agents to be [Release No. 34±38591; File No. SR±NASD± applicable to a national securities 96±46] association and, in particular, with the effective. In this regard, the Commission requirements of Section 15A.6 believes it is appropriate to exempt the Self-Regulatory Organizations; Order Specifically, the Commission believes OTC limited partnership securities Approving Proposed Rule Change by the proposed rule change is consistent identified by the NASD from utilizing NASD Regulation, Inc. Relating to the with the provisions of Section 15A(b)(6) the Forms. The criteria chosen by the Submission of Information in of the Act 7 because it is designed to Association are reasonable choices to Electronic Form foster cooperation and coordination identify that group of non-Nasdaq OTC with persons engaged in regulating, limited partnerships that trade with May 9, 1997. such frequency that use of the Forms clearing, settling, processing I. Introduction information with respect to, and would not improve the transfer process. facilitating transactions in securities Indeed, it is possible that mandating On March 17, 1997,1 the National and, in general, to protect investors and that members utilize the Forms for these Association of Securities Dealers the public interest.8 limited partnership securities could Regulation, Inc. (‘‘NASDR’’) submitted Historically, limited partnership disrupt currently existing processes that to the Securities and Exchange securities were not structured to be are functioning efficiently. Commission (‘‘SEC’’ or ‘‘Commission’’), pursuant to Section 19(b)(1) of the transferred freely in secondary market B. Amendment to Rule 11870 Securities Exchange Act of 1934 5 The securities must be physically present in a The Commission believes it is depository to qualify for this exception. Simply appropriate to require members to 11 15 U.S.C. 78s(b)(2). being ‘‘eligible for deposit’’ in a depository is not utilize the Forms when transferring a 12 17 CFR 200.30–3(a)(12). enough. customer’s account. Limited partnership 1 On December 17, 1996, the NASDR filed the 6 15 U.S.C. 78o–3. proposed rule change with the Commission. 7 15 U.S.C. 78o–3(b)(6). securities generally are not held in the However, Amendment No. 1, which modified the 8 In approving this rule, the Commission notes rule language, replaced the original rule filing. See that it has considered the proposal’s impact on 9 The Investment Program Association is a trade Amendment No. 1, from Joan C. Conley, Secretary, efficiency, competition, and capital formation, organization for the partnership industry. NASD Regulation, Inc., to Katherine A. England, consistent with Section 3 of the Act. 15 U.S.C. 10 Use of the standardized forms became Assistant Director, Division of Market Regulation, 78c(f). mandatory for NASD members on May 15, 1996. SEC, dated March 17, 1997. 26842 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
(‘‘Act’’) 2 and Rule 19b–4 thereunder,3 a form) with regard to any matter its members’ compliance with its rules, proposed rule change to amend Rule involved in any such investigation or those of the Commission and of the 8210 of the Procedural Rules of the hearing * * *’’ and would amend MSRB, thus possibly detecting National Association of Securities subparagraph (b) to insert the word fraudulent and manipulative acts and Dealers, Inc. (‘‘NASD’’ or ‘‘Association’’) ‘‘electronic’’ in the provision regarding practices before they seriously harm to request that members provide the receipt of any notice requiring a investors and the public interest. regulatory information in electronic report (emphasis provided). Consistent with Section 15A(b)(7), the form and to establish electronic The NASDR has also worked with the speed of receipt of information should submission programs for regularly filed membership over many years to develop enable the NASDAR to detect violations regulatory information. A notice of the procedures for the electronic rapidly and discipline accordingly. proposed rule change appeared in the submission of periodic reports or other The proliferation of securities Federal Register on April 8, 1997.4 The frequently requested investigatory data transactions and attendant increase in Commission received no comment that would otherwise be submitted in volume has increased the need for rapid letters concerning the proposed rule written form in order to better fulfill its computer-based (‘‘electronic’’) change. The Commission is approving regulatory responsibilities under the technology. According to the NASDR, the proposed rule change. federal securities laws. Programs for most of its members currently maintain The proposed rule change addresses electronic submissions have already their trading records in electronic, an NASDR rule that requires members been established for filing of members’ rather than hard copy form. Surveys to maintain records of compliance so FOCUS Reports, Blue Sheet Reports, conducted by the Association indicate that information will be available to Short Interest Reports, Form U–4 and that most members store their primary NASDR staff for on-site examination. U–5 with the Central Registration trading records in some from of Rule 8210 of the Association’s Conduct Depository (‘‘CRD’’).5 The Association electronic storage media.9 To the extent Rules (formerly, Article IV, Section 5 of is, therefore, proposing to amend rule that members stores their important the Rules of Fair Practice) requires 8210 to add new paragraph (c) to trading records in electronic storage members to respond to any NASD provide general authority for the media, the Commission agrees that request for information for the purpose Association to establish programs for allowing Association members to of any investigation or determination as the submission of information on a electronically disseminate this to the filing of a complaint or any regular basis through direct or indirect information in response to inquiries will hearing of a complaint and to submit electronic interface between the both increase examination efficiency such information ‘‘orally or in writing.’’ Association and members, upon and eliminate costs associated with This provision covers the Association’s approval by the Commission. providing electronically maintained request for investigatory information in III. Discussion information to examine in hard copy the context of an individual form. examination or investigation of a The Commission believes that the As the Association continue to member firm and also covers the proposed rule change is consistent with increase services to its membership and Association’s programs for the receipt of the Act and the rules and regulations enhance its ability to surviel for regular reports from members. promulgated thereunder.6 Specifically, the Commission believes that approval regulatory compliance through the use II. Description of the Proposal of the proposed rule change is of computer-based technology, the The Association believes that the consistent with Sections 15A(b)(6) 7 and Commission agrees that it should current provision of Rule 8210 that 15A(b)(7) 8 of the Act. Consistent with establish electronic submission permits the Association to request that Section 15A(b)(6), the proposal should programs for information required to be a member or a person associated with a improve NADSAD’s ability to monitor submitted by members on a regular member report ‘‘in writing’’ covers basis, upon approval by the information stored by a member in the 5 The FOCUS Filing Plan was approved in Commission. Similar programs have form of electronic media, as the Securities Exchange Act Rel. No. 29105 (April 18, been established for which members are electronic format merely retains the 1991); 56 FR 19131 (April 25, 1991). The Short currently submitting information Interest Reporting requirement was permanently electronically.10 The Commission written record. Thus, NASDR is approved in Securities Exchange Act Rel. No. 23482 proposing to amend Rule 8210 to (July 30, 1986); 51 FR 28472 (Aug. 7, 1986). The supports these programs and believers provide specifically that a member may Blue Sheet Reporting Plan was approved in they provide a framework for future be required to submit a report in Securities Exchange Act Rel. No. 26539 (Feb. 13, programs. The Commission believes that 1989); 54 FR 7318 (Feb. 17, 1989). The Central implementing such programs will electronic form where the member Registration Depository electronic filing maintains the information in that requirements were approved, but the revised Forms benefit the Association and its members manner. The proposed rule change U–4 and U–5 are not being used at this time. See as any delays associated with paper would amend subparagraph (a)(1) to Securities Exchange Act Rel. No. 37439 (July 15, submission will be decreased and any 1996); 61 FR 37950 (July 22, 1996). errors detected can be easily corrected. require ‘‘* * * any member of the 6 In approving the rule, the Commission has Association, person associated with a considered the proposal’s impact on efficiency, IV. Conclusion member, or person no longer associated competition and capital formation, consistent with with a member when such person is Section 3 of the Act. 15 U.S.C. 78c(f) (1996). For the above reasons, the subject to the Association’s jurisdiction 7 Section 15A(b)(6) requires the Commission to Commission believes that the proposed determine that a registered national securities rule change is consistent with the to report, either informally or on the association’s rules are designated to promote just record, orally or in writing or and equitable principles of trade, to remove electronically (if the requested impediments to and perfect the mechanism of a free 9 See, e.g., Survey and Analysis Concerning the information is maintained in electronic and open market and a national market system, and Redesign of the Short Position Reporting System to protect investors and the public interest. and the Electronic Submission Mechanism, 8 Section 15A(b)(7) requires that the rules of the submitted by Suzanne E. Rothwell, Associate 2 15 U.S.C. 78s(b)(1) (1988). Association provide that its members and persons General Counsel, NASD Regulation, Inc., to 3 17 CFR 240.19b–4 (1995). associated with its members be appropriately Katherine A. England, Assistant Director, Division 4 Securities Exchange Act Release No. 38468 disciplined for violation of the rules of the MSRB of Market Regulation, SEC, dated March 25, 1997. (April 2, 1997); 62 FR 16884 (April 8, 1997). or the rules of the Association. 10 See supra note 5. Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26843 provisions of the Act, and in particular proposed rule change. Proposed new member must provide with each filing with Sections 15A(b)(6) and 15A(b)(7). language is in italics; proposed the actual or anticipated date of first It is therefore ordered, pursuant to deletions are in brackets. use. Any member filing any investment Section 19(b)(2) of the Act,11 that the CONDUCT RULES company advertisement or sales proposed rule change (SR–NASD–96– literature pursuant to this paragraph 46) be, and hereby is approved. 2200. COMMUNICATIONS WITH shall include a copy of the data, ranking For the Commission, by the Division of CUSTOMERS AND THE PUBLIC or comparison on which the ranking or Market Regulation, pursuant to delegated 2210. Communications with the Public comparison is based. authority.12 * * * * * Margaret H. McFarland, (c) Filing Requirements and Review II. Self-Regulatory Organization’s Deputy Secretary. Procedures Statement of the Purpose of, and [FR Doc. 97–12748 Filed 5–14–97; 8:45 am] (1) Advertisements and sales Statutory Basis for, the Proposed Rule Change BILLING CODE 8010±01±M literature concerning registered investment companies (including mutual funds, variable contracts and In its filing with the Commission, NASD Regulation included statements SECURITIES AND EXCHANGE unit investment trusts) not included concerning the purpose of, and basis for, COMMISSION within the requirements of paragraph (c)(2), and public direct participation the proposed rule change and discussed [Release No. 34±38593; File No. SR±NASD± programs (as defined in Rule 2810), and any comments it received on the 97±33] advertisements concerning government proposed rule change. The text of these statements may be examined at the Self-Regulatory Organizations; Notice securities (as defined in Section 3(a)(42) places specified in Item IV below. of Filing and Immediate Effectiveness of the Act) shall be filed with the NASD Regulation has prepared of Proposed Rule Change by National Association’s Advertising/Investment summaries, set forth in Sections A, B Association of Securities Dealers, Inc. Companies Regulation Department and C below, of the most significant Relating to Rule 2210 of the Conduct (Department) within 10 days of first use or publication by any member. The aspects of such statements. Rules member must provide with each filing A. Self-Regulatory Organization’s the actual or anticipated date of first May 9, 1997. Statement of the Purpose of, and Pursuant to Section 19(b)(1) of the use. Filing in advance of use is recommended. Members are not Statutory Basis for, the Proposed Rule Securities Exchange Act of 1934 Change (‘‘Act’’),1 notice is hereby given that on required to file advertising and sales May 1, 1997, the NASD Regulation Inc. literature which have previously been (a) The Government Securities Act (‘‘NASD Regulation’’) filed with the filed and which are used without Amendments of 1993 (‘‘Government Securities and Exchange Commission change. Any member filing any Securities Amendments’’) were signed (‘‘SEC’’ or ‘‘Commission’’) the proposed investment company advertisement or into law on December 13, 1993, and rule change as described in Items, I, II, sales literature pursuant to this eliminated the statutory limitation on and III below, which Items have been paragraph (c) that includes or the NASD’s authority to regulate the prepared by NASD Regulation. NASD incorporates rankings or comparisons of sales practices of exempted securities, Regulation has designated this proposal the investment company with other including government securities investment companies shall include a as concerned solely with the transactions, other than municipals.4 administration of the National copy of the ranking or comparison used In order to implement the expanded Association of Securities Dealers, Inc. in the advertisement or sales literature. sales practice authority granted to the (‘‘NASD’’ or ‘‘Association’’) pursuant to (2) Advertisements concerning NASD pursuant to the Government Section 19(b)(3)(A)(ii) of the Act 2 and collateralized mortgage obligations [registered under the Securities Act of Securities Amendments, the NASD filed paragraph (e) of Rule 19b–4 3 1933], and advertisements and sales a rule change on September 15, 1995, to thereunder, which renders the rule literature concerning registered merge the rules which has governed the effective upon the Commission’s receipt investment companies (including conduct of members with respect to of this filing. The Commission is mutual funds, variable contracts and transactions in government securities publishing this notice to solicit unit investment trusts) that include or (‘‘Government Securities Filing’’), where comments on the proposed rule change incorporate ranking or comparisons of applicable, into the Rules of Fair from interested persons. the investment company with other Practice (‘‘Conduct Rules’’) and to make I. Self-Regulatory Organization’s investment companies where the other related changes.5 Section 8(c)(1) Statement of the Terms of Substance of ranking or comparison category is not (A) and (B) of the Government the Proposed Rule Change generally published or is the creation, Securities Rules, were intended to be either directly or indirectly, of the merged into the Conduct Rules, but NASD Regulation is proposing to investment company, its underwriter or were inadvertently omitted in the amend Rule 2210 of the Conduct Rules an affiliate, shall be filed with the Government Securities Filing. This of the NASD, by merging into this rule, Department for review at least 10 days filing is intended to clarify the intent of effective immediately, the provisions prior to use (or such shorter period as the Government Securities Filing by contained in Section 8(c)(1) (A) and (B) the Department may allow in particular merging old Section 8(c)(1) (A) and (B) of the Government Securities Rules, circumstances) for approval and, if of the Government Securities Rules into which provisions were deleted on changed by the Association, shall be August 20, 1996. Below is the text of the withheld from publication or circulation 4 The terms ‘‘exempted securities’’, ‘‘government securities’’ and ‘‘municipal securities’’ are defined 11 15 U.S.C. 78s(b)(2) (1988). until any changes specified by the Association have been made or, if in Sections 3(a)(12), 3(a)(42) and 2(a)(29) of the Act, 12 17 CFR 200.30–3(a)(12). respectively. 1 15 U.S.C. § 78s(b)(1)(1988). expressly disapproved, until the 5 See Securities Exchange Act Release No. 36383 2 15 U.S.C. § 78s(b)(3)(A)(iii). advertisement has been refiled for, and (October 17, 1995), 60 FR 54530 (October 24, 1995) 3 17 CFR 240.19b–4(e) (1991). has received, Association approval. The [File No. SR–NASD–95–39]. 26844 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices the Conduct Rules, effective acts and practices, to promote just and amendments, all written statements immediately.6 equitable principles of trade, to remove with respect to the proposed rule Section 8(c)(1)(A) of the Government impediments to and perfect the change that are filed with the Securities Rules required members to mechanism of a free and open market Commission, and all written file for review with the Association’s and a national market system, and, in communications relating to the Advertising Department all general, to protect investors and the proposed rule change between the advertisements concerning government public interest in that the proposed rule Commission and any person, other than securities (as defined in Section 3(a)(42) change will implement the those that may be withheld from the of the Act) other than collateralized Association’s expanded sales practice public in accordance with the mortgage obligations (‘‘CMOs’’) within authority over exempted securities, provisions of 5 U.S.C. 552, will be 10 days of first use or publication. except for municipals, by adding certain available for inspection and copying in Section 8(c)(1)(B) of the Government member obligations concerning the the Commission’s Public Reference Securities Rules required members to advertising of government securities and Room. Copies of such filing will also be file for review with the Association’s CMOs, which were contained in Section available for inspection and copying at Advertising Department all 8(c)(1) (A) and (B) of the Government the principal office of the NASD. All advertisements concerning CMOs at Securities Rules, to Rule 2210 of the submissions should refer to File No. least 10 days prior to use (or such Conduct Rules. NASD–97–33 and should be submitted shorter period as the Advertising by June 5, 1997. B. Self-Regulatory Organization’s Department allowed in particular Statement on Burden on Competition For the Commission, by the Division of circumstances). Section 8(c)(1)(B) also Market Regulation, pursuant to delegated provided that, if the advertisements NASD Regulation does not believe authority.12 were changed or expressly disapproved that the proposed rule change will result Margaret H. McFarland, in any burden on competition that is not by the Association, such advertisements Deputy Secretary. necessary or appropriate in furtherance would be withheld from publication or [FR Doc. 97–12750 Filed 5–14–97; 8:45 am] circulation until any changes specified of the purposes of the Act, as amended. BILLING CODE 8010±01±M by the Association had been made, or in C. Self-Regulatory Organization’s the event of disapproval, until the Statement on Comments on the advertisement had been refiled for, and Proposed Rule Change Received From SMALL BUSINESS ADMINISTRATION had received, Association approval. Members, Participants, or Others In order to merge the member Written comments were neither Data Collection Available for Public obligations that were contained in Comments and Recommendations Section 8(c)(1)(A) of the Government solicited nor received. Securities Rules, NASD Regulation III. Date of Effectiveness of the ACTION: Notice and request for proposes inserting a similar provision Proposed Rule Change and Timing for comments. into Rule 2210(c)(1) of the Conduct Commission Action SUMMARY: Rules. In Order to merge the member In accordance with the obligations that were contained in The foregoing rule change has become Paperwork Reduction Act of 1995, this Section 8(c)(1)(B) of the Government effective on May 1, 1997, the date of notice announces the Small Business Securities Rules, NASD Regulation receipt of this filing by the Commission, Administration’s intentions to request proposes deleting the phrase ‘‘registered pursuant to Section 19(b)(3)(A)(iii) of approval on a new, and/or currently the Act 10 and paragraph (e) of Rule approved information collection. under the Securities Act of 1933’’ in 11 Rule 2210(c)(2) of the Conduct Rules. 19b–4 thereunder, because it is DATES: Comments should be submitted This deletion would expand member concerned solely with the on or before July 14, 1997. obligations concerning registered CMOs administration of the NASD in that it is FOR FURTHER INFORMATION CONTACT: in Rule 2210(c)(2) to all CMOs, which correcting the inadvertent omission of Curtis B. Rich, Management Analyst, was the broader security product provisions from an earlier rule filing. Small Business Administration, 409 3rd At any time within sixty days of the addressed in Section 8(c)(1)(B) of the Street, S.W., Suite 5000, Washington, filing of the proposed rule change, the Government Securities Rules. D.C. 20416. Phone Number: 202–205– Commission may summarily abrogate NASD Regulation is proposing that 6629. such rule change it if appears to the the rule change be effective upon filing Commission that such action is SUPPLEMENTARY INFORMATION: pursuant to Section 19(b)(3)(A)(iii) of necessary or appropriate in the public the Act 7 and paragraph (e) of Rule 19b– Title: ‘‘8(a) Electronic Application interest, for the protection of investors, 4 8 thereunder as concerned solely with Pilot’’. or otherwise in furtherance of the the administration of the NASD because Type of Request: New Information purposes of the Act. it is correcting the inadvertent omission Collection. Form No.: N/A. of provisions from an earlier rule filing. IV. Solicitation of Comments Description of Respondents: Small (b) NASD Regulation believes that the Interested persons are invited to Business Owners or Corporate Officers proposed rule change is consistent with submit written data, views, and (Corporations) Interested in Applying the provisions of Section 15A(b)(6) of arguments concerning the foregoing. 9 for 8(A) Certification. the Act, which requires that the rules Persons making written submissions Annual Responses: 741. of the Association be designed to should file six copies thereof with the Annual Burden: 37.5. prevent fraudulent and manipulative Secretary, Securities and Exchange Comments: Send all comments Commission, 450 Fifth Street, N.W., regarding this information collection to 6 See Securities Exchange Act Release No. 37588 Patricia A. Lefevre, Office Minority (August 20, 1996), 61 FR 44100 (August 27, 1996) Washington, D.C. 20549. Copies of the [File No. SR–NASD–95–39]. submission, all subsequent Enterprise Development, Small Business 7 15 U.S.C. 78s(b)(3)(A)(iii). Administration, 409 3rd Street, S.W., 8 17 CFR 240.19b–4(e). 10 15 U.S.C. § 78s(b)(3)(A)(iii). 9 15 U.S.C. 78o–3(b)(6). 11 17 CFR 240.19b–4(e). 12 15 U.S.C. 78s(b)(3)(A)(iii). Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26845
Suite 8000, Washington, D.C. 20416. Persons submitting comments should maintain and record into a refuse record Phone No.: 202–205–6416. include their names and addresses, book, the discharge and disposal Send comments regarding whether identify this Notice and the specific ICR operations of their generated waste. this information collection is necessary to which each comment applies, and Need: 33 CFR 151.55 gives the Coast for the proper performance of the give reasons for each comment. The U.S. Guard the authority to prescribe function of the agency, accuracy of Coast Guard requests that all comments regulations to require certain U.S. ships, burden estimate, in addition to ways to and attachments be submitted in an fixed or floating platforms, to maintain minimize this estimate, and ways to unbound format no larger than 81⁄2 by onboard, documentation of the disposal enhance the quality. 11 inches, suitable for copying and of their generated waste. Dated: May 9. 1997. electronic filing. If that is not practical, Respondents: Masters or persons-in- Jacqueline White, a second copy of any bound material is charge of U.S. ships, and fixed or requested. Persons desiring Chief, Administrative Information Branch. floating platforms. acknowledgement that their comments Frequency: On occasion. [FR Doc. 97–12694 Filed 5–14–97; 8:45 am] have been received should enclose a Burden: The estimated burden is BILLING CODE 8025±01±P stamped, self-addressed post card or 526,624 hours annually. envelope. Interested persons can receive copies Dated: May 12, 1997. DEPARTMENT OF TRANSPORTATION of the complete ICR by contacting Ms. J.T. Tozzi, Davis where indicated under Director of Information and Technology. Coast Guard ADDRESSES. [FR Doc. 97–12792 Filed 5–14–97; 8:45 am] [CGD 97±028] BILLING CODE 4910±14±M Information Collection Requests Agency Information Collection 1. Title: Approval Test Report and Activities Under OMB Review Plans for Safety Valves. DEPARTMENT OF TRANSPORTATION OMB No.: 2115–0525. AGENCY: Coast Guard, DOT. Summary: The collection of Federal Aviation Administration ACTION: Notice. information requires manufacturers of Agency Information Collection Activity safety equipment and materials that are SUMMARY: Under OMB Review In compliance with the to be installed on vessels, to submit to Paperwork Reducation Act, the U.S. the Coast Guard, plans, drawings and AGENCY: Department of Transportation, Coast Guard announces three test reports of the equipment. Information Collection Requests (ICR) Federal Aviation Administration (DOT/ Need: Title 46 CFR, Part 162, gives FAA). for renewal. These ICRs include: 1. Coast Guard the authority to approve ACTION: Notice. Approval Test Report and Plans for specific types of safety equipment and Safety Valves; 2. Financial materials and to ensure that these items SUMMARY: In compliance with the Responsibility for Water Pollution meet the minimum levels of safety Vessels; and 3. Recordkeeping of Refuse Paperwork Reduction Act (44 U.S.C. before this equipment can be installed 3501 et seq.) this notice announces that Discharges from Ships. Before on vessels. submitting the ICR packages to the the information collection request Respondents: Manufacturer of Safety described below has been forwarded to Office of Management and Budget Valves. (OMB), the U.S. Coast Guard is the Office of Management and Budget Frequency: On occasion. (OMB) for review. The FAA is soliciting comments on specific aspects Burden Estimate: The estimated of the collections as described below. requesting an emergency clearance by burden is 288 hours annually. June 18, 1997, in accordance with 5 CFR DATES: Comments must be received on 2. Title: Financial Responsiblity for § 1320.13. The following information or before July 14, 1997. Water Pollution Vessels. describes the nature of the information OMB No.: 2115–0543. ADDRESSES: Comments may be mailed to collection and its expected burden. Commandant (G–SII–2), U.S. Coast Summary: The collection of DATES: Submit any comments to OMB Guard Headquarters, Room 6106 (Attn: information requires operators of vessels and FAA by July 14, 1997. Barbara Davis), 2100 Second St., SW., over 300 gross tons to submit to the Washington, DC 20593–0001, or may be Coast Guard evidence of their financial SUPPLEMENTARY INFORMATION: hand deliverd to the same address responsiblity to meet the maximum Title: FAA Commercial Tour between 8:00 a.m. and 3:00 p.m., amount of liability in case of an oil spill Overflights Study. Monday through Friday, except Federal or hazardous substances. Need: The proposed research is the holidays. The telephone number is (202) Need: Under 22 U.S.C. 2716 and 42 civilian counterpart of a study, 267–2326. The comments will become U.S.C. 9608, the Coast Guard has the mandated by Public Law 100–91, to part of this docket and will be available authority to ensure that those persons determine the most appropriate for inspection and copying by directly subject to these rules are in allocation and uses of airspace for appointment at the above address. compliance with the provisions. Respondents: Operators or Owners of commercial tour overflights on National FOR FURTHER INFORMATION CONTACT: vessels over 300 gross tons. Parks. The FAA seeks to identify and Barbara Davis, U.S. Coast Guard, Office Frequency: On occasion. reduce any problems or adverse impacts of Information Management, telephone Burden Estimate: The estimated associated with commercial tour (202) 267–2326. burden is 2,162 hours annually. overflights on national parks. The SUPPLEMENTARY INFORMATION: 3. Title: Recordkeeping of Refuse results of this study will further the Discharges from Ships. FAA’s understanding of the issue by Request for Comments OMB No.: 2115–0613. including the effects attributable to The U.S. Coast Guard encourages Summary: The collection of sound produced by commercial tour interested persons to submit written information requires certain U.S. ships overflights. This data is necessary for views, comments, data, or arguments. and fixed or floating platforms to the FAA to develop a national rule that 26846 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices evaluates noise impacts of commercial Previous Meeting; (3) Report of Working ACTION: List of applicants for tour overflights on national parks. Group Activities: a. Working Group 1 exemptions. Respondents: Individuals (a (operations Working Group); b. Working maximum of 500 visitors at the selected Group 2 (Technical Working Group); c. SUMMARY: In accordance with the national park. Working Group 3 (CDTI Working procedures governing the application Frequency: Annually. Group); (4) Discussion of Enhanced for, and the processing of, exemptions Burden: 10 minutes per visitor for a Collision Avoidance Systems, Possible from the Department of Transportation’s total of 83 burden hours annually. New Working Group to Develop MOPS Hazardous Materials Regulations (49 FOR FURTHER INFORMATION: You may for Generic Collision Avoidance Logic, CFR Part 107, Subpart B), notice is contact: Federal Aviation Changes to Terms of Reference to hereby given that the Office of Administration, Jake A. Plante, PhD, Incorporate Generic Collision Hazardous Materials Safety has received Analysis and Evaluation Branch (AEE– Avoidance Logic; (5) Review of Draft the applications described herein. Each 120), 800 Independence Avenue, SW., Near-Term CDTI Design Guidance; (6) mode of transportation for which a Washington, DC 20591. Complete the Review of Updates to particular exemption is requested is Comments may be submitted to the Section 3 of the Draft ADS–B MASPS; indicated by a number in the ‘‘Nature of agency at the address above and to: (7) Review of Section 2 of the Draft Application’’ portion of the table below Office of Information and Regulatory ADS–B MASPS; (8) Review of as follows: 1—Motor vehicle, 2—Rail Affairs, Office of Management and Appendixes of the Draft ADS–B freight, 3—Cargo vessel, 4—Cargo Budget, Room 10202, Attention FAA MASPS; (9) Other Business; (10) Date aircraft only, 5—Passenger-carrying Desk Officer, 725 17th Street, NW., and Place of Next Meeting. aircraft. Washington, DC 20503. Attendance is open to the interested DATES: Comments must be received on Issued in Washington, DC on May 9, 1997. public but limited to space availability. or before June 16, 1997. Patricia W. Carter, With the approval of the chairman, ADDRESS COMMENTS TO: members of the public may present oral Dockets Unit, Acting Manager, Corporate Information Research and Special Programs Division, ABC–100. statements at the meeting. Persons wishing to present statements or obtain Administration, Room, 8421 DHM–30, [FR Doc. 97–12755 Filed 5–14–97; 8:45 am] U.S. Department of Transportation, BILLING CODE 4910±13±M information should contact the RTCA Secretariat, 1140 Connecticut Avenue, Washington, DC 20590. NW., Suite 1020, Washington, DC Comments should refer to the DEPARTMENT OF TRANSPORTATION 20036; (202) 833–9339 (phone); (202) application number and be submitted in 833–9434 (fax); or http://www.rtca.org triplicate. If confirmation of receipt of Federal Aviation Administration (web site). Members of the public may comments is desired, include a self- present a written statement to the addressed stamped postcard showing RTCA, Inc., Special Committee 186; committee at any time. the exemption application number. Automatic Dependent SurveillanceÐ Broadcast (ADS±B) Issued in Washington, DC, on May 9, 1997. FOR FURTHER INFORMATION CONTACT: Janice L. Peters, Copies of the applications (See Docket Pursuant to section 10(a)(2) of the Designated Official. Number) are available for inspection at Federal Advisory Committee Act (P.L. the New Docket Management Facility, 92–463, 5 U.S.C., Appendix 2), notice is [FR Doc. 97–12756 Filed 5–14–97; 8:45 am] BILLING CODE 4910±13±M PL–401, at the U.S. Department of hereby given for Special Committee 186 Transportation, Nassif Building, 400 7th meeting to be held June 2–6, 1997. The Street, SW., Washington, DC 20590. Plenary Session will start at 1:00 p.m. DEPARTMENT OF TRANSPORTATION This notice of receipt of applications on Monday, June 2, and will continue for new exemptions is published in through Friday, June 6. The meeting Research and Special Programs accordance with Part 107 of the will be held at RTCA, Inc., 1140 Administration Hazardous Materials Transportation Act Connecticut Avenue, NW., Suite 1020, (49 U.S.C. 1806; 49 CFR 1.53(e)). Washington, DC 20036. Office of Hazardous Materials Safety; The agenda will include: (1) Notice of Applications for Exemptions Issued in Washington, DC, on May 8, 1997. Chairman’s Introductory Remarks/ J. Suzanne Hedgepeth, Review of Meeting Agenda; (2) Review AGENCY: Research and Special Programs Director, Office of Hazardous Materials and Approval of Minutes of the Administration, DOT. Exemptions and Approvals.
NEW EXEMPTIONS
Application No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof
11862±N ..... RSPA±972450 .. The BOC Group, 49 CFR 178.338±11(c) ...... To authorize the use of a cargo tank in oxygen, refrig- Murray Hill, NJ. erated liquid service that is not equipped with a re- motely controlled self closing shut-off valve. (mode 1) 11863±N ..... RSPA±972451 .. Carrier Corp. /d/b/a 49 CFR 173.307(a)(4) ...... To authorize the manufacture, mark and sale of refrigera- United Tech- tion machines containing up to 50 pounds of hazardous nologies, Carrier materials to be transported as not subject to the regula- Syracuse, NY. tions. (modes 1, 2, 3) 11864±N ..... RSPA±972453 .. Boliden Intertrade, 49 CFR 173.31(d)(1)(vi) ..... To authorize the transportation in commerce of tank cars Inc., Atlanta, GA. containing the residue of a Class 9 material when the inspection required by 173.31(d)(1)(vi) does not include removing the rupture disk. (mode 2) Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26847
NEW EXEMPTIONSÐContinued
Application No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof
11865±N ..... RSPA±972452 .. ACCU Conversion, 49 CFR 174.67 (i) & (j) ...... To authorize rail cars containing Class 8 and Division 5.1 Inc., City of In- material to remain connected during loading and un- dustry, CA. loading operations without the physical presence of an unloader. (mode 2) 11866±N ..... RSPA±972454 .. Sea-Land Service, 49 CFR 176.905 ...... To authorize transportation in commerce of cars and other Inc., Charlotte, motor vehicles, with batteries connected with some fuel NC. in the fuel tank with required ventilation of each hold or compartment of a vessel. (mode 3) 11869±N ..... RSPA±972456 .. Driscoll Children's 49 CFR 172.101 9(a) ...... To authorize the transportation in commerce of nitric Hospital, Corpus oxide, Division 2.3, with a subsidiary risk of Division 5.1 Christi, TX. and Class 8 in aluminum cylinders weighing no more than 11 lbs. for use as part of a emergency medical transport of critically ill newborns and infants care sys- tem. (mode 5) 11871±N ..... RSPA±972457 .. Biotech Research 49 CFR 173.196, 178.609 To authorize the transportation in commerce of infectious Laboratories, clinical samples and various other biological fluids in Rockville, MD. mechanical freezers. (mode 1) 11872±N ..... RSPA±972458 .. Polymet Alloys, 49 CFR 172.101, B105 & To authorize the transportation in commerce of water re- Inc., Saginaw, B106. active, solid, Division 4.3 in flexible intermediate bulk AL. containers. (modes 1, 2, 3) 11873±N ..... RSPA±972459 .. Incendere Inc., 49 CFR 172.101, To authorize the transportation in commerce of regulated West Chester, 172.101(8). medical waste in plastic bags in non-DOT specifications PA. steel roll-off containers as outer packaging. (mode 1) 11876±N ..... RSPA±972460 .. Portland General 49 CFR 173.427(b) ...... To authorize the transportation in commerce of reactor Electric Co., coolant pumps to be transported as DOT 7A Type A Rainer, OR. package. (mode 1) 11877±N ..... RSPA±972461 .. Monsanto Com- 49 CFR 172.302(a)(2), To authorize the transportation in commerce of Class 9 pany, St. Louis, 172.400(a)(2), 172.504(a). hazardous materials in flexible intermediate bulk con- MO. tainers without required markings or labeling. (modes 1, 2) 11879±N ..... RSPA±972462 .. Cardone Indus- 49 CFR 100±180 ...... To authorize the manufacture, mark, and sale of certain tries, Inc., Phila- shock absorbers and struts, containing a Division 2.2 delphia, PA. material for transportation in commerce as accumula- tors, not subject to the Hazardous Materials Regula- tions. (modes 1, 2, 3, 4, 5) 11880±N ..... RSPA±972463 .. International Cata- 49 CFR 173.241, 173.242 To authorize the transportation in commerce of Division lyst Corp., 4.2 material in modified covered hopper railcars. (mode Loydminster, CN. 2) 11881±N ..... RSPA±972132 .. Wampum Hard- 49 CFR 176.168(e) ...... To authorize the transportation in commerce of explosives ware Co., New classed in Division 1.1, 1.4 and 1.5 on the same vehicle Galilee, PA. aboard ferry vessel for quarry operations. (mode 3) 11882±N ..... RSPA±972464 .. FMC Corporation, 49 CFR 172.101, 173.244 To authorize the transportation in commerce of non-DOT Philadelphia, PA. specification packaging containing small quantities of high purity lithium metal for off-site cleaning. (mode 1) 11883±N ..... RSPA±972465 .. Brownie Tank Mfg. 49 CFR 172.200, To authorize the transportation in commerce of meter Co., Minneapo- 173.242(b), 173.243(b). provers in assorted sizes with residual amounts of lis, MN. Class 3 hazardous materials. (mode 1) 11884±N ..... RSPA±972466 .. Degussa Corp., 49 CFR 173.243 ...... To authorize the transportation in commerce of tank con- Ridgefield Park, tainers not presently authorized for use in transporting NJ. Class 8 material. (mode 1, 2, 3) 11886±N ..... RSPA±972419 .. Standard Chlorine 49 CFR 173.213(c) ...... To authorize the transportation in commerce of Environ- of Delaware, mentally Hazardous Substance, Solid, n.o.s., Class 9, in Inc., Delaware 5M1 bags. (mode 1) City, DE.
[FR Doc. 97–12703 Filed 5–14–97; 8:45 am] DEPARTMENT OF TRANSPORTATION ACTION: List of applications for BILLING CODE 4910±60±M modification of exemptions. Research and Special Programs Administration SUMMARY: In accordance with the procedures governing the application Office of Hazardous Materials Safety; for, and the processing of, exemptions Notice of Applications for Modification from the Department of Transportation’s of Exemption Hazardous Materials Regulations (49 CFR Part 107, Subpart B), notice is AGENCY: Research and Special Programs hereby given that the Office of Administration, DOT. Hazardous Materials Safety has received the applications described herein. This 26848 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices notice is abbreviated to expedite application number. Application Comments should refer to the docketing and public notice. Because numbers with the suffix ‘‘M’’ denote a application number and be submitted in the sections affected, modes of modification request. These triplicate. If confirmation of receipt of transportation, and the nature of applications have been separated from comments is desired, include a self- application have been shown in earlier the new applications for exemptions to addressed stamped postcard showing Federal Register publications, they are facilitate processing. the exemption number. not repeated here. Requests for DATES: Comments must be received on FOR FURTHER INFORMATION: modifications of exemptions (e.g. to or before May 30, 1997. Copies of the applications are available for inspection provide for additional hazardous ADDRESS COMMENTS TO: Dockets Unit, materials, packaging design changes, Research and Special Programs in the Dockets Unit, Room 8426, Nassif additional mode of transportation, etc.) Administration, U.S. Department of Building, 400 7th Street SW, are described in footnotes to the Transportation, Washington, DC 20590. Washington, DC.
Renewal of Application No. Applicant exemption
7657±M ...... Welker Engineering Co., Sugar Land, TX (See Footnote 1) ...... 7657 7765±M ...... Carleton Technologies, Inc., Orchard Park, NY (See Footnote 2) ...... 7765 8718±M ...... Structural Composites Industries, Pomona, CA (See Footnote 3) ...... 8718 11005±M ...... Pressure Technology, Inc. Hanover, MD (See Footnote 4) ...... 11005 11506±M ...... OEA, Inc. Denver, CO (See Footnote 5) ...... 11506 11644±M ...... United States Can Company, Elgin, IL (See Footnote 6) ...... 11644 11785±M ...... Chilton Products, Chilton, WI (See Footnote 7) ...... 11785 11787±M ...... Bayer Corp., Pittsburgh, PA (See Footnote 8) ...... 11787 11791±M ...... The Coleman Co., Inc., Wichita, KS (See Footnote 9) ...... 11791 11799±M ...... Cryonix, Inc., Rockville, MD (See Footnote 10) ...... 11799 11856±M ...... Olin Corp., Norwalk, CT (See Footnote 11) ...... 11856 11868±M ...... United States Enrichment Corporation, Bethesda, MD (See Footnote 12) ...... 11868 (1) To reissue emergency exemption modification to authorize use of non-DOT specification cylinders for shipment of certain chlorofluocarbon gases for analytical testing. (2) To modify the exemption to provide for an additional non-DOT specification cylinder for use in transporting argon, Division 2.2 material. (3) To modify the exemption to increase the water capacity from 55 lbs. to 150 lbs. for non-DOT specification fiberglass reinforced plastic cyl- inders for use in transporting various Division 2.2 material. (4) To modify the exemption to provide for an additional design non-DOT specification reinforced plastic (FRP) full composite (FC) aluminum cylinders for the transportation of certain compressed gases. (5) To modify the exemption to eliminate the flattening testing of non-DOT specification cylinders for use as components of automobile vehicle safety systems. (6) To modify the exemption to provide for additional drawings and alternative burst pressure for non-DOT specification aerosal cans. (7) To reissue the exemption originally issued on an emergency basis to manufacture, mark and sale DOT-Specification 39 cylinders with a marking deviation to be used for the transportation in commerce of Division 2.1 and 2.2 material authorized for DOT-Specification 39 cylinders. (8) To modify the exemption originally issued on an emergency basis to authorize the transportation in commerce of Toxic liquid, flammable, organic n.o.s. Division 6.1, PIH, Zone A material in 6HA1 drums that have not been hydrostatic tested to 80 psig. (9) To modify the exemption to provide for an increase in the water capacity of DOT Specification 2Q nonrefillable inner container for use in transporting Division 2.1 material. (10) To modify the exemption originally issued on an emergency basis to authorize the transportation in commerce of alternative secondary packaging consisting of heat sealed, plastic sleeve, packed in small quantities with absorbent material to be transported inside commerical freez- er, for use in transporting Infectious substances, Division 6.2. (11)To reissue the exemption originally issued on an emergency basis for transportation of non-DOT specification packagings consisting of sat- ellite fuel and thermal transport systems. (12) To reissue the exemption originally issued on an emergency basis for the transportation in commerce of uranium hexafluoride cylinders with valves and plugs that contain different alloys.
This notice of receipt of applications DEPARTMENT OF TRANSPORTATION lease 24 spur tracks, totaling for modification of exemptions is approximately 7.5 miles, from CROET.1 published in accordance with Part 107 Surface Transportation Board The transaction was scheduled to be of the Hazardous Materials consummated on or after May 2, 1997. Transportations Act (49 U.S.C. 1806; 49 [STB Finance Docket No. 33392] If the verified notice contains false or CFR 1.53(e)). misleading information, the exemption Southern Freight Logistics, LLC; Lease is void ab initio. Petitions to reopen the Issued in Washington, DC, on May 8, 1997. and Operation Exemption; Community proceeding to revoke the exemption J. Suzanne Hedgepeth, Reuse Organization of East Tennessee under 49 U.S.C. 10502(d) may be filed Director, Office of Hazardous Materials at any time. The filing of a petition to Exemptions and Approvals. Southern Freight Logistics, LLC (SFL), revoke will not automatically stay the [FR Doc. 97–12704 Filed 5–14–97; 8:45 am] a noncarrier, has filed a verified notice transaction. BILLING CODE 4910±60±M of exemption under 49 CFR 1150.31 to An original and 10 copies of all lease 7.0 miles of rail line from the pleadings, referring to STB Finance Community Reuse Organization of East Docket No. 33392, must be filed with Tennessee (CROET) between milepost the Surface Transportation Board, Office 0.0, at Blair, TN, and milepost 7.0, near of the Secretary, Case Control Unit, 1925 Oak Ridge, TN. In addition, SFL will K Street, NW., Washington, DC 20423–
1 SFL d/b/a Southern Freight Railroad will be the operator of the leased rail line. Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26849
0001. In addition, a copy of each use/rail banking under 49 CFR 1152.29 DEPARTMENT OF TRANSPORTATION pleading must be served on Karl Morell, will be due no later than 20 days after Esq., Ball Janik, LLP, 1455 F Street, notice of the filing of the petition for Surface Transportation Board NW., Suite 225, Washington, DC 20005. exemption is published in the Federal [STB Docket No. AB±439 (Sub±No. 2X)] Decided: May 8, 1997. Register. Each trail use request must be By the Board, David M. Konschnik, accompanied by a $150 filing fee. See 49 Dallas Area Rapid Transit; Director, Office of Proceedings. CFR 1002.2(f)(27). Abandonment Exemption; in Dallas Vernon A. Williams, All filings in response to this notice and Collin Counties, TX Secretary. must refer to STB Docket No. AB–55 [STB Docket No. AB±12 (Sub-No. 191X)] [FR Doc. 97–12772 Filed 5–14–97; 8:45 am] (Sub-No. 547X) and must be sent to: (1) BILLING CODE 4915±00±P Office of the Secretary, Case Control Southern Pacific Transportation Unit, Surface Transportation Board, CompanyÐDiscontinuance of 1925 K Street, N.W., Washington, DC Trackage Rights ExemptionÐin Dallas DEPARTMENT OF TRANSPORTATION 20423–0001, and (2) Charles M. and Collin Counties, TX Surface Transportation Board Rosenberger, 500 Water Street, Jacksonville, FL 32202. [STB Docket No. AB±39 (Sub-No. 22X)] [STB Docket No. AB±55 (Sub-No. 547X)] Persons seeking further information St. Louis Southwestern Railway CSX Transportation, Inc.; concerning abandonment procedures CompanyÐDiscontinuance of Abandonment Exemption; in may contact the Board’s Office of Public Trackage Rights ExemptionÐin Dallas Muskegon County, MI Services at (202) 565–1592 or refer to and Collin Counties, TX the full abandonment or discontinuance AGENCY: Surface Transportation Board. On April 29, 1997, CSX regulations at 49 CFR part 1152. Transportation, Inc. filed with the Questions concerning environmental ACTION: Notice of exemption. Surface Transportation Board a petition issues may be directed to the Board’s SUMMARY: The Board, pursuant to 49 under 49 U.S.C. 10502 for exemption Section of Environmental Analysis at from the provisions of 49 U.S.C. 10903 U.S.C. 10502, exempts from the prior (202) 565–1545. [TDD for the hearing approval requirements of 49 U.S.C. to abandon a portion of its line of impaired is available at (202) 565–1695.] railroad known as the Montague 10903 the abandonment by Dallas Area Subdivision, extending from railroad An environmental assessment (EA) (or Rapid Transit (DART) of an 18.67-mile milepost 62.12 at Berry to railroad environmental impact statement (EIS), if line of railroad, consisting of 15.45 milepost 72.25 at the end of the track at necessary) prepared by the Section of miles of the White Rock/Plano line and Montague, including a 3.5-mile Environmental Analysis will be served 3.22 miles of a connecting branch line, industrial lead track at Montague, which upon all parties of record and upon any the Soumethun Branch, in Dallas and traverses U.S. Postal Service Zip Codes agencies or other persons who Collin Counties, TX, and the 49445, 49461, and 49437, a distance of commented during its preparation. Any discontinuance by Southern Pacific 13.63 miles, in Muskegon County, MI. other persons who would like to obtain Transportation Company (SPT) and St. The line includes the station of a copy of the EA (or EIS) may contact Louis Southwestern Railway Company (SSW) of local and overhead trackage Montague at milepost 72.00. the Section of Environmental Analysis. rights on the White Rock/Plano line, The line does not contain federally EAs in these abandonment proceedings granted rights-of-way. Any subject to a historic condition and normally will be available within 60 standard labor protective conditions. documentation in the railroad’s days of the filing of the petition. The DATES: possession will be made available deadline for submission of comments on Provided no formal expression of intent to file an offer of financial promptly to those requesting it. The the EA will generally be within 30 days assistance (OFA) has been received, this interest of railroad employees will be of its service. protected by Oregon Short Line R. Co.— exemption will be effective on June 14, Abandonment—Goshen, 360 ICC 91 Decided: May 9, 1997. 1997. Formal expressions of intent to (1979). By the Board, Vernon A. Williams, file an OFA under 49 CFR 1152.27(c)(2) By issuance of this notice, the Board Secretary. must be filed by May 23, 1997, petitions is instituting an exemption proceeding Vernon A. Williams, to stay must be filed by May 30, 1997, pursuant to 49 U.S.C. 10502(b). A final Secretary. requests for a public use condition conforming to 49 CFR 1152.28(a)(2) decision will be issued within 90 days [FR Doc. 97–12771 Filed 5–14–97; 8:45 am] (by August 15, 1997). must be filed by June 4, 1997, and BILLING CODE 4915±00±P Any offer of financial assistance petitions to reopen must be filed by June under 49 CFR 1152.27(b)(2) will be due 9, 1997. no later than 10 days after service of a ADDRESSES: Send pleadings, referring to decision granting the petition for STB Docket Nos. AB–439 (Sub-No. 2X), exemption. Each offer of financial AB–12 (Sub-No. 191X), and AB–39 assistance must be accompanied by the (Sub-No. 22X) to: (1) Surface filing fee, which currently is set at $900. Transportation Board, Office of the See 49 CFR 1002.2(f)(25). Secretary, Case Control Unit, 1925 K All interested persons should be Street, N.W., Washington, DC 20423– aware that following abandonment of 0001; (2) Thomas J. Litwiler, 1020 rail service and salvage of the line, the Nineteenth Street, N.W., Suite 400, line may be suitable for other public Washington, DC 20036; and (3) Gary A. use, including interim trail use. Any Laakso, Southern Pacific Building, One request for a public use condition under Market Plaza, Room 846, San Francisco, 49 CFR 1152.28 and any request for trail CA 94015. 26850 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
FOR FURTHER INFORMATION CONTACT: unite us with other nations by or submitting proposals. Once the RFP Beryl Gordon, (202) 565–1600. [TDD for demonstrating the educational and deadline has passed, Agency staff may the hearing impaired: (202) 565–1695.] cultural interests, developments, and not discuss this competition in any way SUPPLEMENTARY INFORMATION: achievements of the people of the with applicants until the Bureau Additional information is contained in United States and other nations * ** proposal review process has been the Board’s decision. To purchase a and thus to assist in the development of completed. copy of the full decision, write to, call, friendly, sympathetic and peaceful Submissions: Applicants must follow or pick up in person from: DC News & relations between the United States and all instructions given in the Solicitation Data, Inc., 1925 K Street, N.W., Suite the other countries of the world.’’ Package. The original and ten copies of 210, Washington, DC 20006. Telephone: Announcement Title and Number: All the application should be sent to: U.S. (202) 289–4357. [Assistance for the communications with USIA concerning Information Agency, Ref.: E/P–97–43, hearing impaired is available through this announcement should refer to the Office of Grants Management, E/XE, TDD services (202) 565–1695.] above title and reference number E/P– Room 326, 301 Fourth Street, S.W., 97–43. Washington, D.C. 20547. Decided: May 6, 1997. Deadline For Proposals: All copies Applicants must also submit the By the Board, Chairman Morgan and Vice must be received at the U.S. Information ‘‘Executive Summary’’ and ‘‘Proposal Chairman Owen. Agency by 5 p.m. Washington, D.C. time Narrative’’ sections of the proposal on a Vernon A. Williams, on Friday, June 27, 1997. Faxed 3.5’’ diskette, formatted for DOS. This Secretary. documents will not be accepted at any material must be provided in ASCII text [FR Doc. 97–12773 Filed 5–14–97; 8:45 am] time. Documents postmarked by the due (DOS) format with a maximum line BILLING CODE 4915±00±P date but received at a later date will not length of 65 characters. USIA will be accepted. It is the responsibility of transmit these files electronically to each applicant to ensure that proposals USIS posts overseas for their review, UNITED STATES INFORMATION are received by the above deadline. with the goal of reducing the time it AGENCY Contact for Further Information: takes to get posts’ comments for the Interested organizations/institutions Agency’s grants review process. Strengthening Social Services: A U.S.- should contact the Office of Citizen Diversity, Freedom and Democracy Middle East Exchange Program Exchanges, E/PS, Room 216, U.S. Guidelines: Pursuant to the Bureau’s Information Agency, 301 Fourth Street, authorizing legislation, programs must AGENCY: United States Information S.W., Washington, D.C. 20547, to maintain a non-political character and Agency. request a Solicitation Package should be balanced and representative NOTICE: Request for Proposals. containing more detailed award criteria, of the diversity of American political, required application forms, and social, and cultural life. ‘‘Diversity’’ SUMMARY: The Office of Citizen standard guidelines for preparing should be interpreted in the broadest Exchanges of the United States proposals, including specific criteria for sense and encompass differences Information Agency’s Bureau of preparation of the proposal budget. including, but not limited to ethnicity, Educational and Cultural Affairs Please direct inquiries and race, gender, religion, geographic announces an open competition for an correspondence to Dr. Curtis Huff, location, socio-economic status, and assistance award. Public and private telephone (202) 619–5972, fax (202) physical challenges. Applicants are non-profit organizations meeting the 619–4350, e-mail: [email protected]. strongly encouraged to promote this provisions described in IRS regulation Interested applicants should read the principle both in program 26 CFR 1.501(c) may apply to design complete Federal Register administration and in program content. and conduct an international exchange announcement before sending inquiries Please refer to the ‘Support for program entitled ‘‘Strengthening Social or submitting proposals. Once the RFP Diversity’ criterion under Review Services: A U.S.-Middle East Exchange deadline has passed, Agency staff may Criteria for suggestions on incorporating Program,’’ for which activities will not discuss this competition in any way diversity into the total proposal. commence in 1997. The proposed with applicants until the Bureau PUBLIC LAW 104–319 provides that ‘‘in program should involve participants proposal review process has been carrying out programs of educational from Israel, Gaza, West Bank, Jordan, completed. and cultural exchange in countries Oman, and Bahrain who have interest, To Download a Solicitation Package whose people do not fully enjoy expertise, and/or policy authority via Internet: The entire Solicitation freedom and democracy,’’ USIA ‘‘shall dealing with persons with disabilities, Package may be downloaded from take appropriate steps to provide and it should emphasize strengthening USIA’s website at http://www.usia.gov/ opportunities for participation in such civil society through the improvement education/rfps. Please read all programs to human rights and of services for the disabled and the information before downloading. democracy leaders of such countries.’’ linking of professionals dealing with the To Receive a Solicitation Package via Proposals should also reflect disabled between and among all the Fax on Demand: The entire Solicitation advancement of this goal in their participating countries. Package may be received from the program contents, to the fullest extent Overall grant making authority for Bureau’s ‘‘Grants Information Fax on deemed feasible. this program is contained in the Mutual Demand System,’’ which is accessed by Programmatic Considerations: The Educational and Cultural Exchange Act calling 202–401–7616. The ‘‘Table of objectives of the anticipated program of 1961, Public Law 87–256, as Contents’’ listing available documents should include the following: amended, also known as the Fulbright- and order numbers should be your first —Strengthen local NGOs and other Hays Act. The purpose of the Act is ‘‘to order when entering the system. institutions which provide services to enable the Government of the United Please specify Dr. Curtis Huff on all the disabled and work to integrate States to increase mutual understanding inquiries and correspondence. disabled into the broader country between the people of the United States Interested applicants should read the workforce; and the people of other countries complete Federal Register —Enhance the education and career *** ; to strengthen the ties which announcement before sending inquiries development of Middle Eastern local Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26851
staff, including relevant government working with host institutions and both the administrative budget and the and NGO professionals, working with individuals to achieve maximum program budget. For better the disabled; program effectiveness. understanding or further clarification, —Promote international, regional, and To prepare the Middle Eastern applicants may provide separate sub- national discussion and cooperation participants prior to their arrival in the budgets for each program component, on policies and programs to address United States, the grantee organization phase, location, or activity in order to needs of the disabled; should develop materials to be sent to facilitate USIA decisions on funding. —Introduce Middle Eastern disability USIS offices overseas for distribution to Unless the grantee will have an audit service leaders to counterpart the travellers before departure. These conducted for other purposes that will organizations and leaders in the materials should include a tentative include this grant, the applicant’s United States and elsewhere in the project outline and information on proposal shall include the cost of an Mideast, offering opportunities for the American individuals and organizations audit which: (1) complies with the Middle Eastern leaders to learn from involved in the program. requirements of OMB Circular No. A– their U.S. counterparts and each other At the beginning of the U.S.-based 133, ‘‘Audits of Institutions of Higher through job shadowing, short-term program, the grantee should conduct an Education and Other Nonprofit internships, workshops, and other orientation session for the visiting Institutions’’; (2) complies with the activities; and participants which addresses requirements of American Institute of —Provide opportunities for U.S. experts administrative details of the program Certified Public Accountants (AICPA) to observe the work of Middle Eastern and provides information about Statement of Position (SOP) No. 92–9; counterparts and consult with them American society and culture which and (3) includes review by the on mutual interests. will facilitate the participants’ recipient’s independent auditor of a understanding of and adjustment to recipient-prepared supplemental The program should involve two or daily life in the United States. schedule of indirect cost rate more phases, one of which would bring At the conclusion of the U.S.-based computation, if such a rate is being Mideast participants to the United program, USIS recommends that the proposed. States for a few weeks of workshops, group meet in a symposium to review The audit costs shall be identified site visits, internships, or other what has been presented to and separately for: (1) preparation of basic activities in pursuit of program experienced by the participants and to financial statements and other objectives. The other phase would send consider how what has been learned can accounting services; and (2) preparation U.S. experts to the participating Mideast most effectively be applied upon the of the supplemental reports and countries for appropriate follow-on participants’ return to their home schedules required by OMB Circular No. activities. Participants would likely countries. This symposium should also A–133, AICPA SOP 92–9, and the include leaders of disability NGOs, be used to begin discussion of possible review of the supplemental schedule of appropriate government professionals, collaboration among the countries indirect cost rate computation. If an university faculty with relevant represented in the program. audit conducted for other purposes expertise, rehabilitation professionals, Programs must comply with J–1 visa obviates the above, it should be noted in and people with disabilities. Selection regulations. USIS officers in the budget submission of the proposal. of the Mideast participants who would participating countries will facilitate the USIA will consider funding the come to the United States and timing of issuance of visas and other program- following project costs: activities must be made in consultation related material. (1) International and domestic travel; with USIS posts in the participating Funding: Competition for USIA visas; transit costs (e.g., airport taxes); countries. funding is keen. The final selection of ground transportation. In order to be competitive, the a grantee institution will depend on (2) Per diem: For the U.S. program, submitted proposal must demonstrate assessment of proposals according to the organizations have the option of using a how the stipulated objectives will be review criteria delineated below. The flat rate of $140/day for international addressed and should also provide amount requested from USIA for this participants or the published Federal detailed information on how major exchange program should not exceed Travel Regulations per diem rates for program activities will be undertaken. $120,000. Grants awarded to eligible individual American cities. NOTE: U.S. Beyond the immediate objectives of this organizations with less than four years escorting staff must use the published exchange, USIA is interested in of experience in conducting Federal per diem rates, not the flat rate. encouraging exchange projects which international exchange programs will be For activities in the Middle East, the lay the groundwork for new and limited to $60,000. In addition, the Standard Federal Travel Regulations per continuing, mutually beneficial links overall budget should include cost diem rates must be used. between American and Middle Eastern sharing which amounts to at least 33 (3) Escort-Interpreters: Interpretation institutions and professional percent of the total program cost. for U.S.-based programs is provided by organizations and which will encourage Agency review of the proposed budget the State Department’s Language the further growth and development of will benefit from the applicant’s Services Division. USIA grants do not democratic institutions. professional judgment of costs or pay for foreign interpreters to The grantee organization will be activities in the proposal. USIA is accompany delegations during travel to responsible for most arrangements committed to containment of or from their home country. Grant associated with this program. These administrative expenses, consistent proposal budgets should contain a flat include organizing a coherent with overall program objectives and $140/day per diem rate for each State progression of activities, providing sound management principles. Department interpreter, as well as international and domestic travel Additional budget guidelines are home-program-home air transportation arrangements for all participants, explained in the Solicitation Package. cost of $400 per interpreter and any U.S. making lodging and local transportation Applicants must submit a travel expenses during the program arrangements for visitors, orienting and comprehensive budget for the entire itself. Salary expenses are covered debriefing participants, preparing any program. There must be a summary centrally and are not part of the necessary support materials, and budget as well as a breakdown reflecting applicant’s budget proposal. The cost 26852 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices for phases of the program to be will be reduced in proportion to the 3. Institutional Capacity conducted abroad, during which Recipient’s contribution. Proposals should show that the interpreters are required to facilitate Please Note: During project activities, all American participants, is to be covered personnel and institutional resources to participants will be covered under the terms be involved in the program include the from the grant. The grant applicant is of the USIA-sponsored health insurance encouraged to confirm with the policy, the premium for which is paid by thematic and logistical expertise appropriate USIS posts the local costs USIA directly to the insurance company. relevant and adequate to achieve the for interpreters. USIA will provide instructions to the grant program or project’s purposes. recipient for enrolling participants in this (4) Book and cultural allowances: 4. Institution’s Record/Ability Participants may receive a one-time insurance program. cultural allowance of $150 per person, Review Process Proposals should demonstrate an institutional record of successful plus a book allowance of $50. Escorts USIA will acknowledge receipt of all exchange programs, including are reimbursed for actual cultural proposals and will review them for responsible fiscal management and full expenses up to $150. These benefits are technical eligibility. Proposals will be compliance with all reporting not available to U.S. staff. deemed ineligible if they do not fully requirements for past Agency grants as (5) Consultants may be used to adhere to the guidelines stated herein determined by USIA’s Office of provide specialized expertise or to make and in the Solicitation Package. Eligible Contracts. The Agency will consider the presentations. Honoraria ordinarily proposals will be forwarded to panels of past performance of prior recipients and should not exceed $275 per day. USIA officers for advisory review. All the demonstrated potential of new Subcontracting organizations may also eligible proposals will be reviewed by be used, in which case the written the program office, the USIA Office of applicants. contract(s) must be included in the Near Eastern, North African, and South 5. Cross-Cultural Sensitivity proposal. Asian Affairs, and USIA/USIS posts (6) Room rental: Ordinarily, such cost overseas. Proposals may also be Proposals should show experience should not exceed $250 per day. reviewed by the Office of the General and insight in managing cross-cultural (7) Materials development: Proposals Counsel or by other Agency elements. professional programs. may contain costs to purchase, develop, Funding decisions are at the discretion and translate relevant materials for 6. Multiplier Effect/Impact of the USIA Associate Director for participants. Educational and Cultural Affairs. Final Proposed programs should strengthen (8) One working meal per project: Per technical authority for assistance mutual understanding between the capita cost may not exceed $5–8 per awards (grants or cooperative United States and other participating lunch and $14–20 per dinner, excluding agreements) resides with the USIA countries, should contribute to room rental. The number of invited grants officer. The awarding of any grant maximum sharing of information, and guests may not exceed the number of is subject to availability of funds. should promote the establishment of project participants by a factor of more The U.S. Government reserves the long-term institutional and individual than two to one. right to reject any or all applications linkages. (9) Return travel allowance of $70 for received. USIA will not pay for design each participant which is intended for 7. Support of Diversity and development costs associated with incidental and emergency expenditures submitting a proposal. Applications are Proposals should demonstrate support incurred during international travel. submitted at the risk of the applicant; (10) Other costs necessary for the of the Bureau’s policy on diversity. should circumstances prevent the effective administration of the program, Achievable and relevant features should awarding of a grant, all preparation and including salaries for grant organization be cited in both program administration submission costs are borne by the employees while working on the (selection of participants, program applicant. USIA will not fund activities project, benefits, and other direct and venue and program evaluation) and conducted prior to the actual grant indirect costs per detailed instructions program content (orientation and wrap- award. in the Solicitation Package. up sessions, program meetings, resource Please refer to the Solicitation Review Criteria materials and follow-up activities). Package for complete budget guidelines Technically eligible applications will 8. Follow-on Activities and formatting instructions. be competitively reviewed according to Proposals should propose realistic The Office of Citizen Exchanges the criteria stated below. These criteria and valuable follow-on activities requests cost sharing, which may be in are not rank ordered. the form of allowable direct or indirect (without USIA support) which ensures costs. The Grant Recipient must 1. Quality of the Program Concept that the USIA-supported project is not maintain written records to support all Proposals should exhibit originality, an isolated effort. allowable costs which are claimed as substance, rigor, and relevance to 9. Project Evaluation being its contribution, as well as costs Agency mission. They should to be paid by the USIA grant. Such demonstrate the matching of U.S. Proposals should include a plan to records are subject to audit. The basis resources to a clearly defined need. evaluate the activity’s success, both as for determining the value of cash and the activities unfold and at the end of in-kind contributions must be in 2. Program Planning the program. A draft survey accordance with OMB Circular A–110, Detailed agenda and relevant work questionnaire or other technique plus Attachment E, ‘‘Cost-Sharing and plan should demonstrate the applicant’s description of a methodology to use to Matching,’’ and should be described in ability to plan, organize, conduct, and link outcomes to original project the proposal. In the event the Recipient evaluate a complex undertaking which objectives is recommended. Successful does not meet the minimum amount of involves international travel and applicants will be expected to submit cost-sharing as stipulated in the collaboration among institutions and intermediate reports after each project Recipient’s budget and the grant individuals to accomplish programs component is concluded or quarterly, agreement, the Agency’s contribution goals and objectives. whichever is less frequent. Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26853
10. Cost-effectiveness 33 percent cost sharing is required in availability of funds. Awards made will this program. be subject to periodic reporting and The overhead and administrative evaluation requirements. components of the proposed budget, Notice including salaries and honoraria, should The terms and conditions published Notification be kept as low as possible consistent in this RFP are binding and may not be Final awards cannot be made until with high quality management. All modified by any USIA representative. funds have been appropriated by other items should be necessary and Explanatory information provided by Congress, allocated and committed appropriate. the Agency that contradicts published through internal USIA procedures. language will not be binding. Issuance 11. Cost-sharing of the RFP does not constitute an award Dated: May 9, 1997. commitment on the part of the John P. Loiello, Proposals should maximize cost- Government. The Agency reserves the Associate Director for Educational and sharing through other private sector right to reduce, revise, or increase Cultural Affairs. support as well as institutional direct proposal budgets in accordance with the [FR Doc. 97–12734 Filed 5–14–97; 8:45 am] funding contributions. A minimum of needs of the program and the BILLING CODE 8230±01±M 26854
Corrections Federal Register Vol. 62, No. 94
Thursday, May 15, 1997
This section of the FEDERAL REGISTER DEPARTMENT OF COMMERCE ENVIRONMENTAL PROTECTION contains editorial corrections of previously AGENCY published Presidential, Rule, Proposed Rule, National Oceanic and Atmospheric and Notice documents. These corrections are Administration 40 CFR Part 52 prepared by the Office of the Federal Register. Agency prepared corrections are 50 CFR Part 679 [Region II Docket No. NJ26±2±165, FRL± issued as signed documents and appear in 5813±9] the appropriate document categories elsewhere in the issue. [Docket No. 961107312-7021-02; I.D. Approval and Promulgation of 042897A] Implementation Plans; New Jersey; Consumer and Commercial Products Fisheries of the Exclusive Economic Rule Zone Off Alaska; Pacific Cod by Catcher Vessels Using Trawl Gear in Correction the Bering Sea and Aleutian Islands In rule document 97–11488, beginning on page 24035, in the issue of Correction Friday, May 2, 1997, make the following PART 679 [CORRECTED] correction: In rule document 97–11472 beginning § 52.1605 [Corrected] on page 24058 in the issue of Friday, On page 24036, in § 52.1605, in the May 2, 1997, the CFR part number is table, in the third column, ‘‘66 FR’’ corrected to read as set forth above. should read ‘‘62 FR’’. BILLING CODE 1505-01-D BILLING CODE 1505-01-D federal register May 15,1997 Thursday Neglect DemonstrationProjects;Notice Applications toSupportChildAbuseand Financial AssistanceandRequestfor Announcement oftheAvailability Administration forChildrenandFamilies Services Health andHuman Department of Part II 26855 26856 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
DEPARTMENT OF HEALTH AND number is 1–800–351–2293. This national programs for children and HUMAN SERVICES information will be used to determine youth, works with States and local the number of expert reviewers needed communities to develop services which Administration for Children and and to update the mailing list of persons support and strengthen family life, seeks Families to whom future program out joint ventures with the private [Program Announcement No. NCCAN/CB announcements will be sent. sector to enhance the lives of children 97±04] SUPPLEMENTARY INFORMATION: This and their families, and provides program announcement consists of three information and other assistance to Announcement of the Availability of parts. Part I provides information on the parents, public and private agencies, Financial Assistance and Request for National Center on Child Abuse and States and local communities, and other Applications to Support Child Abuse Neglect and general information on the entities. and Neglect Demonstration Projects application procedures. Part II describes The concerns of ACYF extend to all the review process, additional children from birth through AGENCY: Administration on Children, requirements for the grant applications, adolescence. Many of the programs Youth and Families ACF, DHHS. the criteria for the review and administered by the agency focus on ACTION: Announcement of the evaluation of applications, and the children from low-income families; availability of financial assistance and programmatic priorities for which children and youth in need of foster request for applications to support child applications are being solicited. Part III care, adoption, or other child welfare abuse and neglect demonstration provides information and instructions services; preschool children; children projects as authorized by the Child for the development and submission of with disabilities; abused and neglected Abuse Prevention and Treatment Act, as applications. children; runaway and homeless youth; amended by Pub. L. 104–235 (1996). The forms to be used for submitting and children from Native American and an application are included in migrant families. SUMMARY: The National Center on Child The National Center on Child Abuse Abuse and Neglect/Children’s Bureau Appendix A. Please copy as single-sided forms and use in submitting an and Neglect (NCCAN) located announces the availability of Fiscal Year organizationally within ACYF was 1997 funding for demonstration projects application under this announcement. No additional application forms are established in 1974 to carry out the designed to prevent, assess, identify, functions of the Child Abuse Prevention and treat child abuse and neglect. needed to submit an application. Applicants should note that grants to and Treatment Act (CAPTA). Note: The National Center on Child Abuse be awarded under this program NCCAN provides Federal leadership and Neglect (NCCAN) was established in announcement are subject to the and conducts activities designed to 1974 to carry out the functions of the Child availability of funds. assist and enhance national, State and Abuse Prevention and Treatment Act community efforts to prevent, assess, (CAPTA). Pursuant to Pub. L. 104–235, the Outline of Announcement investigate and treat child abuse and Child Abuse Prevention and Treatment Act neglect. These activities include: Amendments of 1996, the Office on Child Part I: General Information Abuse and Neglect (OCAN) will, in the near A. Background Supporting knowledge-building future, be established by the Secretary for the B. Statutory Authority Covered Under This research projects and service purpose of coordinating the functions and Announcement improvement demonstration programs; activities of CAPTA, replacing NCCAN. Part II: The Review Process and Priority awarding grants to eligible States for Areas This announcement contains forms developing child protection systems A. Eligible Applicants that are comprehensive, child-centered, and instructions for submitting an B. Review Process and Funding Decisions application. C. Evaluation Criteria family-focused, and community-based; promoting coordinated planning among DATES: D. Structure of Priority Area Descriptions The closing time and date for the all levels of government; developing receipt of applications under this E. Available Funds F. Priority Area Descriptions and national policies that prevent child announcement is 4:30 p.m. (Eastern Requirements abuse and neglect, protect children, and Time) [July 14, 1997.] Applications Part III: Information and Instructions for the preserve families; providing training received after 4:30 p.m. will be Development and Submission of and technical resources necessary to classified as late. Applications develop and implement a successful A. Paperwork Reduction Act of 1995 FOR FURTHER INFORMATION CONTACT: The and comprehensive child and family ACYF Operations Center Technical B. Availability of Forms C. Required Notification of the State Single protection strategy through a National Assistance Team at 1–800–351–2293 is Point of Contact Resource Center on Child Maltreatment; available to answer questions regarding D. Deadline for Submission of Applications supporting mutual support/and parent application requirements and to refer E. Instructions for Preparing the self-help programs; gathering, you to the appropriate contact person in Application and Completing Application processing and housing high quality NCCAN for programmatic questions. Forms data sets through a National Data 1. SF424, page 1, Application Cover Sheet INTENT TO APPLY: If you are going to Archive on Child Abuse and Neglect; submit an application, call in the 2. SF424A, Budget Information-Non- Construction Programs and gathering, storing and following information within two weeks 3. Project Summary Description disseminating child maltreatment of the receipt of this announcement: The 4. Program Narrative Statement information through a National name, address, and telephone number of 5. Organizational Capability Statement Clearinghouse on Child Abuse and the contact person; the name of the 6. Assurances/Certifications Neglect Information. organization; and the priority area(s) in F. Checklist for a Complete Application which you may submit an application or G. The Application Package B. Statutory Authority Covered Under This Announcement send a postcard with the information to: Part I. General Information Administration on Children, Youth and NCCAN solicits applications under Families, Operations Center, 3030 A. Background the authority of the Child Abuse Clarendon Boulevard, Suite 240, The Administration on Children, Prevention and Treatment Act (CAPTA), Arlington, VA 22201. The telephone Youth and Families (ACYF) administers as amended in 1996 (42 U.S.C. 5101 et Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26857 seq.). Through the amendments of 1996, applications withdrawn from further scores to each application. The point CAPTA is now reauthorized through consideration. value following each criterion heading September 30, 2001 (Pub. L. 104–235). Timely applications from eligible is the maximum score for that criterion. Funds were appropriated under the applicants will be reviewed and scored All demonstration project 1997 Appropriations Act (Pub. L. 104– competitively. Experts in the field, applications will be evaluated against 208) through September 1997 (CFDA: generally persons outside the Federal the following criteria: 93.670). government, will use the evaluation (a). Objectives and Need for criteria listed later in this section to Assistance (20 points). The application Part II. The Review Process and review and score the applications. The states the objectives of the project; Priority Areas result of this review is a primary factor pinpoints the problem or issue requiring A. Eligible Applicants in funding decisions. a solution and demonstrates the need NCCAN and ACYF reserve the option for assistance; provides supporting Each priority area description to discuss applications with, or refer documentation or other testimonies contains information about the types of them to other Federal or non-Federal from concerned interests other than the agencies and organizations eligible to funding sources when this is in the best applicant; identifies other successful apply. Because eligibility varies interest of the Federal government or research or demonstration projects that depending on statutory provisions, it is the applicants. ACYF may also solicit may have implications for the proposed critical that the ‘‘Eligible Applicants’’ comments from ACF Regional Office demonstration (which may include a section of each priority area be read staff, other Federal agencies, interested review of the relevant literature); carefully. foundations, national organizations, identifies the conceptual or theoretical Before review, each application will specialists, experts, States and the framework for this model; and describes be screened for eligibility. Applications general public. These comments, along whether the proposed project replicates from ineligible organizations will not be with those of the expert reviewers, will or modifies previously evaluated reviewed in the competition, and the be considered by ACYF in making model(s) addressing the identified applicants will be so informed. funding decisions. problem or issue. The application must Only agencies and organizations, not In making award decisions, ACYF identify the location of the project and individuals, are eligible to apply under may give preference to applications that area and population to be served. this Announcement. All applications focus on: Substantially innovative (b). Approach (35 points). The developed jointly by more than one strategies with the potential to improve application outlines a sound and agency organization must identify a theory or practice in child welfare and workable plan of action and time-line; single lead organization as official child protective services; a model details how the proposed work will be applicant. Participating agencies and practice or set of procedures that holds accomplished; describes the approach organizations can be included as co- the potential for replication by in detail; points out its unique features; participants, sub-grantees, or organizations that administer or deliver cites factors that might accelerate or subcontractors. For-profit organizations child welfare and/or child protective delay this approach, giving acceptable are eligible to participate as sub-grantees services; substantial involvement of reasons for taking this approach as or subcontractors with eligible non- volunteers, where appropriate; opposed to others; describes and profit organizations under all priority substantial involvement (either financial supports any unusual features of the areas. or programmatic) of the private sector; project, such as extraordinary social and Any non-profit organization a favorable balance between Federal and community involvement; includes an submitting an application must submit non-Federal funds available for the adequate staffing plan that lists key and proof of its non-profit status in its proposed project; the potential for high support staff, consultants, any agency, application at the time of submission. benefit from low Federal investment; organization, other key group, and/or The non-profit agency can accomplish and/or substantial involvement by advisory panels involved or proposed; this by providing a copy of the national or community foundations. and, describes the responsibilities, applicant’s listing in the Internal To the greatest extent possible, activities, and/or training plans for each Revenue Service’s (IRS) most recent list funding decisions will reflect an (if applicable). of tax-exempt organizations described in equitable distribution of assistance (The application proposes reasonable section 501(c)(3) of the IRS code or by among the States and geographical project costs and allocates sufficient providing a copy of the currently valid regions of the country, rural and urban funds appropriately across activities to IRS tax exemption certificate, or by areas, and ethnic populations. In accomplish the objectives. The providing a copy of the articles of making these decisions, ACYF may also application describes the fiscal control incorporation bearing the seal of the take into account the need to avoid and accounting procedures that will be State in which the corporation or unnecessary duplication of effort. used to ensure prudent use and accurate association is domiciled. accounting of funds received under this C. Evaluation Criteria program announcement. B. Review Process and Funding A panel of at least three reviewers The application, when appropriate, Decisions (primarily experts from outside the identifies the kinds of data to be Before applications are reviewed, Federal government) will review the collected and maintained for evaluation each application is screened to applications. To facilitate this review, purposes and discusses the criteria to be determine whether the applicant applicants should address each used to evaluate the results of the organization is eligible. Applications requirement in the priority area under project. The application describes the from ineligible organizations will not be the appropriate section of the Program evaluation methodology that will be reviewed in the competition, and the Narrative Statement. used to determine if the needs identified applicants will be so informed. The reviewers will determine the were addressed, if the approach Applicants that omit essential strengths and weaknesses of each proposed was followed and if the components of the application or fail to application using the evaluation criteria benefits expected were achieved. comply with the format specifications listed below and provide verbal and (c). Results or Benefits Expected (20 described in Part III will have their written comments and assign numerical points). The application identifies the 26858 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices results and benefits to be derived, the Federal Share of Project Cost: This The Child Abuse Prevention and extent to which they are consistent with section specifies the maximum amount Treatment Neglect Act Amendments of the objectives, their contributions to of Federal support for the project for the 1996 gives the Secretary the discretion policy and practice, and the extent to first budget year. to award grants for several new and which the proposed project costs are Matching Requirement: This section innovative demonstration projects. The reasonable in view of the expected specifies the minimum non-Federal priority areas included in this results. contribution, either cash or in-kind announcement are selected from a range (d). Staff Background and match, required in relation to the of projects which were suggested in the Organization Experience (25 points). maximum Federal funds requested for legislation. The application identifies the the project. 1.01. National Network of Mutual educational and professional Anticipated Number of Projects To Be Support/Self-Help Programs in background of the project director and Funded: This section specifies the Partnership with Communities key project staff and the experience of number of projects ACYF anticipates 1.02. Innovation in Responding to the organization to demonstrate the funding under the priority area. Reports of Child Abuse and Neglect applicant’s ability to administer and Non-responsiveness to the section 1.03. Innovation Approaches to Kinship implement the project effectively and ‘‘Minimum Requirements for the Project (Relative) Care of Children in the efficiently. The role of the author(s) of Design’’ is likely to result in a low Child Welfare System this proposal in relation to the work evaluation score by the reviewers. 1.04. School-Based Child Maltreatment plan and administrative structure Experience has shown that an Prevention, Identification and should be explicitly identified. The application which is broader and more Treatment Services application describes the project and general in concept than the priority area Applicants are strongly encouraged to other Federally assisted work planned, description invariably scores lower than build new projects on the results and anticipated or underway by the one more clearly focused on, and findings of previously funded NCCAN applicant. If the project proposed is a directly responsive to, the specific grants. Information on prior research collaboration, the application must priority area. and demonstration projects supported describe the nature and extent of the E. Available Funds by NCCAN and other references made in collaboration including the this announcement are available from responsibilities of the respective The ACYF intends to award new the Clearinghouse on Child Abuse and agencies in carrying out the activities grants resulting from this announcement Neglect Information, PO Box 1182, identified in the work-plan. during the fourth quarter of Fiscal Year Washington, DC 20013, (1–800–FYI– 1997, subject to the availability of funds. D. Structure of Priority Area 3366). The Clearinghouse can provide The size of the actual awards will vary Descriptions information on the other Federal from priority area to priority area. Clearinghouse and Resource Centers Each priority area description is Each priority area description having special information and composed of the following sections: specifies that maximum Federal share of resources. Eligible Applicants: This section the project costs and the anticipated specifies the type of organization number of projects to be funded. 1.01. National Network of Mutual eligible to apply under the particular ‘‘Budget period’’ is the interval of Support/Self-Help Programs in priority area. Specific restrictions are time (usually 12 months) into which a Partnership With Communities noted where applicable. multi-year period of assistance (project Eligible Applicants: Private non-profit Purpose: This section presents focus period) is divided for budgetary and organizations with the capacity to and/or broad goal(s) of the priority area. funding purposes. ‘‘Project period’’ is establish and/or maintain a national Background Information This section the total time a project is approved for network of Mutual Support and Self- briefly discusses the legislative support, including any extensions. Help Programs as a means of background and the current state-of-the- Where appropriate, applicants may strengthening families are eligible to art and/or current state-of-practice propose project periods which are apply under this priority area. supporting the need for the particular shorter than the specified maximums. Purpose: The primary purpose of this priority area activity. Relevant Non-Federal share contributions may priority area is to build a national information of projects previously exceed the minimums specified when network of mutual support and self-help funded by ACYF and/or others and the applicant is able to do so. However, programs for families that work in close State models are noted. applicants should only propose a non- cooperation with State and community- Minimum Requirements for Project Federal share they can realistically based child abuse prevention and Design: This section presents the provide because ACF will disallow any treatment programs. The network will minimum requirements which must be unmatched Federal funds. function on two levels. The first level addressed in response to the evaluation For multi-year projects, continued should focus on growth and capacity- criteria. For demonstration projects, Federal funding beyond the first budget building for mutual support and self- these requirements relate to objectives period depends upon satisfactory help programs for families that are or and need for assistance, approach, performance by the grantee, availability will become part of a national network, results or benefits expected, staff of funds from future appropriations, and i.e., the network should promote the background and organizational a determination that continued funding establishment of new mutual support experience. Reviewers will expect the is in the best interest of the Government. and self-help programs in communities details under these headings to where they do not now exist, increase correspond to the evaluation criteria. F. Priority Area Descriptions and the capacity and scope of existing Project Duration: This section Requirements programs, provide training for program specifies the maximum allowable This announcement deals with only leaders, and engage in public awareness project period; it refers to the amount of demonstration projects. A separate activities. The second level time for which Federal funding is announcement will be forthcoming on encompasses the network’s relationship available. research priorities. to the community-at-large, i.e., the Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26859 network should assure that its programs • Increasing the participation of actively to the Community-Based coordinate closely with activities under members of racial and ethnic minorities Family Resource and Support Programs the new Community-Based Family in parent self-help groups; around the nation, so that the informal Resource and Support Grants authorized • Enhancing public awareness and helping methods or self-help programs in Title II of the Child Abuse Prevention outreach programs to at-risk families to and the formal interventions of the and Treatment Act, as amended by Pub. encourage self-referral; institutionalized social service delivery L. 104–235. Title II grants will support • Enhancing the capacity for local system can support and enhance each State efforts to develop, operate, expand chapters and State organizations to other for the benefit of children and and enhance a network of community- communicate with each other and their families. based, prevention-focused, family participate in national leadership Minimum Requirements for Project resource and support programs that development and agenda-setting; • Design: As part of addressing the coordinate resources among all the Supporting the preparation and evaluation criteria outlined in Part II of agencies that currently deal with dissemination of written materials for this announcement, each applicant must children and families, e.g., education, chapter leadership and development. address the following items in the Background Information: Section 105 vocational rehabilitation, disability, program narrative section of the (a)(2) of the Child Abuse Prevention and respite care, health, mental health, job proposal. readiness, self-sufficiency, child and Treatment Act, as amended by Pub. L. family development, community action, 104–235 (1996), authorizes the Secretary Objectives and Need for Assistance Head Start, child care, child abuse and to award grants to establish or maintain • State the objectives of the project in neglect prevention, juvenile justice, a national network of mutual support specific, measurable terms. and self-help programs as a means of domestic violence prevention and • Pinpoint the problem or issue that strengthening families in partnership intervention, housing, and other human needs to be addressed and establish the service organizations within the State. with their communities. The NCCAN has long been committed need for assistance; provide supporting Title II grants are also to be used to documentation or other testimonies enhance an understanding of diverse to supporting the efforts of parent-led groups that use self-help techniques to from concerned interests other than the populations in order to be effective in applicant. Specifically provide evidence preventing and treating child abuse and treat parents who abuse and neglect their children. These groups also serve of the ability to establish a national neglect. network linked with Community-Based Parent self-help groups, with their as a prevention program for troubled parents who believe that without this Family Resource and Support Program, emphasis on and expertise in shared using documentation such as statements leadership between parents and assistance they might potentially harm their children. Since 1975, NCCAN has that local chapters and other private, professionals, are natural partners with non-profit agencies and organizations State and community-based programs expended some 2.4 million dollars to support parent self-help groups. will participate in the proposed such as those authorized under Title II. demonstration activities. The national network established under There is some evidence that self-help • Demonstrate an awareness of this priority area should demonstrate groups foster community ownership, current initiatives in the field and how the feasibility of developing close self-reliance and relief from isolation for the approach being proposed would linkages with these programs, at the parents under stress, as well as cost- savings. In a 1988 review of the build on this work. same time it goes about its work of • strengthening the self-help movement in literature published in Contemporary Identify the conceptual or the prevention and treatment of child Family Therapy: An International theoretical framework used as the basis abuse and neglect. Journal (Volume 10, Number 4, Winter, for the proposed model; provide a The following are examples of various 1988, pages 145–167), Gary Cameron review of relevant literature and include components of the potential notes that, given the social isolation of information about similar successful demonstration activities under this many child welfare clients, informal demonstration projects that may have priority area: peer support networks created implications for the proposed • Strengthening the relationships specifically for these groups may prove demonstration project. between family self-help programs and to be more accessible than those • Describe whether the proposed public and private agencies that serve available within the community-at- project replicates or modifies a maltreated children under Title II. This large. He further states that self-help previously evaluated model. would entail increasing the groups usually provide their members • Identify the precise location of the participation of families involved in with a range of benefits often not projects, communities, and populations self-help programs in the Community- available in a traditional professional- to be served by the proposed project. Based Family Resource and Support client setting, and these benefits can be Approach Program established under Title II of seen as complementary to those • Pub. L. 104–235 in order to encourage provided by the mainstream service Describe the approach in detail and consistent use of parent-self-help as part delivery system. These groups point out its unique features including of a coordinated prevention and/or incorporate the ‘‘helper-as-helped’’ sensitivity to cultural, sociological, intervention strategy. model, i.e., those who give the help are psychological, and ethnic dynamics • Increasing the participation of also helped. Providing help increases which have affected the choice of fathers and other relatives in self-help the helper’s self-esteem, communication approach. groups by promoting and providing skills, and sense of connectedness to • Describe a sound and workable plan access to improved recruitment and others, all of which can mitigate child of action and time-line which match the training techniques; maltreatment. scope of the project and explain how the • Promoting increased sensitivity in Given this, CAPTA suggests that the proposed work will be accomplished. parent self-help groups to issues of next step is to encourage the • Cite factors which might accelerate cultural diversity as they affect child- development of a national network of or delay this approach, giving rearing practices and questions of abuse mutual support/self-help programs, and acceptable reasons for taking this and neglect; further, for this network to reach out approach as opposed to others. 26860 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
• Include an adequate staffing plan, Federal Share of Project Cost: The community agencies to allow for the listing key and support staff, maximum Federal share of this project establishment of a triage system.’’ Triage consultants, any agency, organization, is not to exceed $300,00 for the first 12- in this context means a differential, other key group, and/or advisory panels month budget period and $200,000 each multi-tiered approach to handling involved or proposed; describe the for the second and third budget periods referrals of child abuse and neglect, responsibilities, activities, and/or or a maximum of $700,000 for a period based on the assessed degree of severity training plans for each (if applicable). If of three years. of the referral, the assessed needs of the the proposed project is a collaboration, Matching Requirement: Grantees must family and the assessed risk of future the application must describe the nature provide a non-Federal share or match of harm. ‘‘The triage system should: (i) and extent of the collaboration and the at least 25% of the total approved cost Accept, screen, and assess reports to responsibilities of the respective of the project. The total approved cost determine which reports require agencies in carrying out the activities of the project is the sum of the Federal intensive intervention and which identified in the work-plan. share and the non-Federal share. The require voluntary referral to another • Propose an evaluation plan. Discuss non-Federal share may be met by cash agency, program, or project; (ii) provide, the methods and criteria to be used to or in-kind contributions, although directly or through referral, a variety of evaluate the results and benefits of the applicants are encouraged to meet their community-linked services to assist project in terms of the stated objectives match requirements through cash families in preventing child abuse and of the project. Identify the kinds of data contributions. Therefore, a three year neglect; and (iii) provide further to be collected and maintained for this project requesting $700,000 in Federal investigation and intensive intervention purpose. An external evaluator may be funds (based on an award of $300,000 where the child’s safety is in jeopardy.’’ hired or an internal evaluation may be for the first year and $200,000 each for Applicants may either propose new designed. It is recommended that not the second and third years) must approaches or replicate previously less than 15% of the proposed budget be include a match of at least $233,333 evaluated and promising models. set aside for evaluation efforts. over three years or $100,000 for year one Applicants are strongly encouraged to and $66,667 for each of the remaining address in their proposal multiple Results or Benefits Expected two years. Applicants are expected to problem areas affecting children and • Identify the results and benefits to bring in additional resources into the families, which require creative, be derived by clients, communities, and project during the second and third interdisciplinary responses. All agencies as a result of the years in partnership with community responses should build on the strengths implementation and evaluation of this based organizations. of families and provide community- project. Discuss how project findings are Anticipated Number of Projects to be based solutions to protecting children likely to improve practice and inform Funded: It is anticipated that one project through partnerships with community- policy. will be funded. based agencies. This priority area CFDA Number: 93.670. • Justify proposed project costs in embraces change in the way traditional view of the expected results and 1.02 Innovation in Responding to systems of child protection operate, and benefits. Reports of Child Abuse and Neglect proposals should reflect how the innovative system will ensure the safety • Describe strategies for Eligible Applicants: Public and of children and not let them ‘‘fall disseminating findings to other private nonprofit agencies or a through the cracks.’’ The models should practitioners in the field. combination of such agencies, with only explain how legislative or policy-based Staff Background and Organizational one being the primary applicant. The issues have an impact on intake and Experience State and County Child Protective assessment (e.g., the central registry and Service agencies are encouraged to expungement) and how they will be • Identify the educational and apply under this priority area in addressed. A strong evaluation professional background of the project collaborative partnerships with component is required. Data on the director and key project staff. community social service agencies and • costs and potential cost-benefits of Describe the organization’s ability family support programs, schools, providing the proposed model should to administer and implement the project churches and synagogues, and other be collected for evaluation purposes. effectively and efficiently. community agencies. Private nonprofit • Identify precisely the role of the agencies applying as primary applicants Background Information author(s) of this proposal in relation to must include letters of commitment According to the most recent the work-plan and administrative from State or County child protective statistical information available from structure. services agencies willing to serve as NCANDS (National Child Abuse and • Describe the relationships between demonstration sites. Neglect Data System), almost 3 million the proposed project and other Purpose: The intent of this priority children were reported to State child Federally assisted work planned, area is the development and protective services agencies and more anticipated, or underway by the demonstration of innovative systems of than one million children were applicant. differential response to reports of child determined to have been victims of • Provide assurance that at least one abuse and neglect. Section 105(3)(A) of child abuse and neglect in 48 states key staff person will attend an annual CAPTA, as amended by Pub. L. 104– (Child Maltreatment 1995: Reports from three-day meeting in Washington, D.C. 235, authorizes the Secretary to award the States to the National Center on • Provide assurance that all reports grants which ‘‘demonstrate innovation Child Abuse and Neglect). Despite an will be prepared in an NCCAN- in responding to reports of child abuse increase in victims of almost 27 percent suggested format and copies of final and neglect including programs of since 1990, more than half of all reports and other products shall be collaborative partnerships between the investigations resulted in a finding of provided to the Clearinghouse. State child protective services agency, ‘‘not substantiated.’’ Child protective Project Duration: The length of the community social service agencies and services agencies have, understandably, project must not exceed a three-year family support programs, schools, become overwhelmed with the period. churches and synagogues, and other increased volume of reports and more Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26861 stressed by static staffing patterns. It has families and placing CPS staff at family under the family unity model. Instead, become increasingly difficult to provide resource centers where they team with family members brainstorm options for timely and thorough assessments and other local resources. The Neighborhood the care and protection of the child. intervention, but more importantly, the Places project in Louisville, Kentucky, Under this priority area, NCCAN is NCANDS data noted above raise through a collaboration of 20 public and interested in proposals which are questions regarding screening and the private agencies, has developed responsive to the CAPTA legislation and extent of agency involvement in the community-based centers where staff for continue to promote CPS reform efforts. lives of reported families. Given the income support, child protection, Proposals should establish a triage numbers of unsubstantiated cases at one health, employment, and other services system to help determine which reports end of the continuum, and the rise in are collected. At Neighborhood Place require intensive intervention in order serious injuries and fatalities at the Ujima, safety strategies specifically to ensure the safety of the child and other, the dilemma centers on some developed for children under age five which warrant voluntary referral to families receiving unwarranted public will be used in investigating and serving another community resource. The agency involvement and other families families whose cases involve serious system should also include a variety of not receiving enough agency attention to injuries or neglect. The St. Louis, community-linked services to assist assure the safety of the children. Missouri, Community Partnership families in preventing child abuse and In light of this dilemma, various supports State legislation which pilots a neglect as well as provide for further organizations and governmental dual track system, limiting investigation and intensive intervention agencies have begun exploring investigations to cases requiring police when the safety of the child is differential response systems. For involvement and utilizing the family jeopardized. Applicants should address example, in 1993, the Department of assessment method in responding to all procedures for accepting, screening and Navy Family Advocacy Program (FAP) other cases. It also joins the State’s assessing allegations of abuse and began the development of a Navy- Division of Family Services with neglect, describe measures taken to specific Risk Assessment Model. This communities to develop local responses ensure child safety in the decision- ‘‘life of the case’’ model was piloted in to families’ needs. The partnership will making process, describe a range of 1995, and it introduced a triage system hire Neighborhood Resource Specialists responses that can be applied whereby reports are screened upon for outreach activities, as well as differentially, and demonstrate how receipt, cases not meeting the two encourage neighborhood associations community agencies will be involved in eligibility criteria for Family Advocacy and other groups to become more the response system. services are referred directly to the involved in child safety by establishing appropriate resource, cases assessed as Note: The examples of programs cited in a Community Innovation Fund. this section are intended to stimulate lower level in severity and risk of harm thinking about new and innovative are classified as ‘‘Families in Need of Several States have responded legislatively to the call for reform efforts approaches. Interested applicants are Services’’ (FINS) and diverted to the encouraged to use this information as a needed prevention or intervention in the delivery of child protective services and much of the legislation resource in the preparation of their service. Under this system, the FINS proposals. Citing of these programs is not to cases are not officially ‘‘opened’’ and, contains language describing aspects of be considered as an endorsement of the therefore, not included in the program’s differential response systems. For programs by NCCAN. Each application will Central Registry. example, the State of Florida was the be considered on its own merit to the extent Another example of an organization’s first to pass legislation to create a dual that it meets the expectations of this effort to respond to this dilemma is the track system for assessment of lower- announcement. Edna McConnell Clark Foundation risk cases. All reports are assessed (i.e., Minimum Requirements for Project ‘‘Community Partnerships’’ initiative. family functioning, circumstances and Design: As part of addressing the Designed to ‘‘enhance the ability of local need for support are examined) rather evaluation criteria outlined in Part II of communities to keep children safe,’’ the than investigated (i.e., verifying whether this announcement, each applicant must initiative has three key components: or not an incident occurred), and address the following items in the diversion, community-CPS Florida no longer maintains a central program narrative section of the partnerships, and CPS agency reform registry. Like Florida, Iowa is now using proposal. (The Edna McConnell Clark Foundation an assessment approach and limits the Program for Children Strategy cases which go to the central registry to Objectives and Need for Assistance Statement, March 1996). In 1995, the those involving greater risk or • State the objectives of the project in Foundation awarded grants to four sites significant injury. Missouri also passed specific, measurable terms. to advance the efforts already underway CPS reform legislation which limits • Pinpoint the problem or issue that to make fundamental changes in their investigations to cases requiring police needs to be addressed and establish the handling of child abuse and neglect involvement. Family assessments are need for assistance; provide supporting cases. In Jacksonville, Florida, CPS conducted for all other situations. North documentation or other testimonies workers are out-stationed in full-service Dakota only places reports on the from concerned interests other than the schools, and families deemed central child abuse information index applicant. Specifically, provide inappropriate for CPS response are when services are required. The State of evidence of the ability to establish a referred out to a 24-hour resource and Virginia is planning to pilot a system collaborative partnership with referral hotline. Through the use of whereby less serious reports are community-based agencies and Community Support Agreements, assessed and offered services through organizations who would be partners in community volunteers contract to assist the local department or county without the response system proposed under families reported to CPS. The Cedar being entered into the central registry. this project, using documentation such Rapids, Iowa, Partnership project is Finally, Oregon has selectively adapted as statements that such entities will piloting a new assessment approach, a family unity model first developed participate in the proposed changing the way it responds to families and implemented in New Zealand in demonstration activities. reported to CPS, developing 1989. There is no need to validate that • Demonstrate an awareness of neighborhood based supports for a child has been abused or neglected current initiatives in the field and how 26862 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices the approach being proposed would • Describe strategies for agency, organization or institution of build on or improve this work. disseminating findings to other higher learning, a clear statement of • Identify the conceptual or practitioners in the field. commitment and agreements with the theoretical framework used as the basis State, Tribal or local child protection or Staff Background and Organization for the proposed model and provide a child welfare entities must be provided review of the relevant literature; include Experience which assures access to appropriate data information about similar successful • Identify the educational and sources and individuals. demonstration projects that may have professional background of the project Purpose: The purpose of this priority implications for the proposed director and key project staff. area is to develop innovative demonstration. • Describe the organization’s ability approaches for the use of kinship • Describe whether the proposed to administer and implement the project (relative) care for children in the child project replicates or modifies a effectively and efficiently. welfare system at the State, Tribal and previously evaluated model which • Identify precisely the role of the local levels, to demonstrate the addresses the identified need. author(s) of this proposal in relation to processes by which these approaches • Identify the precise location of the the work plan and administrative are implemented, and to assess the project, community, and population to structure. degree of success these approaches have be served by the proposed project. • Describe the relationship between in achieving desired goals. (Note: in this the proposed project and other announcement, the terms ‘‘kinship Approach Federally assisted work planned, care’’ and ‘‘relative care’’ are used • Describe the approach in detail and anticipated, or underway by the interchangeably). These approaches are point out its unique features including applicant. to focus on the following areas: (1) sensitivity to cultural, sociological, • Provide assurance that at least one Policies and procedures for decision- psychological, and ethnic dynamics key staff person will attend an annual making about the appropriateness of which have affected the choice of three-day meeting in Washington, D.C. placement in kinship settings; (2) the approach. • Provide assurance that all reports licensing and certification requirements • Describe a sound and workable plan will be prepared in an NCCAN- that facilitate the willingness and of action and time-line which match the suggested format and copies of final capability of relatives to care for scope of the project and explain how the reports and other products shall be children, and that support the safety proposed work will be accomplished. provided to the Clearinghouse. and well-being of children; and (3) the • Cite factors which might accelerate Project Duration: The length of the service needs, including needs for or delay this approach, giving project must not exceed a three-year economic support, of kinship care acceptable reasons for taking this period. families and children, and the strategies approach as opposed to others. Federal Share of Project Cost: The for training, supervision, and service • Include an adequate staffing plan, maximum Federal share of this project provision to meet the identified needs of listing key and support staff, is not to exceed $200,000 for the first such families and children. These consultants, any agency, organization, 12-month budget period, or a maximum approaches must be designed to meet other key group, and/or advisory panels of $600,000 for a period of three years. the broad goals of demonstrated positive involved or proposed; describe the Matching Requirement: Grantees must outcomes in the safety, permanency and responsibilities, activities, and/or provide a non-Federal share or match of well-being of the children involved. The training plans for each (if applicable). If at least 25% of the total approved cost knowledge gained from the the proposed project is a collaboration, of the project. The total approved cost demonstration, through a systematic the application must describe the nature of the project is the sum of the Federal evaluation, is to be shared with and extent of the collaboration and the share and the non-Federal share. The interested child protection and child responsibilities of the respective non-Federal share may be met by cash welfare agencies nationwide and to be agencies in carrying out the activities or in-kind contributions, although carefully analyzed for its implication for identified in the work-plan. applicants are encouraged to meet their policy and practice. If proven • Propose an evaluation plan. Discuss match requirements through cash successful, the models would then be the methods and criteria to be used to contributions. Therefore, a three year suitable for replication elsewhere. evaluate the results and benefits of the project requesting $600,000 in Federal Background Information: Hornby, project in terms of the stated objectives funds (based on an award of $200,000 Zeller & Karraker, (Child Welfare, of the project. Identify the kinds of data per 12-month budget period) must September–October, 1996) in their to be collected and maintained for this include a match of at least $200,000 analysis of the use of relatives for the purpose. An external evaluator may be over three years or $66,667 per year. care of children, categorize the agency hired or an internal evaluation may be Anticipated Number of Projects To Be goals related to the use of relatives in designed. It is recommended that not Funded: It is anticipated that up to five five different ways: (1) Relative care can less than 15% of the proposed budget be projects will be funded. be a diversion from the foster care and set aside for evaluation efforts. CFDA Number: 93.670. child welfare system; (2) relative care can provide short-term support within Results or Benefits Expected 1.03 Innovative Approaches to the system while an agency pursues the • Identify the results and benefits to Kinship (Relative) Care of Children in goal of returning children to their birth- be derived by clients, community, the Child Welfare System parent home; (3) relative care can agency, and NCCAN as a result of the Eligible Applicants: Public (State, provide short-term support within the implementation and evaluation of this Tribal or local) or private nonprofit system with a goal of long-term project. Discuss how project findings are agencies, organizations, and institutions discharge to relatives; (4) relative care likely to improve practice and inform of higher learning are eligible. can provide long-term support outside policy. Collaborative applications are the child welfare system; and (5) • Justify proposed project costs in encouraged. However, a primary relative care can provide long-term view of the expected results and applicant must be identified. If the support within the child welfare system. benefits. primary applicant is a private nonprofit Evaluations about the nature of kinship Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26863 care as a service must begin, they specified in verifiable and measurable should for non-relative placements. suggest, with a consideration of which terms, and measurement strategies and How do agencies and how will this of these uses are being served. sources of the data should be specified. project define and assess child well- The current state of knowledge about This evaluation paradigm is meant to being? Are activities for promoting child relative care is limited primarily to a demonstrate whether or not a program well-being altered or adjusted for recognition of the variety of purposes, has met the goals that it has set for itself children placed with relatives? How do definitions, payment structures, (i.e., the project purpose), and to the intra- and inter-familial tensions licensing, monitoring, and guardianship explicitly connect program components between the birth-parents and the policies employed by States, Tribes and to the degree of success in achieving relative caregiver affect the child’s and local child protective services agencies. those goals, rather than to compare family’s well-being? What steps do The lack of knowledge about service populations in one treatment against agencies take to mitigate the potential usage, design, intent, and outcomes has those in another. negative impact of these tensions on the unknown consequences for the All projects should have the goals of child’s and family’s well-being? Do increasing proportion of children that protecting and promoting the safety, removal standards for relative are living in relative care (A Report from permanency, and well-being of children. placements have a relationship to child the Multistate Foster Care Data Archive: Applicants should consider the well-being and are there reasons to Foster Care Dynamics 1983–1992. following. expect that these standards should be Chapin Hall, University of Chicago, • Safety: How does the relative care different for relative placements versus 1994). Of added importance, the 1996 program protect the safety of a child in non-relative placements? Likely factors Amendments to the Adoption a relative care placement? What are the related to child well-being include, but Assistance and Child Welfare Act safety related policies, procedures, and are not limited to psycho-social, require States to ‘‘consider giving activities? Are the activities that are medical, educational, and dental preference to an adult relative over a conducted different from those for assessment, available therapeutic and non-related caregiver when determining children in other placements, and if so, support services, and placement placement for a child, provided that the why? Does the implementation of monitoring and review. relative caregiver meets all relevant safety-promoting policies or procedures In summary, NCCAN/CB expects that State child protection standards.’’ for children in relative care vary in the types of policies, procedures, and Because so little systematic relation to the particular policy context practices surrounding kinship care will information is available about the or usage of relative care as described have consequences for the achievement elements of relative care which include above by Hornby, et al.? What is the of the desired outcomes. NCCAN/CB is but are not limited to usage, design, evidence that the policies, procedures, interested in developing and describing policy context, and effects on children— and practices for safety achievement viable models of the use of kinship care NCCAN/CB is interested in a set of have the desired benefits on safety as an for children. These models of innovative demonstrations, with evaluations, of outcome? Likely elements in safety kinship care use should include but are specified models of service design and promotion include, but are not limited not limited to (1) policies and delivery that have the potential for to, licensing, certification, monitoring procedures for decision-making about replication. policies, access to the child(ren) by who will go into kinship care and for Demonstrations are expected to maltreating birth-parents or others, how long; (2) requirements for licensing employ an evaluation paradigm which standards for removal, and assessment or certification specific to kinship will determine how and if the proposed of relative willingness and capacity to homes; and (3) patterns of training and/ policies, procedures, or practices, if parent and support the child(ren). or supervision, patterns of support fully implemented, could translate into • Permanency: How is the use of services, systems of economic support the desired outcomes. The applicant kinship care expected to affect the (including the impact of the Temporary must provide a detailed description of permanency of placement, including Aid to Needy Families [TANF]) for the demonstration model used, and returning home, adoption or kinship care, and other aspects of delineate the explicit or implicit theory guardianship? How might the effects on services and supports as well as the of how and why the proposed policy, permanency be related to the policy economic costs associated with kinship procedure, or practice should be context and use of kinship care as care to the agency, as these affect the expected to work. In delineating the described above by Hornby, et al.? How safety, permanency and well-being of project model (often referred to as a are decisions about length of stay the children. ‘‘logic model’’), the applicant must determined? What services are offered It is the intent of NCCAN/CB to select specify particular policy, procedure, or to promote permanency? Likely factors replicable models which, based on the intervention; interim steps and affecting permanency include, but are evaluations, are indicative of having the accomplishments which are expected to not limited to, agency preference for potential of producing desirable occur in the implementation process; relative placements, adoption, or outcomes in terms of child safety, specific intended outcomes (e.g., safety, guardianship, operational definitions of permanency, and well-being. permanency and well-being) and relatives, decision-making regarding Information about these models will be outcome indicators; and describe the recruitment and selection of relative and made available to the field and logical relationships among the various non-relative placements, projected additional demonstration funds may be project components, i.e., the processes length of placement, placement history, made available through a later through which the program activities siblings, service and economic support competition for replications and a cross- are expected to translate into outcomes systems for relative caregivers, and, if site national evaluation. for participants. The applicant should applicable, special planning or support Minimum Requirements for Project specify the planning assumptions (i.e., activities for hard-to-place, special Design: As part of addressing the factors which can impact on the project, needs child(ren) or children with evaluation criteria outlined in Part II of but over which the applicant may have disabilities. this announcement, each applicant for a no control) for the successful • Well-being: Well-being of the demonstration project must address the implementation of the model. Each child(ren) must be a key concern in each following items in the program narrative component of the model should be relative placement situation, as it section of the proposal. 26864 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
Objectives implementation and for describing the • Describe a plan of action and time- • State the goals and objectives of the outcomes of various policies and line for the project. • Cite factors which might create project in specific, measurable terms. At procedures for kinship care, including barriers to the implementation of the a minimum, goals must address safety, but not limited to requirements for project and plans for overcoming those permanence, and well-being. decision-making about placement and • Pinpoint the problem or issue that length of stay, licensing or certification barriers. • Include a staffing plan, listing key needs to be addressed and establish the of kinship homes, patterns of training and/or supervision, patterns of support and support staff, consultants, any need for assistance; provide supporting services, and/or systems of economic agency, organization, other key group, documentation or other data from support. It should also make provision and/or advisory panels or steering concerned interests other than the to assess the degree of success for committee involved or proposed; applicant, as appropriate. kinship care arrangement in meeting describe the responsibilities, activities, • Identify the conceptual or goals related to the safety, permanency and/or training plans for each (if theoretical framework used as the basis and well-being of the children as well applicable). for the proposed approach and provide as the economic costs associated with it • Describe the nature and extent of a review of the relevant literature and to the agency. the collaboration and the current initiatives related to kinship • Make sure that the proposed responsibilities of the respective placement that supports the model approach is theoretically and agencies in carrying out the activities selected. conceptually sound, reflecting the identified in the work-plan if the • Provide an overview of existing current state of knowledge in this field, proposed project is a collaborative kinship care policies, procedures and with sufficient detail on various project effort. practices in the State, Tribe or components (activities, milestones etc.), community in which the proposed and related indicators and measures to Results or Benefits Expected demonstration will operate, including allow accurate determination of its • Identify the results and benefits to how they relate to the use of kinship feasibility and evaluability. be derived by clients, community, care for the safety, permanency and • Propose an evaluation plan using agency, and NCCAN/CB as a result of well-being of the children. Describe the the evaluation paradigm described in the implementation and evaluation of regulatory, policy, administrative and the background information section and this project. Discuss how project procedural changes/innovations, if any, discuss the criteria to be used to findings are likely to improve practice which are to be introduced as part of evaluate the success of achieving and inform policy. this demonstration. programmatic goals in terms of the • Describe strategies for • Define each component of the stated objectives and approach of the disseminating findings and products to proposed project, describe how it relates project. Identify the kinds of data to be other practitioners in the field. to the other components, and articulate collected and maintained and the • Justify proposed project costs in the theoretical basis or the assumptions proposed methods for analysis, both for view of the expected results and that lead to the expectation that the documenting the types of procedures benefits. proposed project components will result and services to be implemented as well • Provide assurance that all reports in the expected project outcomes for as for documenting the outcomes of will be prepared in an NCCAN- children and families. such procedures and services. Include suggested format and copies of final • Identify the location(s), community description of any planned use of data reports and other products shall be and the specific population to be available through your State’s provided to the Clearinghouse on Child included in the proposed project. automated child welfare information Abuse and Neglect Information. Also, Provide assurance that the number of system. provide assurance that grantees will clients served in the demonstration • Outline the services, policies, or make all necessary materials and project will be adequate for testing of procedures which singly or in documentation available if the model is the theoretical assumptions of the combination are expected to lead to selected for replication upon project and conducting the evaluation. positive child safety, permanency and completion of the project. • Indicate the relationship of this well-being outcomes; and propose proposed demonstration to any Title IV– methods for measuring each component Staff Background and Organization E Waiver for Assisted Guardianship or of the model. Experience other waivers in your State. • Provide assurance that at least 25% • Identify the educational and of the proposed demonstration grant professional background of the project Approach budget be set aside for evaluation director and key project staff, including • Describe the approach in detail and efforts. This evaluation may be the individual(s) responsible for the point out its unique features including conducted internally, or externally, by evaluation (a curriculum veta for each sensitivity to cultural dynamics, child an independent evaluation unit within key staff must be included with the and family outcomes, and the an agency, a university, or an application and letters of commitment community setting. independent evaluation contractor. as applicable). • Describe the criteria and procedures • Provide assurance that, in addition • Describe the organization’s ability to be developed and implemented to to the project-specific evaluation, to administer and implement the project assure the safety, permanency and well- project and evaluation staff will effectively and efficiently. Provide being of the children in kinship care cooperate in any cross-project data letters of commitment from proposed placement in the project and detail collection or other collaborative efforts collaborating organizations. specific plans for revision of State or for establishing common measures or • Identify the author(s) of this Tribal standards, regulations, data collection tools which allows for proposal and the role(s) of the author(s) procedures, and existing materials as aggregation of results across projects. on the proposed project. necessary. Technical assistance for common data • Describe the relationships between • Make provision for clearly collection and evaluations will be made the proposed project and other demonstrating the degree of available. Federally assisted work planned, Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26865 anticipated, or underway by the Through the prevention aspects of Protective Service agencies in the latest applicant. this priority area, NCCAN seeks to National Child Abuse and Neglect Date • Provide assurance that (1) at least promote the safety and minimize the System (NCANDS) data report (Child one key staff person will attend an risk of harm to preschool, elementary Maltreatment 1995: Reports from the annual three-day grantee meeting in school, and secondary school children. States to the National Center on Child Washington, DC and (2) at least one key One approach to focusing on preschool Abuse and Neglect). staff person and the evaluator will children is funding community As noted in the August 1995 Harvard attend a two-day annual technical partnerships and innovative training of Family Research Project working paper, assistance meeting in Washington D.C. staff in Head Start and other preschool Challenges in Evaluating School-Linked on data collection and evaluation programs in the areas of positive Services: Toward a More procedures. discipline, recognizing signs of child Comprehensive Evaluation Framework. Project Duration: The length of the abuse and neglect, alternatives to School linked services have emerged as project for the demonstration projects physical punishment, and behavior one type of program model intended to give must not exceed a three-year period. management practices, in support of children greater access to needed social Federal Share of Project Cost: The Head Start performance standards, as services and community supports * * * Yet maximum Federal share of the project is applicable. Another approach could the concept of linking schools with social not to exceed $200,000 for the first 12- involve use of the professional expertise services and community resources is not month budget period or a maximum of of school social workers in the service new. As Tyack (1992) points out, schools $600,000 for a period of three years. delivery proposed. Expected outcomes have always been ‘‘attractive targets for Matching Requirement: The project of this project across all three target reformers seeking to improve the health and welfare of children * * * [They provide] must provide a non-Federal share or school systems should include effective match of at least 25% of the total sustained contact with children and a captive use of protective strategies by staff in audience * * * ’’ (p. 7). approved cost of the project. The total their interactions with students and in approved cost of the project is the sum their training roles with parents, better Although this paper raises issues of of the Federal share and the non-Federal identification and referral of child abuse resistance to schools as social service share. The non-Federal share may be and neglect cases, and higher sensitivity entities, such as distrust by a met by cash or in-kind contributions, among staff to issues of cultural disenfranchised population of schools although applicants are encouraged to diversity as they affect child behavior and reluctance of organizations to meet their match requirements through management practices and questions of rework lines of authority to achieve cash contributions. Therefore, a three abuse and neglect. collaboration, on a more basic level, year project requesting $600,000 in Addressing the intervention aspects of ‘‘proponents of school-linked services Federal funds (based on an award of the legislation, demonstration activities maintain that delivering social services $200,000 per 12-month budget period) under this project should include to children via schools makes sense must include a match of at least innovative child abuse and neglect because, of all public institutions, $200,000 over three years ($67,667 per intervention services in the form of schools provide the most sustained and 12-month budget period). individual or group counseling, non-stigmatizing contact with children, Anticipated Number of Projects to be therapeutic intervention groups for and therefore the most access to them’’ Funded: It is anticipated that up to nine children who witness violence and/or (Koppich and Kirst, 1993; Tyack, 1992). demonstration projects will be funded. who are victims of abuse and neglect. The Parent Partner Program, in Background Information: Section Elmira, NY, designed to prevent child 1.04 School-Based Child Maltreatment 105(b)(1) of CAPTA, as amended by abuse and neglect by strengthening the Prevention, Identification and Pub. L. 104–235, authorizes the connection among families, Treatment Services Secretary to award grants for projects neighborhoods and schools, was part of Eligible Applicants: Public or private which provide ‘‘educational the NCCAN-sponsored Community nonproject agencies or organizations are identification, prevention and treatment Lifelines project of Cornell University eligible to apply under this priority area services in cooperation with preschool, and the Elmira City School District. Its in collaboration with preschool elementary and secondary schools.’’ In final year of Federal funding was 1994; programs, particularly Head Start and addition, Title II of CAPTA supports an evaluation that year was generally publicly supported early childhood State efforts to develop, operate, expand positive (Program Manual, p. 24). development centers, elementary school and enhance a network of community- In their 1994 article on ‘‘The systems and secondary school systems based, prevention-focused, family Mediating Effect of Good School that mutually benefit from the resources and support programs that Performance on the Maltreatment- cooperative development and delivery coordinate resources among all the Delinquency Relationship’’ (Journal of of services proposed under this project. agencies that currently deal with Research in Crime and Delinquency Purpose: The intent of this priority children and families, including 31(1):62–91, February, 1994), based on area is the development and educational institutions. research funded by NCCAN, authors demonstration of service models that According to the findings of the Third Zingraff, Lieter, Johnson, and Meyers address the prevention, identification National Incidence Study of Child state that ‘‘maltreated children are at a and treatment of child abuse and neglect Abuse and Neglect, (NIS–3), published significantly higher risk of delinquent by communities in cooperation with in September 1996, schools are a involvement than the general school preschool, elementary and secondary frequent source of child abuse and population’’; however, ‘‘with the school systems, in response to CAPTA, neglect recognition: Thirty-four percent introduction of school outcome as amended by Pub. L. 104–235 (1996). of the children included in the study variables, physically abused children Applicants may target preschool during under the ‘‘Harm Standard’’ receiving a are no longer at a statistically elevated the first year of this project and CPS investigation and 69 percent of risk of delinquency.’’ Their data suggest elementary and secondary schools those not investigated but meeting the that positive school experiences can during the second and third years ‘‘Harm Standard’’ were identified by mitigate the effects of physical abuse respectively or all three school systems schools. Educators account for over 15 and, to a lesser extent, neglect. ‘‘The throughout the project period. percent of all referrals to Child potential of schools as intervention sites 26866 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices derives from the concentration of Abuse and Neglect Information for and ethnic dynamics which have children in them, which allows scarce access to the literature cited herein, as affected the choice of approach. resources to be stretched further * * *.’’ well as access to additional background • Describe a sound and workable plan The U.S. Department of Education and information on school involvement of action and time-line which match the Office of Elementary and Secondary in child maltreatment prevention and scope of the project and explain how the Education has recently completed a five intervention activities. proposed work will be accomplished. year project, funding 18 early child Minimum Requirements for Project • Cite factors which might accelerate education/violence counseling training Design: As part of addressing the or delay this approach, giving programs directed by universities across evaluation criteria outlined in Part II of acceptable reasons for taking this the country. Thirteen of the 18 projects’ this announcement, each applicant must approach as opposed to others. recruitment efforts focused on current address the following items in the • Include an adequate staffing plan, employees of Head Start, Early Start, program narrative section of the listing Program Director duties and and other early childhood education proposal. qualifications as well as other key and programs. support staff, consultants, any agency, The Edna McConnell Clarke Objectives and Need for Assistance • organization, other key group, and/or Foundation is sponsoring a State the objectives of the project in advisory panels involved or proposed; ‘‘Community Partnerships’’ CPS reform specific, measurable terms. describe the responsibilities, activities, • Pinpoint the problem or issue that initiative in sites within 4 States, and/or training plans for each (if needs to be addressed and establish the designed ‘‘to enhance the ability of applicable). If the proposed project is a need for assistance; provide supporting individual communities to keep collaboration, the application must children safe from harm and neglect.’’ documentation or other testimonies describe the nature and extent of the The role of the school as a community from concerned interests other than the collaboration and the responsibilities of resource is especially key to the applicant. Specifically, provide the respective agencies in carrying out Jefferson County, Kentucky, site. Under evidence of the ability to establish the activities identified in the work- the Kentucky Education Reform Act, collaborative partnerships with related plan. ‘‘over 300 school-based Family Resource organizations and agencies, especially • Propose an evaluation plan. Discuss and Youth Service Centers have been with the school systems, child care the methods and criteria to be used to developed which serve as mechanisms providers as well as the new evaluate the results and benefits of the to identify and refer at risk families to Community-Based Family Resource and project in terms of the stated objectives Neighborhood Place centers.’’ (The Support Grants authorized in Title II of of the project. Identify the kinds of data Edna McConnell Clark Foundation Pub. L. 104–235, the Child Abuse to be collected and maintained for this Program for Children Strategy Prevention and Treatment Act of 1996 purpose. An external evaluator is Statement, March 1996). Health, mental (CAPTA), by attaching letters of required to carry out the evaluation. It health, child protective, employment commitment to the effect that such is recommended that not less than 15 and other such community services are entities will participate in the proposed percent of the proposed budget be set all provided by the staff of the demonstration activities. Neighborhood Place. • Demonstrate an awareness of aside for evaluation efforts. ‘‘The Rainbow House Handbook to a current initiatives in the field and how Results or Benefits Expected Violence Free Future: Choosing Non- the approach being proposed would • Identify the results and benefits to Violence for Young Children’’ (A. Parry, build on this work. M. Walker, C. Heim, Rainbow House/ • Identify the theoretical framework be derived by clients, community, Arco Iris, Chicago, 1991) is one example of prevention or treatment used as the agency, and NCCAN as a result of the of an educational curriculum on abuse basis for the proposed model and implementation and evaluation of this prevention which was developed by provide a review of the relevant project. Discuss how project findings are The Rainbow House Training Institute literature, demonstrating an awareness likely to improve practice and inform for Choosing Non-Violence in Chicago, policy. of the current status of child abuse and • Illinois. The training institute, neglect prevention, identification and Justify proposed project costs in considered to be one of the first treatment efforts, at the State, local and view of the expected results and programs in the United States to address benefits. community-based levels, particularly • violence prevention with young those which involve school-based Describe strategies for children, provides training for Head programs and child care providers; disseminating findings to other Start staff, child care providers and include information about successful practitioners in the field. parents. Initially supported by demonstration projects that may have Staff Background and Organization Administration on Children, Youth and implications for the proposed Experience Family funds, the program has demonstration. • subsequently received positive • Describe whether the proposed Identify the educational and evaluation and attention as an effective project replicates or modifies a professional background of the project approach. previously evaluated model which director and key project staff. • Projects proposed under this priority addresses the identified need. Describe the organization’s ability area may either present innovative • Identify the precise location of the to administer and implement the project approaches or be replications of project, community, and population to effectively and efficiently. previously evaluated and promising be served by the proposed project. • Describe the organization’s models. In either case, proposed experiences in establishing linkages and activities should build on previous Approach collaborating with partners at the research and evaluation findings. An • Describe the approach in detail and community level. evaluation component is required for point out its unique features including • Identify precisely the rule of the each proposal submitted under this collaboration with child care providers author(s) of this proposal in relation to priority area. Applicants are referred to and other partners, sensitivity to the work plan and administrative the National Clearinghouse on Child cultural, sociological, psychological, structure. Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26867
• Describe the relationships between announcements. This program C. Required Notification of the State the proposed project and other announcement meets all information Single Point of Contact Federally assisted work planned, collection requirements approved for anticipated, or underway by the ACF grant applications under OMB This program is covered under applicant. Control Number 0970–0139. Executive Order 12372, • Provide assurance that at least one ‘‘Intergovernmental Review of Federal key staff person will attend an annual B. Availability of Forms Programs,’’ and 45 CFR part 100, ‘‘Intergovernmental Review of three-day meeting in Washington, DC. Eligible applicants interested in • Provide assurance that all reports Department of Health and Human applying for funds must submit a will be prepared in an NCCAN- Services Program and Activities.’’ Under complete application including the suggested format and copies of final the Order, States may design and own reports and other products shall be required forms at the end of this processes for reviewing and provided to the Clearinghouse. program announcement in Appendix A. commenting on proposed Federal Project Duration: The length of the In order to be considered for a grant assistance under covered programs. under this announcement, an project must not exceed a three-year All States and Territories except application must be submitted on the period. Alabama, Alaska, Colorado, Standard Form 424 (approved by OMB Federal Share of Project Cost: The Connecticut, Hawaii, Idaho, Kansas, maximum Federal share of this project under Control Number 0348–0043). Louisiana, Massachusetts, Minnesota, is not to exceed $100,000 for the first Each application must be signed by an Montana, Nebraska, New Jersey, 12-month budget period, or a maximum individual authorized to act for the Oklahoma, Oregon, Pennsylvania, South of $300,000 for a period of three years. applicant and to assume responsibility Dakota, Tennessee, Vermont, Virginia, Matching Requirement: Grantees must for the obligations imposed by the terms Washington, American Samoa and provide a non-Federal share or match of and conditions of the grant award. Palau have elected to participate in the at least 25 percent of the total approved Applicants requesting financial Executive Order process and have cost. The non-Federal share may be met assistance for non-construction projects established Single Points of Contact by cash or in-kind contributions, must file the Standard Form 424B, (SPOCs). Applicants from these twenty although applicants are encouraged to ‘‘Assurances: Non-Construction one jurisdictions need take no action meet their match requirements through Programs’’ (approved by OMB under regarding E.O. 12372. Applicants for cash contributions. Therefore, a three- control number 0348–0040). Applicants projects to be administered by year project requesting $300,000 in must sign and return the Standard Form Federally-recognized Indian Tribes are Federal funds (based on an award of 424B (approved by OMB Control also exempt from the requirements of $100,000 per 12-month budget period) Number 0348–0340) with their E.O. 12372. Otherwise, applicants must include a match of at least application. Applicants must provide a should contact their SPOCs as soon as $100,000 ($33,333 per 12-month budget certification regarding lobbying possible to alert them of the prospective period). (approved by OMB under Control applications and receive any necessary Anticipated Number of Projects to be Number 0348–0046). Prior to receiving instructions. Applicants must submit Funded: It is anticipated that up to 7 an award in excess of $100,000, any required material to the SPOCs as projects will be funded. applicants shall furnish an executed soon as possible so that the program CFDA Number: 93.670. copy of the lobbying certification office can obtain and review SPOC Part III. Information and Instructions (approved by OMB under control comments as part of the award process. for the Development and Submission of number 0348–0046). Applicants must It is imperative that the applicant Applications sign and return the certification with submit all required materials, if any, to This part contains information and their application. the SPOC and indicate the date of this instructions for submitting applications Applicants must make the appropriate material (or the date of contact if no in response to this announcement. certification of their compliance with submittal is required) on the Standard Application forms are provided in the Drug-free Workplace Act of 1988. By Form 424, item 16a. Appendix A–ACF Uniform signing and submitting the application, Under 45 CFR 100.8(a)(2), a SPOC has Discretionary Grant Application Form applicants are providing the 60 days from the application deadline to (ACF/UDGAF) and a checklist for certification and need not mail back the comment on proposed new or assembling an application package is certification with the application. competing continuation awards. included in Section F. Please copy and Application must make the SPOCs are encouraged to eliminate use these forms in submitting an appropriate certification that they are the submission of routine endorsements application. not presently debarred, suspended or as official recommendations. Potential applicants should read this otherwise ineligible for an award. By Additionally, SPOCs are requested to section carefully in conjunction with signing and submitting the application, clearly differentiate between mere the information in the specific priority applicants are providing the advisory comments and those official area under which the application is to certification and need not mail back the State process recommendations which be submitted. The priority area certification with the application. may trigger the ‘‘accommodate or description are in Part II. Applicants will be held accountable explain’’ rule. A. Paperwork Reduction Act of 1995 for the smoking prohibition in Pub. L. When comments are submitted Under the Paperwork Reduction Act 103–227, Part C Environmental Tobacco directly to ACF, they should be of 1995 (Pub. L. 104–13), the Smoke (also known as the Pro- addressed to: Department of Health and Department is required to submit to the Children’s Act of 1994). By signing and Human Services, Administration for Office of Management and Budget submitting the application, applicants Children and Families, Division of (OMB) for review and approval any are providing the certification and need Discretionary Grants, 370 L’Enfant reporting and record-keeping not mail back the certification with the Promenade, SW., Washington, DC requirements or program application. 20447. 26868 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
A list of the Single Points of Contact E. Instructions for Preparing the telephone number of a person who can for each State and Territory is included Application and Completing respond to questions about the as Appendix B of this announcement. Application Forms application. This person should be accessible at the address given here and D. Deadline for Submission of Applications submitted for funds will receive all correspondence Applications under this announcement are considered NEW APPLICATIONS, regarding the application. Item 6. Employer Identification Deadline: Mailed applications shall be therefore, follow instructions in Number (EIN)—Enter the employer considered as meeting an announced Appendix A for NEW APPLICATIONS. deadline if they are received on or The SF 424, 424A (approved by OMB identification number of the applicant before the deadline time and date at the under Control Number 0348–0044), organization, as assigned by the Internal U.S. Department of Health and Human 424B, and certifications are included in Revenue Service, including, if known, Services, Administration for Children Appendix A. You should reproduce the Central Registry System suffix. Item 7. Type of Applicant—Self- and Families, Division of Discretionary single-sided copies of these forms from Grants, 370 L’Enfant Promenade, SW., explanatory. the reprinted forms in the Item 8. Type of Application—Check Mail Stop 6C–462, Washington, DC announcement, typing your information 20447, Attention: Application for [insert new application. onto the copies. Please do not use forms Item 9. Name of Federal Agency— Program Name]. Applicants are directly from the Federal Register responsible for mailing applications ACYF/NCCAN/CB. announcement, as they are printed on Item 10. Catalog of Federal Domestic well in advance, when using all mail both sides of the page. services, to ensure that the applications Assistance Number and Title—Enter the Please prepare your application in Catalog of Federal Domestic Assistance are received on or before the deadline accordance with the following time and date. (CFDA) number assigned to the program instructions: under which assistance is requested and Applications hand carried by 1. SF 424 Page 1, Application Cover applicants, applicant couriers, or by its title, as indicated in the relevant Sheet. Please read the following priority area description. overnight/express mail couriers shall be instructions before completing the considered as meeting an announced Item 11. Descriptive Title of application cover sheet. An explanation Applicant’s Project—Enter the project deadline if they are received on or of each item is included. Complete only before the deadline date, between the title. The title is generally short and is the items specified. descriptive of the project, not the hours of 8 a.m. and 4:30 p.m., at the Top of Page. Enter the single priority U.S. Department of Health and Human priority area title. area number under which the Item 12. Areas Affected by Project— Services, Administration for Children application is being submitted under Enter the governmental unit where and Families, Division of Discretionary only one priority area. significant and meaningful impact could Grants, ACF Mailroom, 2nd Floor Item 1. Type of submission—Pre- be observed. List only the largest unit or Loading Dock, Aerospace Center, 901 D printed on the form. units affected, such as State, county, or Street, SW., Washington, DC 20024, Item 2. Date Submitted and Applicant city. If an entire unit is affected, list it between Monday and Friday (excluding Identifier—Date application is rather than sub-units. weekends and Federal holidays). Any submitted to ACYF and applicant’s own Item 13. Proposed Project—Enter the application received after 4:30 p.m. on internal control number, if applicable. desired start date for the project and the deadline date will not be considered Item 3. Date Received by State—State projected completion date. for competition. Applicants using use only (if applicable). Item 14. Congressional District of express/overnight services should allow Item 4. Date Received by Federal Applicant/Project—Enter the number of for two working days prior to the Agency—Leave blank. the Congressional District where the deadline date for receipt of applications. Item 5. Applicant Information Legal applicant’s principal office is located (Applicants are cautioned that express/ Name—Enter the legal name of the and the number of the Congressional overnight mail services do not always applicant organization. For applications district(s) where the project will be deliver as agreed.) developed jointly, enter the name of the located. If statewide, a multi-State effort, ACF cannot accommodate lead organization only. There must be a or nationwide, enter 00. transmission of applications by fax or single applicant for each application. Items 15. Estimated Funding Levels. through other electronic media. Organizational Unit—Enter the name In completing 15a through 15f, the Therefore, applications transmitted to of the primary unit within the applicant dollar amounts entered should reflect, ACF electronically will not be accepted organization which will actually carry for a 12-month budget period, the total regardless of Date or time of submission out the project activity. Do not use the amount requested. and time of receipt. name of an individual as the applicant. Item 15a. Enter the amount of Federal Late applications: Applications which If this is the same as the applicant funds requested in accordance with the do not meet the criteria above are organization, leave the organizational preceding paragraph. This amount considered late applications. ACF shall unit blank. should be no greater than the maximum notify each late applicant that its Address—Enter the complete address amount specified in the priority area application will not be considered in that the organization actually uses to description. the current competition. receive mail, since this is the address to Items 15b–e. Enter the amount(s) of Extension of deadlines: ACF may which all correspondence will be sent. funds from non-Federal sources that extend the deadline for all applicants Do not include both street address and will be contributed to the proposed because of acts of God such as floods, P.O. box number unless both must be project. Items b–e are considered cost- hurricanes, etc., or when there is a used in mailing. sharing or matching funds. The value of widespread disruption of the mails. Name and telephone number of the third party in-kind contributions should However, if ACF does not extend the person to be contacted on matters be included on appropriate lines as deadline for all applicants, it may not involving this application (include area applicable. waive or extend the deadline for any code)—Enter the full name (including Item 15f. Enter the estimated amount applicants. academic degree, if applicable) and of income, if any, expected to be Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26869 generated from the proposed project. Do 1. SF 424A, Budget Information— Justification: Include the name(s) of not add or subtract this amount from the Non-Construction Programs. This is a traveler(s), total number of trips, total project amount entered under item form used by many Federal agencies. destinations, length of stay, 15g. Describe the nature, source and For this application, Sections A, B, C, E transportation costs and subsistence anticipated use of this income in the and F are to be completed. Section D allowances. Project Narrative Statement. does not need to be completed. Equipment—Line 6d. Enter the total Item 15g. Enter the sum of items 15a– Sections A and B should include the costs of all equipment to be acquired by 15e. Federal as well as the non-Federal the project. Equipment is defined as Item 16a. Is Application Subject to funding for the proposed project non-expendable tangible personal Review By State Executive Order 12372 covering the first year budget period. property having a useful life of more Process? Yes, except for the 23 Section A—Budget Summary. This than one year and a acquisition cost of jurisdictions listed above. Enter the date section includes a summary of the $5,000 or more per unit. the applicant contacted the SPOC budget. On line 5, enter total Federal Justification: Equipment to be regarding this application. Select the costs in column (e) and total non- purchased with Federal funds must be appropriate SPOC from the listing Federal costs, including third party in- justified. The equipment must be provided at the end of Part III. The kind contributions, but not program required to conduct the project, and the review of the application is at the income, in column (f). Enter the total of applicant organization or its sub- discretion of the SPOC. The SPOC will (e) and (f) in column (g). grantees must not have the equipment verify the date noted on the application. Section B—Budget Categories. This or a reasonable facsimile available to the If there is a discrepancy in dates, the budget, which includes the Federal as project. The justification also must SPOC may request that the Federal well as non-Federal funding for the contain plans for future use or disposal agency delay any proposed funding proposed project, covers the first year of the equipment after the project ends. Supplies—Line 6e. Enter the total until September 1997. budget period if the proposed project costs of all tangible expendable personal Item 16b. Is Application Subject to period exceeds 12 months. It should property (supplies) other than those Review By State Executive Order 12372 relate to item 15g, total funding, on the SF 424. Under column (5), enter the included on Line 6d. process? No.—Check the appropriate Justification: Specify general box if the application is not covered by total requirements for funds (Federal dollars in one column and non-Federal categories of supplies and their costs. E.O. 12372 or if the program has not Contractual—Line 6f. Enter the total been selected by the State for review. in the other) by object class category. A separate, itemized, budget costs of all contracts, including (1) Item 17. Is the Applicant Delinquent justification for each line item is procurement contracts (except those on any Federal Debt?—Check the required. The types of information to be which belong on other lines such as appropriate box. This question applies included in the justification are equipment, supplies, etc.) and (2) to the applicant organization, not the indicated under each category. For contracts with secondary recipient person who signs as the authorized multiple-year projects, it is desirable to organizations, including delegate representative. Categories of debt provide this information for each year of agencies. Also include any contracts include audit disallowances, loans and the project. Applicants should refer to with organizations for the provision of taxes. the Budget and Budget Justification technical assistance. Do not include Item 18. To the best of my knowledge information in the Program Narrative payments to individuals on this line. If and belief, all data in this application/ section of the ACF/UDGAF on page 27 the name of the contractor, scope of preapplication are true and correct. The (Item D) in Appendix A. work, and estimated total costs are not document has been duly authorized by Personnel—Line 6a. Enter the total available or have not been negotiated, the governing body of the applicant and costs of salaries and wages of applicant/ include on Line 6h, other. the applicant will comply with the grantee staff. Do not include the costs of Justification: Attach a list of attached assurances if the assistance is consultants, which should be included contractors, indicating the names of the awarded.—To be signed by the on line 6h, Other. organizations, the purposes of the authorized representative of the Justification: Identify the principle contracts, and the estimated dollar applicant. A copy of the governing investigator or project director, if amounts of the awards as part of the body’s authorization for signature of this known. Specify by title or name the budget justification. Whenever the application by this individual as the percentage of time allocated to the applicant/grantee intends to delegate official representative must be on file in project, the individual annual salaries, part or all of the program to another the applicant’s office, and may be and the cost to the project (both Federal agency, the applicant/grantee must requested from the applicant. and non-Federal) of the organization’s complete this section (Section B, Budget Item 18a–c. Typed Name of staff who will be working on the project. Categories) for each delegate agency by Authorized Representative, Title, Fringe Benefits—Line 6b. Enter the agency title, along with the supporting Telephone Number—Enter the name, total cost of fringe benefits, unless information. The total cost of all such title and telephone number of the treated as part of an approved indirect agencies will be part of the amount authorized representative of the cost rate. shown on Line 6f. Provide back-up applicant organization. Justification: Provide a break-down of documentation identifying the name of Item 18d. Signature of Authorized amounts and percentages that comprise contractor, purpose of contract, and Representative—Signature of the fringe benefit costs, such as health major cost elements. Applicants who authorized representative named in Item insurance, FICA, retirement insurance, anticipate procurement that will exceed 18a. At least one copy of the application etc. $5,000 (non-governmental entities) or must have an original signature. Use Travel—6c. Enter total costs of out-of- $25,000 (governmental entities) and are colored ink (not black) so that the town travel (travel requiring per diem) requesting an award without original signature is easily identified. for staff of the project. Do not enter costs competition should include a sole- Item 18e. Date Signed—Enter the date for consultant’s travel or local source justification in the proposal the application was signed by the transportation, which should be which at a minimum should include the authorized representative. included on Line 6h, Other. basis for contractor’s selection, 26870 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices justification for lack of competition parties without charge to the grantee, At the bottom of the page, following when competitive bids or offers are not the sub-grantee, or a cost-type contractor the summary description, type up to 10 obtained and basis for award cost or under the grant or sub-grant. key words which best describe the price. (Note: Previous or past experience Justification: Describe third party in- proposed project, the service(s) involved with a contractor is not sufficient kind contributions, if included. and the target population(s) to be justification for sole source.) Section D—Forecasted Cash Needs, covered. These key words will be used Construction—Line 6g. Not Not applicable. for computerized information retrieval applicable. New construction is not Section E—Budget Estimate of Federal for specific types of funded projects. allowable. Funds Needed For Balance of the Applicants should refer to the Other—Line 6h. Enter the total of all Project. This section should only be instructions in Appendix A under the other costs. Where applicable, such completed if the total project period Program Narrative section (Item A.1) costs may include, but are not limited exceeds 15 months. regarding the project summary. to: insurance, medical and dental costs, Totals—Line 20. For projects that will 4. Program Narrative Statement. The noncontractual fees and travel paid have more than one budget period, enter Program Narrative Statement is a very directly to individual consultants, local the estimated required Federal funds for important part of an application. It transportation (all travel which does not the second budget period (months 13 should be clear, concise, and address require per diem is considered local through 24) under column (b) First. If a the specific requirements mentioned travel), space and equipment rentals, third budget period will be necessary, under the priority area description in printing and publication, computer use, enter the Federal funds needed for Part II. training costs, including tuition and months 25 through 36 under (c) Second. The narrative should provide stipends, training service costs, Columns (d) and (e) would be used in information concerning how the including wage payments to individuals the case of a 60 month project. application meets the evaluation criteria and supportive service payments, and Section F—Other Budget Information. using the following headings for staff development costs. Note that costs Direct Charges—Line 21, Not demonstration applications: identified as miscellaneous and applicable. (a) Objective and Need for Assistance honoraria are not allowable. Indirect Charges—Line 22, Enter the (b) Approach Justification: Specify the costs type of indirect rate (provisional, (c) Results or Benefits Expected included. predetermined, final or fixed) that will (d) Staff Background and Organization Total Direct Charge—Line 6i. Enter be in effect during the funding period, Experience the total of Lines 6a through 6h. the estimated amount of the base to The narrative should be typed double- 1 ′′ × ′′ Indirect Charges—6j. Enter the total which the rate is applied, and the total spaced on a single-side of an 8 ⁄2 11 amount of indirect charges (costs). If no indirect expense. plain white paper, with 1′′ margins on indirect costs are requested, enter none. Remarks—Line 23. If the total project all sides, using standard type sizes or Generally, this line should be used period exceeds 12 months, you must fonts (e.g., Times Roman 12 or Courier when the applicant has a current enter your proposed non-Federal share 10). Applicants should not submit indirect cost rate agreement approved of the project budget for each of the reproductions of larger size paper by the Department of Health and Human remaining years of the project. reduced to meet the size requirement. Services or another Federal agency. 3. Project Summary Description. Applicants are requested not to send Local and State governments should Clearly mark this separate page with the pamphlets, brochures, or other printed enter the amount of indirect costs applicant name as shown in item 5 of material along with their application as determined in accordance with DHHS the SF 424, the priority area number as they pose copying difficulties. All pages requirements. When an indirect cost shown at the top of the SF 424, and the of the narrative (including charts, rate is requested, these costs are title of the project as shown in item 11 references/footnotes, tables, maps, included in the indirect cost pool and of the SF 424. The summary description exhibits, etc.) must be sequentially should not be charged again as direct should not exceed 300 words. These 300 numbered, beginning with ‘‘Objectives’’ costs to the grant. words become part of the computer or ‘‘Objectives and Need for Assistance’’ Justification: Enclose a copy of the database on each project. as page number one. indirect cost rate agreement. Care should be taken to produce a The length of the application, Total—Line 6k. Enter the total summary description which accurately including the application forms and all amounts of line 6i and 6j. and concisely reflects the application. It attachments, should not exceed 60 Program Income—Line 7. Enter the should describe the objectives of the pages. Anything over the limit will not estimated amount, if any, expected to be project, the approaches to be used and be reproduced and distributed to generated from this project. Do not add the outcomes expected. The description reviewers. A page is a single side of an or subtract this amount from the total should also include a list of major 81⁄2′′ × 11′′ sheet of paper. Applicants project amount. products that will result from the are requested not to send pamphlets, Justification: Describe the nature, proposed project, such as software brochures or other printed material source, and anticipated use of program packages, materials, management along with their application as these income in the Program Narrative procedures, data collection instruments, pose xeroxing difficulties. These Statement. training packages, or videos. (Please materials, if submitted, will not be Section C—Non-Federal Resources. note that audiovisuals should be closed included in the review process if they This section summarizes the amounts of captioned.) The project summary exceed the page limit criteria. Each page non-Federal resources that will be description, together with the of the application will be counted to applied to the grant. Enter this information on the SF 424, will determine the total length. information on line 12 entitled Totals. constitute the project abstract. It is the Applicants should respond to the In-kind contributions are defied in 45 major source of information about the Program Narrative instructions in CFR 74.51 and 45 CFR 92.3, as property proposed project and is usually the first Appendix A—Components section (Item or services which benefit a grant- part of the application that the A) as described below. supported project or program and which reviewers read in evaluating the A.2. Objectives and Need for are contributed by non-Federal third application. Assistnace—This information is Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26871 addressed under the Objectives and Programs and the Certification —Table of Contents; Need for Assistance section (Part II.C.) Regarding Lobbying. Both must be —Letter from the Internal Revenue of this announcement. signed and returned with the Service to prove non-profit status, if A.3. Results and Benefits Expected— application. In addition, applicants necessary; This information is addressed in the must certify their compliance with: (1) —Copy of the applicant’s approved Results and Benefits section (Part II.C.) Drug-free Work-place Requirements; indirect cost rate agreement, if of this announcement. and (2) Debarment and Other appropriate; A.4. Approach—This information is Responsibilities. Copies of the addressed in the Approach section (Part assurances/certifications are reprinted at —Project summary description and II.C.) of this announcement. the end of this announcement and listing of key words; A.5. Evaluation—This information is should be reproduced, as necessary. A —Program Narrative Statement (See Part addressed in the Approach section (Part duly authorized representative of the III, Section D); II.C.) of this announcement. applicant organization must certify that —Organizational capability statement, A.6. Geographic Location—This the applicant is in compliance with including an organization chart; information is addressed in the these assurances/certifications. A —Any appendices/attachments; Objectives and Need for Assistance signature on the SF 424 indicates section (Part II.C.) of this compliance with the Drug-free Work- —Assurances-Non-Construction announcement. place Requirements, and Debarment and Programs (Standard Form 424B); A.7. Additional Information—This Other Responsibilities certifications. —Certification Regarding Lobbying. information is addressed in the Staff A signature on the application G. The Application Package Background and Organization constitutes an assurance that the Experience section (Part II.C.) of this applicant will comply with the Each application package must announcement. pertinent Departmental regulations include an original and two copies of Note: Item B. Noncompeting Continuation contained in 45 CFR part 74. the complete application. Each copy Applications and Item C. Supplemental should be stapled securely (front and Requests do not apply to this announcement. F. Checklist for a Complete Application back if necessary) in the upper left-hand 5. Organizational Capability The checklist below is for your use to corner. All pages of the narrative Statement. The Organizational ensure that your application package (including charts, tables, maps, exhibits, Capability Statement should consist of a has been properly prepared. etc.) must be sequentially numbered, brief (two pages is suggested) —One original, signed and dated beginning with page one. In order to background description of how the application, plus two copies. facilitate handling, please do not use applicant organization (or the unit Applications for different priority covers, binders or tabs. Do not include within the organization that will have areas are packaged separately; extraneous materials as attachments, responsibility for the project) is —Application is from an organization such as agency promotion brochures, organized, the types and quantity of which is eligible under the eligibility slides, tapes, film clips, minutes of services it provides, and/or the research requirements defined in the priority meetings, survey instruments or articles and management capabilities it area description (screening of incorporation. possesses. This description should requirement); Do not include a self-addressed, cover capabilities not included in the —Application length does not exceed 60 stamped acknowledgment card. All Program Narrative Statement. It may pages, unless otherwise specified in applicants will be notified automatically include descriptions of any current or the priority area description. A about the receipt of their application. If previous relevant experience, or complete application consists of the acknowledgment of receipt of your describe the competence of the project following items in this order: application is not received within two team and its demonstrated ability to —Application for Federal Assistance weeks after the deadline date, please produce a final product that is readily (SF 424, REV 4–92); notify the ACYF Operations Center by comprehensible and usable. An —A completed SPOC certification with telephone at 1–800–351–2293. organization chart showing the the date of SPOC contact entered in Dated: May 8, 1997. relationship of the project to the current line 16, page 1 of the SF 424; organization must be included. —Budget Information-Non-Construction Olivia A. Golden, 6. Assurances/Certifications. Programs (SF 424A); Principal Deputy Assistant Secretary for Applicants are required to file an SF —Budget justification for Section B- Children and Families. 424B, Assurances—Non-Construction Budget Categories; BILLING CODE 4184±01±M 26872 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
BILLING CODE 4184±01±C Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26873
Instructions for the SF 424 4. If this application is to continue or 12. List only the largest political entities revise an existing award, enter present affected (e.g., State, counties, cities.) Public reporting burden for this collection Federal identifier number. If for a new 13. Self-explanatory. of information is estimated to average 45 project, leave blank. 14. List the applicant’s Congressional minutes per response, including time for 5. Legal name of applicant, name of District and any District(s) affected by the reviewing instructions, searching existing primary organizational unit which will program or project. data sources, gathering and maintaining the undertake the assistance activity, complete 15. Amount requested or to be contributed data needed, and completing and reviewing address of the applicant, and name and during the first funding/budget period by the collection of information. Send telephone number of the person to contact on each contributor. Value of in-kind comments regarding the burden estimate or matters related to this application. contributions should be included on any other aspect of this collection of 6. Enter Employer Identification Number appropriate lines as applicable. If the action information, including suggestions for (EIN) as assigned by the Internal Revenue will result in a dollar change to an existing reducing this burden, to the Office of Service. award, indicate only the amount of the Management and Budget. Paperwork 7. Enter the appropriate letter in the space change. For decreases, enclose the amounts Reduction Project (0348–0042), Washington, provided. in parentheses. If both basic and DC 20503. 8. Check appropriate box and enter supplemental amounts are included, show PLEASE DO NOT RETURN YOUR appropriate letter(s) in the space(s) provided: breakdown on an attached sheet. For COMPLETED FORM TO THE OFFICE OF —‘‘New’’ means a new assistance award. multiple program funding, use totals and MANAGEMENT AND BUDGET, SEND IT TO —‘‘Continuation’’ means an extension for an show breakdown using same categories as THE ADDRESS PROVIDED BY THE additional funding/budget period for a item 15. SPONSORING AGENCY. project with a projected completion date. 16. Applicants should contact the State —‘‘Revision’’ means any change in the Single Point of Contact (SPOC) for Federal Federal Government’s financial obligation This is a standard form used by applicants Executive Order 12372 to determine whether or contingent liability from an existing as a required facesheet for preapplications the application is subject to the State obligation. and applications submitted for Federal intergovernmental review process. assistance. It will be used by Federal agencies 9. Name of Federal agency from which 17. This question applies to the applicant to obtain applicant certification that States assistance is being requested with this organization, not the person who signs as the which have established a review and application. authorized representative. Categories of debt comment procedure in response to Executive 10. Use the Catalog of Federal Domestic include delinquent audit allowances, loans Order 12372 and have selected the program Assistance number and title of the program and taxes. to be included in their process, have been under which assistance is requested. 18. To be signed by the authorized given an opportunity to review the 11. Enter a brief descriptive title of the representative of the applicant. A copy of the project. If more than one program is applicant’s submission. governing body’s authorization for you to involved, you should append an explanation sign this application as official representative Item and Entry on a separate sheet. If appropriate (e.g., must be on file in the applicant’s office. 1. Self-explanatory. construction or real property projects), attach (Certain Federal agencies may require that 2. Date application submitted to Federal a map showing project location. For this authorization be submitted as part of the agency (or State, if applicable) & applicant’s preapplications use a separate sheet to application.) control number (if applicable). provide a summary description of this 3. State use only (if applicable). project. BILLING CODE 4184±01±M 26874 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26875
BILLING CODE 4184±01±C 26876 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
Instructions for the SF 424A sheet is used, the first page should provide in-kind contributions are included, provide a the summary totals by programs. brief explanation on a separate sheet. Public reporting burden for this collection Lines 1–4, Columns (c) through (g) Column (a)—Enter the program titles of information is estimated to average 180 identical to Column (a), Section A. A minutes per response, including time for For new applications, leave Columns (c) breakdown by function or activity is not reviewing instructions, searching existing and (d) blank. For each line entry in Columns necessary. data sources, gathering and maintaining the (a) and (b), enter in Columns (e), (f), and (g) Column (b)—Enter the contribution to be data needed, and completing and reviewing the appropriate amounts of funds needed to made by the applicant. the collection of information. Send support the project for the first funding Column (c)—Enter the amount of State’s comments regarding the burden estimate or period (usually a year). cash and in-kind contribution if the applicant any other aspect of this collection of For continuing grant program applications, is not a State or State agency. Applicants information, including suggestions for submit these forms before the end of each which are a State or State agency should reducing this burden, to the Office of funding period as required by the grantor leave this column blank. Management and Budget, Paperwork agency. Enter in Columns (c) and (d) the Column (d)—Enter the amount of cash and Reduction Project (0348–0043), Washington, estimated amounts of funds which will in-kind contributions to be made from all DC 20503. remain unobligated at the end of the grant other sources. PLEASE DO NOT RETURN YOUR funding period only if the Federal grantor Column (e)—Enter totals in Columns (b), COMPLETED FORM TO THE OFFICE OF agency instructions provide for this. (c), and (d). MANAGEMENT AND BUDGET, SEND IT TO Otherwise, leave these columns blank. Enter Line 12—Enter the total for each of THE ADDRESS PROVIDED BY THE in Columns (e) and (f) the amounts of funds Columns (b)–(e). The amount in Column (e) SPONSORING AGENCY. needed for the upcoming period. The should be equal to the amount on Line 5, amount(s) in Column (g) should be the sum Column (f), Section A. of amounts in Columns (e) and (f). General Instructions For supplemental grants and changes to Section D. Forecasted Cash Needs This from is designed so that application existing grants, do not use Columns (c) and Line 13—Enter the amount of cash needed can be made for funds form one or more grant (d). Enter in Column (e) the amount of the by quarter from the grantor agency during the programs. In preparing the budget, adhere to increase or decrease of Federal funds and first year. any existing Federal grantor agency enter in Column (f) the amount of the Line 14—Enter the amount of cash from all guidelines which prescribe how and whether increase or decrease of non-Federal funds. In other sources needed by quarter during the budgeted amounts should be separately Column (g) enter the new total budgeted first year. shown for different functions or activities amount (Federal and non-Federal) which Line 15—Enter the totals of amounts on within the program. For some programs, includes the total previous authorized Lines 13 and 14. grantor agencies may require budgets to be budgeted amounts plus or minus, as separately shown by function or activity. For appropriate, the amounts shown in Columns Section E. Budget Estimates of Federal Funds other programs, grantor agencies may require (e) and (f). The amount(s) in Column (g) Needed for Balance of the Project a breakdown by function or activity. Sections should not equal the sum of amounts in Lines 16–19—Enter in Column (a) the same A, B, C, and D should include budget Columns (e) and (f). grant program titles shown in Column (a), estimates for the whole project except when Line 5—Show the total for all columns Section A. A breakdown by function or applying for assistance which requires used. activity is not necessary. For new Federal authorization in annual or other applications and continuation grant funding period increments. In the latter case, Section B. Budget Categories applications, enter in the proper columns Sections A, B, C, and D should provide the In the column headings (1) through (4), amounts of Federal funds which will be budget for the first budget period (usually a enter the titles of the same programs, needed to complete the program or project year) and Section E should present the need functions, and activities shown on Lines 1– over the succeeding funding periods (usually for Federal assistance in the subsequent 4, Column (a), Section A. When additional in years). This section need not be completed budget periods. All applications should sheets are prepared for Section A, provide for revisions (amendments, changes, or contain a breakdown by the object class similar column headings on each sheet. For supplements) to funds for the current year of categories shown in Lines a-k of Section B. each program, function or activity, fill in the existing grants. total requirements for funds (both Federal Section A. Budget Summary Lines 1–4, If more than four lines are needed to list and non-Federal) by object class categories. Column (a) and (b) the program titles, submit additional Lines 6a–i—Show the totals of Lines 6a to schedules as necessary. For applications pertaining to a single 6h in each column. Federal grant program (Federal Domestic Line 6j—Show the amount of direct cost. Line 20—Enter the total for each of the Assistance Catalog number) and not requiring Line 6k—Enter the total of amounts of Columns (b)–(e). When additional schedules a functional or activity breakdown, enter on Lines 6i and 6j. For all applications for new are prepared for this Section, annotate Line 1 under Column (a) the catalog program grants and continuation grants the total accordingly and show the overall totals on title and the catalog number in Column (b). amount in column (5), Line 6k, should be the this line. For applications pertaining to a single same as the total amount shown in Section Section F. Other Budget Information program requiring budget amounts by A, Column (g), Line 5. For supplemental Line 21—Use this space to explain multiple function of activities, enter the grants and changes to grants, the total amounts for individual direct object-class name of each activity or function on each amount of the increase or decrease as shown cost categories that may appear to be out of line in Column (a), and enter the catalog in Columns (1)–(4), Line 6k, should the same number in Column (b). For applications as the sum of the amounts in Section A, the ordinary or to explain the details as pertaining to multiple programs where none Columns (e) and (f) on Line 5. required by the Federal grantor agency. of the programs require a breakdown by Line 7—Enter the estimated amount of Line 22—Enter the type of indirect rate function or activity, enter the catalog income, if any, expected to be generated from (provisional, predetermined, final or fixed) program title on each line in Column (a) and this project. Do not add or subtract this that will be in effect during the funding the respective catalog number of each line in amount from the total project amount. Show period, the estimated amount of the base to Column (b). under the program narrative statement the which the rate is applied, and the total For applications pertaining to multiple nature and source of income. The estimated indirect expense. programs where one or more programs amount of program income may be Line 23—Provide any other explanations or require a breakdown by function or activity, considered by the federal grantor agency in comments deemed necessary. prepare a separate sheet for each program determining the total amount of the grant. Assurances—Non-Construction requiring the breakdown. Additional sheets Programs should be used when one form does not Section C. Non-Federal Resources provide adequate space for all breakdown of Lines 8–11—Enter amounts of non-Federal Public reporting burden for this collection data required. However, when more than one resources that will be used on the grant. If of information is estimated to average 15 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26877 minutes per response, including time for Treatment Act of 1972 (P.L. 92–255), as underground sources of drinking water under reviewing instructions, searching existing amended, relating to nondiscrimination on the Safe Drinking Water Act of 1974, as data sources, gathering and maintaining the the basis of drug abuse; (f) the amended, (P.L. 93–523); and (h) protection of data needed, and completing and reviewing Comprehensive Alcohol Abuse and endangered species under the Endangered the collection of information. Send Alcoholism Prevention, Treatment and Species Act of 1973, as amended, (P.L. 93– comments regarding the burden estimate or Rehabilitation Act of 1970 (P.L. 91–616), as 205). any other aspect of this collection of amended, relating to nondiscrimination on 12. Will comply with the Wild and Scenic information, including suggestions for the basis of alcohol abuse or alcoholism; Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) reducing this burden, to the Office of (g)§§ 523 and 527 of the Public Health related to protecting components or potential Management and Budget, Paperwork Service Act of 1912 (42 U.S.C. 290 dd–3 and components of the national wild and scenic Reduction Project (0348–0043), Washington, 290 ee–3), as amended, relating to rivers system. DC 20503. confidentiality of alcohol and drug abuse 13. Will assist the awarding agency in PLEASE DO NOT RETURN YOUR patient records; (h) Title VIII of the Civil assuring compliance with Section 106 of the COMPLETED FORM TO THE OFFICE OF Rights Act of 1968 (42 U.S.C. § 3601 et seq.), National Historic Preservation Act of 1966, as MANAGEMENT AND BUDGET, SEND IT TO as amended, relating to non-discrimination amended (16 U.S.C. 470), EO 11593 THE ADDRESS PROVIDED BY THE in the sale, rental or financing of housing; (i) (identification and protection of historic SPONSORING AGENCY. any other nondiscrimination provisions in properties), and the Archaeological and the specific statute(s) under which Historic Preservation Act of 1974 (16 U.S.C. Note: Certain of these assurances may not application for Federal assistance is being 469a–1 et seq.). be applicable to your project or program. If made; and (j) the requirements of any other 14. Will comply with P.L. 93–348 you have questions, please contact the nondiscrimination statue(s) which may apply regarding the protection of human subjects awarding agency. Further, certain Federal to the application. involved in research development, and awarding agencies may require applicants to 7. Will comply, or has already complied, related activities supported by this award of certify to additional assurances. If such is the with the requirements of Titles II and III of assistance. case, you will be notified. the Uniform Relocation Assistance and Real 15. Will comply with the laboratory As the duly authorized representative of Property Acquisition Policies Act of 1970 Animal Welfare Act of 1966 (P.L. 89–544, as the applicant I certify that the applicant: (P.L. 91–646) which provide for fair and amended, 7 U.S.C. 2131 et seq.) pertaining to 1. Has the legal authority to apply for equitable treatment of persons displaced or the care, handling, and treatment of warm Federal assistance and the institutional, whose property is acquired as a result of blooded animals held for research, teaching, managerial and financial capability Federal or federally assisted programs. These or other activities supported by this award of (including funds sufficient to pay the non- requirements apply to all interests in real assistance. Federal share of project costs) to ensure property acquired for project purposes 16. Will comply with the Lead-Based Paint proper planning, management and regardless of Federal participation in Poisoning Prevention Act (42 U.S.C. §§ 4801 completion of the project described in this purchases. et seq.) which prohibits the use of lead based application. 8. Will comply, as applicable, with the paint in construction or rehabilitation of 2. Will give the awarding agency, the provisions of the Hatch Act (5 U.S.C. residence structures. Comptroller General of the United States, and §§ 1501–1508 and 7324–7328) which limit 17. Will cause to be performed the required if appropriate, the State, through any the political activities of employees whose financial and compliance audits in authorized representative, access to and the principal employment activities are funded accordance with the Single Audit Act of 1984 right to examine all records, books, papers, in whole or in part with Federal funds. or OMB Circular No. A–133, Audits of or documents related to the award; and will 9. Will comply, as applicable, with the Institutions of Higher Learning and other establish a proper accounting system in provisions of the Davis-Bacon Act (40 U.S.C. Non-profit Institutions. accordance with generally accepted §§ 276a to 276a–7), the Copeland Act (40 18. Will comply with all applicable accounting standards or agency directives. U.S.C. §§ 276c and 18 U.S.C. §§ 874), and the requirements of all other Federal laws, 3. Will establish safeguards to prohibit Contract Work Hours and Safety Standards executive orders, regulations and policies employees from using their positions for a Act (40 U.S.C. §§ 327–333), regarding labor governing this program. purpose that constitutes or presents the standards for federally assisted construction lllllllllllllllllllll appearance of personal or organizational subagreements. Signature of Authorized Certifying Official conflict of interest, or personal gain. 10. Will comply, if applicable, with flood lllllllllllllllllllll 4. Will initiate and complete the work insurance purchase requirements of Section Title within the applicable time frame after receipt 102(a) of the Flood Disaster Protection Act of lllllllllllllllllllll of approval of the awarding agency. 1973 (P.L. 93–234) which requires recipients Applicant Organization 5. Will comply with the Intergovernmental; in a special flood hazard area to participate lllllllllllllllllllll Personnel Act of 1970 (42 U.S.C. §§ 4728– in the program and to purchase flood Date Submitted 4763) relating to prescribed standards for insurance if the total cost of insurable merit systems for programs funded under one construction and acquisition is $10,000 or Program Narrative to the nineteen statutes or regulations more. This program narrative section was specified in Appendix A of OPM’s Standards 11. Will comply with environmental designed for use by many and varied for a Merit System of Personnel standards which may be prescribed pursuant programs. Consequently, it is not Administration (5 C.F.R. 900, Subpart F). to the following: (a) institution of 6. Will comply with all Federal statutes environmental quality control measures possible to provide specific guidance for relating to nondiscrimination. These include under the National Environmental Policy Act developing a program narrative but are not limited to: (a) Title VI of the Civil of 1969 (P.L. 91–190) and Executive order statement that would be appropriate in Rights Act of 1964 (P.L. 88–352) which (EO) 11514; (b) notification of violating all cases. Applicants must refer the prohibits discrimination on the basis of race, facilities pursuant to EO 11738; (c) protection relevant program announcement for color or national origin; (b) Title IX of the of wetlands pursuant to EO 11990; (d) information on specific program Education Amendments of 1972, as amended evaluation of flood hazards in floodplains in requirements and any additional (20 U.S.C. §§ 1681–1683, and 1685–1686), accordance with EO 11988; (e) assurance of guidelines for preparing the program which prohibits discrimination on the basis project consistency with the approved State narrative statement. The following are of sex; (c) Section 504 of the Rehabilitation management program developed under the Act of 1973, as amended (29 U.S.C. § 794), Coastal Zone Management Act of 1972 (16 general guidelines for preparing a which prohibits discrimination on the basis U.S.C. §§ 1451 et seq.); (f) conformity of program narrative statement. of handicaps; (d) the Age Discrimination Act Federal actions to State (Clear Air) The program narrative provides a of 1975, as amended (42 U.S.C. § 6101–6107), Implementation Plans under Section 176(c) major means by which the application which prohibits discrimination on the basis of the Clear Air Act of 1955, as amended (42 is evaluated and ranked to compete with of age; (e) the Drug Abuse Office and U.S.C. §§ 7401 et seq.); (g) protection of other applications for available 26878 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices assistance. It should be concise and letters of support and testimonials from results, state how you will determine complete and should address the concerned interests other than the the extent to which the program has activity for which Federal funds are applicant may be included. Any achieved its stated objectives and the requested. Supporting documents relevant data based on planning studies extent to which the accomplishment of should be included where they can should be included or referenced in the objectives can be attributed to the present information clearly and endnotes/footnotes. Incorporate program. Discuss the criteria to be used succinctly. Applicants are encouraged demographic data and participant/ to evaluate results; explain the to provide information on their beneficiary information, as needed. In methodology that will be used to organizational structure, staff, related developing the narrative, the applicant determine if the needs identified and experience, and other information may volunteer or be requested to discussed are being met and if the considered to be relevant. Awarding provide information on the total range project results and benefits are being offices use this and other information to of projects currently conducted and achieved. With respect to the conduct of determine whether the applicant has the supported (or to be initiated), some of your program, define the procedures capability and resources necessary to which may be outside the scope of the you will employ to determine whether carry out the proposed project. It is program announcement. the program is being conducted in a manner consistent with the work plan important, therefore, that this 3. Results or Benefits Expected information be included in the you presented and discuss the impact of application. However, in the narrative Identify results and benefits to be the program’s various activities upon the applicant must distinguish between derived. For example, when applying the program’s effectiveness. for a grant to establish a neighborhood resources directly related to the 6. Geographic Location proposed project from those which will child care center, describe who will not be used in support of the specific occupy the facility, who will use the Give the precise location of the project for which funds are requested. facility, how the facility will be used, project and boundaries of the area to be Cross-referencing should be used and how the facility will benefit the served by the proposed project. Maps or rather than repetition. ACF is community which it will serve. other graphic aids may be attached. particularly interested in specific factual 4. Approach 7. Additional Information (Include if information and statements of Applicable) measurable goals in quantitative terms. Outline a plan of action which Additional information may be Narratives are evaluated on the basis of describes the scope and detail of how provided in the body of the program substance, not length. Extensive exhibits the proposed work will be narrative or in the appendix. Refer to are not required. (Supporting accomplished. Account for all functions the program announcement and information concerning activities which or activities identified in the ‘‘General Information and Instructions’’ will not be directly funded by the grant application. Cite factors which might for guidance on placement of or information which does not directly accelerate or decelerate the work and application materials. pertain to an integral part of the grant state your reason for taking this Staff and Position Data—Provide a funded activity should be placed in an approach rather than others. Describe biographical sketch for key personnel appendix.) Pages should be numbered any unusual features of the project such appointed and a job description for each for easy reference. as design or technological innovations, vacant key position. Some programs Prepare the program narrative reductions in cost or time, or require both for all positions. Refer to statement in accordance with the extraordinary social and community the program announcement for guidance following instructions: involvement. Provide quantitative monthly or on presenting this information. • Applicants submitting new quarterly projections of the Generally, a biographical sketch is applications or competing continuation accomplishments to be achieved for require for original staff and new applications should respond to Items A each function or activity in such terms members as appointed. and D. as the number of people to be served Plan for Project Continuance Beyond • Applicants submitting and the number of microloans made. Grant Support—A plan for securing noncompeting continuation When accomplishments cannot be resources and continuing project applications should respond to Item B. • quantified by activity or function, list activities after Federal assistance has Applicants requesting supplemental ceased. assistance should respond to Item C. them in chronological order to show the schedule of accomplishments and their Business Plan—When federal grant A. Project Description—Components target dates. funds will be used to make an equity Identify the kinds of data to be investment, provide a business plan. 1. Project Summary/Abstract collected, maintained, and/or Refer to the program announcement for A summary of the project description disseminated. (Note that clearance from guidance on presenting this (usually a page or less) with reference to the U.S. Office of Management and information. the funding request should be placed Budget might be needed prior to an Organization Profiles—Information on directly behind the table of contents or information collection.) List applicant organizations and their SF–424. organizations, cooperating entities, cooperating partners such as organization charts, financial 2. Objectives and Need for Assistance consultants, or other key individuals who will work or the project along with statements, audit reports or statements Applicants must clearly identify the a short description of the nature of their from CPA/Licensed Public Accountant, physical, economic, social, financial, effort or contribution. Employer Identification Numbers, institutional, or other problem(s) names of bond carriers, contact persons requiring a solution. The need for 5. Evaluation and telephone numbers, child care assistance must be demonstrated and Provide a narrative addressing how licenses and other documentation of the principal and subordinate objectives you will evaluate (1) the results of your professional accreditation, information of the project must be clearly stated; project and (2) the conduct of your on compliance with federal/state/local supporting documentation such as program. In addressing the evaluation of government standards, documentation Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26879 of experience in program area, and other A full application consists of all known. For each staff person, show pertinent information. Any non-profit elements required for an abbreviated name/title, time commitment to the organization submitting an application application plus: project (in months), time commitment to must submit proof of its non-profit 1. Program narrative information the project (as a percentage or full-time status in its application at the time of explaining significant changes to the equivalent), annual salary, grant salary, submission. The non-profit agency can original program narrative statement, a wage rates, etc. Do not include costs of accomplish this by providing a copy of description of accomplishments from consultants or personnel costs of the applicant’s listing in the Internal the prior budget period, a projection of delegate agencies or of specific Revenue Service’s (IRS) most recent list accomplishments throughout the entire project(s) or businesses to be financed of tax-exempt organizations described in remaining project period, and any other by the applicant. Section 501(c)(3) of the IRS code or by supplemental information that ACF Fringe Benefits. Costs of employee providing a copy of the currently valid informs the grantee is necessary. fringe benefits unless treated as part of IRS tax exemption certificate, or by 2. A full budget proposal for the an approved indirect cost rate. providing a copy of the articles of budget period under consideration with Justification: Provide a breakdown of incorporation bearing the seal of the a full cost analysis of all budget amounts and percentages that comprise State in which the corporation or categories. fringe benefit costs, such as health association is domiciled. 3. A corrective action plan, if insurance, FICA, retirement insurance, Dissemination Plan—A plan for requested by ACF, to address taxes, etc. distributing reports and other project organizational performance weaknesses. Travel. Costs of project related travel outputs to colleagues and the public. C. Supplemental Requests by employees of the applicant Applicants must provide a description organization (does not include cost of For supplemental assistance requests, of the kind, volume and timing of consultant travel). explain the reason for the request and distribution. Justificaiton: For each trip, show the justify the need for additional funding. total number of traveler(s), travel Third-Party Agreements—Written Provide a budget and budget destination, duration of trip, per diem, agreements between grantees and justification only for those items for mileage allowances, if privately owned subgrantees or subcontractors or other which additional funds are requested. vehicles will be used, and other cooperating entities. These agreements (See Item D for guidelines on preparing transportation costs and subsistence may detail scope of work, work a budget and budget justification.) schedules, remuneration, and other allowances. Travel costs for key staff to terms and conditions that structure or D. Budget and Budget Justification attend ACF sponsored workshops as define the relationship. Provide line item detail and detailed specified in this program announcement Waiver Request—A statement of calculations for each budget object class should be detailed in the budget. program requirements for which identified on the Budget Information Equipment. Costs of all non- waivers will be needed to permit the form. Detailed calculations must expendable, tangible personal property proposed project to be conducted. include estimation methods, quantities, to be acquired by the project where each Letters of Support—Statements from unit costs, and other similar quantitative article has a useful life of more than one community, public and commercial detail sufficient for the calculation to be year and an acquisition cost which leaders which support the project duplicated. The detailed budget must equals the lesser of (a) the capitalization proposed for funding. also include a breakout by the funding level established by the applicant sources identified in Block 15 of the SF– organization for financial statement B. Noncompeting Continuation 424. purposes, or (b) $5000. Applications Provide a narrative budget Justification: For each type of A program narrative usually will not justification which describes how the equipment requested, provide a be required for noncompeting categorical costs are derived. Discuss description of the equipment, cost per continuation applications for the necessity, reasonableness, and unit, number of units, total cost, and a nonconstruction programs. allocability of the proposed costs. plan for use on the project, as well as Noncompeting continuation The following guidelines are for use or disposal of the equipment after applications shall be abbreviated unless preparing the budget and budget the project ends. the ACF Program Office administering justification. Both federal and non- Supplies. Costs of all tangible this program has issued a notice to the federal resources should be detailed and personal property (supplies) other than grantee that a full application will be justified in the budget and narrative that included under the Equipment required. justification. For purposes of preparing category. Justification: Specify general An abbreviated application consists the program narrative, ‘‘federal categories of supplies and their costs. of: resources’’ refers only to the ACF grant for which you are applying. Non- Show computations and provide other 1. The Standard Form 424 series (SF Federal resources are all other federal information which supports the amount 424, SF 424A, SF–424B). and non-federal resources. It is requested. 2. The estimated or actual unobligated suggested that for the budget, applicants Contractual. Costs of all contracts for balance remaining from the previous use a column format: Column 1, object services and goods except for those budget period should be identified on class categories; Column 2, federal which belong under other categories an accurate SF–269 as well as in Section budget amounts; Column 3, non-federal such as equipment, supplies, A, Columns (c) and (d) of the SF–424A. budget amounts, and Column 4, total construction, etc. Third-party evaluation 3. The grant budget, broken down into amounts. The budget justification contracts (if applicable) and contracts the object class categories on the 424A, should be a narrative. with secondary recipient organizations and if category ‘‘other’’ is used, the Personnel. Cost of employee salaries including delegate agencies and specific specific items supported must be and wages. project(s) or businesses to be financed identified. Justification: Identify the project by the applicant should be included 4. Required certifications. director or principal investigator, if under this category. 26880 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
Justification: All procurement Services (DHHS). If the rate agreement 2. The inability of a person to provide transactions shall be conducted in a was negotiated with the Department of the certification required below will not manner to provide, to the maximum Health and Human Services, the necessarily result in denial of extent practical, open and free applicant should state this in the budget participation in this covered competition. If procurement justification. If the applicant transaction. The prospective participant competitions were held or if a sole organization is in the process of initially shall submit an explanation of why it source procurement is being proposed, developing or renegotiating a rate, it cannot provide the certification set out attach a list of proposed contractors, should immediately upon notification below. The certification or explanation indicating the names of the that an award will be made, develop a will be considered in connection with organizations, the purposes of the tentative indirect cost rate proposal the department or agency’s contracts, the estimated dollar amounts, based on its most recently completed determination whether to enter into this and the award selection process. Also fiscal year in accordance with the transaction. However, failure of the provide back-up documentation where principles set forth in the pertinent prospective primary participant to necessary to support selection process. DHHS Guide for Establishing Indirect furnish a certification or an explanation Note: Whenever the applicant/grantee Cost Rates, and submit it to the shall disqualify such person from intends to delegate part of the program to appropriate DHHS Regional Office. participation in this transaction. another agency, the applicant/grantee must Applicants awaiting approval of their 3. The certification in this clause is a provide a detailed budget and budget indirect cost proposals may also request material representation of fact upon narrative for each delegate agency by agency indirect costs. It should be noted that which reliance was placed when the title, along with the required supporting when an indirect cost rate is requested, department or agency determined to information referenced in these instructions. those costs included in the indirect cost enter into this transaction. If it is later Applicants must identify and justify pool should not be also charged as determined that the prospective primary any anticipated procurement that is direct costs to the grant. Also, if the participant knowingly rendered an expected to exceed the simplified applicant is requesting a rate which is erroneous certification, in addition to purchase threshold (currently set at less than what is allowed under this other remedies available to the Federal $100,000) and to be awarded without program announcement, the authorized Government, the department or agency competition. Recipients are required to representative of your organization may terminate this transaction for cause make available to ACF pre-award review needs to submit a signed or default. and procurement documents, such as acknowledgement that the applicant is 4. The prospective primary request for proposals or invitations for accepting a lower rate than allowed. participant shall provide immediate bids, independent cost estimates, etc. written notice to the department or Program Income. The estimated under the conditions identified at 45 agency to which this proposal is amount of income, if any, expected to be CFR Part 74.44(e). submitted if at any time the prospective Construction. Costs of construction by generated from this project. Separately primary participant learns that its applicant or contractor. show expected program income certification was erroneous when Justification: Provide detailed budget generated from program support and submitted or has become erroneous by and narrative in accordance with income generated from other mobilized reason by changed circumstances. instructions for other object class funds. Do not add or subtract this 5. The terms covered transaction, categories. Identify which construction amount from the budget total. Show the debarred, suspended, ineligible, lower activity/costs will be contractual and nature and source of income in the tier covered transaction, participant, which will be assumed by the applicant. program narrative statement. person, primary covered transaction, Other. Enter the total of all other Justification: Describe the nature, principal, proposal, and voluntarily costs. Such costs, where applicable and source and anticipated use of program excluded, as used in this clause, have appropriate, may include but are not income in the budget or reference pages the meanings set out in the Definitions limited to insurance, food, medical and in the program narrative statement and Coverage sections of the rules dental costs (noncontractual), fees and which contain this information. implementing Executive Order 12549. travel paid directly to individual Non-Federal Resources. Amounts of You may contact the department or consultants, space and equipment non-Federal resources that will be used agency to which this proposal is being rentals, printing and publication, to support the project as identified in submitted for assistance in obtaining a computer use, training costs, including Block 15 of the SF–424. copy of those regulations. tuition and stipends, training service Justification: The firm commitment of 6. The prospective primary costs including wage payments to these resources must be documented participant agrees by submitting this individuals and supportive service and submitted with the application in proposal that, should the proposed payments, and staff development costs. order to be given credit in the review covered transaction be entered into, it Indirect Charges. Total amount of process. shall not knowingly enter into any indirect costs. This category should be Total Direct Charges, Total Indirect lower tier covered transaction with a used only when the applicant currently Charges, Total Project Costs. (self person who is proposed for debarment has an indirect cost rate approved by the explanatory) under 48 CFR part 9, subpart 9.4, Department of Health and Human debarred, suspended, declared Services or another cognizant Federal Certification Regarding Debarment, ineligible, or voluntarily excluded from agency. Suspension, and Other Responsibility participation in this covered Justification: With the exception of Matters—Primary Covered transaction, unless authorized by the most local government agencies, an Transactions department or agency entering into this applicant which will charge indirect Instructions for Certification transaction. costs to the grant must enclose a copy 7. The prospective primary of the current rate agreement if the 1. By signing and submitting this participant further agrees by submitting agreement was negotiated with a proposal, the prospective primary this proposal that it will include the cognizant Federal agency other than the participant is providing the certification clause titled ‘‘Certification Regarding Department of Health and Human set out below. Debarment, Suspension, Ineligibility Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26881 and Voluntary Exclusion-Lower Tier (Federal, State or local) transaction or 5. The prospective lower tier Covered Transaction,’’ provided by the contract under a public transaction; participant agrees by submitting this department or agency entering into this violation of Federal or State antitrust proposal that, [[Page 33043]] should the covered transaction, without statutes or commission of proposed covered transaction be entered modification, in all lower tier covered embezzlement, theft, forgery, bribery, into, it shall not knowingly enter into transactions and in all solicitations for falsification or destruction of records, any lower tier covered transaction with lower tier covered transactions. making false statements, or receiving a person who is proposed for debarment 8. A participant in a covered stolen property; under 48 CFR part 9, subpart 9.4, transaction may rely upon a certification (c) Are not presently indicted for or debarred, suspended, declared of a prospective participant in a lower otherwise criminally or civilly charged ineligible, or voluntarily excluded from tier covered transaction that it is not by a governmental entity (Federal, State participation in this covered proposed for debarment under 48 CFR or local) with commission of any of the transaction, unless authorized by the part 9, subpart 9.4, debarred, offenses enumerated in paragraph (1)(b) department or agency with which this suspended, ineligible, or voluntarily of this certification; and transaction originated. excluded from the covered transaction, (d) Have not within a three-year unless it knows that the certification is period preceding this application/ 6. The prospective lower tier erroneous. A participant may decide the proposal had one or more public participant further agrees by submitting method and frequency by which it transactions (Federal, State or local) this proposal that it will include this determines the eligibility of its terminated for cause or default. clause titled ‘‘Certification Regarding principals. Each participant may, but is (2) Where the prospective primary Debarment, Suspension, Ineligibility not required to, check the List of Parties participant is unable to certify to any of and Voluntary Exclusion-Lower Tier Excluded from Federal Procurement and the statements in this certification, such Covered Transaction,’’ without Nonprocurement Programs. prospective participant shall attach an modification, in all lower tier covered 9. Nothing contained in the foregoing explanation to this proposal. transactions and in all solicitions for shall be construed to require lower tier covered transactions. establishment of a system of records in Certification Regarding Debarment, 7. A participant in a covered order to render in good faith the Suspension, Ineligibility and Voluntary transaction may rely upon a certification certification required by this clause. The Exclusion—Lower Tier Covered of a prospective participant in a lower knowledge and information of a Transactions tier covered transaction that it is not participant is not required to exceed Instructions for Certification that which is normally possessed by a proposed for debarment under 48 CFR prudent person in the ordinary course of 1. By signing and submitting this part 9, subpart 9.4, debarred, business dealings. proposal, the prospective lower tier suspended, ineligible, or voluntarily 10. Except for transactions authorized participant is providing the certification excluded from covered transaction, under paragraph 6 of these instructions, set out below. unless it knows that the certification is if a participant in a covered transaction 2. The certification in this clause is a erroneous. A participant may decide the knowingly enters into a lower tier material representation of fact upon method and frequency by which it covered transaction with a person who which reliance was placed when this determines the eligibility of its is proposed to debarment under 48 CFR transaction was entered into. If it is later principals. Each participant may, but is part 9, subpart 9.4, suspended, determined that the prospective lower not required to, check the List of Parties debarred, ineligible, or voluntarily tier participant knowingly rendered an Excluded from Federal Procurement and excluded from participation in this erroneous certification, in addition to Nonprocurement Programs. transaction, in addition to other other remedies available to the Federal 8. Nothing contained in the foregoing remedies available to the Federal Government the department or agency shall be construed to require Government, the department or agency with which this transaction originated establishment of a system of records in may pursue available remedies, may terminate this transaction for cause order to render in good faith the including suspension and/or debarment. of default. certification required by this clause. The 3. The prospective lower tier knowledge and information of a Certification Regarding Debarment, participant shall provide immediate participant is not required to exceed Suspension, and Other Responsibility written notice to the person to which that which is normally possessed by a Matters—Primary Covered this proposal is submitted if at any time prudent person in the ordinary course of Transactions the prospective lower tier participant business dealings. (1) The prospective primary learns that its certification was participant certifies to the best of its erroneous when submitted or had 9. Except for transactions authorized knowledge and belief, that it and its become erroneous by reason of changed under paragraph 5 of these instructions, principals: circumstances. if a participant in a covered transaction (a) Are not presently debarred, 4. The terms covered transaction, knowingly enters into a lower tier suspended, proposed for debarment, debarred, suspended, ineligible, lower covered transaction with a person who declared ineligible, or voluntarily tier covered transaction, participant, is proposed for debarment under 48 CFR excluded by any Federal department or person, primary covered transaction, part 9, subpart 9.4, suspended, agency; principal, proposal, and voluntarily debarred, ineligible, or voluntarily (b) Have not within a three-year excluded, as used in this clause, have excluded from participation in this period preceding this proposal been the meaning set out in the Definitions transaction, in addition to other convicted of or had a civil judgment and Coverage sections of rules remedies available to the Federal rendered against them for commission implementing Executive Order 12549. Government, the department or agency of fraud or a criminal offense in You may contact the person to which with which this transaction originated connection with obtaining, attempting this proposal is submitted for assistance may pursue available remedies, to obtain, or performing a public in obtaining a copy of those regulations. including suspension and/or debarment. 26882 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
Certification Regarding Debarment, transit authority or State highway department (4) The penalties that may be imposed Suspension, Ineligibility and Voluntary while in operation, State employees in each upon employees for drug abuse Exclusion—Lower Tier Covered local unemployment office, performers in violations occurring in the workplace. Transactions concert halls or radio studios). 7. If the workplace identified to the agency (c) Making it a requirement that each (1) The prospective lower tier changes during the performance of the grant, employee to be engaged in the participant certifies, by submission of the grantee shall inform the agency of the performance of the grant be given a copy this proposal, that neither it nor its change(s), if it previously identified the of the statement required by paragraph principals is presently debarred, workplaces in question (see paragraph five). (a); 8. Definitions of terms in the suspended, proposed for debarment, (d) Notifying the employee in the declared ineligible, or voluntarily Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace statement required by paragraph (a) that, excluded from participation in this common rule apply to this certification. as a condition of employment under the transaction by any Federal department Grantee’s attention is called, in particular, to grant, the employee will— or agency. the following definitions from these rules: (2) Where the prospective lower tier Controlled substance means a controlled (1) Abide by the terms of the participant is unable to certify to any of substance in Schedules I through V of the statement; and the statements in this certification, such Controlled Substances Act (21 U.S.C. 812) (2) Notify the employer in writing of prospective participant shall attach an and as further defined by regulation (21 CFR his or her conviction for a violation of explanation to this proposal. 1308.11 through 1308.15); a criminal drug statute occurring in the This certification is required by the Conviction means a finding of guilt workplace no later than five calendar (including a plea of nolo contendere) or regulations implementing the Drug-Free days after such conviction; Workplace Act of 1988: 45 CFR Part 76, imposition of sentence, or both, by any Subpart, F. Sections 76.630 (c) and (d)(2) and judicial body charged with the responsibility (e) Notifying the agency in writing, 76.645 (a)(1) and (b) provide that a Federal to determine violations of the Federal or within ten calendar days after receiving agency may designate a central receipt point State criminal drug statutes; notice under paragraph (d)(2) from an for STATE-WIDE AND AGENCY-WIDE Criminal drug statute means a Federal or employee or otherwise receiving actual certifications, and for notification of criminal non-Federal criminal statute involving the notice of such conviction. Employers of manufacturer, distribution, dispensing, use, drug convictions. For the Department of convicted employees must provide Health and Human Services, the central point or possession of any controlled substance; Employee means the employee of a grantee notice, including position title, to every is: Division of Grants Management and grant officer or other designee on whose Oversight, Office of Management and directly engaged in the performance of work Acquisition, Department of Health and under a grant, including: (i) All direct charge grant activity the convicted employee Human Services, Room 517–D, 200 employees; (ii) All indirect charge employees was working, unless the Federal agency Independence Avenue, SW., Washington, DC unless their impact or involvement is has designated a central point for the 20201. insignificant to the performance of the grant; receipt of such notices. Notice shall and, (iii) Temporary personnel and include the identification number(s) of consultants who are directly engaged in the each affected grant; Certification Regarding Drug-Free Workplace performance of work under the grant and Requirements (Instructions for Certification) who are on the grantee’s payroll. This (f) Taking one of the following 1. By signing and/or submitting this definition does not include workers not on actions, within 30 calendar days of application or grant agreement, the grantee is the payroll of the grantee (e.g., volunteers, receiving notice under paragraph (d) (2), providing the certification set out below. even if used to meet a matching requirement; with respect to any employee who is so 2. The certification set out below is a consultants or independent contractors not convicted— material representation of fact upon which on the grantee’s payroll; or employees of reliance is placed when the agency awards subrecipients or subcontractors in covered (1) Taking appropriate personnel the grant. If it is later determined that the workplaces). action against such an employee, up to grantee knowingly rendered a false and including termination, consistent Certification Regarding Drug-Free certification, or otherwise violates the with the requirements of the requirements of the Drug-Free Workplace Workplace Requirements Rehabilitation Act of 1973, as amended; Act, the agency, in addition to any other remedies available to the Federal Alternate 1. (Grantees Others Than or Government, may take action authorized Individuals) (2) Requiring such employee to under the Drug-Free Workplace Act. The grantee certifies that it will or participate satisfactorily in a drug abuse 3. For grantees other than individuals, will continue to provide a drug-free assistance or rehabilitation program Alternate I applies. workplace by: approved for such purposes by a 4. For grantees who are individuals, (a) Publishing a statement notifying Federal, State, or local health, law Alternate II applies. 5. Workplaces under grants, for grantees employees that the unlawful enforcement, or other appropriate other than individuals, need not be identified manufacture, distribution, dispensing, agency; on the certification. If known, they may be possession, or use of a controlled (g) Making a good faith effort to identified in the grant application. If the substance is prohibited in the grantee’s continue to maintain a drug-free grantee does not identify the workplaces at workplace and specifying the actions workplace through implementation of the time of application, or upon award, if that will be taken against employees for paragraphs (a), (b), (c), (d), (e) and (f). there is no application, the grantee must keep violation of such prohibition; the identify of the workplace(s) on file in its (b) Establishing an ongoing drug-free (B) The grantee may insert in the office and make the information available for awareness program to inform employees space provided below the site(s) for the Federal inspection. Failure to identify all about— performance of work done in known workplaces constitutes a violation of (1) The dangers of drug abuse in the connection with the specific grant: the grantee’s drug-free workplace requirements. workplace; Place of Performance (Street address, city, 6. Workplace identifications must include (2) The grantee’s policy of county, state, zip code) the actual address of buildings (or parts of maintaining a drug-free workplace; lllllllllllllllllllll buildings) or other sites where work under (3) Any available drug counseling, lllllllllllllllllllll the grant takes place. Categorical descriptions rehabilitation, and employee assistance Check b if there are workplaces on file that may be used (e.g., all vehicles of a mass programs; and are not identified here. Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26883
Alternate II. (Grantees Who Are loan, the entering into of any penalty of not less than $10,000 and not Individuals) cooperative agreement, and the more than $100,000 for each such (a) The grantee certifies that, as a extension, continuation, renewal, failure. amendment, or modification of any condition of the grant, he or she will not Statement for Loan Guarantees and Federal contract, grant, loan, or engage in the unlawful manufacture, Loan Insurance distribution, dispensing, possession, or cooperative agreement. use of a controlled substance in (2) If any funds other than Federal The undersigned states, to the best of conducting any activity with the grant; appropriated funds have been paid or his or her knowledge and belief, that: will be paid to any person for (b) If convicted of a criminal drug If any funds have been paid or will be influencing or attempting to influence offense resulting from a violation paid to any person for influencing or an officer or employee of any agency, a occurring during the conduct of any attempting to influence an officer or Member of Congress, an officer or grant activity, he or she will report the employee of any agency, a Member of employee of Congress, or an employee conviction, in writing, within 10 Congress, an officer or employee of of a Member of Congress in connection calendar days of the conviction, to every Congress, or an employee of a Member with this Federal contract, grant, loan, grant officer or other designee, unless of Congress in connection with this the Federal agency designates a central or cooperative agreement, the commitment providing for the United point for the receipt of such notices. undersigned shall complete and submit States to insure or guarantee a loan, the When notice is made to such a central Standard Form—LLL, ‘‘Disclosure Form undersigned shall complete and submit point, it shall include the identification to Report Lobbying,’’ in accordance with Standard Form—LLL, ‘‘Disclosure Form number(s) of each affected grant. its instructions. to Report Lobbying,’’ in accordance with [55 FR 21690, 21702, May 25, 1990] (3) The undersigned shall require that its instructions. Submission of this Certification Regarding Lobbying the language of this certification be statement is a prerequisite for making or included in the award documents for all entering into this transaction imposed Certification for Contracts, Grants, subawards at all tiers (including by section 1352, title 31, U.S. Code. Any Loans, and Cooperative Agreements subcontracts, subgrants, and contracts person who fails to file the required The undersigned certifies, to the best under grants, loans, and cooperative statement shall be subject to a civil of his or her knowledge and belief, that: agreements) and that all subrecipients penalty of not less than $10,000 and not (1) No Federal appropriated funds shall certify and disclose accordingly. more than $100,000 for each such have been paid or will be paid, by or on This certification is a material failure. behalf of the undersigned, to any person representation of fact upon which lllllllllllllllllllll for influencing or attempting to reliance was placed when this Signature influence an officer or employee of an transaction was made or entered into. lllllllllllllllllllll agency, a Member of Congress, an Submission of this certification is a Title officer or employee of Congress, or an prerequisite for making or entering into lllllllllllllllllllll employee of a Member of Congress in this transaction imposed by section Organization lllllllllllllllllllll connection with the awarding of any 1352, title 31, U.S. Code. Any person Federal contract, the making of any who fails to file the required Date Federal grant, the making of any Federal certification shall be subject to a civil BILLING CODE 4184±01±M 26884 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
BILLING CODE 4184±01±C Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26885
Certification Regarding Environmental 1401, Dover, Delaware 19903, 21201–2365, Staff Contact: Linda Tobacco Smoke Telephone: (302) 739–3226, FAX: Janey, Telephone: (410) 225–4490, Public Law 103–227, Part C— (302) 739–5661 FAX: (410) 225–4480 Environmental Tobacco Smoke, also District of Columbia Michigan known as the Pro-Children Act of 1994 Charles Nichols, State Single Point of Richard Pfaff, Southeast Michigan (Act), requires that smoking not be Contact, Office of Grants Mgmt. & Council of Governments, 1900 Edison permitted in any portion of any indoor Dev., 717 14th Street, N.W.—Suite Plaza, 660 Plaza Drive, Detroit, routinely owned or leased or contracted 500, Washington, D.C. 20005, Michigan 48226, Telephone: (313) for by an entity and used routinely or Telephone: (202) 727–6554, FAX: 961–4266, FAX: (313) 961–4869 regularly for provision of health, day (202) 727–1617 care, education, or library services to Mississippi children under the age of 18, if the Florida Cathy Malette, Clearinghouse Officer, services are funded by Federal programs Florida State Clearinghouse, Department Department of Finance and either directly or through State or local of Community Affairs, 2740 Administration, 455 North Lamar governments, by Federal grant, contract, Centerview Drive, Tallahassee, Street, Jackson, Mississippi 39202– loan, or loan guarantee. The law does Florida 32399–2100, Telephone: (904) 3087, Telephone: (601) 359–6762, not apply to children’s services 922–5438, FAX: (904) 487–2899 FAX: (601) 359–6764 provided in private residences, facilities funded solely by Medicare or Medicaid Georgia Missouri funds, and portions of facilities used for Tom L. Reid, III, Administrator, Georgia Lois Pohl, Federal Assistance inpatient drug or alcohol treatment. State Clearinghouse, 254 Washington Clearinghouse, Office of Failure to comply with the provisions of Street, S.W.—Room 401J, Atlanta, Administration, P.O. Box 809, Room the law may result in the imposition of Georgia 30334, Telephone: (404) 656– 760, Truman Building, Jefferson City, a civil monetary penalty of up to $1000 3855 or (404) 656–3829, FAX: (404) Missouri 65102, Telephone: (314) per day and/or the imposition of an 656–7938 751–4834, FAX: (314) 751–7819 administrative compliance order on the Illinois Nevada responsible entity. By signing and submitting this Virginia Bova, State Single Point of Department of Administration, State application the applicant/grantee Contact, Department of Commerce Clearinghouse, Capitol Complex, certifies that it will comply with the and Community Affairs, James R. Carson City, Nevada 89710, requirements of the Act. The applicant/ Thompson Center, 100 West Telephone: (702) 687–4065, FAX: grantee further agrees that it will require Randolph, Suite 3–400, Chicago, (702) 687–3983 Illinois 60601, Telephone: (312) 814– the language of this certification be New Hampshire included in any subawards which 6028, FAX: (312) 814–1800 Jeffrey H. Taylor, Director, New contain provisions for the children’s Indiana services and that all subgrantees shall Hampshire Office of State Planning, certify accordingly. Frances Williams, State Budget Agency, Attn: Intergovernmental Review 212 State House, Indianapolis, Process, Mike Blake, 21⁄2 Beacon OMB State Single Point of Contact Indiana 46204–2796, Telephone: (317) Street, Concord, New Hampshire Listing 232–5619, FAX: (317) 233–3323 03301, Telephone: (603) 271–2155, FAX: (603) 271–1728 Arizona Iowa Joni Saad, Arizona State Clearinghouse, Steven R. McCann, Division for New Mexico 3800 N. Central Avenue, Fourteenth Community Assistance, Iowa Robert Peters, State Budget Division, Floor, Phoenix, Arizona 85012, Department of Economic Room 190 Bataan Memorial Building, Telephone (602) 280–1315, FAX: Development, 200 East Grand Santa Fe, New Mexico 87503, (602) 280–8144 Avenue, Des Moines, Iowa 50309, Telephone: (505) 827–3640 Telephone: (515) 242–4719, FAX: Arkansas New York (515) 242–4859 Mr. Tracy L. Copeland, Manager, State New York State Clearinghouse, Division Clearinghouse, Office of Kentucky of the Budget, State Capitol, Albany, Intergovernmental Services, Ronald W. Cook, Office of the Governor, New York 12224, Telephone: (518) Department of Finance and Department of Local Government, 474–1605, FAX: (518) 486–5617 Administration, 1515 W. 7th St., 1024 Capitol Center Drive, Frankfort, North Carolina Room 412, Little Rock, Arkansas Kentucky 40601–8204, Telephone: 72203, Telephone: (501) 682–1074, (502) 573–2382, FAX: (502) 573–2512 Chrys Baggett, Director, N.C. State FAX: (501) 682–5206 Clearinghouse, Office of the Secretary Maine of Admin., 116 West Jones Street, California Joyce Benson, State Planning Office, Raleigh, North Carolina 27603–8003, Grants Coordinator, Office of Planning & State House Station #38, Augusta, Telephone: (919) 733–7232, FAX: Research, 1400 Tenth Street, Room Maine 04333, Telephone: (207) 287– (919) 733–9571 121, Sacramento, California 95814, 3261, FAX: (207) 287–6489 North Dakota Telephone (916) 323–7480, FAX: Maryland (916) 323–3018 North Dakota Single Point of Contact, William G. Carroll, Manager, State Office of Intergovernmental Delaware Clearinghouse for Intergovernmental Assistance, 600 East Boulevard Francine Booth, State Single Point of Assistance, Maryland Office of Avenue, Bismarck, North Dakota Contact Executive Department, Planning, 301 W. Preston Street— 58505–0170, Telephone: (701) 224– Thomas Collins Building, P.O. Box Room 1104, Baltimore, Maryland 2094, FAX: (701) 224–2308 26886 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
Ohio Territories Delaware Larry Weaver, State Single Point of Guam Francine Booth, State Single Point of Contact, State Clearinghouse, Office of Mr. Giovanni T. Sgambelluri, Director, Contact Executive Department, Budget and Management, 30 East Bureau of Budget and Management Thomas Collins Building, P.O. Box Broad Street, 34th Floor, Columbus, Research, Office of the Governor, P.O. 1401, Dover, Delaware 19903, Ohio 43266–0411 Box 2930, Agana, Guam 96910, Telephone: (302) 739–3326, FAX: Please direct correspondence and Telephone: 011–671–472–2285, FAX: (302) 739–5661 questions about intergovernmental 011–671–472–2825 District of Columbia review to: Linda Wise, Telephone: (614) 466–0698, FAX: (614) 466–5400. Puerto Rico Charles Nichols, State Single Point of Contact, Office of Grants Mgmt. & Rhode Island Norma Burgos/Jose E. Caro, Chairwoman/Director, Puerto Rico Dev., 717 14th Street, N.W.—Suite Kevin Nelson, Review Coordinator, Planning Board, Federal Proposals 500, Washington, D.C. 20005, Department of Administration, Review Office, Minillas Government Telephone: (202) 727–6554, FAX: Division of Planning, One Capitol Center, P.O. Box 41119, San Juan, (202) 727–1617 Hill, 4th Floor, Providence, Rhode Puerto Rico 00940–1119, Telephone: Florida Island 02908–5870, Telephone: (401) (809) 727–4444, (809) 723–6190, FAX: 277–2656, FAX: (401) 277–2083 (809) 724–3270, (809) 724–3103 Florida State Clearinghouse, Department Please direct correspondence and of Community Affairs, 2740 questions to: Review Coordinator, Office North Mariana Islands Centerview Drive, Tallahassee, of Strategic Planning. Mr. Alvaro A. Santos, Executive Officer, Florida 32399–2100, Telephone: (904) State Single Point of Contact, Office of 922–5438, FAX: (904) 487–2899 South Carolina Management and Budget, Office of the Georgia Rodney, Grizzle, State Single Point of Governor, Saipan, MP, Telephone: Contact, Grant Services, Office of the (670) 664–2256, FAX: (670) 644–2272, Tom L. Reid, III, Administrator, Georgia Governor, 1205 Pendleton Street— Contact Person: Ms. Jacoba T. Seaman, State Clearinghouse, 254 Washington Room 331, Columbia, South Carolina Federal Programs Coordinator, Street, S.W.—Room 401J, Atlanta, 29201, Telephone: (803) 734–0356, Telephone: (670) 644–2289, FAX: Georgia 30334, Telephone: (404) 656– FAX: (803) 734–0356 (670) 644–2272 3855 or (404) 656–3829, FAX: (404) 656–7938 Texas Virgin Islands Tom Adams, Governors Office, Director, Nelson Bowry, Director, Office of Illinois Intergovernmental Coordination, P.O. Management and Budget, #41 Virginia Bova, State Single Point of Box 12428, Austin, Texas 78711, Norregade Emancipation Garden Contact, Department of Commerce Telephone: (512) 463–1771, FAX: Station, Second Floor, Saint Thomas, and Community Affairs, James R. (512) 463–1888 Virgin Islands 00802 Thompson Center, 100 West Utah Please direct all questions and Randolph, Suite 3–400, Chicago, correspondence about Illinois 60601, Telephone: (312) 814– Carolyn Wright, Utah State intergovernmental review to: Linda 6028, FAX: (312) 814–1800 Clearinghouse, Office of Planning and Clarke, Telephone: (809) 774–0750, Budget, Room 116, State Capitol, Salt Indiana FAX: (809) 776–0069. Lake City, Utah 84114, Telephone: Frances Williams, State Budget Agency, (801) 538–1535, FAX: (801) 538–1547 OMB State Single Point of Contact 212 State House, Indianapolis, Listing West Virginia Indiana 46204–2796, Telephone: (317) Fred Cutlip, Director, Community Arizona 232–5619, FAX: (317) 233–3323 Development Division, W. Virginia Joni Saad, Arizona State Clearinghouse, Iowa Development Office, Building #6, 3800 N. Central Avenue, Fourteenth Room 553, Charleston, West Virginia Floor, Phoenix, Arizona 85012, Steven R. McCann, Division for 25305, Telephone: (304) 558–4010, Telephone (602) 280–1315, FAX: Community Assistance, Iowa FAX: (304) 558–3248 (602) 280–8144 Department of Economic Development, 200 East Grand Wisconsin Arkansas Avenue, Des Moines, Iowa 50309, Jeff Smith, Section Chief, State/Federal Mr. Tracy L. Copeland, Manager, State Telephone: (515) 242–4719, FAX: Relations, Wisconsin Department of Clearinghouse, Office of (515) 242–4859 Administration, 101 East Wilson Intergovernmental Services, Kentucky Street—6th Floor, P.O. Box 7868, Department of Finance and Madison, Wisconsin 53707, Administration, 1515 W. 7th St., Ronald W. Cook, Office of the Governor, Telephone: (608) 266–0267, FAX: Room 412, Little Rock, Arkansas Department of Local Government, (608) 267–6931 72203, Telephone: (501) 682–1074, 1024 Capitol Center Drive, Frankfort, FAX: (501) 682–5206 Kentucky 40601–8204, Telephone: Wyoming (502) 573–2382, FAX: (502) 573–2512 California Matthew Jones, State Single Point of Maine Contact, Office of the Governor, 200 Grants Coordinator, Office of Planning & West 24th Street, State Capital, Room Research, 1400 Tenth Street, Room Joyce Benson, State Planning Office, 124, Cheyenne, Wyoming 82002, 121, Sacramento, California 95814, State House Station #38, Augusta, Telephone: (307) 777–7446, FAX: Telephone (916) 323–7480, FAX (916) Maine 04333, Telephone: (207) 287– (307) 632–3909 323–3018 3261, FAX: (207) 287–6489 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26887
Maryland of Admin., 116 West Jones Street, Wisconsin Raleigh, North Carolina 27603–8003, William G. Carroll, Manager, State Jeff Smith, Section Chief, State/Federal Clearinghouse for Intergovernmental Telephone: (919) 733–7232, FAX: (919) 733–9571 Relations, Wisconsin Department of Assistance, Maryland Office of Administration, 101 East Wilson Planning, 301 W. Preston Street— North Dakota Street—6th Floor, P.O. Box 7868, Room 1104, Baltimore, Maryland North Dakota Single Point of Contact, Madison, Wisconsin 53707, 21201–2365, Staff Contact: Linda Office of Intergovernmental Telephone: (608) 266–0267, FAX: Janey, Telephone: (410) 225–4490, Assistance, 600 East Boulevard (608) 267–6931 FAX: (410) 225–4480 Avenue, Bismarck, North Dakota Wyoming Michigan 58505–0170, Telephone: (701) 224– Richard Pfaff, Southeast Michigan 2094, FAX: (701) 224–2308 Matthew Jones, State Single Point of Contact, Office of the Governor, 200 Council of Governments, 1900 Edison Ohio Plaza, 660 Plaza Drive, Detroit, West 24th Street, State Capital, Room Larry Weaver, State Single Point of 124, Cheyenne, Wyoming 82002, Michigan 48226, Telephone: (313) Contact, State Clearinghouse, Office of 961–4266, FAX: (313) 961–4869 Telephone: (307) 777–7446, FAX: Budget and Management, 30 East (307) 632–3909 Mississippi Broad Street, 34th Floor, Columbus, Territories Cathy Malette, Clearinghouse Officer, Ohio 43266–0411 Department of Finance and Please direct correspondence and Guam questions about intergovernmental Administration, 455 North Lamar Mr. Giovanni T. Sgambelluri, Director, Street, Jackson, Mississippi 39202– review to: Linda Wise, Telephone: (614) 466–0698, FAX: (614) 466–5400. Bureau of Budget and Management 3087, Telephone: (601) 359–6762, Research Office of the Governor, P.O. FAX: (601) 359–6764 Rhode Island Box 2950, Agana, Guam 96910, Missouri Kevin Nelson, Review Coordinator, Telephone: 011–671–472–2285, FAX: 011–671–472–2825 Lois Pohl, Federal Assistance Department of Administration, Clearinghouse, Office of Division of Planning, One Capitol Puerto Rico Administration, P.O. Box 809, Room Hill, 4th Floor, Providence, Rhode 760, Truman Building, Jefferson City, Island 02908–5870, Telephone: (401) Norma Burgos/Jose E. Caro, Missouri 65102, Telephone: (314) 277–2656, FAX: (401) 277–2083 Chairwoman/Director, Puerto Rico 751–4834, FAX: (314) 751–7819 Please direct correspondence and Planning Board, Federal Proposals questions to: Review Coordinator, Office Review Office, Minillas Government Nevada of Strategic Planning. Center, P.O. Box 41119, San Juan, Department of Administration, State Puerto Rico 00940–1119, Telephone: South Carolina Clearinghouse, Capitol Complex, (809) 727–4444, (809) 723–6190, FAX: Carson City, Nevada 89710, Rodney Grizzle, State Single Point of (809) 724–3270, (809) 724–3103 Contact, Grant Services, Office of the Telephone: (702) 687–4065, FAX: North Mariana Islands (702) 687–3983 Governor, 1205 Pendleton Street— Room 331, Columbia, South Carolina Mr. Alvaro A. Santos, Executive Officer, New Hampshire 29201, Telephone: (803) 734–0494, State Single Point of Contact, Office of Jeffrey H. Taylor, Director, New FAX: (803) 734–0356 Management and Budget, Office of the Hampshire Office of State Planning, Texas Governor, Saipan, MP, Telephone: Attn: Intergovernmental Review (670) 664–2256, FAX: (670) 664–2272 Process, Mike Blake, 21⁄2 Beacon Tom Adams, Governors Office, Director, Contact Person: Ms. Jacoba T. Seman, Street, Concord, New Hampshire Intergovernmental Coordination, P.O. Federal Programs Coordinator, 03301, Telephone: (603) 271–2155, Box 12428, Austin, Texas 78711, Telephone: (670) 644–2289, FAX: (670) FAX: (603) 271–1728 Telephone: (512) 463–1771, FAX: (512) 463–1888 644–2272. New Mexico Utah Virgin Islands Robert Peters, State Budget Division, Room 190, Bataan Memorial Building, Carolyn Wright, Utah State Nelson Bowry, Director, Office of #41 Santa Fe, New Mexico 87503, Clearinghouse, Office of Planning and Management and Budget, Telephone: (505) 827–3640 Budget, Room 116, State Capitol, Salt Norregade Emancipation Garden Lake City, Utah 84114, Telephone: Station, Second Floor, Saint Thomas, New York (801) 538–1535, FAX: (801) 538–1547 Virgin Islands 00802 New York State Clearinghouse, Division West Virginia Please direct all questions and of the Budget, State Capitol, Albany, correspondence about Fred Cutlip, Director, Community New York 12224, Telephone: (518) intergovernmental review to: Linda Development Division, W. Virginia 474–1605, FAX: (518) 486–5617 Clarke, Telephone: (809) 774–0750, Development Office, Building #6, FAX: (809) 776–0069. North Carolina Room 553, Charleston, West Virginia Chrys Baggett, Director, N.C. State 25305, Telephone: (304) 558–4010, [FR Doc. 97–12686 Filed 5–14–97; 8:45 am] Clearinghouse, Office of the Secretary FAX: (304) 558–3248 BILLING CODE 4181±01±M federal register May 15,1997 Thursday Afghanistan; FinalRule the TerritoryandAirspaceof Prohibition AgainstCertainFlightsWithin 14 CFRPart91 Federal AviationAdministration Transportation Department of Part III 26889 26890 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION access to recently published rulemaking SFAR 67 was originally issued and later documents. amended. Government and opposition Federal Aviation Administration Any person may obtain a copy of this forces still possess a wide range of document by submitting a request to the sophisticated surface- and air-based 14 CFR Part 91 Federal Aviation Administration, Office weapons that potentially could be used [Docket No. 27744; Special Federal Aviation of Rulemaking, ARM–1, 800 to attack civil aircraft overflying Regulation (SFAR) No. 67] Independence Avenue S.W., Afghanistan at cruising altitudes. These Washington, DC 20591, or by calling weapons include fighter and attack RIN 2120±AG40 202–267–9680. Communications must aircraft armed with cannons and air-to- Prohibition Against Certain Flights identify the number of this SFAR or the air missiles, and surface-to-air missiles Within the Territory and Airspace of docket number of this document. (SAM) systems. Although aircraft have Afghanistan Persons interested in being placed on a been used primarily for ground attacks mailing list for future rules should against airfields and other key facilities, AGENCY: Federal Aviation request from the above office a copy of air-to-air encounters have also been Administration (FAA), DOT. Advisory Circular No. 11–2A, Notice of observed. Press reports also suggest that ACTION: Final rule; amendment. Proposed Rulemaking Distribution a number of Afghan military and civil System, that describes the application aircraft have been shot down using SUMMARY: This action amends Special procedure. SAMs. Large areas of the country Federal Aviation Regulation (SFAR 67) Background continue to be the scene of factional to extend, with the exception noted fighting. Fluctuations in the level and below, the prohibition on flight The FAA is responsible for the safety intensity of combat create an unsafe operations within the territory and of flight in the United States and for the environment for transiting civilian airspace of Afghanistan by any United safety of United States-registered aircraft aircraft in most areas of the country. States air carrier or commercial and operators throughout the world. Advisories have been issued by the operator, by any person exercising the Section 40101(d)(1) of Title 49, United International Civil Aviation privileges of an airman certificate issued States Code, declares, as a matter of Organization (ICAO) urging civil aircraft by the FAA, or by an operator using an policy, that the regulation of air to avoid Afghan airspace. In a letter aircraft registered in the United States, commerce to promote safety is in the dated April 8, 1994, Assad Kotaite, and to permit flight operations by the public interest. Section 44701(a) of Title President of the ICAO Council, issued a aforementioned persons through Afghan 49, United States Code, provides the notice urging air carriers to discontinue airspace over what is hereinafter FAA with broad authority to carry out flights over Afghanistan. In a described as the Wakhan Corridor. The this policy by prescribing regulations subsequent letter dated November 14, current SFAR was issued on May 13, governing the practices, methods, and 1994, Dr. Kotaite warned of the 1994, and was subsequently extended procedures necessary to ensure safety in continuing risks associated with flights twice to the current expiration date of air commerce. over Afghanistan, including operations May 10, 1997. This action is taken to In the exercise of these statutory using certain routes developed by the prevent an undue hazard to persons and responsibilities, the FAA on May 13, Afghan government or neighboring aircraft engaged in such flight 1994, issued SFAR 67, prohibiting flight countries. On September 18, 1995, in operations as a result of the ongoing operations within the territory and yet another letter addressing flight civil war in Afghanistan. airspace of Afghanistan by any United safety over Afghanistan, Dr. Kotaite States air carrier or commercial DATES: This amendment to SFAR 67 is advised that ‘‘the safety of international operator, any person exercising the effective May 9, 1997. SFAR 67 shall civil flight operations through the Kabul privileges of an airman certificate issued remain in effect until May 10, 1998. [Flight Information Region] can not be by the FAA, or any operator using an assured.’’ Dr. Kotaite did indicate in this FOR FURTHER INFORMATION CONTACT: aircraft registered in the United States letter that if operators were using Mark W. Bury, International Affairs and unless the operator of such aircraft is a Afghan airspace, flying time over Legal Policy Staff, AGC–7, Office of the foreign air carrier. Notice of SFAR 67 Afghanistan should be minimized and Chief Counsel, Federal Aviation was published at 59 FR 25282 (May 13, that route V500, promulgated by a Administration, 800 Independence 1994). The FAA issued SFAR 67 based Pakistani NOTAM, involves only a two Avenue, S.W., Washington, DC 20591. upon a determination that the ongoing minute flying time over Afghanistan. Telephone: 202–267–3515. civil war in Afghanistan justified the A letter of May 10, 1996, advised of SUPPLEMENTARY INFORMATION: imposition of certain measures to ensure a report by the crew of a Boeing 747 the safety of United States-registered cargo aircraft of anti-aircraft fire in the Availability of Document aircraft and operators that are vicinity of Kabul. These advisories, An electronic copy of this document conducting flight operations in the which are still germane, reflect the may be downloaded using a modern and vicinity of Afghanistan’s territory and uncertain nature of the situation and suitable communications software from airspace. SFAR 67 was originally underscore the dangers to flights in the FAA regulations section of the scheduled to expire after one year. Afghan airspace. There are also Fedworld bulletin board service Notice of the extension of SFAR 67 for indications that at least two major (telephone: 703–321–3339), the Federal an additional year was published at 60 factions in Afghanistan have in recent Register’s electronic bulletin board FR 25980 (May 15, 1995). Subsequently, fighting deliberately targeted civil service (telephone: 202–512–1661), or by notice published at 61 FR 24430 aircraft. Such policies occasionally have the FAA’s Aviation Rulemaking (May 14, 1996), the FAA extended the been publicly announced. In a statement Advisory Committee bulletin board expiration date of SFAR 67 to May 10, released in September 1995, General service (telephone: 800–FAA–ARAC). 1997. Dostam, who at the time opposed the Internet users may reach the FAA’s Fighting between government and nominal Rabbani Government, warned web page at http://www.faa.gov or the opposition forces continues throughout all international air carriers that his Federal Register’s web page at http:// much of Afghanistan at a level and forces would force or shoot down any www.access.gpo.gov/suldocs for intensity similar to that described when airplane venturing into airspace Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Rules and Regulations 26891 controlled by his faction without first or terrorist elements harbor any intent to Navigating around Afghanistan results obtaining proper clearance from them. conduct activity against United States or in increased variable operating costs, This statement followed a similar other international air carriers primarily for United States air carriers warning issued in 1994 by an overflying the Wakhan Corridor. The operating between Europe and India. opposition council. Air corridors over only potential threat against civil Based on data identified during the central Afghanistan have been closed aircraft over the Wakhan Corridor is of promulgation of SFAR 67, the FAA frequently as a result of these threats a limited capability. While an action estimates that the weighted-average and active factional fighting. aimed at shooting down or intercepting variable cost for a wide-body aircraft is Although it is not certain that any an aircraft over the Wakhan Corridor approximately $3,200 per hour. Based faction in the civil war would cannot be absolutely ruled out, it is on data received from two United States deliberately target a foreign-flagged considered unlikely. The U.S. air carriers, the additional time it takes commercial air carrier, the Taliban’s Government assessment is that the to navigate around Afghanistan ranges growing frustration with the airlift of overall risk is minimal. Several non-U.S. from 10 minutes by flying over Iran to arms, ammunition, and supplies to air carriers currently operate safely over between one and four hours by flying other factions, and the other factions’ the Wakhan Corridor along the V500 over Saudi Arabia (depending on the interest in bringing down Taliban airway. flight’s origin and destination). flights, creates a potentially hazardous Additional costs associated with these Amendment of Prohibition Against environment whereby an airliner might alternate routes range from $530 by Certain Flights Within the Territory be misidentified and inadvertently flying over Iran to between $3,200 to and Airspace of Afghanistan targeted. The FAA continues to receive $12,700 per flight over Saudi Arabia. reports that scheduled passenger flights On the basis of the above information, In addition, there is an amendment to have been intercepted by opposition and in furtherance of my the extension to SFAR 67, which allows fighter aircraft. In July 1996, a Taliban responsibilities to promote the safety of United States air carriers through fighter intercepted a Pakistan flight of civil aircraft in air commerce, Afghan airspace east of 071°35′ east International Airlines flight enroute I have determined that continued action longitude. There is no inordinate hazard from London to Lahore. Charter flights by the FAA is necessary to prevent the to persons and aircraft, due to the appear to be equally or more vulnerable. injury to U.S. operators or loss of certain remote, sparsely populated nature of the A Russian-operated charter flight from U.S.-registered aircraft conducting Wakhan Corridor, and because no the UAE carrying unmanifested flights in the vicinity of Afghanistan. I combat action is known to have ammunition to Kabul was forced to land find that the current civil war in occurred in the area. Therefore, if U.S. in Kandahar; the aircraft and its crew Afghanistan continues to present an air carriers choose to fly over the were held there for almost one year immediate hazard to the operation of Wakhan region, they could experience before escaping in August 1996. civil aircraft over Afghan territory and cost savings ranging from approximately At the very least, central Afghan in most Afghan airspace. Accordingly, I $530 by flying over Iran, and between government control over installations am ordering a one-year extension of the $3,200 to $12,700 per flight over Saudi critical to navigation and prohibition under SFAR 67 on flight Arabia. communication cannot be assured. The operations within the territory and This Action imposes no additional Taliban now controls Kabul and most airspace of Afghanistan. This action is burden on domestic and foreign air government facilities, including air necessary to prevent an undue hazard to carrier certificate holders. In view of the traffic control facilities. Moreover, the aircraft and to protect persons and foregoing, the FAA has determined that use of combat aircraft and SAMs by all property on board those aircraft. SFAR the extension to SFAR 67 is cost factions in the conflict calls into 67 will now expire on May 10, 1998. beneficial. question the security/safety of the Because the circumstances described in Regulatory Flexibility Determination majority of Afghan airspace for civil this notice warrant immediate action by aircraft. An environment for long-term the FAA to maintain the safety of flight, The Regulatory Flexibility Act of 1980 stability in Afghanistan has yet to I also find that good cause exists for (RFA) was enacted by Congress to emerge. making this amendment effective ensure that small entities are not Although other areas of the country immediately on publication. unnecessarily and disproportionately continue to be the scene of sporadic I also am ordering the amendment of burdened by Federal regulations. The factional fighting, most of the recent SFAR 67 to allow flights by United RFA requires a Regulatory Flexibility combat has occurred in areas to the States air carriers and commercial Analysis if a proposed rule would have immediate north of Kabul, the central operators, by any person exercising the ‘‘significant economic impact on a province of Bamiayan, and the privileges of a certificate issued by the substantial number of small entities.’’ northwestern provinces, away from the FAA, or by an operator using aircraft FAA Order No. 2100.14A outlines the Wakhan Corridor. The Wakhan Corridor registered in the U.S. through Afghan FAA’s procedures and criteria for is a remote, sparsely populated expanse airspace east of 071°35′ east longitude. implementing the RFA. The FAA has of Afghan territory jutting eastward to Because this action lifts a restriction, I determined that none of the United the Chinese border (from approximately find that good cause exists for making States air carriers or commercial ° ′ 071 35 east longitude). The territory is this amendment effective immediately operators are ‘‘small entities’’ as defined nominally controlled by Commander upon publication. under FAA Order No. 2100.14A. Masood; however, due to its remoteness, The Department of State has been Therefore, the SFAR would not impose inhospitable terrain and limited advised of, and has no objection to, the a ‘‘significant economic impact on a population, the Wakhan Corridor plays actions taken herein. substantial number of small entities.’’ an insignificant role in the current conflict. No combat action is known to Regulatory Evaluation Summary International Trade Impact Assessment have taken place there, and the In accordance with SFAR 67, United When the FAA promulgated SFAR 67, population is generally removed from States air carriers and commercial it found that the SFAR could have an the effects of the fighting. There is no operators currently use alternate routes adverse impact on the international evidence to suggest that Afghan factions to avoid Afghan territory and airspace. flights of United States air carriers and 26892 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Rules and Regulations commercial operators because it could governments, if any, and for a negative, on a substantial number of marginally increase their operating costs meaningful and timely opportunity to small entities under the criteria of the and flight times relative to foreign provide input in the development of Regulatory Flexibility Act. carriers who continue to overfly regulatory proposals. List of Subjects in 14 CFR Part 91 Afghanistan. This action does not This rule does not contain any impose any restrictions on United States Federal intergovernmental mandates, Afghanistan, Aircraft, Airmen, air carriers or commercial operators but does contain a private sector Airports, Air traffic control, Aviation beyond those originally imposed by mandate. However, because safety, Freight. SFAR 67. Therefore, the FAA believes expenditures by the private sector will that the SFAR would have little, if any, not exceed $100 million annually, the The Amendment effect on the sale of United States requirements of Title II of the Unfunded For the reasons set forth above, the aviation products and services in Mandates Reform Act of 1995 do not Federal Aviation Administration is foreign countries. apply. amending 14 CFR Part 91 as follows: Unfunded Mandates Reform Act Paperwork Reduction Act PART 91ÐGENERAL OPERATING AND Title II of the Unfunded Mandates This rule contains no information FLIGHT RULES Reform Act of 1995 (the Act), enacted as collection requests requiring approval of Pub. L. 104–4 on March 22, 1995, the Office of Management and Budget 1. The authority citation for Part 91 requires each Federal agency, to the pursuant to the Paperwork Reduction continues to read as follows: extent permitted by law, to prepare a Act (44 USC. 3507 et seq.). Authority: 49 USC 106(g), 40103, 40113, written assessment of the effects of any Federalism Determination 40120, 44101, 44701, 44709, 44711, 44712, Federal mandate on a proposed or final 44715, 44716, 44717, 44722, 46306, 46315, agency rule that may result in the The amendment set forth herein will 46316, 46502, 46504, 46506–, 47122, 47508, expenditure by State, local, and tribal not have substantial direct effects on the 47528–47531. governments, in the aggregate, or by the states, on the relationship between the private sector, of $100 million or more national government and the states, or 2. Paragraph 3 and 5 of SFAR 67 are (adjusted annually for inflation) in any on the distribution of power and (revised to read as follows: one year. Section 204(a) of the Act, 2 responsibilities among the various Special Federal Aviation Regulation U.S.C. 1534(a), requires the Federal levels of government. Therefore, in No. 67—Prohibition Against Certain agency to develop an effective process accordance with Executive Order 12612 Flights Within the Territory and to permit timely input by elected (52 FR 4168; October 30, 1987), it is Airspace of Afghanistan. officers (or their designees) of State, determined that this regulation does not * * * * * local, and tribal governments on a have federalism implications warranting 3. Permitted Operations. This SFAR does proposed ‘‘significant intergovernmental the preparation of a Federalism not prohibit persons described in paragraph mandate.’’ A ‘‘significant Assessment. 1 from conducting flight operations within intergovernmental mandate’’ under the the territory and airspace of Afghanistan: Act is any provision in a Federal agency Conclusion a. Where such operations are authorized regulation that would impose an For the reasons set forth above, the either by the exemption issued by the enforceable duty upon State, local, and FAA has determined that this action is Administrator or by another agency of the United States Government with the approval tribal governments, in the aggregate, of not a ‘‘significant regulatory action’’ of the FAA; or $100 million (adjusted annually for under Executive Order 12866. This b. East of 071°35′ east longitude. inflation) in any one year. Section 203 action is considered a ‘‘significant rule’’ of the Act, 2 U.S.C. 1533, which under DOT Regulatory Policies and * * * * * supplements section 204(a), provides Procedures (44 FR 11034; February 26, 5. Expiration. This Special Federal Aviation Regulation expires May 10, 1998. that before establishing any regulatory 1979). Because revenue flights to requirements that might significantly or Afghanistan are not currently being Issued in Washington, DC, on May 9, 1997. uniquely affect small governments, the conducted by United States air carriers Barry Valentine, agency shall have developed a plan that, or commercial operators, the FAA Acting Administrator. among other things, provides for notice certifies that this rule will not have a [FR Doc. 97–12744 Filed 5–12–97; 1:04 pm] to potentially affected small significant economic impact, positive or BILLING CODE 4910±13±M federal register May 15,1997 Thursday Review ofExistingRules;ProposedRule 14 CFRChapterI Federal AviationAdministration Transportation Department of Part IV 26893 26894 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules
DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: In recent impact on small entities. In order to years, the FAA conducted several focus on areas of greatest interest, and Federal Aviation Administration regulatory reviews: In his 1992 State of to effectively manage agency resources, the Union address, then-President Bush the FAA asks that commenters 14 CFR Chapter I called for a 90-day moratorium and responding to the three-year Regulatory [Docket No. 28910] review of federal regulations, and the Review Program limit their input to FAA responded by soliciting public three issues they consider most urgent, Review of Existing Rules comments on its regulatory programs as and to list them in priority order. The AGENCY: Federal Aviation part of an overall review (57 FR 4744, FAA will review the issues addressed Administration (FAA), DOT. Feb. 7, 1992). Based on comments by the Commenters against its received, the agency revised its ACTION: Review of regulations; request regulatory agenda and rulemaking regulatory agenda accordingly. In 1994, for comments. program efforts and adjust its regulatory responding to recommendations from priorities consistent with its statutory SUMMARY: This notice requests that the the National Commission to Ensure a responsibilities. At the end of this pubic identify those regulations Strong Competitive Airline Industry and process, the FAA will publish a currently in effect which it believes the Vice President’s National summary and general disposition of should be amended, eliminated, or Performance Review, and acting on comments and indicate, where simplified. This action is based on Department of Transportation (DOT) appropriate, how its regulatory Presidential recommendations that the and FAA regulatory initiatives, the FAA priorities will be adjusted. FAA perform regulatory reviews initiated a regulatory review to reduce consistent with its statutory authority regulatory burdens and sought public White House Commission on Aviation and public interest responsibilities. comments (59 FR 1362, Jan. 10, 1994). Safety and Security Recommendations; Comments will assist the agency in As a result, the FAA revised its Request for Public Comments conducting these reviews and in regulatory agenda and priorities determining the direction of resulting accordingly, and proposed a Regulatory On February 12, 1997, the White actions. Also, based upon Review Program by seeking public input House Commission on Aviation Safety recommendations stemming from the every three years (60 FR 44142, Aug. 24, and Security, chaired by Vice President White House Commission on Aviation 1995). The agency later published a Al Gore, issued its final report to Safety and Security, the FAA requests disposition of the comments it received President Clinton. One of the the public to forward specific examples and made the determination to continue recommendations contained in that of where the agency should develop the 3-year review cycle (61 FR 53610, report states ‘‘The Federal Aviation rules that are performance-based rather Oct. 15, 1996). In addition to the Regulations (FARs) should be simplified than prescriptive, and provide any ongoing regulatory review program, the and, as appropriate, rewritten as plain suggestions on specific plain-English FAA is currently in the process of English, performance-based language that might be used to rewrite responding to recommendations from regulations.’’ The Commission believes them. the White House Commission on that government can achieve better DATES: Comments should be submitted Aviation Safety and Security that it regulatory compliance if its objectives on or before August 13, 1997. simplify and, as appropriate, rewrite its are stated clearly and its focus is on ADDRESSES: Comments should be regulations in performance-based, plain- goals, not process. The public is mailed in triplicate to: Federal Aviation English formats. requested to provide any specific Administration, Office of Chief Counsel, Three-Year Regulatory Review suggestions where rules could be Attention: Rules docket (AGC–200), Program; Request for Comments developed as performance-based rather Docket No. 28910 800 Independence than prescriptive, any specific plain- Ave., SW., Washington, DC., 20591, or As part of its ongoing Regulatory English language that might be used, faxed to (202) 267–5075. Comments also Review Program, the FAA is requesting and provide suggested language on how may be submitted via the Internet to 9– that the public identify three those rules should be written. These nprm–[email protected]. Comments may regulations, in priority order, that it comments will assist the agency in be examined in room 915G weekdays believes should be amended or simplifying the FARs pursuant to between 8:30 a.m. and 5 p.m. except on eliminated. The agency’s goal is to recommendations from the Commission. Federal holidays. identify regulations which impose Issued in Washington DC, on May 9, 1997. FOR FURTHER INFORMATION CONTACT: undue regulatory burdens, are no longer Gerri Robinson (ARM–24), Office of necessary, or overlap, duplicate, or Guy S. Gardner, Rulemaking, Federal Aviation conflict with other federal regulations. Associate Administration for Regulation and Administration, 800 Independence Ave. In addition, the FAA is also requesting Certification, AVR–1. SW., Washington, DC 20591; telephone the public to identify unnecessary [FR Doc. 97–12757 Filed 5–14–97; 8:45 am] (202) 267–9678. regulations that have a significant BILLING CODE 4910±13±M federal register May 15,1997 Thursday Notice Sustainable DevelopmentGrantProgram; Protection Agency Environmental Part V 26895 26896 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
ENVIRONMENTAL PROTECTION approaches that link place-based Offices. These kits will include more AGENCY environmental management, and quality detailed guidance and may be requested of life activities with sustainable in writing from your regional or [FRL±5825±6] development and revitalization. This headquarters representative, or by fax at Sustainable Development Challenge program challenges communities to 202–260–2555 or by voice mail at 202– Grant Program invest in a sustainable future that links 260–6812. Although you may fax your environmental protection, economic request, these documents are not AGENCY: Environmental Protection prosperity and community well-being. available by fax. EPA will notify Agency (EPA). These grants are intended to: catalyze applicants of selected proposals in ACTION: Solicitation of Proposals for FY community-based projects to promote writing and provide technical assistance 1997. environmentally and economically in preparation of formal applications. sustainable development; build Please do not duplicate requests. SUMMARY: The Environmental Protection partnerships which increase a Proposals must include the following: a Agency (EPA) is soliciting proposals for community’s capacity to take steps that one page cover sheet that summarizes the FY 1997 Sustainable Development will ensure the long-term health of the amount of assistance requested from Challenge Grant (SDCG) program, one of ecosystems and humans, economic EPA, the various entities or President Clinton’s ‘‘high priority’’ vitality, and community well-being; and organizations that will be partners in the actions described in the March 16, 1995 leverage public and private investments project, and the project’s anticipated report, ‘‘Reinventing Environmental to enhance environmental quality by results. The cover sheet must also Regulation.’’ The EPA has a total of $5 enabling sustainable community efforts include the applicant’s name, address, million dollars available for this to continue beyond the period of EPA and phone number. The project program in FY 1997. Of the total funding. While EPA expects to award proposal narrative must be limited to resources available through this approximately 80% of the funds program in FY 1997, approximately five (5) double-sided pages and explain available for this program in FY 1997 to 80% will support city/metropolitan- the relationship of the proposal to the support projects that comprehensively related projects. Other rural, tribal and criteria for project selection described in address environmental and economic non-metropolitan projects are this notice. Please follow the format issues in cities and metropolitan areas encouraged and will be funded at provided in criteria section of this which stimulate broad participation by approximately 20% of the total amount. notice to structure your narrative. A We are encouraging proposals that engaging all sectors of the community, detailed budget along with letters of place an emphasis on city/metropolitan- all applications which demonstrate the commitment from stakeholders related projects because approximately requisite criteria will be considered. contributing either in-kind services or 80% of the U.S. population lives in This document includes: background dollars must be attached to the proposal metropolitan areas where the goals of a information on the Sustainable in order to be considered. Applicants healthy environment compete with Development Challenge Grant program; must also include a copy of economic development, affordable a description of the FY 1997 program documentation demonstrating non- housing, public safety, and mobility for which incorporates comments received profit status or articles of incorporation. attention from both government and the through the FY 1996 pilot program (both A plan for overall project evaluation private sector. EPA’s program to protect public and Agency comments/ must also be attached. The budget page, the health of Americans by protecting suggestions) on the design of the commitment letters, project evaluation their community’s air, water and land program; the criteria successful projects plan, and non-profit status must acknowledge this reality. The must meet; the process for selection of documentation will not count toward SDCG program provides an opportunity projects; and the program’s relationship the 5 double-sided narrative page limit. to develop place-based approaches to to other related EPA activities. Also Proposals lacking complete problem solving related to current included is a summary of projects documentation will not be considered. patterns of urban growth and public funded under the pilot program. (More Any other attachments to the proposal investment/disinvestment, patterns that detailed information is available via will be discarded. accelerate loss of open space and Internet at: http://www.epa.gov/ FOR FURTHER INFORMATION CONTACT: wetlands, and increase consumption of ecocommunity) Pamela A. Hurt, U.S. EPA, Office of Air fossil fuels for energy and DATES: The period for submission of & Radiation (MC 6101), 401 M Street transportation. Projects will be selected proposals for FY 1997 will begin upon SW., Washington, DC 20460, on a competitive basis using the criteria publication of this Federal Register [email protected] or the regional outlined below. Applicants may notice pursuant to the Information representative for your state. Collection Request (ICR No. 1755.01) compete for funding in two ranges for Regional Offices FY 1997: (1) $50,000 or less, and (2) approved by the Office of Management and Budget (OMB Approval No. 2010– Rosemary Monahan, US EPA Region I, JF between $50,001 and $250,000. Kennedy Federal Bldg. (CSP), Boston, MA Proposals will compete with other 0026) under the Paperwork Reduction Act. Project proposals must be 02203, (617) 565–3551, States: ME, NH, proposals in the same range (i.e., a VT, MA, CT, RI proposal for $50,000 will not compete postmarked by August 15, 1997 to be Theresa Martella, US EPA Region 3, 841 with a proposal for $250,000). considered for funding. Chestnut Building, Philadelphia, PA Applicants in each category are required ADDRESSES: Please provide three copies 19107, (215) 566–5423, States: DE, DC, MD, to demonstrate how they will meet the of your proposal to Pamela Hurt, PA, VA, WV minimum 20% match. U.S.EPA, Office of Air & Radiation (MC– Daniel Werbie, US EPA Region 5, 77 West The Sustainable Development 6101), 401 M Street, SW., Washington, Jackson Blvd., Chicago, IL 60604–3507, DC 20460. (312) 353–5791, States: MN, WI, MI, IL, IN, Challenge Grant program strongly OH encourages partnering among APPLICATIONS: Proposal kits for FY 1997 Anita Street, US EPA Region 2, 290 community, business and government are available via Internet at: http:// Broadway, New York, NY 10007–1866, entities to work cooperatively to www.epa.gov/ecocommunity or from (212) 637–3590, States & Territories: NY, develop flexible, locally-oriented EPA Headquarters and EPA Regional NJ, PR, VI Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26897
Cory Berish, US EPA Region 4, 345 Courtland environmental and economic goals and is consistent with other community- Street, NE, Atlanta, GA 30365, (404) 562– community well-being. based efforts EPA has introduced, such 8276, States: AL, FL, GA, KY, MS, NC, SC, Achieving sustainability is a as the Brownfields Initiative, Project XL, TN responsibility shared by environmental, the President’s American Heritage Karen Alvarez, US EPA Region 6, Fountain community and economic interests at Place, Suite 1200, 1445 Ross Avenue, Rivers Initiative, Watershed Protection Dallas, TX 75202–2733, (214) 665–7273, all levels of government and the private Approach, Transportation Partners, the States: AR, LA, NM, OK, TX sector. This emphasis on strong $mart Growth Network, and the Dick Sumpter, US EPA Region 7, 726 community involvement requires a Community-Based Environmental Minnesota Avenue, Kansas City, KS 66101, commitment to ensuring that all Protection Approach. All of these (913) 551–7661, States: KS, MO, NE, IA residents of a community, of varying programs require broad community Debbie Schechter, US EPA Region 9, 75 economic and social groups, have participation to identify and address Hawthorne Street, San Francisco, CA opportunities to participate in decision- environmental issues. EPA welcomes 94105, (415) 744–1624, States & Territories: making. Only through the combined proposals for many different types of CA, NV, AZ, HI, AS, GU efforts and collaboration of projects, however, approximately 80% David Schaller, US EPA Region 8, 999 18th governments, private organizations, and Street, Suite 500, Denver, CO 80202–2466, of funds available in FY 1997 will (202) 312–6146, States: CO, MT, ND, SD, individuals can our communities, support those proposals that address UT, WY regions, states, and nation achieve the comprehensive environmental and Jim Werntz, US EPA Region 10, 1200 Sixth benefits of sustainable development. economic issues in cities and Avenue, Seattle, WA 98101, (206) 553– The EPA will implement this program metropolitan areas which stimulate 2634, States: AK, ID, OR, WA consistent with the principles of broad community participation and Executive Order 12898, ‘‘Federal SUPPLEMENTARY INFORMATION: apply innovative problem-solving Actions to Address Environmental techniques. The Sustainable Purpose Justice in Minority Populations and Development Challenge Grant program Low-Income Populations’’ (February 11, EPA intends these competitive grants is also a step in implementing Agenda 1994). Projects funded must ensure that 21, the Global Plan of Action on to be catalysts that challenge no one is subjected to unjust or communities to invest in a more Sustainable Development, signed by the disproportionate environmental United States at the Earth Summit in sustainable future, recognizing that impacts. sustainable environmental quality, Rio de Janeiro in 1992. economic prosperity, and community Linkages to Other Initiatives Through the Sustainable Development well-being are inextricably linked. The The EPA initiated this program as a Challenge Grant Program, EPA also Sustainable Development Challenge pilot effort in 1996. With only $500,000 intends to further the vision and goals Grant program is an important in funding to distribute, the Agency of the President’s Council on opportunity for EPA to award received more than 600 proposals Sustainable Development (PCSD), competitive grants that leverage private requesting $20,000,000 in assistance. created in 1993 by President Clinton. and other public sector investment in Approximately 75% of the projects The President charged the Council, communities (ranging in size from received were urban or urban-related. composed of corporate, government, neighborhoods to cities to larger Through a highly competitive process and non-profit representatives, to find geographic areas such as watersheds or and after careful review, ten projects ways to ‘‘bring people together to meet metropolitan areas) to build were chosen for funding: Community the needs of the present without partnerships that increase the capacity Supported Agriculture in the Mid- jeopardizing the future.’’ The Council of communities to ensure long-term Atlantic Region, Washington Smart has declared this vision: environmental protection through the Wood Certification Program, Our vision is of a life-sustaining Earth. We application of sustainable development Sustainable Craft Industry in are committed to the achievement of a strategies. Appalachia, Building Materials dignified, peaceful and equitable existence. Overview of the Sustainable Exchange in New Orleans, Sustainable We believe a sustainable United States will Forestry in New Hampshire, Marketing have a growing economy that equitably Development Challenge Grant provides opportunities for satisfying Approach the Economic Benefits of Sustainable Development in the Rappahannock livelihoods and a safe, healthy, high quality The grant program encourages River Watershed, Preserving of life for current and future generations. Our communities to recognize and build nation will protect its environment, its Sustainability in Jefferson County natural resource base, and the functions and upon the fundamental connection Virginia, Eco-Park Development in viability of natural systems on which all life between environmental protection, Omaha, Implementing a Strategic Plan depends. (February 1996) economic prosperity and community for Sustainable Development in South well-being. Accomplishing this linkage Carolina, Sustainable Neighborhood The Sustainable Development requires integrating environmental Design for the Desert Southwest. Challenge Grant program furthers this protection in policy and decision- Projects descriptions are available via vision by encouraging community making at all levels of government and the Internet at http://www.epa.gov/ initiatives that achieve environmental throughout the economy. The SDCG ecocommunity/) quality with economic prosperity program recognizes the significant role EPA and its state and local partners through public and private involvement that communities have and should play continue to refine how environmental and investment. in environmental protection. The protection is accomplished in the Examples of Potential Projects program acknowledges that sustainable United States. The Agency recognizes development is often best designed and that environmental progress will not be EPA welcomes proposals for many implemented at a community level. This achieved solely by regulation, but also types of projects, as demonstrated in the program also requires grantees to requires individual, institutional, and description of projects funded in the implement a stakeholder process to corporate responsibility, commitment pilot year. The following are examples identify measurable milestones to assess and stewardship. The Sustainable of the types of projects EPA could progress towards integrating Development Challenge Grant program consider for funding. These examples 26898 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices are only illustrative and are not Project elements may include: how you substantially to the area’s conservation intended to limit proposals in any way. will organize and develop your and improvement of the welfare of local ◆ Demonstrate the range of stakeholders and community-based people, through education and the environmental, economic and support; watershed-based problem dedication of tourism dollars to protect community benefits associated with identification, priority-setting and natural resources. The goal would be to alternative development patterns. This monitoring; the mix of voluntary and support properly planned and managed project would examine drinking water regulatory programs; the most promising nature tourism which will have minimal quality, air quality, and wildlife habitat. approaches to the restoration of urban impacts on the environment, conserve For instance, open spaces may offer river corridors and wetlands; to identify and enhance social and cultural values, protection of water quality by acting as and, to the maximum extent possible, and improve the economic well-being of natural retention areas for the treatment eliminate EPA activities and programs residents. of storm water runoff and increase that create unintended barriers and aesthetic value and recreation disincentives to sustainable Selection Criteria opportunities. Elements of the project revitalization. The proposed project must meet the may include the comparison of the ◆ Support a regional bottom-up two statutory threshold determinations environmental, fiscal and community process for better managing rapid, described below in the Statutory benefits of the purchase and trade of sprawling development. Local Authority section, then EPA will also development rights, and alternative governments along with public and consider the following criteria, zoning provisions related to various private interests will join together to weighting each as indicated. Please densities and degrees of automobile, secure written agreements on actions to format your proposal using the bicycle and pedestrian accessibility. be taken to carry out the community’s numbered sections below and ◆ Demonstrate a cutting edge vision of a sustainable future, and to addressing each bullet point listed. approach to the cleanup and prepare a State of the Region report redevelopment of contaminated outlining the area’s most significant (1) Sustainability: 50 Points property. This project would challenges and opportunities for • How well does the proposal demonstrate a comprehensive, improving local conditions. integrate environmental protection and interagency, inter-governmental ◆ Demonstrate the benefits of economic prosperity and community approach to the challenges of implementing metropolitan-wide well-being? abandoned, idled, or under used transportation programs that promote • Does the proposal address what properties that blight the landscape of sustainable development. Specific type of sustainable behavior is desired, our urban centers. In addition to projects would examine new and and what type of non-sustainable strategies being used at Brownfield innovative ways of integrating air behavior needs to be changed? assessment pilot sites across the quality, storm water and other urban • Does the proposal take into account country, it would move beyond the wet weather flows management, a multi-media perspective and a narrow limits of the Superfund law and transportation, and land use planning regionally appropriate geographic include issues of contamination from oil processes to effectively reduce vehicle solution to specific human or ecosystem fields and leaking underground storage miles traveled, thereby reducing environmental problems? Explain how tanks—currently excluded by the congestion, lowering energy the proposal aims to benefit a Superfund law, yet thought to be the consumption, improving air quality, and substantial or significant population or cause of significant contamination. reducing green house gas emissions. significant portion of a community or Instead of staying within the confines of Specific pilots could focus on region? land-based contamination, this effort demonstrating effective methods of • How does the proposal assure that would address issues with other community collaboration and linkage economic activities do not exhaust or environmental media, including water, with other planning efforts traditionally degrade the environment? non-point source permitting and non- conducted at different jurisdiction • Explain how the proposal will point sources in air quality non- levels (e.g. state, city, county). In result in long-term environmental attainment areas relating to the siting of addition, pilots could integrate a protection as well as sustainable new businesses and industries. number of important, but to date, economic vitality, (such as more Practical applications of separate federal initiatives such as appropriate, efficient use of resources environmental justice principles, public Federal Transit Administration’s and changes in consumption patterns) participation and environmental job Livable Communities, Federal Highway so that jobs created will be sustained, or training/workforce development Administration’s Congestion Mitigation the amount of money retained in the strategies will be woven throughout the and Air Quality Program, Department of local economy will be maximized? entire effort. Training will be provided Energy’s Clean Cities program, or the • How does the proposal represent for public officials as well as local Department of Agriculture’s Urban new solutions for the community, given citizens to ensure that local land use Resources Partnership along with their previous history and current decision-making processes will be fair, various innovative transportation circumstances? open and inclusive. control measures. Both short and long- ◆ Demonstrate how a stakeholder term strategies could be selected. (2) Community Commitment and group can comprehensively identify the ◆ Nature-based tourism: Contribution: 25 Points multiple sources of pollution Demonstrate a cooperative effort among • Explain how the partners fully contributing to environmental problems environmental groups, business represent those in the community who within their watershed; collaboratively interests, and community leaders to have an interest in or will be affected by develop solutions to address these design and implement a community- the project? causes to the satisfaction of based strategy for ecological-based • Will the proposal’s outcomes and stakeholders; develop policy and tourism. The strategy would identify results benefit all affected groups to the financial support and commitment for techniques to manage appropriate travel maximum extent possible? the solution along with the plan to to, and recreation within, natural areas • Does the proposal describe effective implement the necessary actions. which are designed to contribute methods for community involvement to Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26899 assure that all affected by the project are These activities relate generally to the Community: The scale used to define provided an opportunity to participate? gathering or transferring of information ‘‘community’’ under this challenge grant • Does the proposal describe the or advancing the state of knowledge. program will vary with the issues, depth and breadth of the community’s Grant proposals should emphasize this problems, or opportunities that an support (financial and in-kind) for the ‘‘learning’’ concept, as opposed to applicant intends to address. The SDCG proposal? Does the community have in ‘‘fixing’’ an environmental problem via program recognizes the significant role place the legal and regulatory authority a well-established method. For example, that communities have and should play they need to implement the project? a proposal to plant some trees in an in environmental protection. Does it provide evidence of long-term economically depressed area, in order to ‘‘Community’’ means a geographic area commitment to the proposal? Are the prevent erosion, would probably not, in within which different groups and EPA grant funds leveraged beyond the itself, fall within the statutory terms individuals share common interests 20% match? ‘‘research, studies’’ etc., nor would a related to their homes and businesses, proposal to start a routine recycling their personal and professional lives, (3) Measurable Results: 25 Points program. the surrounding natural landscape and • Does the proposal describe the On the other hand, the statutory term environment, and the local or regional specific environmental, economic, and ‘‘demonstration’’ can encompass the economy. A community can be one or quality of life benefits to be gained by first instance of the application of a more local governments, a the community? Is there a plan to pollution control technique, or an neighborhood within a small or large identify which non-sustainable innovative application of a previously city, a large metropolitan area, a small behaviors will be addressed by the used method. Similarly, the application or large watershed, an airshed, tribal proposal and how will behavior change of established practices may qualify lands, ecosystems of various scales, or be measured? when they are part of a broader project some other specific geographic area • How does the proposal include which qualifies under the term with which people identify. significant achievable short-term ‘‘research.’’ Metropolitan Area: A geographic area (within three years) and long-term The second threshold determination, consisting of a large population nucleus targets or benchmarks to measure the in order to be funded, is that a project’s together with adjacent communities proposal’s contribution to the focus generally must be one that is which have a high degree of economic community’s environmental and specified in the statutes listed above. and social integration with that nucleus, economic sustainability? (These should For most of the statutes, a project must generally these are cities of 50,000 or be both quantitative and qualitative.) address the causes, effects, extent, more population, or a total area in city • Does the proposal set goals for the prevention, reduction, and elimination and suburbs with a population of proactive environmental approaches it of air, water, or solid/hazardous waste 100,000 or more. (U.S. Census Bureau) employs? pollution, or, in the case of grants under Non-sustainable Behavior: • After seed funds from EPA are the Toxic Substances Control Act or the Development, or land and water exhausted, does the proposal Federal Insecticide, Fungicide and activities, management or uses, which demonstrate how the work will Rodenticide Act, to ‘‘carrying out the limit the ability of humans and continue, or how it will evolve into or purposes of the Act.’’ While the purpose ecosystems to live sustainably by generate other sustainability efforts, of this program’s grants will include the destroying or degrading ecological either locally or regionally? other two aspects of sustainable values and functions, diminishing the • Will the experiences gained during development and economic prosperity, material quality of life, and diverting the project be transferable to other the overarching concern or principal economic benefits away from long-term communities? If so, how? focus must be on the statutory purpose community prosperity and decreases the of the applicable grant authority, in long-term capacity for sustainability. Statutory Authority most cases ‘‘to control pollution.’’ Note Collaborative or Partnership EPA expects to award Sustainable that proposals relating to other topics Approach: A project which attempts to Development Challenge Grants program which are sometimes included within use various government and private under the following eight grant the term ‘‘environment’’ such as programs, authorities, jurisdictions and authorities: Clean Air Act section recreation, conservation, restoration, sectors, to simultaneously achieve as 103(b)(3); Clean Water Act section 104 protection of wildlife habitats, etc., many sustainability goals as possible, (b)(3); Resource Conservation and should describe the relationship of these recognizing the interdependencies Recovery Act section 8001; Toxics topics to the statutorily required between environmental quality, Substances Control Act section 10; purpose of pollution control. community vitality and economic Federal Insecticide, Fungicide, and prosperity. Rodenticide Act section 20; Safe Definitions Drinking Water Act sections 1442 (a) Sustainable Development: Sustainable Who Should Apply and (b); National Environmental development means integrating Eligible applicants include: (1) Education Act, section 6; and Pollution environmental protection, and Incorporated non-profit (or not-for- Prevention Act, section 6605. community and economic goals. profit) private agencies, institutions and A proposal must meet the following 2 Sustainable development meets the organizations; and (2) public (state, important criteria to be considered for needs of the present generation without county, regional or local) agencies, funding. The first threshold compromising the ability of future institutions and organizations, determination for a project to be generations to meet their own needs. including those of federally-recognized selected for funding, is that it must The sustainable development approach Indian tribes. While state agencies are consist of activities within the statutory seeks to encourage broad-based eligible they are encouraged to work in terms of these EPA grant authorities. community participation and public partnership with community groups to Most of the statutes authorize grants for and private investment in decisions and strengthen their proposals. Federal the following activities: ‘‘research, activities that define a community’s agencies are not eligible for funding, investigations, experiments, training, environmental and economic future and however, they are also encouraged to demonstrations, surveys and studies.’’ social equity. work in partnership with state and local 26900 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices agencies on these projects. For instance, The match can come from a variety of Paperwork Reduction Act the Urban Resources Partnership places public and private sources and can The information collection provisions government resources into the service of include in-kind goods and services. No in this Notice, for solicitation of community-led environmental projects. federal funds, however, can be used as proposals, have been approved by the Applicants are not required to have a matching funds without specific Office of Management and Budget formal Internal Revenue Service (IRS) statutory authority. (OMB) under the Paperwork Reduction non-profit designation, such as 501(c)(3) Selection Process Act, 44 U.S.C. 3501 et seq. (ICR No. or 501(c)(4), however they must present 1755.01 and OMB Approval No. 2010– their letter of incorporation or other EPA Regional Offices will assess how 0026). The approved Information documentation demonstrating their well the proposals meet the selection Collection Request (ICR No. 1755.01) is nonprofit or not-for-profit status. Failure criteria outlined above. The Regional in effect and will cover all burdens to enclose the letter of incorporation or Offices will then forward their top associated with Sustainable other documentation demonstrating proposals to Headquarters for review by Development Challenge Grants. Copies their nonprofit or not-for-profit status a National Panel consisting of of the ICRs (ICR Nos. 1755.01 and will result in an incomplete submission Headquarters and Regional 1755.02) may be obtained from the and will not be reviewed. Applicants representatives. The panel’s Information Policy Branch, EPA, 401 M who do have an IRS 501(c)(4) recommendations will be presented to Street, S.W. (Mail Code 2136), designation are not eligible for grants if EPA Senior Management for final Washington, DC 20460 or by calling they engage in lobbying, no matter what selection. In making these final (202) 260–2740. the source of funding for the lobbying selections such factors as geographic This action does not impose annual activity. (No recipient may use grant diversity, project diversity, costs, and costs of $100 million or more, will not funds for lobbying.) Further, profit- project transferabililty may be significantly or uniquely affect small makers are not eligible to receive sub- considered. governments, and is not a significant grants from eligible recipients, although federal intergovernmental mandate. The they may receive contracts, subject to What Costs Can Be Paid Agency thus has no obligations under EPA’s regulations on procurement Even though a proposal may involve sections 202, 203, 204 and 205 of the under assistance agreements, 40 Code of Unfunded Mandates Reform Act. Federal Regulations (CFR) 30.40 (for an eligible applicant, eligible activity, and eligible purpose, grant funds cannot Moreover, since this action is not non-governmental recipients) and 40 subject to notice-and-comment CFR 31.36 (for governments). necessarily pay for all of the costs which the recipient might incur in the course requirements under the Administrative Funding Ranges and Match of carrying out the project. Allowable Procedure Act or any other statute, it is costs are determined by reference to the not subject to sections 603 or 604 of the Applicants may compete for funding Regulatory Flexibility Act. in two ranges: (1) $50,000 or less, and EPA regulations cited below and to (2) between $50,001 and $250,000. OMB Circulars A–122, ‘‘Cost Principles Submission to Congress and the Applicants may submit multiple for Non-profit Organizations’’, A–21 General Accounting Office proposals, but each specific proposal ‘‘Cost Principles for Education Institutions’’ and A–87, ‘‘Cost Principles Under 5 U.S.C. 801(a)(1)(A) as added must be for a separate and distinct by the Small Business Regulatory project. No organization may receive for State, Local, and Indian Tribal Governments.’’ Generally, costs which Enforcement Fairness Act of 1996, EPA funding for more than one proposal submitted a report containing this rule each year. In addition, projects awarded are allowable include salaries, equipment, supplies, training, rental of and other required information to the will be ineligible for future competition U.S. Senate, the U.S. House of for this program. office space, etc., as long as these are ‘‘necessary and reasonable.’’ Representatives and the Comptroller This program is intended to provide General of the General Accounting seed money to leverage a broader public Entertainment costs are an example of unallowable costs. Office prior to publication of the rule in and private investment in sustainability today’s Federal Register. This rule is activities. As a result, the program Applicable Grant Regulations not a ‘‘major rule’’ as defined by 5 requires a minimum non-federal match U.S.C. 804(2). of at least 20% of the project budget. 40 CFR Part 30 (for other than state/ EPA funds can be used for no more than local governments e.g. non-profit Dated: May 8, 1997. 80% of the total cost of the project. EPA organizations) (recently revised, see 61 Fred Hansen, strongly encourages applicants to FR 6065 (Feb. 15, 1996)), and Part 31 Deputy Administrator. leverage as much investment in (for state and local governments and [FR Doc. 97–12789 Filed 5–14–97; 8:45 am] community sustainability as possible. Indian tribes). BILLING CODE 6560±50±P federal register May 15,1997 Thursday National Park;Notice Air TourRoutesfortheGrandCanyon Rules Area;ProposedRule Canyon NationalParkSpecialFlight Establishment ofCorridorsintheGrand 14 CFRPart93 Federal AviationAdministration Transportation Department of Part VI 26901 26902 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules
DEPARTMENT OF TRANSPORTATION Mr. William J. Marx, Division Manager, Federal Register’s electronic bulletin ATA–300, Federal Aviation board service (telephone: 202–512– Federal Aviation Administration Administration, 800 Independence 1661), or the FAA’s Aviation Avenue, SW., Washington, DC, 20591; Rulemaking Advisory Committee 14 CFR Part 93 Telephone: (202) 267–3075. Bulletin Board Service (telephone: 800– FAA–ARAC). Internet users may reach [Docket No. 28902; Notice No. 97±6] SUPPLEMENTARY INFORMATION: the FAA’s web page at http:// RIN 2120±AG38 Comments Invited www.faa.gov or the Federal Register’s webpage at http://www.access.gpo.gov/ Establishment of Corridors in the Interested persons are invited to l Grand Canyon National Park Special participate in this proposed rulemaking su docs for access to recently Flight Rules Area by submitting such written data, views, published rulemaking documents. or arguments as they may desire. History AGENCY: Federal Aviation Comments relating to the Administration (FAA), DOT. On December 31, 1996, the FAA environmental, energy, federalism, or published three concurrent actions, a ACTION: Notice of proposed rulemaking economic impact that may result from (NPRM). Notice of Proposed Rulemaking adopting the proposals in this notice are (NPRM), a Notice of Availability of also invited. Comments that provide the SUMMARY: This action proposes to Proposed Commercial Air Tour Routes, factual basis supporting the views and amend two of the Flight-free Zones and a final rule, in the Federal Register suggestions presented are particularly within the Grand Canyon National Park (61 FR 69301). These actions are part of helpful in developing reasoned by establishing two corridors. The first an overall strategy to reduce further the regulatory decisions. Communications corridor through the Bright Angel Flight impact of aircraft noise on the park should identify the regulatory docket Free Zone would be an incentive environment and to assist the NPS in number and be submitted in triplicate to corridor to be used only by the most achieving the statutory mandate the above specified address. All noise efficient aircraft. The second imposed by Public Law 100–91. communications and a report corridor through the Torroweap/ The NPRM, Notice No. 96–15, summarizing any substantive public Shinumo Flight-free Zone would go proposed to establish noise limitations contact with FAA personnel on this through the National Canyon area and for certain aircraft operating in the rulemaking will be filed in the docket. would create a viable air tour route vicinity of GCNP. The comment period The docket is available for public through the central section of the Park for the NPRM closed on March 31, 1997. inspection both before and after the while addressing concerns of the Native Notice No. 96–15 had several purposes. closing date for receiving comments. Americans. The proposed corridor The first was to provide incentives for Before taking any final action on this would not affect the existing Tuckup the use of quieter aircraft within the proposal, the Administrator will Corridor currently used by general GCNP. The second was to establish consider all comments made on or aviation. These proposals are made in additional noise limitations to reduce before the closing date for comments, response to comments received on further the impact of aircraft noise on and the proposal may be changed in related Grand Canyon rulemaking the GCNP environment. The third light of the comments received. actions, National Park Service would have lifted for the quietest The FAA will acknowledge receipt of recommends the environmental merit of aircraft the immediate temporary cap a comment if the commenter includes a such routes conducted pursuant to the placed on the number of aircraft self-addressed, stamped postcard with comments, and ongoing discussions permitted to be used for commercial the comment. The postcard should be with Native American tribal government sightseeing operations in the GCNP. marked ‘‘Comments to Docket No. The Notice of Availability of Proposed units and their representatives. 28902.’’ When the comment is received Commercial Air Tour Routes for the DATES: Comments must be received on by the FAA, the postcard will be dated, GCNP was published with a 30-day or before June 16, 1997. time stamped, and returned to the comment period that closed on January ADDRESSES: Comments on this NPRM commenter. 30, 1997. The Notice requested should be mailed, in triplicate to: comments on the proposed new or Availability of the NPRM Federal Aviation Administration, Office modified existing air tour routes, which of the Chief Counsel, Attention: Rules Any person may obtain a copy of this complement the final rule affecting the Docket (AGC–200), Docket No. 28902, NPRM by submitting a request to the Special Flight Rules in the Vicinity of 800 Independence Avenue, SW., Federal Aviation Administration, Office GCNP. Washington, DC 20591. Comments may of Rulemaking, 800 Independence The final rule amended 14 CFR part also be sent electronically to the Rules Avenue SW., Washington, DC 20591, or 93 of the Federal Aviation Regulations Docket by using the following Internet by calling (202) 267–9677. (Part 93) by adding a new subpart which address: 9–nprm–[email protected]. Communications must identify the codified and replaced SFAR No. 50–2; Comments must be marked Docket No. notice number of this NPRM. Persons modified the dimensions of the GCNP 28902. Comments may be examined in interested in being placed on a mailing SFRA; established and modified the Rules Docket in Room 915G on list for future FAA NPRM’s should existing flight corridors; established weekdays between 8:30 a.m. and 5:00 request a copy of Advisory Circular No. reporting requirements for commercial p.m., except on Federal holidays. 11–2A, Notice of Proposed Rulemaking sightseeing operations; established FOR FURTHER INFORMATION CONTACT: Distribution System, which describes curfews for operations in the Zuni and Mr. Dave Metzbower, Air Carrier application procedures. Dragon corridors during certain time Operations Branch, AFS–220, Flight An electronic copy of this document periods; and placed a temporary limit Standards Service, Federal Aviation may be downloaded using a modem and on the number of aircraft that can be Administration, 800 Independence suitable communications software from used for commercial sightseeing Avenue, SW., Washington, DC 20591; the FAA regulations section of the operations in the GCNP SFRA. The final Telephone: (202) 267–3724. For the Fedworld electronic bulletin board rule was originally scheduled to become draft Environmental Assessment contact service (telephone: 703–321–3339), the effective May 1, 1997. However, for the Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules 26903 reasons stated below, the FAA on the new routes, the FAA determined topography. Commenters further believe published another final rule on that the training should take place after that the loss of a viable air tour route in February 26, 1997, 62 FR 8861, which the summer tourist season when the the National Canyon area would cause changed the effective date to January 31, volume of air traffic is lower. Therefore, significant and irreparable harm to 1998, for those portions of the December the FAA determined that January 31, economic viability of air tour operators 31, 1996, final rule which define the 1998, would be an appropriate revised and other dependent businesses as well Grand Canyon SFRA (14 CFR Sec. effective date of the new airspace and as the local economy. According to 93.301), define the flight free zones and route structure. This additional time commenters, this will result in shifting flight corridors (14 CFR Sec. 93.305), will permit the FAA to develop the best of traffic to the routes south of the and establish minimum flight altitudes possible route structure, facilitate Sanup Flight-free Zone or to the routes in the vicinity of the GCNP (14 CFR Sec. production and printing of aeronautical around the Bright Angel Flight-free 93.307). The February 26, 1997, final charts, and give the operators sufficient Zone. Commenters fear that the rule also reinstated the corresponding time to train their pilots adequately and resulting compression and congestion of sections of SFAR 50–2 until January 31, safely on the new routes after the close traffic in those areas will eventually 1998. of the busy summer season. lead to a mid-air collision. In order to meet the May 1, 1997 The FAA determined that 5 U.S.C. Other comments address the proposed effective date, the FAA would have had 553(b) provides sufficient justification Blue One Alpha route through the to transmit the data on the proposed to issue a final rule delaying the proposed National Canyon Corridor as routes to the National Ocean Service effective date of the relevant portions of addressed in Notice 96–15, published (NOS) by February 21, 1997. The NOS the December 31, 1996 final rule December 31, 1996. These commenters is the agency responsible for the without notice or an opportunity for believe that no air tour routes should be production and printing of aeronautical comment. Therefore, the FAA changed permitted through the Toroweap- charts. The NOS would then have the effective date of 14 CFR 93.301, Shinumo Flight-free Zone, even for less produced by April 1, 1997, an 93.305, and 93.307 to January 31, 1998, noisy (Category C) aircraft. The river aeronautical chart that would have been and reinstated the corresponding corridor from National Canyon to used by the air tour operators for sections of SFAR 50–2. While there was Havasu Creek should receive maximum training purposes. not sufficient time to allow prior notice protection from air tour noise. The However, during the comment period, or comment concerning the FAA addition of the National Canyon to the the FAA received valuable information decision to delay the May 1 effective Toroweap-Shinumo Flight-free Zone from commenters, as well as suggestions date, the FAA invited comments was critically necessary for the for alterations and refinements of the concerning any other aspect of the restoration of natural quiet. route structure from officials of the notice, including the new Furthermore, commenters allege that GCNP and NPS that could potentially implementation date of January 31, this route is non-essential since most of produce noise reduction benefits and 1998. The comment period closed the Las Vegas-Tusayan flights are also address other related impacts. Both March 24, 1997. The temporary cap shuttles to the Canyon and not solely air the FAA and the DOI believe that a provisions, curfews, and reporting tours. number of the suggested changes would requirements were unaffected by these Consultation with the Havasupai produce a significantly better rule for actions and will go into effect for Grand Tribe under section 106 of the National GCNP users, the aviation operators, and Canyon air tour operators on May 1, Historic Preservation Act also revealed interested Native American tribes. The 1997. potential impacts on sacred and cultural FAA had to decide between proceeding sites should the National Canyon with the proposed routes to meet the Public Comments on Proposed Routes Corridor be implemented as proposed in May 1 final rule effective date, or and on Noise Limitations NPRM the December 31, 1996, NPRM. developing a better and more During the comment period on the FAA Response: The National Canyon comprehensive route structure in Notice of Availability of Proposed Corridor, as proposed in this NPRM, response to the comments and Commercial Air Tour Routes for the provides a workable solution to several suggestions. The latter would require GCNP, the FAA received valuable issues addressed by commenters and additional time for analysis and would information from commenters, as well raised in consultation with Native not go into effect until after the busy as suggestions for alterations and American tribes. summer tourist season. refinements of the route structure from The air tour routes in the central For the reasons stated above, the FAA officials of the GCNP and NPS that region of the park, as previously determined that permitting the final rule could potentially produce noise proposed on December 31, 1996, did not to become effective on May 1, 1997, reduction benefits. Based on an analysis provide air tour operators using less would be contrary to the public interest of these comments and suggestions the noise efficient aircraft with a viable air and, therefore, decided not to send the FAA issued a new proposed route tour route. The proposed incentive route originally proposed routes to NOS for structure concurrent with the issuance for Category C aircraft would have charting at that time. Rather, the FAA of this proposal. Several of the resulted in a continued level of aircraft decided to analyze the new ideas with comments relate to the proposals in this activity just north of Supai Village, the expectation of creating the best NPRM. which is the central location of the possible routes. Havasupai Tribe. In addition, there The FAA’s training and checking Public Comments on the Central Region would have been a number of flights experience indicates that qualifying air Commenters state that, with the move over some of the sites sacred to the tour pilots on new routes during a peak of air tours south of the National Havasupai Tribe. By altering the tourist season when the air traffic is the Canyon as required by the expansion of National Canyon Corridor, and by densest is not the appropriate time for the Toroweap/Shinumo Flight-free permitting all aircraft to use the corridor such a transition. At GCNP, the peak Zone, operators will not be able to sell until December 31, 2001, after which season extends approximately from May an air tour in the central region of GCNP time westbound traffic would only be through October. To afford operators a as passengers would not be able to see permitted to traverse the corridor in more favorable opportunity for training the Canyon or its other unique Category C aircraft, and proposing an 26904 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules incentive route on the eastern region of safety. The FAA believes that if there canyon along Saddle Mountain, where the GCNP, the FAA expects several were not a viable air tour route in the the NPS has pointed out some noise benefits to accrue. central region of the GCNP, operators sensitivity. Second, noise from the air First, the Corridor, as proposed in this would divert their operations to the tour aircraft would be dispersed NPRM, feeds into an altered proposed routes south of the Sanup Flight-free between the northern boundary of the route that is significantly shorter than Zone resulting in compression of traffic. new Bright Angel Flight-free Zone and that previously proposed. By The corridor as proposed in this NPRM the proposed corridor, thereby reducing eliminating the portion of the route enhances air traffic safety by removing the level of concentrated aircraft noise north of Supai Village, it eliminates air a factor that could lead to compression along any one route. Third, opening this tour flights around Supai Village, the of traffic in the routes south of the corridor only to the most noise efficient current home of the Havasupai Tribe, Sanup Flight-free Zone. In the absence aircraft would provide a valuable and and minimizes and/or avoids increased of the proposed corridor, and associated tangible incentive for the air tour overflights of the vast majority of their route, the potential for unsafe operating operators to convert to quieter aircraft traditional cultural properties, including conditions could lead to mid-air well before they are required to do so. sacred sites. It also minimizes socio- collision due to the resulting The GCNP could thereby experience the economic impacts to their economy compression of air traffic. benefit of an earlier reduction in the which is based primarily on tourism Athough the FAA believes that there level of aircraft noise. which in turn is based on the isolated are many advantages to the National The FAA agrees with this analysis. and natural character of the northern Canyon route as proposed, it also For that reason, the FAA is proposing part of the reservation. acknowledges that the actual users of the creation of the Bright Angel Corridor Second, this proposal produces the GCNP—air tour operators, Native available for use only by the most positive net effects on the environment Americans, and Park visitors—may efficient aircraft. over the previous proposal. The suggest an alternate route that could be The Proposal redefined corridor traverses a much more viable than the exact route smaller segment of the Toroweap/ proposed. Therefore, based on The FAA proposes to create two Shinumo Flight-free Zone than does the comments received and on further corridors that pass through flight-free corridor proposed in Notice No. 96–15. consultation with Native Americans, the zones. While the corridor proposed in this FAA advises commenters that the route, One corridor would be through the NPRM would be open to all aircraft as proposed, may be altered in the final Bright Angel Flight-free Zone along the until December 31, 2001, as opposed to rule. route that is currently depicted on the only Category C aircraft as in the Grand Canyon VFR Aeronautical Chart previous proposal, the overall effect of Public Comments on the Eastern Region as the Green One Alpha and Black One aircraft noise is lessened by routing air Some commenters state that the Alpha. The establishment of this traffic over less frequently used, less routes proposed in the December 31, corridor would mitigate any potential noise-sensitive areas. The FAA believes 1996, notice of availability offer no adverse effects by dispensing the noise that permitting only Category C aircraft reduction of aircraft sound in the from air tour aircraft through out the to be used in westbound traffic of the eastern and most sensitive region of eastern sector of the park. This corridor, National Canyon Corridor after GCNP and that there should be route one mile in width, is being proposed for December 31, 2001, would work toward incentives for quiet airplanes. the most noise efficient aircraft only. further reduction of noise in the The FAA has also conducted a The second proposed corridor, which corridor. preliminary review of the comments is two miles in width, would be through Third, this proposal permits the received on Notice 96–15. Most of the the Toroweap/Shinumo Flight-free Zone establishment of a viable air tour route comments received on that NPRM will in that portion of that Flight-free Zone in the central region of the GCNP, which be addressed in a future final rule. which covers the National Canyon area. will be available to all aircraft. The FAA Response: The expansion of the This corridor is proposed to allow the operators have informed the FAA that Bright Angel Flight-free Zone is a route known currently as the Blue One the Blue One route, as depicted on significant step towards achieving the on the Grand Canyon VFR Aeronautical December 31, 1996, is not a viable air substantial restoration of natural quiet Chart and as Blue One Alpha on the tour, and that the proposed Blue One in the eastern region of the GCNP by Proposed Air Tour Routes map to Alpha route was an example of a viable relocating the air tour aircraft to the continue through that portion of the air tour route. In view of all of these north of an expanded Flight-free Zone. Toroweap/Shinumo Flight-free Zone concerns, the FAA is proposing a route While this modification is beneficial for that covers the National Canyon area. At that is similar in nature to the a major part of the eastern region, the the approximate point (estimated to be previously proposed Blue One Alpha expansion does create a concentration of within 1 to 3 miles) where the current but would permit all operators to aircraft in the northeastern end of the Blue One or proposed Blue One Alpha operate on a viable route in the central GCNP SFRA north of the Bright Angel makes its first right turn in the National region of the GCNP and provide relief to Flight-free Zone. Canyon area the route would turn a number of areas that are considered The NPS reviewed this situation and southeast from that point intercepting a sacred to the Havasupai Nation. recommended that a new incentive route that goes directly to Tusayan. This proposal avoids the economic route should be available for the most The FAA proposes to place the harm which otherwise could be noise efficient aircraft. This proposed corridor through the National Canyon expected to accrue to air tour operators corridor would pass through the Bright area in a location that will provide the should they be deprived of a viable air Angel Flight-free Zone along the greatest amount of noise mitigation for tour route through the central region of northern boundary of the current Bright Grand Canyon National Park and the the GCNP. Angel Flight-free Zone as defined in Havasupai tribe, while addressing the Finally, the FAA believes that a viable SFAR 50–2. The proposed Bright Angel economic concerns of the air tour air tour route over the central region of Corridor would have a three-fold industry. The official position of the the park, open to all aircraft until benefit. First, fewer aircraft would be Havasupai is that there should be no air December 31, 2001, would promote air flying over the northern rim of the tour routes over Havasupai tribal lands. Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules 26905
After a meeting between the tribe and release a chart that depicts the air tour docket. For those unable to view the the FAA on April 9, 1997, the routes which can be used for training document in the docket, the written Havasupai representatives agreed to and familiarizing the operators well in reevaluation can be obtained from Mr. present the FAA’s suggestions to the advance of the January 31, 1998, William J. Marx, Division Manager, Tribal Council and to discuss possible effective date of the expansion of the ATA–300, Federal Aviation ways of dealing with the issue. The FAA flight free zones. The new routes would Administration, 800 Independence is working with the Havasupai to also become effective on January 31, Ave., SW, Washington, DC 20591, minimize any potential adverse effects 1998. Telephone: (202) 267–3075. Comments and will continue to work with the In addition to the two actions listed concerning the environmental impacts tribal and monitor the situation in the above, the FAA also published an of adopting this proposal or the written future. Therefore, the FAA is requesting NPRM on December 31, 1996, proposing reevaluation should be submitted to the comments on this specific proposal as a methodology and outlining the effects docket before the comment period well as alternative placements of a of classifying the air tour aircraft in closes. Before any final rule is issued, corridor in the National Canyon area. noise efficiency categories. The based on any comments and the written Based on comments from the public categories are based on the concept that reevaluation, the FAA will determine and further consultation with Native the most desirable aircraft to be used in whether any further environmental Americans, the FAA may alter the the GCNP are those aircraft that can review is warranted. routes to create the most viable route accommodate air tour passengers with structure in the GCNP for all concerned. the least amount of noise per seat. The Economic Summary The FAA advises the public that comment period on the NPRM closed on Any changes to Federal regulations comments on the proposed routes or March 31, 1997. The FAA will address must undergo several economic any alternative routes should be the comments received on the NPRM analyses. First, Executive Order 12866 sufficiently detailed and show definitive issues in a subsequent rulemaking. directs that each Federal agency shall benefits so that they may be adopted in However, comments pertaining to the propose or adopt a regulation only upon a final rule. National Canyon Corridor will be a reasoned determination that the addressed in the final rule to this action. benefits of the intended regulation Relationship of This NPRM to Other The comments received on all the justify its costs. Second, the Regulatory Actions above mentioned actions, together with Flexibility Act of 1980 requires agencies As previously stated, the FAA the information obtained through to analyze the economic effect of published three actions on December continuing discussions with the Native regulatory changes on small entities. 31, 1996, that related to the airspace American tribes, form the basis of this Third, the Office of Management and management of the GCNP. One of those action. Specifically, the comments Budget directs agencies to assess the actions was a final rule that established concerning the need for quiet incentive effect of regulatory changes on a reporting requirement on the air tour routes and the location of the Blue One international trade. operators, established operational Alpha route that would feed into the In conducting these analyses, the FAA curfews on certain air tour routes within National Canyon Corridor prompted the has determined that this proposed the GCNP, and temporarily restricted FAA to review the airspace structure rulemaking, when viewed as a the number of aircraft that could be within the GCNP and to propose the two component of and in conjunction with operated on commercial air tour routes new routes contained in this NPRM. other actions recently published by the within the GCNP. These three Comments previously submitted in FAA, is cost relieving to one-half of the provisions will become effective on May other actions that pertain to incentive small entities significantly impacted 1, 1997. The final rule, as amended on routes and the National Canyon economically. The remaining operators February 26, 1997, also enlarged the Corridor are addressed in this NPRM. affected by this proposed rulemaking, existing flight free zones in the GCNP. Even though this action is related to however, would be significantly Those provisions will become effective other actions, it does not attempt to impacted by this NPRM in that they on January 31, 1998. finalize any proposal made elsewhere. would be required to absorb higher A Notice of Availability of Routes was Therefore, the proposals in this NPRM average annual variable operating costs the second of the three actions should be viewed in conjunction with imposed by the GCNP final rule (Dec. published on December 31, 1996. The other actions and proposals, but should 31, 1996 at 61 FR 69302). FAA issued a map that delineated not be viewed as completing any other Because of the continued high public proposed routes for air tour operations action. interest surrounding GCNP regulation, within the GCNP. Subsequent the FAA has determined that this NPRM Environmental Review comments on the proposed routes from does constitute a ‘‘significant regulatory the air tour operators, environmental The FAA is reevaluating the Final action’’ based on the criteria outlined in groups, and Native American tribal Environmental Assessment dated E.O. 12866. This NPRM, in accordance government units strongly supported December 24, 1996, for the Special with OMB directives, however, would alternative routes that could protect the Flight Rules in the Vicinity of the GCNP not have a significant affect on sacred sites of the Native Americans, to determine whether the proposed international trade. A full regulatory further reduce aircraft overflight noise, changes in this NPRM and the second evaluation of the proposal is in the and continue to provide viable air tour Notice of Availability of Proposed docket. routes for the operators. Based on those Routes are substantial so as to warrant comments, concurrent with the issuance preparation of additional environmental Costs of this proposal, the FAA issued further documents. This reevaluation is being The possible quantifiable economic refinements to the air tour routes done in accordance with the National effects for this NPRM are derived from previously proposed. The FAA will Environmental Policy Act of 1969 and the estimated costs germane to the two consider the comments already received other applicable environmental affected flight-free zones (FFZ’s) as along with the new comments requirements. Copies of the written developed in the final rule 61 FR 69302, submitted by the end of the current reevaluation will be circulated to published December 31, 1996. These comment period. The FAA plans to interested parties and placed in the initial estimates were adjusted to take 26906 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules into account the effects of a subsequent Bright Angel FFZ for Category C aircraft commercial sightseeing tour aircraft final rule (Feb. 26, ‘97 at 62 FR 8862), only, would be a reduction of $538,000 flying time does not provide sufficient which delayed the effective date of the in average annual variable operating savings in aggregate daily flying time to expansion of the FFZ’s as stated in 14 costs for operators of these aircraft; allow operators to expand their number CFR § 93.305 to January 31, 1998. With operators of Category A and Category B of daily commercial sightseeing flights regard to the Bright Angel FFZ, the FAA aircraft would have to absorb the added per aircraft. estimated in final rule 61 FR 69302 that variable operating cost of the longer The cost of the proposed rule would there would be no net operating losses, route established for them in final rule be any adverse impact of the two and hence, no added costs to the GCNP 61 FR 69302. proposed flight corridors on the commercial sightseeing operators With regard to the southward restoration of natural quiet in the associated with the northward extension extension of the Toroweap/Shinumo canyon. The potential adverse impact of this FFZ. The FAA assumed in that FFZ concurrent with the elimination of cannot be quantified in this NPRM. The analysis, that this increase in average commercial sightseeing access to the FAA solicits comments on ways to annual variable operating costs would National Canyon portion of what is quantify the effects on the restoration of be offset by an equal $1.0 million referred to as the ‘‘Blue 1, Blue Direct’’ the natural quiet in this proposed rule. average annual increase in ticket prices. commercial sightseeing tour, the FAA The more detailed those comments, the The FAA therefore, concluded in final estimated a reduction in net operating better able the FAA will be to assess rule 61 FR 69302, that no net operating revenues in final 61 FR 69302. This loss those benefits in a final rule. The Bright losses (operating revenue minus resulted from the expected lowering of Angel FFZ corridor would create an variable operating costs) would be borne commercial sightseeing tour prices due additional incentive for air tour by GCNP commercial sightseeing tour to the elimination of the most scenic operators to use Category C aircraft. The operators as a result of the extension of aerial portion of the overall commercial Toroweap/Shinumo FFZ corridor would the Bright Angel FFZ. Thus, the full sightseeing package offset to some permit the continued operation of an air societal cost of a $1.0 million average degree, by lower variable operating costs tour in that area, tours which were annual increase in commercial due to the shortening of the tour route. seriously affected by final rule 61 FR sightseeing prices would be borne by The FAA estimated this loss to be in 69302. Taken together, both of these the consumer. excess of $2.5 million in reduced proposed corridors would benefit the average annual net operating revenue GCNP commercial sightseeing operators. Only one fixed-wing operator, and was derived by subtracting the Benefits utilizing three 19-seat Vistaliners, which estimated reduction of $2.5 million in are Category C aircraft, would be able to average annual variable operating costs The benefits associated with this conduct commercial sightseeing tours from the estimated average annual NPRM include (1) A more rapid along the proposed flight corridor revenue loss of $5.0 million. conversion to quieter aircraft in traversing the Bright Angel FFZ. This Incorporaitng adjustments to reflect a response to an inceptive route for operator, however, accounted for partial restoration of the National operators of noise efficient Category C approximately 4,900 tours, 88,300 Canyon portion of the ‘‘Blue 1, Blue aircraft; (2) the shifting away of a passengers, and $5.3 million in total Direct’’ air tour, the FAA estimates that commercial sightseeing tour route away operating revenues in 1995. This the proposed flight corridor through the from cultural and historic sites of the operator also accounted for Toroweap/Shinumo FFZ would lower Havasupai Tribe that would enhance the approximately $538,000 of the more the average annual net operating sacredness and preservation of these than $1.0 million in increased average revenue loss as previously estimated in sites; and (3) the restoration of an air annual variable operating costs and final rule 61 FR 69302 form $2.5 million tour route between Las Vegas and Grand prices estimated in final rule 61 FR to just over $1.7 million for the time Canyon Airport that reduces average 69302. The FAA assumes the operator of period 1998–2008. This reduction in annual net operating revenue losses. Category C aircraft would continue to average annual net operating revenue The particular groups that would benefit conduct commercial sightseeing tours losses of $712,000 results from a most from this rulemaking action are the along the Alpha routes as always, and comparable reduction in average annual Havasupai Tribe and some of the this would eliminate over one-half of revenue losses from a previously operators and consumers of GCNP the variable operating cost and tour estimated $5.0 million to $2.5 million commercial sightseeing tours, price increases previously estimated in ($2.5 million) which in turn is offset by particularly those able to use or convert final rule 61 FR 69302. The remaining a lowering of the reduced variable to quieter aircraft. increase in variable operating costs and operating costs from a previously The establishment of the proposed tour prices estimated in final rule 61 FR estimated $2.5 million to $758,000 ($1.8 corridor for noise efficient Category C 69302 ($497,000) would continue, and million). Thus, the FAA estimates the aircraft through the Bright Angel FFZ would remain as an on-going cost of cost savings of the proposed flight along the ‘‘Alpha’’ routes would reduce final 61 FR 69302. However, these costs corridor through the Toroweap/ increased aircraft noise created by the would be transferred from a cost to the Shinumo FFZ for all aircraft would be consolidation of aircraft overflight noise consumer (increased prices) to a cost to a reduction of $712,000 in average at the northern edge of the expanded the operators of Category A and annual net operating revenue losses as FFZ as described in final rule 61 FR Category B aircraft (net operating previously estimated in final rule 61 FR 69302. Furthermore, to the extend the revenue loss). This is because operators 69302. consumer perceives the current shorter, of Category A and Category B aircraft Adding commercial sightseeing flights more established commercial would be required to maintain their per aircraft between Las Vegas and sightseeing tour through the proposed current tour prices in order to remain Tusayan along the proposed flight flight corridor as having a greater value, competitive with the Category C corridor through the Toroweap/ then demand for these tours conducted operator who would no longer need to Shinumo FFZ is not a viable option for in the more noise efficient Category C raise his tour prices. Thus, the FAA these GCNP commercial sightseeing aircraft would increase. Concurrently, estimates the cost savings of the operators. As was future in final 61 FR demand for the longer sightseeing tours proposed flight corridor through the 69302, the reduction in total conducted in Category A and Category Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules 26907
B aircraft would decrease. As stated $712,000 in the previously estimated The proposed rulemaking could affect earlier, the operators of these aircraft average annual loss in net operating a substantial number of the commercial have to absorb the remaining $497,000 revenue. Except for potential adverse sightseeing operators conducting tour increase in average annual variable noise effects, the FAA therefore flights in Grand Canyon National Park operating costs re-estimated in final rule concludes that this NPRM would be cost under 14 CFR part 135. The commercial 61 FR 69302. In addition, they might relieving. sightseeing operators affected are those also face a decline in revenues as providing commercial sightseeing tours patronage shifts to air tours offered in Initial Regulatory Flexibility Analysis currently operating along the ‘‘Blue 1’’, Category C aircraft. In combination, By both law and executive order, ‘‘Black 1’’, and ‘‘Green 1’’ tour routes these two potential outcomes of this Federal regulatory agencies are required who would be permitted to conduct proposed rulemaking could create a to consider the impact of proposed commercial sightseeing tours along the significant incentive for operators of regulations on small entities. Executive flight corridors proposed by this NPRM. Category A and Category B aircraft to Order 12866 ‘‘Regulatory Planning and FAA data indicate that in 1995, of the convert to Category C aircraft sooner Review’’, dated September 30, 1993, 31 identified GCNP commercial than was proposed in 61 FR 69334, states that: sightseeing operators, 25 conducted air leading to a more rapid mitigation of tours along the affected routes, and of Each agency shall tailor its regulations to noise in GCNP. impose the least burden on society, including these, 20 were potentially affected small Comments received on Notice No. 96– individuals, businesses of different sizes, and commercial sightseeing operators, each 11 state that the use of noise efficient other entities (including small communities owning, but not necessarily operating 9 aircraft will, in the long run, provide the and governmental entities), consistent with or fewer aircraft. These operators owned most benefit toward restoring natural obtaining the regulatory objectives, taking a total of 61 aircraft and the average fleet quiet. There is an outstanding NPRM on into account, among other things, and to the consisted of about 3 airplanes. The FAA the issue of noise limitations for certain extent practicable, the cost of cumulative therefore, estimates that 20 operators, aircraft operated in GCNP (Notice No. regulations. which are also small entities, could be 96–15). Without prejudging Notice No. The 1980 ‘‘Regulatory Flexibility Act’’ impacted by the proposed rule. This 96–15, but as an incentive to the (RFA) requires Federal agencies to impact is as discussed in the preceding operators to convert to more noise prepare an initial regulatory flexibility analysis of the full regulatory efficient aircraft as rapidly as possible, analysis of any notice of proposed evaluation. this proposed rule would allow rulemaking that will have a significant The Federal Aviation Administration, operators using quieter Category C economic impact on a substantial however, has determined that this aircraft to continue using the Bright number of small entities. The definition proposal, when viewed as a component of and in conjunction with other actions Angel Corridor for the Zuni-Dragon air of small entities and guidance material tour on the east end of the Grand (the FAA published three actions on for making determinations required by Canyon, and on the west end, would December 31, 1996, and one action on the RFA are contained in the Federal allow operators using quieter Category C February 26, 1997, that related to the Register [47 FR 32825, July 29, 1982]. aircraft to continue using the National airspace management of the GCNP) is Federal Aviation Administration (FAA) Canyon air tour route on return trips cost relieving to one-half of these small order 2100.14A outlines the agency’s from the Grand Canyon to Las Vegas entities. The remaining operators procedures and criteria for after the year 2001. affected by this proposed rulemaking implementing the RFA. In consideration of Havasupai would be required to absorb higher concerns regarding commercial With respect to this proposed rule, a average annual variable operating costs sightseeing overflights of their ancestral ‘‘small entity’’ is a commercial imposed by final rule 61 FR 69302. lands, the FAA is proposing an abridged sightseeing operator that owns or ‘‘Blue 1A’’ route in conjunction with the operates nine or fewer aircraft. A International Trade Impact Assessment proposed Toroweap/Shinumo FFZ. The significant economic impact on a small The FAA has determined that the proposed abridged ‘‘Blue 1A’’ route entity is defined as an annualized net proposed rulemaking would have no effectively avoids 90 percent of compliance cost to such a small affect on non-U.S. operators of foreign Havasupai cultural and historic lands. commercial sightseeing operator. In the aircraft operating outside the United The economic benefit of this facet of the case of scheduled operators of aircraft States nor would it have an affect on NPRM to this Native American Tribe, for hire having less than 60 passenger U.S. trade or trade relations. However, however, is inherent and non- seats, a ‘‘significant economic impact’’ because the proposed rulemaking has quantifiable, but nevertheless, very real. or cost threshold, is defined as an been determined to be cost beneficial to annualized net compliance cost level commercial sightseeing operators and a Economic Evaluation Summary that exceeds $69,800; for unscheduled large proportion of GCNP commercial The FAA has determined that the operators the threshold is $4,900. A sightseeing passengers are foreign, it average annual cost savings of this substantial number of small entities is could have a positive affect on foreign NPRM from the years 1998–2008, would defined as a number that is more than tourism in the U.S. The FAA cannot put be about $1.25 million. That portion of one-third of the small commercial a dollar value on the potential gain in the average annual cost savings sightseeing operators (but not less than commercial air tour sightseeing revenue attributable to the proposed flight eleven operators) subject to the associated with possible increases in corridor through the Bright Angel FFZ proposed rule. The Federal Aviation foreign tour dollars. is accounted for by a reduction of Administration has determined that this $538,000 in the previously estimated proposal could have a significant Federalism Implications increase in average annual variable economic impact on most of the small The regulations herein would not operating costs. That portion of the total commercial sightseeing operators have substantial direct effects on the average annual cost savings attributable conducting flights within Grand Canyon states, on the relationship between the to the proposed flight corridor through National Park and therefore, has national government and the states, or the Toroweap/Shinumo FFZ is prepared this initial regulatory on the distribution of power and accounted for by a reduction of flexibility analysis. responsibilities among the various 26908 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Proposed Rules levels of government. Therefore, in PART 93ÐSPECIAL AIR TRAFFIC 3. Section 91.306 is added to read as accordance with Executive Order 12866, RULES AND AIRPORT TRAFFIC follows: it is determined that this rule does not PATTERNS have sufficient federalism implications § 93.306 Operation of GCNP Category C to warrant the preparation of a 1. The authority citation for part 93 Aircraft in National Canyon Corridor and Bright Angel Corridor. Federalism Assessment. continues to read as follows: No person may operate an aircraft Paperwork Reduction Act Authority: 49 U.S.C. 106(g), 40103, 40106, 40109, 40113, 44502, 44514, 44701, 44719, westbound within the National Canyon In accordance with the Paperwork 46301. Corridor after December 31, 2001, or in Reduction Act of 1995 (Pub. L. 104–13), 2. Section 93.305 is amended by the Bright Angel Corridor within the there are no requirements for adding a new sentence to the end of Special Flight Rules Area unless the information collection associated with paragraph (b) and by adding a new aircraft is a commercial sightseeing the proposed regulation. sentence to the end of paragraph (c) to operation aircraft that meets the GCNP Conclusion read as follows: Category C aircraft standard, as defined in § 93.319. For the reasons set forth above, the § 93.305 Flight-free zones and flight 4. Section 93.307 is amended by FAA has determined that this proposed corridors. rule is a significant regulatory action adding paragraphs (b)(3) and (b)(4) as * * * * * under Executive Order 12866. In follows: (b) * * * The Bright Angel Flight-free addition, the FAA certifies that this Zone does not include the following § 93.307 Minimum flight altitudes. proposal would have a significant airspace designated as the Bright Angel economic impact, positive or negative, * * * * * Corridor: that airspace one-half nautical on a substantial number of small entities (b) * * * mile on either side of a line extending under the criteria of the Regulatory ° ′ ′′ (3) National Canyon Corridor. 7,500 Flexibility Act. This proposed rule is from Lat. 36 14 21.24 N., Long. 112°08′57.54′′ W. and Lat. 36°14′15.32′′ feet MSL. considered significant under DOT ° ′ ′′ Regulatory Policies and Procedures. N., 111 55 07.32 W. (4) Bright Angel Corridor. GCNP (c) * * * The airspace designated as Category C helicopters, 9,500 feet MSL; List of Subjects in 14 CFR Part 93 the ‘‘National Canyon Corridor’’: at or GCNP Category C airplanes, 10,000 feet Air traffic control, Airports, above 7,500 feet MSL within 2 nautical MSL. Navigation (Air), Reporting and miles either side of a line extending ° ′ ′′ Issued in Washington, DC on May 12, recordkeeping requirements. east, southeast from Lat. 36 14 01 , 1997. Long. 112°53′38′′ to Lat. 36°14′24′′, Dated: May 12, 1997. The Proposed Amendment Long. 112°52′30′′ to Lat. 36°15′01′′, For the reasons set forth above, the Long. 112°50′37′′ to Lat. 36°14′53′′, W. Michael Sacrey, Federal Aviation Administration Long. 112°49′10′′ to Lat. 36°14′05′′, Acting Director, Flight Standards Service. proposes to amend 14 CFR part 93 as Long. 112°48′39′′ to Lat. 36°06′58′′, [FR Doc. 97–12745 Filed 5–12–97; 4:35 pm] follows: Long. 112°44′21′′. BILLING CODE 4910±13±M Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26909
DEPARTMENT OF TRANSPORTATION Park Service (NPS), has proposed new majority of commentaries recommended air tour routes and has proposed to changes to the proposed routes. Federal Aviation Administration modify existing air tour routes to General Safety Concerns accommodate airspace changes Air Tour Routes for the Grand Canyon included in the final rule concerning Many commenters state that the National Park GCNP. Certain parts of the final rule proposed routes will reduce aviation safety by increasing the density of AGENCY: Federal Aviation become effective May 1, 1997. The aircraft in the corridors, where radar Administration, DOT. GCNP final rule, in part, modifies the dimensions of the GCNP Special Flight traffic control is not available. This ACTION: Notice of availability of increase in complexity and density of commercial air tour routes for the Grand Rules Area (SFRA); establishes new and modifies existing flight-free zones (FFZ); air tour routes will alter the ‘‘see and Canyon National Park and disposition of avoid’’ air traffic environment over the comments. establishes new and modifies existing flight corridors; and establishes canyon in a manner that could SUMMARY: This notice announces the reporting requirements for commercial adversely affect and compromise air availability of commercial air tour sightseeing companies operating in the safety. Commenters also state that the routes for the Grand Canyon National SFRA. The noise NPRM proposed to expansion of FFZs concentrates more Park (GCNP) and disposes of comments phase out noisier aircraft operating in traffic on fewer routes thus increasing received in response to a previous the vicinity of GCNP. the potential collision hazard. One commenter is concerned about notice of availability and request for The proposed new and modified the congestion at the Grand Canyon comments that was published on Dec. routes were developed on the basis of Airport for aircraft heading for airspace 31, 1996. The commercial air tour routes airspace configurations, safety northwest of the airport. The most are not being published in today’s considerations, the goal of substantial critical issue is the large number of Federal Register because they are restoration of natural quiet in the GCNP, aircraft in different categories that will depicted on large and very detailed economic considerations, consultation occupy this airspace. The commenter charts that would be difficult to publish with Native American tribes, and states that the preferred runway at the in the Federal Register. The new routes, comments received in response to the Grand Canyon Airport is runway 21 and or modifications of existing commercial previous notice of availability. estimates that 90 percent of the time air tour routes, are related to airspace In developing the proposed new and runway 21 is in use. The result is changes contained in a final rule modified air tour routes for GCNP, the several single engine Cessnas and Twin affecting the special flight rules in the FAA has been consulting with Native Otters climbing northwest bound to vicinity of GCNP (GCNP final rule) that American tribes on a government-to- 10,000 MSL on Black 1 route, while the were published on December 31, 1996. government basis. This consultation is head-on traffic off of the Blue 1, and The commercial air tour routes are also required under the Presidential Blue Direct routes are heading for the related to a Notice of Proposed Memorandum on Government-to- right downwind for runway 21. In Rulemaking (NPRM) proposing the Government Consultation with Native addition, helicopters are also climbing phase out of noisy aircraft operating in American Tribal Governments to assess northwest bound to 9500 MSL to join the vicinity of GCNP (noise NPRM), also potential effects on tribal trust resources the Green 1. published on December 31, 1996. and to assure that tribal government DATES: Comments on the routes must be rights and concerns are considered in FAA Response received on or before May 27, 1997. decisionmaking. The FAA has also been The redesign of routes to allow air FOR FURTHER INFORMATION CONTACT: consulting with these tribes pursuant to traffic to flow counterclock wise around Daniel V. Meier, Jr., Air Carrier the American Indian Religious Freedom the Bright Angel FFZ and clockwise Operations Branch, AFS–220, 800 Act and the Religious Freedom around the Desert View FFZ is expected Independence Avenue, SW., Restoration Act concerning potential to reduce the complexity of air traffic Washington, DC 20591, Telephone (202) effects of the proposed routes on sacred control. Maintaining the high level of 267–3749, or Dave Metzbower, Air sites. In addition, the FAA has been safety for traffic control at the Grand Carrier Operations Branch, AFS–220, consulting with these tribes, the Arizona Canyon Airport is critical. The FAA 800 Independence Avenue, SW., State Historic Preservation Office, the believes that proper compliance with Washington, DC 20591, Telephone (202) Advisory Council on Historic Letters of Agreement (LOA) and air 267–3724. Preservation, and other interested traffic sequencing procedures will SUPPLEMENTARY INFORMATION: The parties under Sec. 106 of the National maintain this level of safety. The FAA commercial air tour routes are not being Historic Preservation Act concerning has, given the requirements concerning published in today’s Federal Register potential effects on historic sites, noise mitigation and intrusion over because they are on very large and very including traditional cultural places and Native American historical or cultural detailed charts that would not publish Native American sacred sites. sites and the needs of the air tour well in the Federal Register. A copy of Discussion of Comments industry, structured routes and the air tour routes may be obtained by procedures to provide a safe aviation contacting Denise Cashmere at (202) The FAA received more than 100 environment. 267–3717, by faxing a request to (202) comments in response to the previous The FAA realizes that changes to a 267–5229, or by sending a request in notice of availability. Comments were structured environment, such as those writing to the Federal Aviation received from industry associations made in the GCNP, will cause concerns Administration, Air Transportation (e.g., Grand Canyon Air Tour Council, among aviation users of the park; Division, AFS–200, 800 Independence United States Air Tour Association, nevertheless, the governing principles Avenue, SW., Washington, DC 20591. Helicopter Association International); for air operations in the GCNP are based environmental groups (e.g., Sierra Club, upon visual flight rules. Under these Discussion National Parks and Conservation rules the pilot-in-command has the The Federal Aviation Administration Association); air tour operators; and responsibility for the safe operation of (FAA), in consultation with the National government officials. The overwhelming his/her aircraft. The FAA recognizes 26910 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices that under VFR an increase in the Yumathiska Point, Little Coyote based on its best information that this number of operations in a limited Canyon, Mt. Sinyala, Towago Pt, route, although previously considered a amount of airspace may alter the Topocoba Hilltop, Havatagvitch, then weather route, is seldom used for that balance of safety; however, the FAA the 20 mile fix. Noise efficient aircraft purpose. To allow for weather related cannot presently determine, could descend to 6500 MSL. If, under emergencies, the FAA included quantitatively, when that balance the proposed routes, Blue 1 traffic were language in the final GCNP rule that reaches a critical level of safety. To rerouted onto Blue 2, then Blue 2 would permits pilots to take any appropriate preclude the development of an become a hazardous condition (with action to preserve the safety of flight. unacceptable level of safety, the FAA only vertical separation). This In the central portion of the canyon, has included certain reporting commenter believes that the route the FAA has altered the previously requirements in the final rule of structure should keep Blue 2 as it proposed B1A and Blue 1 (B1). To December 31, 1996, that are intended to currently exists for safety reasons. provide an optimum route which offers provide additional data which will be Blue 2: Several commenters argue that the best alternatives between noise used to aid in future safety analysis. the Blue 2 route is inherently dangerous mitigation, overflights over Native because it uses staking of aircraft as the American cultural sites, and a viable air Sanup FFZ only means to separate traffic. Both the tour route, the FAA is proposing that General: One commenter points out eastbound and westbound portions are the B1A remain unchanged until it that the proposed routes in the vicinity located south of the Colorado River, crosses the northern part of national of the Sanup FFZ will eliminate eliminating the convenient landmark canyon, as shown on the map of April important safety features of the current which served as a horizontal separation 1997, then turn southeast to avoid Supai routes. Such safety features, which are between the two routes. These Point and continue until it rejoins B1. not provided by the FAA’s proposed commenters believe that aircraft The Blue 3 (B3) will allow air tour routes, are (1) both lateral and vertical operating at different speeds need both transit between the routes in the central separation between routes, and (2) horizontal and vertical separation due to part of the canyon. The B1 route prominent landmarks and visual the extreme up and down drafts that are segment north of the Sanup FFZ has checkpoints along the routes to provide present in the Grand Canyon. been moved north of Mount course guidance. By relocating Green 4 Blue 3: Several commenters state that Dellenbaugh to within one-half mile of northbound, Blue 2 southbound, and combining Blue 2A and Blue 2B into the the SFRA to reduce aircraft noise at the Blue 2 northbound, these three major proposed Blue 3 eliminates the use of Shivwits fire camp. Blue Direct (BD) routes exist with only altitude the Colorado River as a defined was not relocated north of Mount separation. Similar problems occur with landmark to allow horizontal Dellenbaugh. Such a relocation would the portions of Blue 2 and Green 4 separation. Therefore the risk of not have placed the BD far enough away routes between Quartermaster Canyon collision increases greatly. One from Mount Dellenbaugh to mitigate and Spender Canyon. commenter suggests redividing Blue 3 appreciably air traffic noise and would Blue 1/Blue Direct: One commenter into Blue 2A and Blue 2B. Another have exposed air traffic on this route requests that on an emergency basis and commenter states that the present and B1 to an unnecessary level of safety until further discussion and planning minimum altitude of Blue 3 route risk. The FAA will continue to consider can take place, the old Blue 1 route should be maintained. if route changes should be made in the should remain open to prevent traffic Green 4: One air tour company which area north of Mount Dellenbaugh. compression and a significant safety uses the present Green 4 argues that the hazard. new changes will dump so much traffic Toroweap/Shinumo FFZ Some commenters state that, with the into this airspace that passenger and General: Some commenters have changes to the Blue 1 route, operators flight crew safety will be seriously raised concerns that by extending the may not be able to sell it as an air tour, compromised. This commenter’s Toroweap Flight Free Zone south of the which would result in spillover to other helicopters use Green 4 which shares Colorado River most of Las Vegas routes, increasing congestion and this airspace with Blue 2 airplane airplane traffic will be forced into Blue possible accidents. traffic. These two routes are separated 2 and 3. Commenters believe that this One commenter argues that if Blue 1 by altitude (500 feet) and horizontally compression of traffic will result in a were to be eliminated they would be by as little as 1 mile in some areas and mid air accident sooner or later. forced to engage in air tours based on zero horizontal separation in places Blue 1A: Several commenters request the Black routes, thus contributing to a where the routes cross each other. This the deletion of the proposed Blue 1A potentially serious and unintended system has worked in the past partly route through Toroweap-Shinumo FFZ. impact on eastern Grand Canyon because there is not much usage. The No air tour routes should be permitted airspace and environment. existing traffic is able to hear each through this FFZ, even for less noisy Several commenters have suggested other’s radio transmission and easily (‘‘Class C’’) aircraft. The river corridor that the Las Vegas to Tusayan flights able to see and avoid the other users. from National Canyon to Havasu Creek should be routed to north of Mount should receive maximum protection FAA Response Dellenbaugh, thus eliminating the Blue from air tour noise. The addition of the 1 route with its traffic rerouted to the On the western end of the Sanup, the National Canyon to the Toroweap- Blue Direct route. Furthermore, one Blue 2 (B2) and Green 4 (G4) remain Shinumo FFZ was critically needed for commenter states that, where possible, essentially unchanged from the current the SFAR and its operating procedures. the FAA should use two-way return chart until Separation Canyon. From Furthermore, this route is non-essential routes, which affect a much smaller area Separation Canyon to Diamond Creek, since most of the Las Vegas-Tusayan than loop routes. these routes have been moved to the flights are shuttles to the Canyon and An airline commenter states that, as south side of the river for noise are not solely air tours. proposed, Blue 1 is not an air tour. Blue mitigation purposes. The FAA believes Brown 2: Brown 2 should allow 1 should be able to go to the southern that adequate vertical and horizontal descent to 6500 off the Shivwits Plateau. tip of the Toroweap/Shinumo FFZ separation has been maintained. The Brown 3: Brown 3 departure on the encompassing National Canyon, then to FAA eliminated the Blue 2A (B2A) map is unrealistic. Route must be able Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26911 to exit by flying south of Paws Pocket to be some lateral separation between altitude should be 9,500 MSL from the and Northbound through expanded the airplanes and helicopters. Zuni Alpha to just north of Saddleback FFZ. Brown 3 arrival is not necessary. Different routes proposed: One Mountain, then climb to 10,000 MSL. Brown 4: Brown 4 should be called commenter proposed the following The effect of this change would be to Brown 1 reverse. alternative routes through Dragon reduce the noise level within the GCNP corridor: by not carrying a higher power setting FAA Response Alternative 1: Dragon Corridor should on fully loaded aircraft within this area The best information that the FAA has be designed like an upside down of the Canyon. Since the area from just indicates that if the B1A is not funnel-shaped TCA, horizontally sliced north of Saddleback Mountain to maintained as a viable air tour route, into three altitude segments: the lowest crossing the North Rim is not within the approximately 40 percent of the Las portion (7,500 MSL) to be reserved for GCNP, the aircraft would not be Vegas air tour operations will shift to the quietest or category C airplanes and climbing within the park. The main the B2. The FAA believes that this helicopters performing an out and back concern of this commenter is the elderly occurrence would increase the air traffic short tour (Green 1R). The next or center and physically handicapped customers density on the western Sanup and segment (8,500 MSL) would be reserved they carry who would be more increase the risk to safety above the for category B helicopters. Only the comfortable below 10,000 feet. Also by current level. By locating the B1A as 7,500 segment and the 8,500 segment having a slow descent at the north end shown on the map of April 1997, the would permit out and back Dragon of Dragon Canyon to the Colorado River FAA has attempted to meet its Corridor tours. The full loop tour (Black from 10,000 feet MSL down to 9,500 feet responsibility to restore substantially 1 and Green 1) should be counter MSL, aircraft could reduce engine the natural quiet and at the same time clockwise and restricted to airplanes power and lower noise levels. maintain a viable air tour industry in only with the noise efficient aircraft Another commenter states that, in the Park with minimum intrusion over utilizing the route and altitudes of the addition to Dragon Corridor flowing Native American historical and cultural proposed Green 1 helicopter route and counter clockwise, it should also accept sites. the other less noise efficient aircraft traffic from the North entering from using Black 1. The Brown routes are used by Kanab. Traffic could either maintain Alternative 2: Routes in the Dragon 10,000 MSL, overfly the airport and commercial operations in support of the Corridor should be restricted to one way river rafting industry. Some of these return to Kanab via Zuni on Black 2, or Southbound traffic. Helicopter Route descend to land at Grand Canyon commercial operators may also have air Green 1R should be eliminated. The tour operating authority; nevertheless, Airport. corridor should be horizontally sliced as A helicopter air tour operator the authority given to operate on the in Alternative 1. The lowest portion comments that the assigned helicopter brown routes is entirely separate from (7,500 MSL) should be reserved for the altitude in Dragon Corridor for proposed that given to operate air tours. quietest or category C airplanes and Green route should be 7,500. If Operations on the brown routes are helicopters. The next or center segment helicopters must be at 9,500 for a conducted in accordance with an 8,500 MSL should be reserved for significant portion of proposed Green 1 approved procedures manual or, as is Category B helicopters, and the third route, then have helicopters leave the the case with more flexible helicopter and highest segment (10,000 MSL) airport eastbound, climb to 9,500 operations, with a form 7711 issued by reserved for the category A airplanes. through Zuni Corridor and over North the Las Vegas FSDO. The Zuni Corridor should remain open Rim. Upon entering the Dragon Bright Angel and Desert View FFZ in both directions as it is today for short Corridor, traffic should merge, as it does airplane and helicopter tours, but now, when the terrain permits at 7,500. General: One commenter states that structured so noise efficient aircraft use Name Change of Routes: Several the northbound route around Bright the lower sectors. commenters have requested that the Angel FFZ should turn east to Saddle Counter Clockwise Rotation: Many FAA keep the same naming conventions Mountain at a point 5 miles further commenters questioned the prudence of as are currently used under SFAR 50– south. GCNP should be willing to absorb reversing east end of the Canyon local 2. This will avoid confusion among some of the effects of enlarging quieter tour routes from counter clockwise to experienced Canyon pilots and make areas within the park instead of clockwise. Such change would training easier. exporting effects. negatively impact safety from weather Green 1 and Black 1: Same Other commenters state that the entire and congestion standpoints. Another commenters request that all tour routes area of Saddle Mountain Wilderness commenter provides a detailed through the Dragon Corridor be deleted. should be designated as a ‘‘Noise description of suggested route changes Green 2 and Black 2: One commenter Sensitive Area’’ per FAA regulations. for Bright Angel and Marble Canyon recommends deleting the proposed One commenter states that there is the areas. These commenters note that Black/Green 2. This commenter argues potential for a mid-air collision just proposed route changes are less safe and that the route is too long (80 miles), south of Saddle Mountain. Another less effective in mitigating sound impact with far too small a fraction over the commenter is concerned about the in the Grand Canyon and that it is much Canyon (23%), to be economically letdown areas between Bear’s Ridge and safer to approach the North Rim from viable. If it were used, it would impact Saddle Mountain, and between Saddle the east because you have lower terrain, a larger proposed rim wilderness in the Mountain and Gunthers Castle. should weather be a problem. When park (east of the Palisades), a section of In both of these letdown areas, the approaching from the west, you are the Navajo Reservation that is currently fixed wing and rotary wing aircraft are surrounded by high terrain and are free of air tour noise, and sacred Hopi only 500 feet apart. Commenters state forced even farther north, or forced to sites near the Little Colorado that this is awfully close for mixed reverse course and fly into oncoming Confluence. categories and classes of aircraft, traffic. Another commenter, who supports especially with added distractions of One commenter requests that should counterclockwise traffic flow, states that aircraft merging from Black 5, Black 3, the route change back to counter it would be helpful if the lowest Black 2 and Green 2 routes. There needs clockwise on Black 1 and 2, the new possible altitudes could be allowed for 26912 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices
Black 2. This is a bad weather return a route through the northern part of the saying that they should be part of Notice route from Black 1. Helicopters could Bright Angel FFZ in the same location No. 96–15. One person comments that return to the little Colorado River at as the present GIA and Black 1A the rulemaking violates § 11.65 of the 7,000 MSL and aircraft at 7,500 MSL or (BK1A). This route will be for Category FAR, and contradicts FAA’s procedures if the ceiling is below 8,500 MSL on C aircraft. to employ negotiated rulemaking or the Black 2, could descend to 7,500 MSL for The FAA agrees that reversing the air Aviation Rulemaking Advisory aircraft and 7,000 MSL for helicopters traffic flow round Bright Angel and Committee. Several commenters state on Black 3, exit the SFAR to the east, Desert View FFZ’s will offer a weather that the 3 actions should be combined and return to the airport outside the escape route to the east as well as allow into one, that rules shouldn’t be adopted SFAR. for entry into B2 and G3. The FAA in piecemeal fashion, and that other Green 1R: One commenter states that established the altitudes as shown on comments should be incorporated by Green 1 return route should be deleted, the April 1997 map to allow for safe reference since all matters are related. and helicopter routes should not be vertical and horizontal terrain clearance Another states that these rules could more than 500 feet lower than fixed and to mitigate for noise where current have a significant impact on small wing routes. This commenters argues noise modeling indicates that terrain businesses and could be contrary to law. that helicopter operators are able to shielding would be preferable to higher Several commenters point out that the match, or even undercut, the price of a altitudes. In cases where terrain FAA training of pilots will require fixed wing tour. In addition, this route shielding does not offer protection from delaying implementation of new routes allows them to fly 2,500 feet below fixed noise, the FAA established the highest until check rides can be completed. wing aircraft, providing them a clear altitude possible. The difference in Another urges that implementation be marketing advantage. Since the NPRM altitudes also reflect the differences in delayed until the end of the tour season commenters considered helicopters to the performance requirements between for safety reasons. Major modifications be the most obnoxious aircraft, there is fixed wing and helicopters and is not to existing routes should be no justification for giving them such an the result of favorable treatment for any implemented November–February for advantage over less invasive aircraft. operator. adequate retraining time. Commenters One commenter made the following The FAA determined that closing the note that the new routes could not be recommendations for routes around the Dragon Corridor would be economically flown in a training/check environment Bright Angel FFZ: harmful to air tour operators in the east without shutting down existing flight Single and twin engine piston driven end of the canyon and would not be in companies, and operators will be forced propeller aircraft should enter the Zuni compliance with the intention of Pub. L. to train pilots twice—once on old routes Point Corridor at 10,000 ft as to not 100–91. and again on new routes. This places a require a noisy climbout to clear the financial burden on operators. These terrain at Saddle Mountain and Bears Marble Canyon FFZ operators urge that implementation be Ridge. These aircraft should descend to Black 4 & Black 5: Several delayed until December 1, 1997, or 8,500 ft. when entering Dragon Corridor. commenters argue that Black 4 and 5 are January 1998. Reverse course would avoid airplanes redundant. It is not necessary to have Another commenter urges the FAA to and helicopters flying at 9,500 and aircraft on both sides of the Canyon, consider concerns of tribal governments. 10,000 in the Dragon Corridor. thus spreading the noise over a wider FAA Response A route should be designed to exit area. Either Black 4 or 5 should be Green 2 in vicinity of Little Colorado deleted, making the remaining route The FAA currently maintains a degree flag. (Commenter attached a revised two-way. Two commenters suggest that of flexibility and control over air tour map.) Black 5 should be eliminated and Black routes by authorizing use of the routes The commenter also requests to exit 4 should be two-way. One commenter in the operations specifications of from Northern portion of Green route in states that the tour routes in the Marble individual air tour operators. The vicinity of Dragon B flag to the North, Canyon should be moved as far as authorizations include descriptions of and request to enter Green 1R at the possible from rims of Marble Canyon, the routes to be flown and are tailored Dragon A flag to include the Dragon either to the outer edges of the SFRA or to individual operators, taking into Corridor on the Havasupai flight. outside the SFRA boundary. account several factors including the (Commenter attached revised maps.) route to be used, the type of equipment FAA Response to be used, frequency of operations, and FAA Response In the development of air tour routes qualifications of pilots. This method of In response to the comments and in the Marble Canyon, Black 4 and 5 establishing air tour routes provides the additional information received by the emerged as viable scenic routes, since FAA with flexibility to modify the FAA, the flow of traffic around the different perspectives of view are routes as necessary in order to provide Bright Angel and Desert View FFZ’s has obtained from the two flight paths. a safe and efficient operating been reversed to allow traffic to move Noise modeling in the Canyon, based on environment, and to aid the NPS in its counterclock wise around the Bright these two separate routes, demonstrated efforts to substantially restore the Angel FFZ and clockwise around the that there would be no adverse impacts. natural quiet of the GCNP. The FAA Desert View FFZ. The G1 and Black 1 Although a two-way route for Black 4 believes that it will maintain the (BK1) have been moved farther east to was not modeled, the FAA necessary flexibility by authorizing the reduce noise impacts around Saddle acknowledges that such considerations use of routes through operations Mountain and the effects of turbulence may be made in the future. specifications. during high wind conditions in that The FAA intends that the proposed location. This relocation also eliminates Legal Authority air tour routes and the GCNP final rule a convergence point where each Some commenters state that the become effective simultaneously. The converging aircraft would have had to uncertainty around the final rule makes FAA originally published the GCNP make turns to the west that would have consideration of new routes premature. final rule with an effective date of May reduced visual contact between these Others question the legality/ 1, 1997. However, the FAA aircraft. The FAA also plans to propose procedure of notice of proposed routes, subsequently revised the effective date Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices 26913 of several provisions of the rule to FAA Response routes at lower altitudes to take January 31, 1998, in part to provide As discussed above, the FAA delayed advantage of terrain shielding where sufficient off-peak time for air tour the effective date for certain sections of ever possible. The FAA and NPS are working operators to conduct necessary route 14 CFR part 93 that were affected by the together to develop a long-term training, and in part to give the FAA Grand Canyon final rule. Delaying Comprehensive Noise Management Plan adequate time to consider and implementation of section 93.305, for the GCNP that will achieve accommodate several concerns raised in which deals with the reconfiguration of consultations with the NPS and the substantial restoration of natural quiet flight-free zones and flight corridors, in the park as mandated under Pub. L. Native American tribes and in will permit commercial air tour comments to the previous notice of 100–91 while considering the best operators to continue using the current available technology, provision of availability by air tour operators and the air tour routes over GCNP through general public. appropriate incentives for investing in January 30, 1998. Thus, the FAA has quieter aircraft, and appropriate Economic Impact addressed GCNP operator concerns with treatment for operators that have already regard to route changes that could Commenters state that proposed air made such investments. impact the commercial sightseeing Route changes: Scenic Airlines tour routes would cause significant and offerings for the 1997 season. irreparable harm to the economic recommends the following route The FAA continues to review the changes: Counter-clockwise rotation viability of air tour operators and other actions impacting the Blue 1 and the dependent businesses, as well as the around the Bright Angel FFZ. Blue 1A tour routes from Las Vegas to Green 1: Enter Zuni corridor local economy. Tusayan and seeks comments on this northbound at 7,500 MSL. From The Havasupai voiced concerns about route and route segment as indicated on Gunthers Castle to Petes Corner, move potential effects on their tribal tourist the map made available by this notice. the route to pass just east of Saddle enterprise which is a major source of In response to the Havasupai’s mountain, enough that helicopters can income to the tribe. The recreational concerns about the potential effects on maintain 7,500 feet MSL until north of activities are constrained by both statute their tourist trade, the FAA, for this the national park boundary. North of and the geography of the reservation, reason and reasons related to historic Saddle mountain outside of the Grand including the relative isolation of the sites and culture resources found in the Canyon National Park, climb to 9,500 reservation such that the primary type northern part of the reservation, has MSL. Maintain 300 feet agl over the of recreation is primitive or rerouted Blue 1A of the south of the Kaibab plateau until reaching the Little semiprimitive hiking, camping, hunting, trailhead at Hualapai Hilltop. Dragon. Fly southbound through the and pack trips which could be affected Noise Dragon corridor and when able, descend by the present Blue 1A. on the east side of the corridor to 7,500 Several commenters state that the Commenters state that proposed MSL. proposed routes deprive Las Vegas- routes offer no reduction of aircraft Green 2: Maintain 7,500 MSL. Exit based tour operators of the most sound in Eastern and most sensitive from route should be the same as the important air tour route in the Grand sector of GCNP. Black 2 exits Canyon (Blue 1), which will result in Higher flight altitudes will not Black 1: If transitioning to the Black economic injuries to the Las Vegas necessarily reduce aircraft noise. 2 route, enter the Zuni corridor Community. FAA should make Commenters also state that, as proposed, northbound at 8,000 MSL. Enter at 9,500 proposed Blue 1A route available to tour Black and Green routes will MSL if remaining on Black 1. From operators until the effective date of the unnecessarily create more noise. Others Gunthers Castle, the route should noise efficient aircraft NPRM. state that there should be route continue directly over the Green 1 route incentives for noise efficient airplanes. Consumer protection laws, strictly with a climb from 9,500 MSL to 10,000 enforced in Europe and Japan, allow FAA Response MSL beginning northeast of Saddle passengers to receive part or all of their Mountain and outside of the park. When The FAA agrees that redesigning possible, the climb should be money back if a tour is not offered routes in the GCNP will not, as a single precisely as advertised. Any major accomplished without increasing action, reach the stated goal of propeller speed. Upon passing Tower of changes in a tour route (such as substantially restoring the natural quiet elimination of National Canyon Ra in the Dragon corridor, descend to within the park. To reach this goal, the reach an altitude of 8,500 MSL when Segment in Blue 1 route) could have FAA and NPS established, in the final disastrous economic and legal impacts. crossing the South rim. rule of December 31, 1996, the first step Black 2: Route begins on the north Another commenter states that the which set operational curfews and caps end of the Zuni corridor at Gunthers majority of air tour operators have pre- on the number of aircraft employed in Castle and rotates clockwise around the sold their 1997 season based on existing air tours. Additionally, the FAA has Zuni FFZ at 8,000 MSL. Climb to 8,500 tour routes. Proposed routes are longer issued an NPRM proposing a planned after passing south of the Little and would take additional time and fuel phase out of ‘‘noisy’’ aircraft used in Colorado. The first exit from SFRA on to complete. This would also require commercial air tour operations by the the Black 2 is to turn eastbound at 8,000 operators to reschedule tours that have year 2008. Along with the Notice of MSL after crossing the Little Colorado been pre-sold. Availability or Routes, the FAA is river. The second exit will be to One commenter suggests that during planning to propose an NPRM to continue southbound at 8,500 MSL the winter months from October to May, establish a corridor through the leaving the southeast corner of the when the North Rim is closed to the northern part of the Bright Angel FFZ to SFRA at Zuni Charlie. public each year, operators be allowed be used only by aircraft equipped with Black 3: This entry is required to to fly old SFAR 50–2, or slightly quiet technology. provide an entry point for airplanes modified routes, to recoup lost revenues The FAA also agrees that higher flying inbound from the east and to reduce the resulting from the new curfews and aircraft are not necessarily quieter. As a volume of traffic entering at the south caps. result, the FAA has placed some of the end of Zuni corridor. The route should 26914 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Notices enter at 9,500 MSL directly over the at Twin Peaks at 6,500 MSL, the same However, as with any VFR operation, eastbound exit of Black 2. Continue to as SFAR 50–2. the ultimate responsibility for control follow the Black 2 westbound until Brown 3: The Brown 3 departure route and safety of flight remains with the joining the Black 1 at 9,500 MSL just needs to allow for a safe departure pilots. The FAA believes that with north of Gunthers Castle. through the newly expanded FFZ. The proper training, adherence to Black 4: After crossing the East Rim Brown 3 arrival route could remain procedures and compliance with the of Grand Canyon on the Black 2, the outside of the SFRA and therefore may regulations, air tours can be conducted route begins by turning northbound be deleted. within the new route structure with an then descending to 7,500 MSL. Remain Brown 4: Change to Brown 1 Reverse adequate degree of safety. east of the Colorado River until crossing route. This would be at 7,000 and then the river at Cave Springs rapids. After 7,500 MSL on a reverse course of the Environmental Review crossing the Western rim of the canyon, proposed Brown 1. Allow a southbound either descend to 5,500 MSL or remain exit from the SFRA through Mohawk The FAA is reevaluating the Final at 7,500 MSL. Continue northbound Canyon at 7,000 or 7,500 MSL. Environmental Assessment dated remaining west of the river until Blue 1: The 9,500 MSL altitude December 24, 1996, for the Special crossing northeast bound at Soap Creek conflicts with the Blue 1 reverse when Flight Rules in the Vicinity of the GCNP rapids. Must be at 5,500 or 7,500 MSL descending through 8,500 near to determine whether the proposed prior to crossing the River. Exit the Hagatagvich. This has not been a changes in this second Notice of SFRA northbound while remaining east problem due to very little traffic using Availability of Proposed Routes are of the river. An alternate exit may be the 9,500 MSL option; however, it is a substantial so as to warrant preparation accomplished when abeam President potential problem area. of additional environmental documents. Harding rapid by turning northeast Blue Direct: Since this is not an air This reevaluation is being done in bound at 7,500 MSL. A second exit is to tour route, 7,500 MSL should not be accordance with the National continue westbound at 7,500 MSL after allowed. Environmental Policy Act of 1969 and passing Cave springs rapid. Blue 1A: Route should be identical to other applicable environmental Black 5: Enter the north end of the today’s Blue 1 route using an altitude of requirements. Copies of the written SFRA at 5,000 or 6,500 MSL. Remain 6,500 MSL. Should be allowed to reevaluation will be circulated to west of the river, until crossing the river reverse course to the Blue 1 Reverse at interested parties and placed in the at Soap Creek rapids. It at 5,000 MSL 8,500 or to the Blue direct at 10,500 docket. For those unable to view the begin climb to 6,500 MSL after crossing MSL. document in the docket, the written the east rim of the canyon. Stay east of Blue 3: From the Blue Direct at 7,500 reevaluation can be obtained from Mr. the River until crossing at Cave Springs MSL, allow a transition to the Blue 3 William J. Marx, Division Manager, rapid at 6,500 MSL then begin a climb southbound at 6,500 MSL. ATA–300, Federal Aviation to 10,000 MSL after crossing the west Blue 4: Needs a provision to allow Administration, 800 Independence rim of canyon. Remain west of National joining the Blue 1A as well as the Ave., SW., Washington, DC, 20591, Park boundary while at climb power Blue 1. Telephone: (202) 267–3075. Comments Black 1: Same as SFAR 50–2. settings. Turn westbound when east- concerning the environmental impacts northeast of Petes corner so as to join Black 1A: Same as SFAR 50–2 except of finalizing these routes or the relevant the Black 1 at 1,000 MSL. climb to Split West must be limited to Brown 7: Enter the SFRA at or below avoid the new Black 1. portions of the written reevaluation 7,000 MSL northbound over highway Black 3: Same as SFAR 50–2. should be submitted to the docket before the comment period for this 89A. Remain over or slightly east of the FAA Response highway until within 3 miles of notice closes on May 27, 1997. Based on destination airport. Departures should In redesigning the routes in the GCNP any comments and the written climb out west of the highway until the FAA considered all the factors reevaluation, the FAA will determine leaving the SFRA. Brown routes were necessary to meet the requirements and whether any further environmental developed to allow airplane operations intentions of Pub. L. 100–91 while still review is warranted. that support river runners. These routes maintaining safety of flight in the GCNP. Issued in Washington, DC on May 12, are not for commercial air tour traffic. The changes represented in the new 1997. Brown 1: Drop the 7,000 MSL option. route structure represent a safe ‘‘see and W. Michael Sacrey, Brown 2: This route begins by exiting avoid’’ environment for the canyon. the Blue 1 route. Allow a descent on the With it, the FAA has created flight Acting Director, Flight Standards Service. Blue 1 in order to be at 6,500 MSL at patterns and altitudes in which air tour [FR Doc. 97–12746 Filed 5–12–97; 4:35 pm] Twin Peaks. The Brown 2 then begins operations may be conducted safely. BILLING CODE 4910±13±M i
Reader Aids Federal Register Vol. 62, No. 94 Thursday, May 15, 1997
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 3 CFR 23690, 25140, 26248, 26750 For additional information 523±5227 800...... 26252 Proclamations: Presidential Documents 1126...... 26255 6996...... 24555 1137...... 24610 Executive orders and proclamations 523±5227 6997...... 24557 1138...... 26257 The United States Government Manual 523±5227 6998...... 25105 Ch. XIII ...... 24849, 25140 6999...... 25421 7000...... 26201 8 CFR Other Services 7001...... 26203 292...... 23634 Electronic and on-line services (voice) 523±4534 7002...... 26379 Privacy Act Compilation 523±3187 Administrative Orders: 9 CFR TDD for the hearing impaired 523±5229 Presidential Determinations: 77...... 24801 No. 97±21 of April 24, 92...... 23635 ELECTRONIC BULLETIN BOARD 1997 ...... 23939 94...... 24802, 25439 Memorandums: 160...... 25444 Free Electronic Bulletin Board service for Public Law numbers, March 27, 1997 ...... 26369 161...... 25444 Federal Register finding aids, and list of documents on public April 24, 1997 ...... 24797 304...... 23639 inspection. 202±275±0920 308...... 23639, 26211 5 CFR FAX-ON-DEMAND 310...... 23639, 26211 530...... 25423 327...... 23639 You may access our Fax-On-Demand service. You only need a fax 531...... 25423 381...... 23639, 26211 machine and there is no charge for the service except for long 591...... 25423 416...... 23639, 26211 distance telephone charges the user may incur. The list of 1312...... 25426 417...... 23639 documents on public inspection and the daily Federal Register’s 3801...... 23941 Proposed Rules: table of contents are available using this service. The document Proposed Rules: 3...... 24611 numbers are 7050-Public Inspection list and 7051-Table of 1603...... 25558 Contents list. The public inspection list will be updated 1640...... 25559 10 CFR immediately for documents filed on an emergency basis. 2...... 26219 7 CFR NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 51...... 26730 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 28...... 25799 52...... 25800 public inspection may be viewed and copied in our office located 29...... 24559 420...... 26724 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 226...... 23613 430...... 26140 telephone number is: 301±713±6905 301 ...... 23620, 23943, 24746, 450...... 26724 24753 703...... 24804 340...... 23628, 23945 1023...... 24804 FEDERAL REGISTER PAGES AND DATES, MAY 401...... 25107 Proposed Rules: 23613±23938...... 1 454...... 23628 51...... 26733 457 ...... 23628, 25107, 26205 23939±24324...... 2 71...... 25146 718...... 25433 24325±24558...... 5 435...... 24164 723...... 24799 24559±24796...... 6 729...... 25433 11 CFR 24797±25106...... 7 1131...... 26735 Proposed Rules: 25107±25420...... 8 1230...... 26205 100...... 24367 25421±25798...... 9 1464...... 24799 104...... 24367 25799±26204...... 12 1493...... 24560 109...... 24367 26205±26380...... 13 1494...... 24560 110...... 24367 26381±26734...... 14 1755...... 23958, 25017 12 CFR 26735±26914...... 15 1930...... 25062 1944 ...... 25062, 25071, 26207 217...... 26736 1951...... 25062 229...... 26220 1965...... 25062 614...... 25831 3403...... 26168 617...... 24562 Proposed Rules: 618...... 25831 319...... 24849, 25561 620...... 24808 321...... 24849 630...... 24808 330...... 24849 Proposed Rules: 401...... 23675 Ch. IX...... 25563 405...... 25140 307...... 26431 416...... 23680, 26750 330...... 26435 425...... 23685 566...... 26449 435...... 26248 437...... 23690 13 CFR 457 ...... 23675, 23680, 23685, 121...... 24325, 26381 ii Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Reader Aids
Proposed Rules: 274...... 24160 253...... 24375 26412 120...... 25874 914...... 25875 244...... 24051 18 CFR 261...... 26998 14 CFR 284...... 25842 31 CFR 268...... 26998 39 ...... 23640, 23642, 24009, Proposed Rules: 351...... 24280 271...... 26998 24013, 24014, 24015, 24017, 4...... 25874 356...... 25113, 25224 372...... 23834 24019, 24021, 24022, 24325, 154...... 24853 Proposed Rules: Proposed Rules: 24567, 24568, 24570, 24809, 375...... 25874 207...... 25572 52 ...... 24060, 24380, 24632, 24810, 25832, 25833, 25834, 430...... 25569 356...... 24375 24886, 24887, 26459, 26460, 25836, 25837, 25839, 26221, 26463 26223, 26381, 26737 19 CFR 32 CFR 60 ...... 24212, 24887, 25877 71 ...... 23643, 23644, 23646, 122...... 24814 310...... 26389 63 ...... 24212, 25370, 25877 23647, 34648, 23649, 23651, Proposed Rules: 316...... 26389 80...... 24776, 25879 23652, 23653, 23654, 23655, 111...... 24374 317...... 26389 81...... 24065, 26266 23656, 24024, 25110, 25112, 163...... 24374 706 ...... 23658, 26742, 26743 87...... 25368 25445, 25448, 26224, 26383, 351...... 25874 Proposed Rules: 148...... 26041 26739 285...... 25875 180...... 24065 91...... 268901 20 CFR 228...... 26267 95...... 25448 429...... 24328 33 CFR 260...... 24212, 25877 97...... 24025, 25110 261 ...... 24212, 25877, 26041 187...... 24286, 24552 21 CFR 100...... 26229, 26744 117...... 24338, 25514 264...... 24212, 25877 310...... 25840 172...... 26225 154...... 25115 265...... 24212, 25877 374...... 25840 812...... 26228 155...... 25115 266...... 24212 Proposed Rules: Proposed Rules: 156...... 25115 268...... 26041 Ch. I ...... 26894 Ch. I ...... 24619 165 ...... 23659, 24339, 26390, 270...... 24212, 25877 11...... 24288 178...... 25475 26392 271 ...... 24212, 25877, 26041 21...... 24288 511...... 25212, 25153 325...... 26229 300...... 26463 25...... 24288, 26453 514...... 25152 334...... 24034 372...... 24887 39 ...... 23695, 23697, 24851, 558...... 25477 Proposed Rules: 25130, 25563, 25565, 25566, 898...... 25477 41 CFR 96...... 23705 26258, 26261, 26456 1308...... 24620 100...... 24377 302±1...... 26374 71 ...... 23699, 25568, 26263, 302±6...... 26374 26264, 26265, 26457 22 CFR 110...... 24378 167...... 25576 Proposed Rules: 93...... 26902 41 ...... 24331, 24332, 24334 101±47...... 24383 15 CFR 24 CFR 34 CFR 42 CFR 730...... 25451 5...... 24334 685...... 25515 405...... 25844 732...... 25451 573...... 24573 Proposed Rules: 417...... 25844 734...... 25451 950...... 24334 1100...... 24860 473...... 25844 736...... 25451 3280...... 24337 36 CFR 493...... 25855 738...... 25451 3282...... 24337 Proposed Rules: 740...... 25451 Proposed Rules: 44 CFR 742...... 25451 960...... 25728 7...... 24624 744...... 25451 64...... 24343 966...... 25728 37 CFR 750...... 25451 3500...... 25740 67...... 25858 752...... 25451 Proposed Rules: Proposed Rules: 754...... 25451 26 CFR 1...... 24865 62...... 23736 756...... 25451 1 ...... 23657, 25498, 25502, 2...... 24865 67...... 25880 758...... 25451 26740 38 CFR 45 CFR 762...... 25451 301...... 25498, 26740 764...... 25451 601...... 26740 Proposed Rules: 1626...... 24054, 24159 768...... 25451 602...... 25502 3...... 23724 1642...... 25862 770...... 25451 Proposed Rules: 17...... 23731 46 CFR 772...... 25451 1...... 26755 36...... 24872, 24874 950...... 24812 301...... 26755 13...... 25115 39 CFR 601...... 26755 15...... 25115 16 CFR 20...... 25136, 25515 30...... 25115 305...... 26383 27 CFR 111 ...... 24340, 25752, 26086 35...... 25115 Proposed Rules: Proposed Rules: Proposed Rules: 98...... 25115 1015...... 24614 9...... 24622 111...... 25876 105...... 25115 502...... 25876 108...... 23894 17 CFR 28 CFR 3001...... 25578 110...... 23894 1 ...... 24026, 25470, 26384 0...... 23657 111...... 23894 5...... 26384 45...... 23941 40 CFR 112...... 23894 15...... 24026 544...... 25098 52 ...... 24035, 24036, 24341, 113...... 23894 16...... 24026 Proposed Rules: 24574, 24815, 24824, 24826, 159...... 25525 17...... 24026 16...... 26458 26393, 26395, 26396, 26399, 160...... 25525 31...... 26384 26401, 26405, 26745, 26854 161...... 23894 230...... 24572, 26386 29 CFR 60...... 24824 169...... 25525 239...... 26386 4044...... 26741 70...... 26405 199...... 25525 240...... 26386 Proposed Rules: 81 ...... 24036, 24038, 24552, Proposed Rules: 249...... 26386 4231...... 23700 24826, 26230 2...... 23705 Proposed Rules: 87...... 25356 31...... 23705 230...... 24160 30 CFR 148...... 26998 71...... 23705 239...... 24160 Proposed Rules: 180 ...... 24040, 24045, 24835, 91...... 23705 270...... 24160, 24161 251...... 23705 24839, 25518, 25524, 26407, 107...... 23705 Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Reader Aids iii
115...... 23705 Proposed Rules: 107...... 24055 126...... 23705 1...... 26640 171...... 24690 175...... 23705 2...... 26640 172...... 24690 176...... 23705 3...... 26640 173...... 24690 4...... 26640 189...... 23705 175...... 24690 5...... 26640 47 CFR 6...... 26640 176...... 24690 0...... 24054 7...... 26640 178...... 24690 1...... 24576, 26235 9...... 26640 190...... 24055 2 ...... 24576, 26239, 26684 11...... 26640 571...... 25425 15...... 26239 12...... 25786, 26640 Proposed Rules: 64...... 24583, 24585 13...... 26640 571...... 26466 68...... 24587 14...... 25786, 26640 Ch. X...... 24896 73 ...... 24055, 24842, 24843, 15...... 25786, 26640 1121...... 23742 24844, 25557, 26416, 26417, 16...... 26640 1150...... 23742 26418, 26419, 26684 17...... 26640 74...... 26684 19...... 25786, 26640 76 ...... 25865, 26235, 26245 24...... 26640 50 CFR 101...... 24576 25...... 26640 91...... 24844 27...... 26640 Proposed Rules: 222...... 24345 Ch. I ...... 25157 28...... 26640 227...... 24345, 24588 1...... 26465 31...... 26640 2...... 24383 32...... 23740, 26640 600...... 23667 25...... 24073 33...... 25786, 26640 622...... 23671 73...... 24896, 26466 35...... 26640 630...... 26427 36...... 26640 648...... 25138 48 CFR 42...... 26640 660 ...... 24355, 24845, 25872 1201...... 26419 43...... 26640 670...... 24058 1202...... 26419 44...... 26640 674...... 26428 1203...... 26419 45...... 26640 678...... 26428 1211...... 26419 49...... 26640 679 ...... 24058, 25138, 26246, 1214...... 26419 50...... 26640 26428, 26429, 26749, 26854 1237...... 26419 52 ...... 23740, 25786, 26640 1246...... 26419 53...... 25786, 26640 Proposed Rules: 1252...... 26419 252...... 23741 17 ...... 24387, 24388, 24632, 1253...... 26419 26757 1831...... 24345 49 CFR 600...... 23744, 24897 6103...... 25865 1...... 23661 622...... 25158 6104...... 25868, 25870 8...... 23661 648...... 24073 6105...... 25870 10...... 23666 iv Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Reader Aids
REMINDERS Texas; comments due by 5- Pacific Coast groundfish; due by 5-21-97; published The items in this list were 23-97; published 4-23-97 comments due by 5-22- 4-21-97 editorially compiled as an aid AGRICULTURE 97; published 5-7-97 Common carrier services: to Federal Register users. DEPARTMENT Salmon off coasts of Toll free service access Inclusion or exclusion from Federal Crop Insurance Washington, Oregon, codes; comments due by this list has no legal Corporation and California; 5-22-97; published 4-25- significance. comments due by 5-19- Crop insurance regulations: 97 97; published 4-3-97 Macadamia nuts; comments Radio stations; table of RULES GOING INTO due by 5-19-97; published ENERGY DEPARTMENT assignments: EFFECT MAY 15, 1997 4-18-97 Occupational radiation Louisiana; comments due by Macadamia trees; comments protection: 5-19-97; published 4-3-97 FEDERAL due by 5-19-97; published Guides and technical Minnesota; comments due COMMUNICATIONS 4-18-97 standards; availability; by 5-19-97; published 4-3- COMMISSION Potatoes; comments due by comments due by 5-23- 97 Common carrier services: 5-23-97; published 4-23- 97; published 4-24-97 Mississippi; comments due Telephone number 97 ENVIRONMENTAL by 5-19-97; published 4-3- portability; policy and PROTECTION AGENCY 97 technical issues; published AGRICULTURE Air programs: 4-15-97 DEPARTMENT Texas; comments due by 5- Locomotives and locomotive 19-97; published 4-3-97 FEDERAL RESERVE Forest Service engines; reduction of SYSTEM National Forest System timber; Virginia; comments due by nitrogen oxides emissions, Demand deposits; prohibition disposal and sale: 5-19-97; published 4-3-97 oxides, etc.; standards; against payment of interest Small business timber sales Wyoming and Nebraska; comments due by 5-19- (Regulation Q): set-aside program; shares comments due by 5-19- 97; published 3-11-97 Limitations on premiums; recomputation; appeal 97; published 4-3-97 Air quality implementation interpretation; published 5- procedures; comments HEALTH AND HUMAN plans; approval and 15-97 due by 5-23-97; published SERVICES DEPARTMENT promulgation; various INTERIOR DEPARTMENT 3-24-97 States: Food and Drug Indian Affairs Bureau AGRICULTURE Administration Financial activities: DEPARTMENT California; comments due by 5-19-97; published 4-17- Electronic identification/ Alaska resupply operation; Farm Service Agency 97 signatures in place of U.S.M.S. North Star Farm marketing quotas, District of Columbia et al.; handwritten signatures; decommissioning; Federal acreage allotments, and comments due by 5-23- comments due by 5-19-97; regulatory reform; production arrangements: published 3-20-97 published 4-16-97 97; published 4-23-97 Tobacco; comments due by Indiana; comments due by Food additives: TRANSPORTATION 5-20-97; published 3-21- 5-19-97; published 4-18- Adjuvants, production aids, DEPARTMENT 97 Coast Guard 97 and sanitizersÐ AGRICULTURE Drawbridge operations: Minnesota; comments due C.I. Pigment Yellow 191; DEPARTMENT Michigan; published 5-9-97 by 5-23-97; published 4- expanded safe use; Regattas and marine parades: Rural Utilities Service 23-97 comments due by 5-21- Fort Myers Beach Offshore Electric loans: North Dakota; comments 97; published 4-21-97 Grand Prix; published 5- Pre-loan policies and due by 5-21-97; published INTERIOR DEPARTMENT 15-97 proceduresÐ 4-21-97 Indian Affairs Bureau TRANSPORTATION Temporary loan Pennsylvania; comments Education: DEPARTMENT processing procedures; due by 5-19-97; published Higher education grant Federal Aviation comments due by 5-22- 4-18-97 program; clarification; Administration 97; published 2-21-97 Pesticides; emergency comments due by 5-20- Airworthiness directives: ARCHITECTURAL AND exemptions, etc.: 97; published 2-19-97 Airbus Industrie; published TRANSPORTATION Benomyl; comments due by JUSTICE DEPARTMENT 4-10-97 BARRIERS COMPLIANCE 5-22-97; published 5-7-97 Boeing; published 4-10-97 Immigration and BOARD Pesticides; tolerances in food, New Piper Aircraft, Inc.; Naturalization Service Americans with Disabilities animal feeds, and raw published 3-28-97 Act; implementation: agricultural commodities: Immigration: Rolls Royce plc; published Outdoor Developed Areas Educational requirements for 4-30-97 Avermectin B1 and delta- Accessibility Guidelines 8,9-isomer; comments due naturalizationÐ TREASURY DEPARTMENT Regulatory Negotiation by 5-23-97; published 3- Exceptions due to Internal Revenue Service CommitteeÐ 24-97 physical or Income taxes, etc.: Intent to establish; Bromoxynil; comments due developmental disability Accounting method adoption comments due by 5-19- by 5-19-97; published 5-2- or mental impairment; or change requirements; 97; published 4-18-97 97 comments due by 5-19- extensions of time to 97; published 3-19-97 make elections; published COMMERCE DEPARTMENT Tebufenozide; comments LABOR DEPARTMENT 5-15-97 National Oceanic and due by 5-19-97; published Atmospheric Administration 3-20-97 Employment Standards COMMENTS DUE NEXT Fishery conservation and FEDERAL Administration WEEK management: COMMUNICATIONS Federal Coal Mine Health and Magnuson Act provisions; COMMISSION Safety Act of 1969, as AGRICULTURE comments due by 5-23- Administrative practice and amended: DEPARTMENT 97; published 4-23-97 procedure: Black Lung Benefits ActÐ Agricultural Marketing West Coast States and Electronic filing of Individual claims by Service Western Pacific documents in rulemaking former coal miners and Onions grown inÐ fisheriesÐ proceedings; comments dependents processing Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Reader Aids v
and adjudication; Cost-of-living allowances Airworthiness directives: comments due by 5-19-97; regulations clarification (nonforeign areas); de Havilland; comments due published 3-19-97 and simplification; comments due by 5-19- by 5-23-97; published 4- TRANSPORTATION comments due by 5-23- 97; published 3-20-97 15-97 DEPARTMENT 97; published 2-24-97 TRANSPORTATION Airbus Industrie; comments National Highway Traffic LABOR DEPARTMENT DEPARTMENT due by 5-19-97; published Safety Administration Pension and Welfare Coast Guard 4-9-97 Benefits Administration Boating safety: AlliedSignal Inc.; comments Motor vehicle safety standards: Employee Retirement Income Recreational boats; hull due by 5-19-97; published Security Act: identification numbers; 3-18-97 Child restraint systemsÐ Civil monetary penalties; comments due by 5-22- Boeing; comments due by Tether anchorages and inflation adjustment; 97; published 2-21-97 5-22-97; published 4-14- anchorage system; comments due by 5-19- Regattas and marine parades: 97 comments due by 5-21- 97; published 4-18-97 First Coast Guard District Bombardier; comments due 97; published 2-20-97 by 5-23-97; published 4- LEGAL SERVICES fireworks displays; TREASURY DEPARTMENT CORPORATION comments due by 5-21- 15-97 97; published 4-21-97 Dornier; comments due by Alcohol, Tobacco and Aliens; legal assistance Firearms Bureau restrictions; comments due TRANSPORTATION 5-19-97; published 4-9-97 by 5-21-97; published 4-21- DEPARTMENT Pratt & Whitney; comments Alcohol; viticultural area designations: 97 Federal Aviation due by 5-19-97; published 3-19-97 PENSION BENEFIT Administration Mendocino Ridge, CA; GUARANTY CORPORATION Air traffic operating and flight Saab; comments due by 5- comments due by 5-22- 19-97; published 4-9-97 97; published 4-7-97 Single-employer plans: rules: Class E airspace; comments Allocation of assetsÐ Airport security areas, TREASURY DEPARTMENT unescorted access due by 5-22-97; published Mortality tables; comments Internal Revenue Service privileges; employment 3-11-97 due by 5-19-97; history, verification, and Class E airspace; comments Estate and gift taxes: published 3-19-97 criminal history records due by 5-19-97; published Marital deduction; cross PERSONNEL MANAGEMENT check; comments due by 4-8-97 reference; comments due OFFICE 5-19-97; published 3-19- Commercial launch vehicles; by 5-19-97; published 2- Allowances and differentials: 97 licensing regulations; 18-97 vi Federal Register / Vol. 62, No. 94 / Thursday, May 15, 1997 / Reader Aids
FEDERAL REGISTER WORKSHOP THE FEDERAL REGISTER: WHAT IT IS AND HOW TO USE IT FOR: Any person who uses the Federal Register and Code of Federal Regulations. WHO: Sponsored by the Office of the Federal Register. WHAT: Free public briefings (approximately 3 hours) to present: 1. The regulatory process, with a focus on the Federal Register system and the public’s role in the development of regulations. 2. The relationship between the Federal Register and Code of Federal Regulations. 3. The important elements of typical Federal Register documents. 4. An introduction to the finding aids of the FR/CFR system. WHY: To provide the public with access to information necessary to research Federal agency regulations which directly affect them. There will be no discussion of specific agency regulations.
WASHINGTON, DC WHEN: June 17, 1997 at 9:00 am WHERE: Office of the Federal Register Conference Room 800 North Capitol Street, NW. Washington, DC (3 blocks north of Union Station Metro) RESERVATIONS: 202–523–4538