12-15-83 Thursday Vol. 48 No. 242 December 15, 1983 Pages 55719-55824

Agricultural Commodities Interstate Commerce Commission Animal Drugs Food and Drug Administration Bridges Coast Guard Communications Common Carriers Federal Communications Commission Communications Equipment Federal Communications Commission Food Additives Food and Drug Administration Food Grades and Standards Food and Drug Administration Government Procurement Defense Department General Services Administration Government Property Management General Services Administration Grant Programs— Indians , Human Development Services Office Investment Companies Securities and Exchange Commission Marine Safety Coast Guard Marketing Agreements Agricultural Marketing Service I I • Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983

FEDERAL REGISTER Published daily, Monday through Friday, (not published on Saturdays, Sundays, or on official holidays), by the Office of the Federal Register, National Archives and Records Service, General Services Administration, Washington, D.C. 20408, under the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C. Ch. 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

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There are no restrictions on the republication of material appearing in the Federal Register.

Questions and requests for specific information may be directed to the telephone numbers listed under INFORMATION AND ASSISTANCE in the READER AIDS section of this issue. Contents »Federal Register Vol. 48, No. 242

Thursday, December 15, 1983

The President Coast Guard PROCLAMATIONS RULES 55719 Drunk and Drugged Driving Awareness Week, Boating safety: National (Proc. 5136) 55733 Electrical and fuel system standards Drawbridge operations: Executive Agencies 55731 Safety zones: African Development Foundation 55732 Illinois Waterway, Margaret Street Highway NOTICES Drawbridge in Pekin, 111. 55800 Meetings; Sunshine Act Commerce Department Agricultural Marketing Service S ee a lso National Oceanic and Atmospheric RULES Administration; National Technical Information 55721 Oranges, grapefruit, tangerines, and tangelos grown Service. in Fla. NOTICES Meetings: Agriculture Department 55759 Industrial Competitiveness, President’s Commission; correction S ee Agricultural Marketing Service; Animal and Plant Health Inspection Service; Rural Customs Service Electrification Administration; Soil Conservation RULES Service. Merchandise, imported; transportation in bond and merchandise in transit: Air Force Department 55727 Change of practice relating to tariff classification NOTICES of garments with simulated features; correction 55759 Agency information collection activities under .NOTICES OMB review Petroleum products, approved public gauger: 55799 Independent Surveyors of Petroleum, Inc. Animal and Piant Health Inspection Service RULES Defense Department Livestock and poultry quarantine: S e e a lso Air Force Department; Army Department; 55722 Highly pathogenic avian influenza; interim; Engineers Corps; Navy Department effective date corrected RULES 55728 Contractors receiving negotiated contract awards, Arms Control and Disarmament Agency $10 million or more NOTICES 55758 Hubert H. Humphrey fellowship; 1984 competition Drug Enforcement Administration NOTICES Army Department 55787 Cannabis eradication program; use of herbicide S ee a lso Engineers Corps. paraquat; environmental statement NOTICES Meetings: Economic Regulatory Administration NOTICES 55760 Medical Research and Development Advisory Committee Consent orders: 55768 True Companies Bonneville Power Administration Powerplant and industrial fuel use; prohibition NOTICES orders, exemption requests, eta: 55767 Container Corp. of America Environmental statements; availability, etc.; 55767 University Energy 55762 Boundary-Spokane/Colville Valley support project Education Department 55763 Impact aid payments formula, proposed; review NOTICES and comment Grants; availability, etc.: 55761 Handicapped children’s early education program; Civil Aeronautics Board closing dates; correction NOTICES Hearings, etc.: Energy Department 55758 Michigan Peninsula Airways S ee Bonneville Power Administration; Economic 55758 Pan American World Airways Regulatory Administration; Energy Research Office; 55758 Rainbow Air, Inc. Federal Energy Regulatory Commission; Hearings 55759 United Air Lines and Appeals Office, Energy Department; Western 55759 United States-Venezuela all-cargo proceeding Area Power Administration. IV Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Contents

Energy Research Office Federal Highway Administration NOTICES NOTICES 55774 University energy research instrumentation Environmental statements; availability, etc.: program 55799 Oklahoma County, Okla.

Engineer Corps Federal Home Loan Bank Board NOTICES NOTICES Environmental statements; availability, etc.: 55801 Meetings; Sunshine Act (2 documents) 55760 Geneva-on-the-Lake, Ohio 55761 San Jose, Calif., flood problems - Federal Mediation and Conciliation Service 55760 Walnut Creek flood control project, Contra Costa NOTICES County, Calif. Senior Executive Service: 55778 Performance Review Board; membership Environmental Protection Agency RULES Fish and Wildlife Service Pesticide chemicals in or on raw agricultural NOTICES commodities; tolerances and exemptions, etc.: 55785 Endangered and threatened species permit 55737 Chlorpyrifos; correction applications NOTICES 55777 Agency information collection activities under Food and Drug Administration OMB review RULES Air quality; prevention of significant deterioration Animal drugs, feeds, and related products: (PSD): 55728 Fisons PLC; sponsor name change from Fisons 55777 Final determinations Corp. Pesticide, food, and feed additive petitions: Food for human consumption: 55778 Rhome-Poulenc Inc. et al.; correction 55727 White mineral oil PROPOSED RULES Federal Communications Commission Food for human consumption: RULES 55749 Cottage cheese and dry curd cottage cheese; Common carrier services: identity standards; advance notice 55742 MTS and WATS Market structure; access 55752 Cream cheese; identity standards; advance charges notice Radio services, special: 55742 Land mobile services, private; omni-directional General Services Administration antennas with operational-fixed stations RULES 55740, Private operational-fixed microwave service; Property management: 55741 digital termination systems and provision of 55737 Contract airline service between selected city- digital electronic message services; denial and pairs; temporary stay of effective date (2 documents) PROPOSED RULES 55755 Federal Acquisition Regulation (FAR) Federal Deposit Insurance Corporation NOTICES Healtji anc* Human Services Department 55800 Meetings; Sunshine Act (3 documents) S ee Food and Drug Administration; Human Development Services Office; Federal Energy Regulatory Commission National Institutes of Health. NOTICES * Hearings, etc.: Hearings and Appeals Office, Energy Department 55769 Central Maine Power Co. NOTICES 55769 Columbia Gas Transmission Corp. Applications for exception: 55770 Dayton Power & Light Co. 55775, Cases filed (2 documents) 55770 Dorchester Gas Producing Co. et al. 55776 55771 Mid Louisiana Gas Co. Remedial, orders: 55771 Mississippi River Transmission Corp. 55775 Objections filed 55772 Texas Gas Transmission Corp. 55773 Hydroelectric applications (Saylorville Hydro Human Development Services Office Partners) RULES Natural Gas Policy Act: Native American programs: 55804, Jurisdictional agency determinations (2 55818 Appeals process and management and 55809 documents) administrative procedures 55773 Oil pipelines, interstate; tentative valuation Small power production and cogeneration facilities; Internal Revenue Service qualifying status, certification applications, etc.: RULES 55769 Atkins, Callis H. Income taxes: 4 55771 Energy Enrichment, Inc. 55728 Gambling winnings; withholding of tax on 55772 Phillips Petroleum Co. payments; correction Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Contents V

Interior Department Marine mammals: S ee Fish and Wildlife Service; Land Management 55755 Commercial fishing operations; incidental taking; Bureau; Minerals Management Service; rulemaking petition Reclamation Bureau. NOTICES 55798 Foreign fishing permit applications, publication; International Trade Commission memorandum of understanding with State NOTICES Department Import investigations: Grants; availability, etc.: 55786 Woodworking machines 55814 Fisheries loan fund; emergency loans

Interstate Commerce Commission National Technical Information Service RULES NOTICES Rail carriers: Patent licenses, exclusive: 55744 Frozen food commodities; general exemption 55759 SmithKline Beckman Corp. authority Navy Department Justice Department NOTICES S ee Drug Enforcement Administration. 55761 Agency information collection activities under OMB review Land Management Bureau RULES Nuclear Regulatory Commission Public land orders: PROPOSED RULES 55739 Arizona; correction Rulemaking petitions: NOTICES 55745 Texas et al.; denied Alaska native claims selection; applications, etc.: NOTICES 55784 Chaluka Corp. 55788 Agency information collection activities under Environmental concern; designation of critical OMB review areas: Applications, etc.: 55779 Paradise-Denio Resource Area et al. 55789 Mississippi Power & Light Co. et al. Exchange of public lands for private land: 55789 Philadelphia Electric Co. 55782 California Meetings: Leasing of public lands: 55788 Reactor Safeguards Advisory Committee 55781 Oregon 55788 Nuclear waste repository safety guidelines, high- Meetings: level; NRC concurrence 55783 Ely District Advisory Board (2 documents) 55784 Yuma District Advisory Council Postal Rate Commission Oil and gas leases: NOTICES 55784 Colorado 55801 Meetings; Sunshine Act (2 documents) Sale of public lands: 55790 Postal rate and fee changes (1983); technical 55780 Oregon conference 55781, South Dakota (2 documents) 55782 Postal Service 55784 Utah NOTICES Wilderness study areasf 55790 Privacy Act; systems of records 55779 Utah Reclamation Bureau Minerals Management Service NOTICES NOTICES Contract negotiations: Outer Continental Shelf; oil, gas, and sulphur 55785 Lower Missouri Region operatons; development and production plans: 55786 C&K Petroleum, Inc. Rural Electrification Administration 55786 Exxon Co. USA NOTICES Environmental statements; availability, etc.: National Institutes of Health 55757 York County Rural Public Power District NOTICES Loan guarantees, proposes: Meetings: 55778 55757 Plains Electric Generation & Transmission Breast Cancer Task Force Committee Cooperative, Inc. 55778 Head and Neck Cancer Workshop 55779 High Blood Pressure Education Program National Coordinating Committee Securities and Exchange Commission 55778 Resources, Centers and Community Activities RULES Division; Scientific Counselors Board Investment companies: 55722 Advertising National Oceanic and Atmospheric Administration Small Business Administration PROPOSED RULES NOTICES Coastal zone management program: Applications, etc.: 55748 Performance evaluation; rulemaking petition 55792 First Maryland Capital, Inc. VI Federal Register / Vol. 48, No. 242 / Thursday, December 15,1983 / Contents

Authority delegations: 55793 Comptroller 55793- Disaster loan area declarations; agricultural 55798 enterprises eligibility (3 documents)

Soil Conservation Service NOTICES Environmental statements; availability, etc.: 55758 Little Arbor Vitae Public Water-Based Fish and Wildlife RC&D Measure, Wis.

State Department NOTICES 55798 Fishing permit applications, publication; memorandum of understanding with NOAA

Textile Agreements implementation Committee NOTICES 55759 Statistical headnote amendment

Trade Representative, Office of United States NOTICES 55790 Government procurement agreement; application determination; dollar equivalent of special drawing right units Unfair trade practices, petitions, etc.: 55790 Domestic Steel Wire Rope and Specialty Cable Manufacturers; steel wire rope investigation terminated

Transportation Department S ee Coast Guard; Federal Highway Administration.

Treasury Department S ee Customs Service; Internal Revenue Service.

Veterans Administration NOTICES Meetings: 55799 Educational Allowances Station Committee

Western Area Power Administration NOTICES Environmental statements; availability, etc.: 55777 Big Horn County, Mont.; transmission line facilities

Separate Parts in This Issue

Part II 55804 Department of Energy, Federal Energy Regulatory Commission

Part III 55814 Department of Commerce, National Oceanic and Atmospheric Administration

Part IV 55818 Department of Health and Human Services; Office of Human Development Services Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

3 C F R Proclamations: 5136...... „55719 7 CFR 905...... 55721 9 CFR 81...... 55722 10 CFR Proposed Rules: 60...... 55745 15 CFR Proposed Rules: 928...... 55748 17 CFR 230...... i...... 55722 239...... 55722 274...... 55722 19 CFR 177...... 55727 21 CFR 172...... ;...... 55727 510...... 55728 522...... 55728 Proposed Rules: 133 (2 documents)...... 55749, 55752 26 CFR 1 ...... 55728 31 ...... 55728 32 CFR 166...... 55728 33 CFR 117...... 55731 165...... „55732 183...... 55733 40 CFR 180...... 55737 41 CFR 101-40...... 55737 43 CFR Public Land Orders: 6466...... 55739 45 CFR 1336...... „...... 55818 47 CFR 2 (2 documents)...... 55740, 55741 21 (2 documents)...... 55740, 55741 69...... 557455742 74 (2 documents)...... 55740, 55741 90...... „...... 55742 94 (2 documents)...... 55740, 55741 48 CFR Proposed Rules: 5...... „...... 55755 49 CFR 1039...... 55744 50 CFR Proposed Rules: 216...... 55755

55719 Federal Register Presidential Documents Vol. 48, No. 242

Thursday, December 15, 1983

Title 3— Proclamation 5136 of December 13, 1983

The President National Drunk and Drugged Driving Awareness Week, 1983

By the President of the United States of America' A Proclamation The most serious problem on our Nation's highways is drunk driving. Drunken drivers kill and injure more people on the roads than any other cause. The cost of this slaughter is staggering, as much as $25 billion each year. The drunk driving problem has stirred outrage among citizen groups, which have succeeded in arousing national interest in the problem. In response to these concerns, many States have set up task forces to examine their drunk driving laws. Several States have already enacted amendments to strengthen their laws. To enqourage these efforts, I established the Presidential Commis­ sion on Drunk Driving in April 1982. That Commission successfully completed its work and has prepared a landmark report of its findings. There is also a generally unrecognized menace in a category akin to the drunken driver: the drugged driver. The drugged driver is also a public hazard, perhaps less recognized because the cause of the individual's behavior may be less apparent. The driver who operates a motor vehicle while under the influence of mind-altering drugs also presents a significant danger on the roads. The problem of the drugged driver is growing, and the American people must become more aware of this added threat. In recognition of the threat that drunken and drugged drivers pose to the safety of our citizens, to heighten public awareness of the societal costs of such drivers, and to encourage and support efforts to decrease traffic fatalities caused by drunken and drugged drivers, the Congress, by Senate Joint Resolu­ tion 119 (Public Law 98-103), has designated the week of December 11, 1983, through December 17,1983, as "National Drunk and Drugged Driving Aware­ ness Week” and has requested the President to issue a proclamation in observance of that week. NOW, THEREFORE, I, RONALD REAGAN, President of the United States of America, do hereby proclaim the week beginning December 11, 1983, as National Drunk and Drugged Driving Awareness Week. I call upon the people of the United States to observe this week with appropriate activities in their homes, offices, schools, and communities. I ask all of us to be mindful of the dangers of driving while drunk or drugged and to use this observance to intensify our efforts to prevent sadness and tragedy from intruding on our joyful holiday season. IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of December, in the year of our Lord nineteen hundred and eighty-three, and of the Independence of the United States of America the two hundred and eighth.

c r v A J j ^ x k * [FR Doc. 83-33565 Filed 12-14-83: 11:18 am] Billing code 3195-Ol-M Editorial Note: For the President’s remarks of Dec. 13,1983, on signing Proclamation 5136, see the W eekly Compilation o f Presidential Documents (vol. 19, no. 50).

55721

Rules and Regulations Federal Register Vol. 48, No. 242

Thursday, December 15, 1983

This section of the FEDERAL R EG ISTER CFR Part 905), regulating the handling of § 905.52(a)(3) must await the contains regulatory documents having oranges, grapefruit tangerines and development of the crop and the genera) applicability and legal effect, most tangelos grown in Florida, hereinafter availability of information about market of which are keyed to and codified in referred to collectively as the order. The the Code of Federal Regulations, which is supplies and the demand for such fruits. published under 50 titles pursuant to 44 order is effective under the Agricultural The recommendation and supporting U.S.C. 1510. Marketing Agreement Act of 1937, as information for such regulation were The Code of Federal Regulations is sold amended (7 U.S.C. 601 et seg). This promptly submitted to the Department by the Superintendent of Documents. action is based upon the after an open meeting of the committee, Prices of new books are listed in the recommendations and information after notice to growers, shippers, and first FEDERAL R EG ISTER issue of each submitted by the Citrus Administrative interested persons had been given, and month. Committee established under the order all present were afforded an opportunity and other available information. It is to submit information and views. found that this action will tend to Information regarding specifications of DEPARTMENT OF AGRICULTURE effectuate the declared policy of the act. the regulation has been provided to This amendment reflects the shippers, and the regulation is identical Agricultural Marketing Service Department’s appraisal of the marketing with the recommendations of the situation during the period immediately 7 CFR Part 905 committee. Compliance with the prior to the week in which Christmas regulation will not require any special [Orange, Grapefruit, Tangerine and Tangelo Day occurs and for the period preparation on the part of persons Reg. 6, Arndt 27] immediately following. It is anticipated subject thereto which cannot be that shipments of fresh oranges, completed on or before the effective Oranges, Grapefruit, Tangerines, and grapefruit, tangerines, and tangelos prior time. Tangelos Grown in Florida; Limitation to Christmas Day will result in market of Shipments supplies in excess of market needs. An List of Subjects in 7 CFR Part 905 accumulation of excessive quantities of AGENCY: Agricultural Marketing Service, Marketing agreements and orders, USDA. any variety of citrus fruit in the markets during the period immediately prior to Florida, Grapefruit, Oranges, Tangelos, a c t io n : Amendment to final rule. and following Christmas contributes to Tangerines. s u m m a r y : This amendment establishes unstable marketing conditions. It is a total limitation of shipment regulation reported that, absent the shipping PART 905— [AMENDED] for fresh Florida oranges, grapefruit, holiday, excessive shipments of the Accordingly, in § 905.306 paragraph tangerines, and tangelos during the specified fruits would occur, causing an period beginning at 6:00 p.m., E.S.T., accumulation of these varieties of fruit (d) is redesignated as paragraph (e), and December 22,1983, and ending 12:01 in the market prior to and during the a new paragraph (d) is added to read as amt, E.S.T., December 27,1983. The post-holiday period, a period in which follows: regulation is needed to assist in there is a drop in consumer demand. preventing the accumulation of Hence the curtailment of orange, § 905.306 Orange, Grapefruit, Tangerine grapefruit, tangerine and tangelo and Tangelo Regulation 6. excessive market supplies of the * * * * * specified fruits during the Christmas shipments, as hereinafter specified, Holiday period specified, in which it is would contribute to a better-managed (d) Notwithstanding the provisions of anticipated there will be a greatly supply situation and in turn to the Table 1 in paragraph (a) of this section reduced market demand. establishment of orderly marketing. during the period beginning at 6:00 p.m., It is further found that it is e f f e c t iv e d a t e : 6:00 p.m., E.S.T., E.S.T., December 22,1983, and ending at December 22,1983. impracticable and contrary to the public 12:01 a.m., E.S.T., December 27,1983, no interest to give preliminary notice, FOR FURTHER INFORMATION CONTACT: handler shall ship between the engage in public rulemaking procedure, William J. Doyle, Chief, Fruit Branch, production area and any point outside and postpone the effective date of this F&V, AMS, USDA, Washington, D.C. thereof in the continental U.S., , amendment until 30 days after 20250, telephone 202-447-5975. or Mexico, any oranges, grapefruit publication in the Federal Register (5 tangerines, or tangelos, of the varieties SUPPLEMENTARY information : This U.S.C. 553), because of insufficient time or types, specified in paragraph (a) final action has been reviewed under between the date when information Table I of this section, grown in the USDA procedures and Executive Order became available upon which this production area. 12291 and has been designated a “non­ amendment is based and the effective ***** major” rule. William T. Manley, Deputy date necessary to effectuate the (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Administrator, Agricultural Marketing declared purposes of the act. A 601-674) Service, has determined that this action reasonable time is permitted, under the will not have a significant economic circumstances, for preparation for such Dated: December 9,1983. impact on a substantial number of small effective time; and good cause exists for Russell L. Hawes, entities. making the provisions of this Acting Deputy Director, Fruit and Vegetable This rule is issued under the amendment effective at the time Division, Agricultural Marketing Service. marketing agreement, as amended, and specified. Determination as to the need [FR Doc. 83-33382 Filed 12-14-83; 8:45 am] marketing Order No. 905, as amended (7 for, and extent of, regulation under BILLING CODE 3410-02-M 55722 Federal Register / Vol. 48, No. 242 / Thursday, December» 15, 1983 / Rules and Regulations

Animal and Plant Health Inspection s u m m a r y : The Commission is adopting registration form used by open-end Service op a final basis amendments to rule 482 management investment companies.1 At under the Securities Act of 1933, relating the same time, the Commission solicited 9 CFR Part 81 to advertisements by investment comments concerning the permanent companies registered under the adoption of these amendments. The [Docket No. 83-132] Investment Company Act of 1940, and to temporary amendments: (i) Permit Form N -l, the registration form used by Highly Pathogenic Avian Influenza; investment companies registered under open-end management investment Correction of Effective Date the 1940 Act to send advertisements companies. The Commission is also under rule 482 by direct mail to potential AGENCY: Animal and Plant Health adopting corresponding amendments to investors; (ii) modify the method of Inspection Service, USDA. Form N-lA, the new registration form determining current yield by changing for use by certain open-end management a c t i o n : Interim rule; correction of the method by which the base period effective date. companies. The Commission adopted return is calculated; and (iii) permit the amendments in order to provide investment companies that are money s u m m a r y : This document makes a prospective investors with sufficient market funds to advertise yield figures correction concerning the effective date information to make an informed choice comparable to compound interest rates. of the document captioned “Highly concerning the various investment The Commission adopted these Pathogenic Avian Influenza" which was alternatives available based on amendments to rule 482 on a temporary published in the Federal Register on comparable information. The basis, without public comment, because November 28,1983 (48 FR 53678-53679) amendments, among other things, permit it believed that investors needed to be and which established a quarantine and registered investment companies to mail better informed regarding competing extraordinary emergency provisions for advertisements pursuant to rule 482 investment alternatives. The a portion of because of directly to prospective investors and Commission stated that it was highly pathogenic avian influenza. It permit money market funds to advertise particularly important, in light of the was intended that the document become their effective yeild. recent developments affecting financial effective on November 23,1983. This EFFECTIVE DATE: January 16,1984. institutions, that investors choosing intent is consistent with the language in FOR FURTHER INFORMATION CONTACT: among various investment opportunities the "Emergency Action” section of the Larry L. Greene, Esq. (202) 272-7320 or have a broad range of information document, which indicated that the Jane A. Kanter, Esq. (202) 272-2115, available to them to assist them in their document was to be effective upon Special Counsel, Office of Disclosure investment decisions. Absent such signature. The document was signed and Legal Services, Division of Investment information, investors might not be able dated November 23,1983. However, the Management, Securities and Exchange to compare accurately these competing “ d a t e s ” section of the document Commission, Washington, D.C. 20549. investment products. inadvertently listed the effective date as SUPPLEMENTARY INFORMATION: The As temporarily adopted by the November 25,1983. Therefore, this Commission is today adopting on a final Commission in Investment Company document corrects the “ d a t e s ” portion basis amendments to rule 482 (17 CFR Act Release No. 13049,2 rule 482 was of the document to reflect the effective 230.482), Form N -l (17 CFR 239.15 and amended to delete language limiting rule date as November 23,1983. 274.11) and conforming amendments to 482 advertisements to newspapers, FOR FURTHER INFORMATION CONTACT: Form N -lA (17 CFR 239.15A and magazines, radio, or television in order Dr. William W. Buisch, Chief, National 274.11A). The amendments: (i) Permit to permit direct mail solicitations and Emergency Field Operations Staff, VS, investment companies registered under other forms of advertisement under that APHIS, USDA, Room 747, Federal the Investment Company Act of 1940 rule. As discussed in the proposing Building, 6505 Belcrest Road, (the “1940 Act”) (15 U.S.C. 80a-l et seq.) release, the Commission believes that Hyatts ville, MD 20782, 301-436-8073. to send advertisements permitted under restricting rule 482 advertisements to the Done at Washington, D.C., this 12th day of that rule by direct mail to potential mass media is no longer justified in light December 1983. investors; (ii) modify the method of of the Commission’s experience with the K. R. Hook, determining current yield by changing rule and developments in the Acting Deputy Administrator Veterinary the method by which the base period marketplace in the four years since rule S erv ices. return is calculated and by excluding 482 was first adopted. nonrecurring fees from the calculation of [FR Doc. 83-33320 Filed 12-13-83; 11:15 am] At the same time, the Commission BILLING CODE 3410-34-M the base period return; (iii) permit also adopted on a temporary basis, and investment companies that are money proposed for comment, amendments to market funds to advertise yield figures Item 17 of Form N -l with respect to the comparable to compound interest rates; SECURITIES AND EXCHANGE method of computing yield quotations. COMMISSION and (iv) permit the yield quotation One of the amendments to Item 17 contained in the fund’s prospectus to be changed the method of determining the 17 CFR Parts 230, 239 and 274 based on the seven days ended on the base period return in order to eliminate last day of the most recent month for a bias in the yield computation that [Release Nos. 33-6500; IC-13658 (File No. which it is both practicable to make the favored funds that pay dividends S7-963)] yield computations and to include such monthly rather than daily. Under that computations in the fund’s prospectus. Advertising by Investment Companies revised method, yield calculations are I. Background based on a hypothetical account having AGENCY: Securities and Exchange a balance of exactly one share at the Commission.- On February 28,1983, the Commission beginning of a seven day period. The adopted on a temporary basis a c t i o n : Permanent adoption of amendments to rule 482 under the temporary amendments and conforming 1 Investment Company Act Release No. 13049 Securities Act of 1933 (the “1933 Act”) (February 28,1983) [48 FR 10297 (March 11,1983)]. amendments. (15 U.S.C. 77a et seq.) and Form N -l, the 2 48 FR 10297 (March 11,1983). Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations 55723

base period return is the change in the II. Discussion the length of the base period and the value of the hypothetical account during A. Direct M ail Solicitation fund’s average account size. As a result the seven day period, including of this requirement, one-time account or dividends declared on the original share, As now adopted, rule 482 will permit sales charges have been treated as dividends declared on any shares direct mail solicitation by means of rule expense items and must be deducted in purchased with dividends on that share, 482 advertisements. The amendment full from the account value in the and any account charge or sales charges (deletion of former paragraph (a)(2) of calculation of the base period return. that would affect an account of average the rule) in fact removes all limitations These commentators suggested that the size, but excluding any capital changes. relating to the media that may be used operation of this requirement would Finally, in that same release, the in connection with such advertisements. have an unduly harsh impact on yield Commission adopted on a temporary Accordingly, rule 482 omitting quotations for companies charging such basis, and proposed for comment, an prospectuses may, in compliance with one-time fees, in light of the short base amendment of rule 482 and Item 17 of section 5(b)(1) of the 1933 Act (15 U.S.C. period (seven days) used in the yield Form N -l to permit money market funds 77e(b)(l)), be transmitted not only by computation and the fact that many mass media advertisements and direct to use effective yield quotations in shareholders retain all or part of their mail, but by any other “means or addition to quotations based on simple initial investment for many years, and instruments of transportation or annualized yield. This proposed also because the impact of such one­ communication in interstate commerce.” time charges depends on the length of amendment was premised on the fact The Commission believes that the time of the shareholder’s investment as that, assuming the reinvestment of the change in rule 482 to eliminate the well as its amount. Commentators proceeds of maturing short-term requirement that advertisements stated that during any given period of securities, the portfolios of money pursuant to the rule must be in a bona time the one-time charge would market funds earn compounded rates of fide newspaper or magazine, or on radio probably apply only to a small return in a manner similar to the or television, is consistent with the percentage of a fund’s shareholders and compounded rates advertised by Commission’s stated purpose of that such charges are fully disclosed and depository institutions, and the concern permitting investment companies to non-recurring. Finally, these that, absent an amendment to permit the provide more information to investors commentators suggested that treating use of effective yield quotations by with respect to alternative investment such charges as expense items is funds, investors would be unable to opportunities. Commentators misleading and results.in a substantial compare accurately the compound recommended that the Commission understatement of a fund’s yield. To interest rates advertised by depository permanetly adopt this portion of the alleviate this concern about the institutions with the yield quotations amendment to rule 482 as proposed and standardized yield computation these advertised by money market funds. the Commission has determined to do commentators recommended treating The Commission received 12 letters in so. such one-time account or sales charges response to its request for comments.3 B. Modification of Standardized Yield as capital items, rather than expense All of the commentators generally Computation items. supported the proposed amendments After considering the views of the although many suggested certain Three commentators specifically commentators on this matter the supported the Commission’s temporary specific revisions or clarifications of the Commission believes that one-time amendment of Item 17 of Form N -l, rule and forms. After reviewing the account or sales charges should not be which changed the method of comments, the Commission has treated as ordinary expense items in the < determining the base period return, in determined that the temporary calculation of the base period return. order to eliminate the bias in favor of However, the Commission also believes amendments should be adopted on a funds that pay dividends monthly rather permanent basis with modifications as that an adjustment of the base period than daily. These commentators urged return in the manner recommended by discussed below. The Commission is the permanent adoption of this the commentators may distort yield also adopting corresponding temporary amendment to Item 17. quotations for funds charging amendments to Form N—1A to conform Several commentators urged the nonrecurring fees. To treat nonrecurring the provisions of that form with the Commission to make various other fees as capital items, as suggested by amendments to Form N -l adopted modifications to the yield computation the commentators, would require the herein. These modifications, together formula. As discussed below, the amortization of such fees over a time with a discussion of major issues raised Commission has adopted several of period that would ideally correspond to by the commentators and the those suggestions. the life of an average fund account. In Commission’s views concerning those One-time Account and Sales Charges. light of the short operating history of issues, follow. Two commentators suggested that the most money market funds and the wide standardized yield computation should variety of factors that may play a part in be revised to reflect more accurately the 3 These commentators can be divided into the determining the life of an average fund following six categories: (i) Three commentators effect on the yield caused by one-time account, the Commission, has concluded who represent trade associations, (ii) two account or sales charges imposed by that, at this time, one-time account or commentators who rep resents vestment some funds. Pursuant to the amendment sales charges should be excluded from companies, (iii) two commentators who are to Item 17 of Form N -l as proposed, and investment advisers and fund managers, (iv) two the computation of yield. Instead, commentators who are underwriters of investment adopted on a temporary basis, issuers will be required to disclose, both company securities, (v) one self-regulatory paragraph (b)(ii) of that Item requires in fund prospectuses and in organization and (vi) one commentator from the that the determination of the net change advertisements pursuant to Rule 482 that academic community. In addition to these in account value used as a basis for commentators, the Commission also considered the these fees are charged and that they will views of five other commentators, who specifically determining annualized yield must reduce the yield to be realized. In commented on Form N -l A, concerning that Form’s reflect all fees that are charged to all addition, fund prospectuses must requirements foi fund yield quotations information. shareholder accounts, in proportion to disclose the amount or specific rate of 55724 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations such nonrecurring fees. The method of of small investors because the median of data produced by the standardized computing base period return as account will presumably be smaller than formula for the calcula tion of current permanently adopted by the the average size account. yield andminimizes the need for Commission has been revised The Commission continues to believe additional calculations. accordingly. Should reliable data on the that its treatment of recurring account Weighted-Average Portfolio Maturity. life of an average account become charges as proposed is appropriate but The effective yield formula as proposed, available, the Commission may, has modified the account size standard and temporarily adopted by the however, reevaluate this determination. to provide that funds may use either an Commission, is based on daily Recurring Account Charges and Fees. average account size or median account compounding. The Commission As proposed and temporarily adopted size. The Commission’s purpose in specifically requested comment by the Commission, the computation of including recurring account charges in concerning whether it would be more simple annualized yield requires that the the yield calculation is to reflect as appropriate to employ a compounding base period return be reduced by the nearly as possible, within the limits of a period related to a fund’s weighted amount of service charges and other standardized formula, the experience of average portfolio maturity, In view of account charges that would affect an the average investor who must in fact the fact that the compound effect a account of average size.4 Two pay such charges.5 Because the use of realized by a fund would be dependent commentators suggested that such median account size might in some on its receipt of investment proceeds recurring account charges should be cases eliminate distortions which may upon maturity of its portfolio deleted from the yield computation. One be caused by the assumption of an instruments. Two commentators of these commentators stated that the average account size, the Commission submitted conflicting views on this method of calculating yield should believes that those funds that wish to issue. One, who favored daily exclude from consideration all charges use a median account size should have that are not made against the assets of the opportunity to do so. Accordingly, compounding, asserted that, “since the the fund directly, but which are instead the yield formula has been revised So investor’s return is dependent upon the charged to individual accounts. This provide this option to funds. seven day income rate and the commentator argued that the inclusion Double compounding. Five frequency with which the dividends are of recurring shareholder account commentators noted that the method for reinvested,7 it would be erroneous to charges in the yield calculation distorts computing effective yield proposed for employ a compounding period based on comparisons between funds and leads comment, and adopted on a temporary the weighted average portfolio maturity, to confusing disclosure. The basis, contains an error which results in unless the formula also used the commentator argued that, since some a double compounding of the effective weighted sianple rate of interest earned funds, such as insurance company yield quotation. Several commentators by the fund on its portfolio during the separate accounts, apply different suggested that the proposed formula same period.’’ Moreover, the account charges to different classes of permits double compounding because commentator staled that a compounding customers, multiple yields would have the figure that is compounded, the base period related to a fund’s weighted to be quoted in communications with period return, is itself a figure that average .portfolio maturity would require customers, making such communications reflects compounding. As a result, the costly and time consuming calculations confusing and complicated. This effective yield formula results in a each time the fund computed its yield commentator suggested that information slightly higher yield figure than since the weighted average portfolio concerning account charges should be intended.6 maturity of a fund is subject to constant disclosed in the fund’s prospectus rather All of these commentators suggested change. than incorporated into the yield alternative formulas to correct this error. Another commentator, however, computation. Although the suggestions of the argued that a daily compounding period With regard to the treatment of commentators vary slightly, they all as required in the proposed formula recurring account charges, this appear to resolve the problem of double could cause significant yield distortions commentator also argued that the compounding present in the between funds with different portfolio assumption of an average account size Commission’s computation. The method maturities. The commentator urged that was particularly misleading. The being adopted is described in detail in if thè formula were revised to relate the commentator asserted that, for example, the amendments to the forms and is compounding period to each fund’s two funds with identical investments illustrated in the Appendix. It was weighted average portfolio maturity, any and identical sales or account charges, selected primarily because it makes use potentially distortion in the effective but with different average account sizes, yield quotation caused by differences hi would display different yields, although 5 One commentator argued that money market the length of each fund’s portfolio the yields actually would be identical funds should not be required to reflect account fees and charges in their yield quotations cm the ground maturity would be substantially offset. Another commentator also asserted that that yield quotations advertised for investment The Commission believes that daily the assumption of an average account products competing with money market funds compounding would not only be less size could potentially provide inaccurate not reflect such fees and charges. Compatibility in burdensome to implement than a yield yield information and suggested instead advertisements of competiting products 5s an important goal which the Commission wishes to computation based on average portfolio that the use of a median account size support wherever possible and which is reflected in maturity, but would also provide a would be preferable. That commentator Commission communications with other state and sufficiently accurate reflection of the argued that a yield figure based on a federal regulatory agencies. The Commission does median account size would more closely not believe, however, that it should necessary change its investor protection standards to conform 7 Another commentator also argued that a money approximate the investment experience to possible standards in other industries. market fund investment may earn, in effect, a 6 By dividing the -base period return by «even the compound rate of return by assuming a 4 Since the adoption by fee Cemmission in 1980 of proposed method produces a daily figure that reinvestment of dividends. However, fee a standardised p eM computation for use in reflects the compounding that occurred during the Commission’s formula for computing effective ¿neki prospectuses and advertisements of money market seven day base period-The double compounding is based upon a fund’s ability to compound th e fundsi the'Commission has required that recurring results from the fact feat fee daily figure, which is interest earned 6n its portfaiio .securities and is account charges b e considered in the determination already compounded, is then compounded far 365 unrelated to fee frequency with which funds pay of a fund's yield ¡quotations. days. dividends to shareholders. ; Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations 55725 actual operation of the portfolios of practicable both to make the base period used in computing the money market funds. Once a money computations and to include the results quotation. Funds wishing to use rule 482 market fund is beyond its initial start-up in the fund’s prospectus.8 to advertise their effective yield on a period, the maturity of the securities in D. Form N -lA Disclosure compound basis must also include in the portfolio will tend to be staggered, their prospectuses a corresponding and it will generally have securities One commentator noted that Form N- quotation of effective yield determined maturing daily. At this stage of 1A, as proposed, would have required in accordance with the revised method operation, the earnings realized on that yield quotation information be described in this release. maturing securities and made available provided only in the Statement of The Commission is aware that the for reinvestment can be expected to Additional Information and not in the prospectuses of almost all money closely approximate the interest accrued prospectus. This commentator, and market funds already include a daily by the fund. Since it is not clear others who commented specifically on description of a standardized method of that the use of a compounding period Form N -l A, suggested that if yield computing current and effective yield related to average portfolio maturity quotations were not part of the base on the temporary amendments, as would provide an increase in precision prospectus, registrants would be unable set forth in Item 17 of Form N -l and sufficient to warrant its choice over to include such figures in a rule 482 yield quotations based on those daily compounding, the Commission has advertisement. In réponse to these methods. Accordingly, funds that wish retained the daily compounding method. comments, Form N -l A as adopted was to include yield figures in rule 482 C. Date of Prospectus Quotation revised by adding new paragraph (C) to advertisements based on the revisions Item 3, which requires money market adopted today, but before their Item 17(a)(i) of Form N -l currently funds to include in their prospectuses prospectuses are ready for regular provides that a fund’s prospectus must standardized yield quotations. In updating, may revise their prospectuses contain a yield quotation based on the addition, Item 22 was revised to require to include a “sticker” containing the seven days ended on the date of the the Statement of Additional Information necessary information pursuant to rule most recent financial statements of the to contain a description of the method 497(c) of the 1933 Act (17 CFR registrant included in the prospectus. by which the yield quotation provided in 230.497(c)). Two commentators on Form N-1A, as the prospectus is computed. One of the proposed, recommended that the yield instructions to Item 3(c) of Form N -lA List of Subjects quotation requirements contained in also provides that funds which choose 17 CFR Parts 239 and 239 Item 22 be amended to eliminate the to do so may include in their Reporting and recordkeeping requirement that the quotation prospectuses quotations of effective requirements, Securities. (furnished in the prospectus) be based yield computed in accordance with the on the last seven days of the period method specified in the instructions to 17 CFR Part 274 covered by the most recent financial Item 3(c) of Form N-lA. The statements of the fund included in the Investment companies, Reporting and Commission is further amending Form recordkeeping requirements, Securities. prospectus. These commentators N -lA to conform the requirements of pointed out that by the time a that form with the revisions to the Text of Amendments Made Permanent prospectus is distributed the yield methods of computing yield quotations in Parts 230,239 and 274 quotation based on these financial that are being adopted today on a statements may well be obsolete. In accordance with the foregoing, the permanent basis for Form N -l. Another commentator suggested that a temporary amendments to Title 17 of the yield quotation based on the most recent III. Compliance Considerations Code of Federal Regulations, Parts 230, financial statements of the fund should 239 and 274 including certain revisions The amendments to rule 482, Form N- thereto, and an amendment to Form N- be included in the prospectus, as well as 1 and Form N -lA will become effective quotation based on a more recent 7-day 1A are adopted as follows: . 30 days after the release is published in period not related to the financials. In the Federal Register in order to give addition, the Commission is aware that PART 230— GENERAL RULES AND registrants time to adjust to the changes some registrants, in filing post-effective REGULATIONS, SECURITIES ACT OF that have been made. Funds wishing to amendments to their registration 1983 do so may, however, revise immediately statements to update the narrative their procedures in accordance with the 1. In § 230.482, remove paragraph information in their prospectuses, have revisions today adopted by the (a)(2), redesignate paragraphs (a)(3), sought to substitute more current yield Commission. Funds filing on Form N -l (a)(4) and (a)(5) as paragraphs (a)(2), quotations in their prospectuses without and wishing to use yield quotations in (a)(3) and (a)(4), respectively, and revise providing new financial statements. rule 482 advertisements, in accordance paragraph (d) as follows: However, in light of the requirement to with that rule, must have in their base yield quotations on the most recent § 230.482 Advertising by an investment prospectuses a revised description of the financial statements of the fund company as satisfying requirements of new method of determining current yield contained in the prospectus, registrants Section 10. adopted in this release, and a quotation it ★ A * ★ have been prohibited from substituting more recent quotations. of current yield based on that method, (d) In the case of an investment The Commission has considered these which identifies the length of the base company which holds itself out to be a comments and in light of its experience period and date of the last day in the “money market” fund or has an has determined to permit funds to base 8 New funds without an operating history will not investment policy calling for investment the yield quotations contained in their be required to include a yield quotation in their of at least 80% of its assets in debt prospectuses on either the date of the propsectus. Such funds, however, must comply with securities maturing in 13 months or less, most recent financial statements the requirement at the time they update their any quotation of such company’s yield included in the prospectus or the seven prospectuses pursuant to the undertaking required by Form N 1 A, but may earlier elect to add a yield contained in such advertisement shall day period ended on the last day of the figure to their prospectuses using the alternative be: (1) A quotation of current yield most recent month for which it is yield period. based on the method of computation 55726 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations prescribed in Form N -l {setforth in (ii) All fees other than nonrecurring beginning of the base period to obtain die § § 239.15 and 274.11 of this chapter) or account or sales charges, that are charged to base period return, and multiplyihg the tese Form N -lA {set forth in §§ 239.15A and all shareholder aocounts in proportion to the period return by (365/7| with the •resulting length of the base period and the fund's 274.11A of this chapter) and identifying yield figure carried to at least the nearest average account size. hundredth of one percent and (2) the length the length of and the date of the last day ■(c) The capital changes to be excluded from of and the date of the last day in the base in the base period used in computing the calculation required in subsection (aj ane period used in computing that quotation. that quotation, or {2) a quotation of realized gains and losses from the sale of current yield described in paragraph securities and unrealized appreciation and Instructions (d)(1) of this section and a depreciation. (a) * * * (b) All fees, other than nonrecurring corresponding quotation of effective Instructions yield determined in accordance with the account or sales charges, that are charged to 1. In connection with the presentation of instructions as to the calculation of all shareholder accounts in proportion to the the yield quotation, the prospectus must length of the base period and the fund’s effective yield quotations contained in disclose apy material net change in the yield Forms N -l or N -l A. average account size. figure that would result from the inclusion of 2. Money market funds that charge capital changes that are excluded in the Note.—Registrants that charge nonreourring account or sales charges ¡must computation pursuant to this Item. nonrecurring fees, such as one-time sales or disclose the amount or specific rate of such 2. In addition to fee required yield account set-up charges, must dislcose, in such charges in their prospectus in response to this quotation, the registrant may also include a advertisement, that these fees are charged item. quotation of effective yield, earned to at least and that they reduce the advertised yield. 3. The capital changes to be excluded from the nearest hundredth of one percent the calculation of yield required by this item PART 239— FORMS PRESCRIBED computed by compounding the unannualized are realized gains and losses from the sale of UNDER THE SECURITIES ACT OF 1933 base period return by adding 1 to the base period return, raising the sum to a power securities and unrealized appreciation-cmd depreciation. PART 274— FORMS PRESCRIBED equal to 365 divided by 7, and subtracting one from the result, according to the following 4. In connection with the presentation of UNDER THE INVESTMENT COMPANY formula: Effective yield= (Base Period the yield quotation, the prospectus must ACT OF 1940 Return-|-1) 365/7—1. disclose any material net change in the yield 3. For purposes of calculating the yield figure that would result from the inclusion of 2. The temporary amendments to Item quotation required in subsection (a) above, capital changes that are excluded in the 17 of Part I of Form N -l (§ § 239.15 and funds that choose to make such an election computation pursuant to this Item. 274.11) and certain revisions thereto are on an annual basis may use a median 5. In addition to the yield quotation permanently adopted as follows: account size in place of an average account required by this Item, the registrant may also size in determining the base period return. include a quotation of effective yield, carried § 293.15 Form N-1 for open-end 4. Money market funds that charge to at least the nearest hundredth of one management investment companies nonrecurring account or sales charges must percent, computed by compounding the registered on Form N-8A. disclose the amount or specific rate of such unannualized based period return by adding § 274.11 Form N-1 registration statement fees in. die prospectus in response to this 1 to the base period return, raising the sum to of open-end management investment item. a power equal to 365 divided by 7, and companies. 3. By amending Item 3(c) of Part A and subtracting one from the result, according to * * * % * Item 22 of Part B of Form N -l A the following formula; Effective yield—»{Base (§ § 239.15A and 274.11A) to read as Period Return-fl) 365/7—1. 6. For purposes of calculating the yield Part I. Information Required in Prospectus or follows: Registration Statement quotation required in subsection (c) above, * * * * * § 239.15A Form N-1 A, registration ■funds that choose to make such an election Item 17. Yield Quotations of Money Market statement of open-end management on an annual basis may use a median Funds (Prospectus Only) investment companies. account size in place of an average account (a) * * * size in determining the base period return. § 274.11A Form N-1 A, registration (i) A yield quotation based on the seven 7. The Registrant need not include in the statement of open-end management days ended on either {A) the date of the most prospectus the method of calculating the recent financial statements included in the investment companies. yield quotation described in Item 3(c), above. Nevertheless, the Registrant should include prospectus or (B) the last day of the most Part A. Information Required in a Prospectus recent month for which it is practicable both the method of calculating this yield figure in to make the required calculation and to the Statement of Additional Information in include the results in the prospectus, Item 3. Condensed Financial information response to Item 22. computed by determining the net change, (a) " * * Item 22. Calculations of Yield Quotations of exclusive of capital changes, in the value of a (b) * * * Money Market Funds hypothetical pre-existing account having a (c) For a registrant which holds itself out to ***** balance of one share at the beginning of the be a “money market" fund or has an period, dividing the net change in account investment policy calling for investment of at Instructions value by the value of the account at the least 80% of its assets in debt securities beginning of the base period to obtain the maturing in thirteen months or less, furnish; 1 . * * * base period return, and multiplying the base (1) A yield quotation based on the seven days (i) * * * period return by (365/7) with the resulting ended on either (A) die date of the most (ii) All fees, other than nonrecurring yield figure carried to at least the nearest recent financial statements included in the account or sales charges, that are charged to hundredth of one percent; and prospectus or (B) the last day of the most all shareholder accounts in proportion to the ( H ) * * * recent month for which it is practicable both length of the base period and the fund's (b) For purposes of the calculation required to make the required calculation and to average account size. in subsection (a), above the determination of include the results in the prospectus, 2. Money market funds that charge net change in aocount value must reflect: computed by determining the net change, nonrecurring account or sales fees must (i) The value of additional shares exclusive of capital changes, in the value of a disclose the amount or specific rate of such purchased with dividends from the original hypothetical pre-existing account having a fees in their prospectus. share, and dividends declared on both the balance of one share at the beginning of the 3. The capital changes to be excluded from original share and any such additional period, dividing the net change in account the calculation of yield required by this Item shares; and value by the value of the account at the are realized gains and losses from the sale of Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations 55727

securities and unrealized appreciation and E xa m ple— Continued FOR FURTHER INFORMATION CONTACT: depreciation. Blonde!! Anderson, Bureau of Foods 4. For purposes of calculating the yield (HFF-334), Food and Drug quotation required by this item, funds that Base period return: (adjusted change/ Administration, 200 C St. SW., choose to make such an election on an beginning account value) $0.001804320/$1.000000000 ...... 0.001804320 Washington, D.C. 20204, 202-472-5740. annual basis may use a median account size in place of an average account size in Current yield=0.001804320 x (365/7) 9.41% SUPPLEMENTARY INFORMATION: In a Effective yieid=(1 +0.001804320 x( determining the base period return. ■365/7— 1 ------9.86% notice published in the Federal Register of June 17,1983 (48 FR 27836), FDA Summary of the Final Regulatory 1 This value would include the value of any additional announced that a food additive petition Flexibility Analysis shares purchased with dividends from the original share, and all dividends declared on both the original share and any (FAP 3A3718) had been filed by Witco such additional shares. The Commission has prepared a Final Chemical Corp., 520 Madison Ave., New Regulatory Flexibility Analysis in [FR Doc. 83-33295 Filed 12-14-83; 8:45 am j York, NY 10022, proposing that the food accordance with 5 U.S.C. 604 regarding BILLING CODE 8C10-01-M additive regulations be amended to the amendments to rule 482, Forms N -l provide for the use of white mineral oil and N-1A permanently adopted herein. U.S.P. as a dust suppressant on The analysis notes that the amendments DEPARTMENT OF THE TREASURY commodity grain. permit registered investment companies FDA had evaluated the data In the to mail advertisements directly to Customs Service petition and other relevant material and concludes that the proposed food prospective investors and permit money 19 CFR Part 177 market funds to advertise effective yield additive is safe and the regulations quotations comparable to the compound [T.D. 83-263] should be amended as set forth below. yields advertised by depository In accordance with § 171.1(h) (21 CFR institutions. The amendments have been Change of Practice Relating to the 171.1(h)), the petition and the documents permanently adopted in order to provide Tariff Classification of Garments With that FDA considered and relied upon in prospective investors with sufficient Simulated Features reaching its decision to approve the information to make an informed choice Correction petition are available for inspection at concerning the various investment the Bureau of Foods (address above) by alternatives available. In FR Doc. 83-32806, beginning on appointment with the information A copy of the Final Regulatory page 55281 in the issue of Monday, contact person listed above. As Flexibility Analysis may be obtained by December 12,1983, make the following provided in 21 CFR 171.1(h)(2), the contacting Larry L. Greene, Esq., Office correction: agency will delete from the documents of Disclosure Legal Services, Securities On page 55281, third column, in the any materials that are not available for and Exchange Commission, Room 5135, eighth line of the “ SUMMARY” public disclosure before making the 450 Fifth Street, NW., Washington, D.C. paragraph,“not” should have read documents available for inspection. 20549. “now”. The agency has carefully considered BILLING CODE 1505-01-M the potential environmental effects of Statutory Authority this action and has concluded that the These amendments are being adopted action will not have a significant impact pursuant to sections 10 and 19(2) of the DEPARTMENT OF HEALTH AND on the human environment and that an 1933 Act [15 U.S.C. 77j and 77s(a)J and HUMAN SERVICES environmental impact statement is not section 38(a) of the 1940 Act [15 U.S.C. required. The agency’s finding of no 80a-37(a)]. Food and Drug Administration significant impact and the evidence supporting that finding may be seen in By the Commission. 21 CFR Part 172 the Dockets Management Branch George A. Fitzsimmons, [Docket No. 83F-0168] (address above), between 9 a.m. and 4 Secretary. p.m., Monday through Friday. December 7,1983. Food Additives Permitted for Direct List of Subjects in 21 CFR Part 172 Appendix Addition to Food for Human Consumption; White Mineral Oil U.S.P. Food additives; Food preservatives; Spices and flavoring. Example a g e n c y : Food and Drug Administration. Therefore, under the Federal Food, a c t i o n : Final rule. Drug, and Cosmetic Act (secs. 201(s), Assumptions; 409, 72 Stat. 1784-1788 as amended (21 s u m m a r y : The Food and Drug Value of a hypothetical pre-existing ac­ U.S.C. 321(s), 348)) and under authority count with exactly one share at the Administration (FDA) is amending thè delegated to the Commissioner of Food beginning of the period______$1.000000000 food additive regulations to provide for Value of the same account1 (excluding and Drugs (21 CFR 5.10) and redelegated capital changes) at the end of the the safe use of white mineral oil U.S.P. to the Bureau of Foods (21 CFR 5.61), seven day period...... $1.001919388 as a dust suppressant on commodity Monthly account charge for each ac­ § 172.878 is amended in paragraph (c) by grain. This action responds to a petition count...... $5.00 revising item 15 to read as follows: Average account size (shares)...... 10,000 filed by Witco Chemical Corp. Calculation: Ending account value....______$1.001919388 DATES: Effective December 15,1983; PART 172— FOOD ADDITIVES Less beginning account value...... 1.000000000 objections by January 16,1984. PERMITTED FOR DIRECT ADDITION Net change in account value...... $0.001919388 ADDRESS: Written objections may be TO FOOD FOR HUMAN CONSUMPTION Annual account charge: $ 5 .0 0 x 1 2 ...... $60.00 sent to the Dockets Management Branch Less seven days proportional charge § 172.878 White mineral oil. per share based on average account (HFA-305), Food and Drug ***** size: $60x(7/365)/10,000 shares.____ 0.000115068 Administration, Rm. 4-62, 5600 Fishers Adjusted change In account vÿlue ...... 0.001804320 Lane, Rockville, MD 20857. {c\ * * * 55728 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations

Limitation (inclusive of all FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE TREASURY .. . petroleum hydrocarbons that use may be used in combination David L. Gordon, Bureau of Veterinary with white mineral oil) Medicine (HFV-238), Food and Drug Internal Revenue Service Administration, 5600 Fishers Lane, 26 CFR Parts 1 and 31 15. As a dust control agent Applied at a level of no more Rockville, MD 20857, 301-443-6243. for wheat, com, soybean, than 0.02 percent by barley, rice, rye, oats, and weight of grain, SUPPLEMENTARY INFORMATION: Fisons, [T.D. 7919] sorghum. pic, Pharmaceutical Division, 12 Derby Rd., Loughborough, Leicestershire LEll Employment and Income Taxes; OBB, England, has informed FDA of a Information From Recipients of Any person who will be adversely Gambling Winnings affected by the foregoing regulation may change of sponsor for NADA 99-667 at any time on or before January 16, (Iron Dextran Complex Injection) from Correction 1984, submit to the Dockets Management Fisons Corp., Bedford, MA 01730. In FR Doc. 83-27691 beginning on page Branch (address above) written ^ This is ah administrative change that 46296 of. the issue of Wednesday, objections thereto and may make a does not in any other way affect the October 12,1983, make the following written request for a public hearing on approval of the firm’s NADA. The corrections: the stated objections. Each objection agency is amending the regulations to 1. On page 46297, middle column, shall be separately numbered and each reflect the change. numbered objection shall specify with tenth line, “i.e.” should read “e.g.”. particularity the provision of the List of Subjects 2. On the same page, same column, the next to last line of the first complete regulation to which objection is made. 21 CFR Part 510 Each numbered objection on which a paragraph, the word “and” should read hearing is requested shall specifically so Administrative practice and “an”. state; failure to request a hearing for any procedure, Animal drugs; Labeling, 3. On page 46298, middle column in particular objection shall constitute a Reporting requirements. § 31.3402(q)-l (d), the fifth line of Exam ple 3, the word “tickest” should waiver of the right to a hearing on that 21 CFR Part 522 objection. Each numbered objection for read “tickets”. which a hearing is requested shall Animal drugs, injectable. 4. On the same page, same column, in the second line of § 31.3402(q)-l include a detailed description and Therefore, under the Federal Food, (f)(l)(vi), the date should read analysis of the specific factual Drug, and Cosmetic Act (sec. 512(i), 82 “November 14,1983”. information intended to be presented in Stat. 347 (21 U.S.C. 360b(i))) and under support of the objection in the event that authority delegated to the Commissioner BILUNG CODE 1505-01-M a hearing is held; failure to include such of Food and Drugs (21 CFR 5.10) and a description and analysis for any redelegated to the Bureau of Veterinary particular objection shall constitute a Medicine (21 CFR 5.83), Parts 510 and DEPARTMENT OF DEFENSE waiver of the right to a hearing on the 522 are amended as follows: objection. Three copies of all documents Office of the Secretary shall be submitted and shall be PART 510— NEW ANIMAL DRUGS identified with the docket number found 32 CFR Part 166 § 510.600 [Amended] in brackets in the heading of this Defense Contracting; Reporting regulation. Received objections may be In Part 510, § 510.600 N am es, Procedures on Defense Related seen in the office above between 9 a.m. addresses, and drug labeler codes of Employment and 4 p.m., Monday through Friday. sponsors of approved applications is Effective date. This regulation is amended in paragraph (c)(1) by a g e n c y : Office of the Secretary of effective December 15,1983. removing the entry for “Fisons Corp.” Defense, Department of Defense. (Secs. 201 (s), 409, 72 Stat. 1784-1788 as and in paragraph (c)(2) by removing the ACTION: Amendment of final rule. amended (21 U.S.C. 321(s), 348).) entry for "000585.” Dated: December 6,1983. s u m m a r y : This rule is the fiscal year Sanford A. Miller, PART 522— IMPLANTATION OR 1983 update of the section listing DOD Director, Bureau of Foods. INJECTABLE DOSAGE FORM NEW contractors receiving negotiated contract awards of $10 million or more. Doc. ANIMAL DRUGS NOT SUBJECT TO |FR 83-33299 Filed 12-14-83; 8:45 am) The regulation is published to comply BILUNG CODE 4160-01-M CERTIFICATION with the provisions of Section 410, Pub. §522.1182 [Amended] L. 91-121, November 19,1969. 21 CFR Parts 510 and 522 In Part 522, § 522.1182 Iron dextran EFFECTIVE DATE: September 30,1983. complex injection is amended in FOR FURTHER INFORMATION CONTACT: Animal Drugs, Feeds, and Related paragraph (b)(3) by changing the phrase Mrs. Cynthia V. Springer, Office of the Products; Change of Sponsor “Nos. 000585 and 000845” to read “Nos. Director for Information Operations and 000845 and 012525.” Reports, Washington Headquarters a g e n c y : Food and Drug Administration. Services, The Pentagon, Washington, DC a c t i o n : Final rule. Effective date. December 15,1983. 20301. Telephone (202) 694-5614. (Sec. 512(i), 82 Stat. 347 (21 U.S.C. 360b(i))) s u m m a r y : The Food and Drug SUPPLEMENTARY INFORMATION: In FR Dated: December 9,1983. Administration (FDA) is amending the Doc. 70-15846 appearing in the Federal animal drug regulations to reflect a Max L. Crandall, Register on November 25,1970 (35 FR change of sponsor for iron dextran Associate Director for Surveillance and 18040), the Office of the Secretary of complex injection from Fisons Corp. to Compliance. Defense published a final rule Fisons, pic. [FR Doc. 83-33298 Filed 12-14-83; 8:45 am) establishing criteria, prescribing EFFECTIVE DATE: December 15,1983. BILLING CODE 4160-01-M procedures, and assigning Federal Register / Vol. 48, No, 242 / Thursday, December 15, 1983 / Rules and Regulations 55729 responsibilities for monitoring Ashland Oil, Inc. Cities Service Co. contracting within the Department of Atlanta Gas Light Co. Cleveland Pneumatic Co. Defense. Subsequently, paragraphs (a) Atlantic Marine, Inc. Coastal Dry Dock Repair and (d) of § 166.11, which constitute the Atlantic Research Corp. Coastal States Marketing, Inc. list of DOD contractors receiving Atlantic Richfield Co. Coca-Cola Co., The Atlas Processing Co. negotiated contract awards for $10 Colt Industries, Inc. Austin Co. Colt Industries Operating Corp. million or more, were updated for fiscal Auto Specialties Mfg. Co. years 1971 (36 F R 18464); 1972 (37 FR Communications Satellite Corp. Automation Industries, Inc. Comptek Research, Inc. 18727); 1973 (38 FR 25990); 1974 (39 FR Avco Corp. Computer Sciences Corp. 32985); 1975 (40 FR 44135); 1976 (41 FR Avco Everett Research Laboratory Computervision Corp. 20466); 1977 (43 FR 1617); 1978 (44 FR Aviation Contractor Employees, Inc. Condec Corp. Avondale Shipyards, Inc. 3049); 1979 (44 FR 75631); 1980 (45 FR Conoco, Inc. Aydin Corp. 83486); 1981 (46 FR 60821); and 1982 (47 Conrac Corp. Ayer N W ABH International, Inc. FR 56847). Contel Information Systems, Inc. Ayerst Laboratories Control Data Corp. B D M Corp. List of Subjects in 32 CFR Part 166 Copano Refining Co. B E I Electronics, Inc. Armed forces, Government B M I Mechanical, Inc. Coral Petroleum, Ltd. Corsair, Inc. employees, Government procurement, B R Communications Information requirements. Ball Corp. Craig Systems Corp. Baltimore Gas & Electric Co. Crane Co. PART 166—[AMENDED] Bates Ted & Co., Inc. Cubic Corp. Bath Iron Works Corp. Cummins Engine Co., Inc. Accordingly, for F Y 1983, § 166.11 of Batteast Construction Co., Inc. Curtiss Wright Corp. this part is revised to read as follows: Battelle Memorial Institute Dahlstrom & Ferrell Construction Beacon Oil Co. Danac, Inc. § 166.11 Department of Defense Bechtel National, Inc. Data Design Laboratories contractors receiving negotiated contract Beech Aerospace Services, Inc. Dataproducts New England, Inc. awards of $10 million or more. Beech Aircraft Corp. Day & Zimmerman, Inc. Fiscal Year 1983: Belcher Oil Co. Day & Zimmerman, Inc. & Basil FE JV A & S Tribal Industries Bell & Howell Co. Dayton, University of A A I Corp. Bendix Corp. De Narde Construction Co. A A R Corp. Bendix Field Engineering Corp. Del Mfg. Co. A C S Construction Co. Blue Cross Washington Alaska, Inc. Del Monte Corp. A M General Corp. Boeing Co. Delta Refining Co. Abex Corp. Boeing Computer Services, Inc. Devils Lake Sioux Mfg. Corp. Action Mfg. Co. Boeing Services International, Inc. Diagnostic Retrieval Systems, Inc. Actus Corp. Boeing Vertol Co. Digital Communications Corp. Advanced Technology, Inc. Bolt Beranek & Newman, Inc. Digital Equipment Corp. Aero Corp. Booz Allen & Hamilton, Inc. Dynalectron Corp. Aerofab Co., Inc. Borg Warner Corp. Dynamics Research Corp. Aerojet Electra Systems Co. Braswell Shipyards, Inc. E D S Federal Corp. Aerojet General Corp. Brunswick Corp. E G & G, Inc. Aerojet Liquid Rocket Co. Bulova Systems ft Instruments Corp. E G &G Washington Analytical Services Aerojet Ordnance & Mfg. Co. Burns & Roe, Inc. Qenter Aerojet Strategic Propulsion Co. Burnside Ott Aviation Training Center E S L, Inc. Aerojet Tactical Systems Co. Burroughs Corp. E Systems, Inc. Aerospace Corp. Butt & Head, Inc. Eagle Bob Tail Tractors, Inc. Alabama Power Co. C F E Air Cargo, Inc. East Wind Industries, Inc. Alascom, Inc. C P I Refining, Inc. Eastman Kodak Co. Aleutian Constructors C Three, Inc. Eaton Corp. Alliance Properties, Inc. CACI, Inc. Federal Edo Corp. Allied Corp. California Microwave, Inc. * Educational Computer Corp. American Airlines, Inc. California, University of El Paso Electric'Co. American Automar, Inc. Calspan Corp. Electronic Warfare Associates American Coastal Line JV, Inc. Caltex Oil Products Co. Electrospace Systems, Inc. American Development Corp. Camel Mfg. Co. Emco., Inc. American Electronic Laboratories, Inc. Campbell Soup Co. Emerson Electric Co. American Energy Industries, Inc. Carnegie Mellon University Engineered Air Systems, Inc. American Home Products Corp. Carob Contractors, Inc. Engineering Research, Inc. American President Lines, Ltd. Carolina Power & Light Co. Enserch Corp. American Telephone & Telegraph Co. Case J I Co. Enviro Control, Inc. Amertex Enterprises, Inc. Caterpillar Tractor Co. Epic One Corp. Amex Systems, Inc. Central Gulf Lines, Inc. Essex Corp. Amoco Oil Co. Cerberonics, Inc. Ex Cell O Corp. Ampex Corp. Chamberlain Mfg. Corp. Exxon Co. U.S.A. Amron Corp. Charles Stark Draper Laboratories, Inc. Exxon Corp. Analysis & Technology, Inc. Chesapeake & Potomac Telephone Co. F M C Corp. Analytic Sciences Corp. Chesapeake & Potomac Telephone Co. of F N Mfg., Inc. Apex International Mgt. Services, Inc. Va. Fairchild Camera & Instrument Corp. Arco Petroleum Co. Chevron USA, Inc. Fairchild Industries, Inc. Argo Systems, Inc. Chromalloy American Corp. Fairchild Weston Systems, Inc. Arinc Research Corp. Chrysler Corp. Arkla, Inc. Falcon Systems, Inc. Cibro Sales Corp. Farrell Lines, Inc. Arrow Airways, Inc. Cincinnati Electronics Corp. Fedcon Corp. 55730 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations

Federal Cartridge Corp. Industrial Fuel & Asphalt of Indiana McLaughlin Research Corp. Federal Data Corp. Ingersoll Rand Co. McMullan Robert & Son, Inc. Federal Electric Corp. Institute for Defense Analysis McMullen John J Associates, Inc. Felec Services, Inc. Intercontinental Mfg. Co. Menasco, Inc. Figgie International, Inc. Intermetrics, Inc. Merck & Co., Inc. Florida Power & Light Co. International Business Machines Co. Metro Machine Corp. Ford Aerospace & Communications International Fueling Co., Inc. Microwave Associates, Inc. Fuller Oil Co. International Signal & Control Corp. Midland Ross Corp. G T E Products Corp. Interstate Electrics Corp. Mine Safety Appliances Co. Garrett Corp. Itek Corp. Mitre Corp. Garrett Pneumatics Co. J W T Group, Inc. Mobil Oil Corp. Gatoil USA, Inc. Jackson Oil Co. Moore McCormack Bulk Transport, Inc. General Atronics Corp. Jacksonville Shipyards, Inc. Morton Thiokol, Inc. General Defense Corp. Jaycor Motorola, Inc. General Dynamics Corp. Jersey Central Power & Light Co. Mountain States Tel & Tel Co. General Electric Co. Johns Hopikins University N B B J Group, The General Foods Corp. Jowett, Inc. Nabisco Brands, Inc. General Instrument Corp. K D I Precision Products, Inc. National Academy of Sciences General Mills, Inc. K P Services Co. National Steel & Shipbuilding Co. General Motors Corp. Kaiser Aerospace & Electronics Co. Navajo Refining Co. General Research Corp. Kaiser, Raymond E. New Mexico State University General Signal Corp. Kaman Aerospace Corp. New Mexico, University of General Texas Corp. Kaman Corp. New York Telephone Co. Gentex Corp. Kaman Sciences Corp. Newhall Refining Co., Inc. George Engine Co., Inc. Kansas Power & Light Co., Inc. Newport News Shipbuilding & Dry Dock Georgia Technical Research Institute Kay & Associates, Inc. Co. Getty Refining & Marketing Co. Kentron International, Inc. NI Industries Gibraltar Industries, Inc. Key Airlines Norden Systems, Inc. Gladieux Refinery, Inc. King Service, Inc. Norfolk Shipbuilding & Dry Dock Corp. Global Associates Kisco Co., Inc. North Atlantic Industries, Ind. Golden Eagle Oil Refinery, Inc. Kollmorgen Corp. North Pole Refining Co. Goodrich B F Co. Kovatch Corp. Northern Telecom Systems Corp. Kraft, Inc. Goodyear Aerospace Corp. Northrop Corp. Goodyear Tire & Rubber Co. Lake County, College of Northrop Worldwide Aircraft Services, Inc. Landaw, H & Co. Gould, Inc. Northwest Airlines, Inc. Lanson Industries, Inc. Graham John Co./Sherlock, Smith & Adams Nuclear Metals, Inc. Grey Advertising, Inc. Lear Siegler, Inc. O R I, Inc. Libby Welding Co. Grumman Aerospace Corp. Ocean Bulk Ships, Inc. Lilly David B., Co., Inc. Guam Oil & Refining Co., Inc. Ocean Carriers, Inc. Linkabit Corp. Gulf Oil Corp. Ocean Freedom Shipping, Inc. Gulf Power Co. Little Arthur D., Inc. Ocean Spirit Shipping, Inc. Litton Industries, Inc. Gulf States Oil & Refining Co. Ocean Star Shipping, Inc. Gulf Tex Resources, Inc. Litton Systems, Inc. Ocean Technology, Inc. H R B Singef. Inc. Lockheed Corp. Ocean Triumph Shipping, Inc. Hamilton Technology, Inc. Lockheed Electronics Co., Inc. Oklahoma Refining Co. Hanson, R. A. Co., Inc. Lockheed Missiles & Space Co., Inc. Olin Corp. Harley Davidson York, Inc. Lockheed Shipbuilding & Construction Optic Electronic Corp. Harris Corp. Loggins Meat Co. Oshkosh Truck Corp. Harsco Corp. Logicon, Inc. P R C Guralnick, Inc. Hawaiian Electric Co., Ltd. Loral Corp. Paccar, Inc. Hawaiian Independent Refinery, Inc. Louisville Gas & Electric Co., Inc. Hawaiian Telephone Co. Lucas Industries North America, Inc. Pacific Construction Co. Hayes International Corp. Lykes Bros. Steamship Co., Inc. Pacific Telephone & Telegraph Co. Pan American World Airways, Inc. Hazeltine Corp. M & T Co. Heckethom Mfg. Co. Maersk Line, Ltd. Pan American World Services, Inc. Hercules, Inc. Magnavox Advanced Products & Systems Parker Hannifin Corp. Hess Oil Virgin Island Corp. Co. Parsons, Ralph M., Co., Inc. Hewlett Packard Co. Magnavox Co. Penn Metal Fabricators, Inc. Hoboken Shipyards, Inc. Magnavox Government & Industrial State University - Hollingsworth, John R. Co. Electronics Co. Perine Corp. Holston Defense Corp. Management & Technical Services Co. Perkin Elmer Corp. Honeywell, Inc. Mantech International Corp. Philip Morris, Inc. Honeywell Information Systems, Inc. Maremont Corp. Phillips Petroleum Co. Howell Hydrocarbons, Inc. Marine Transport Lines, Inc. Physics International Co. Hughes Aircraft Co. Marinette Marine Corp. Pioneer Refining Co. Hughes Communication Services Marquardt Co. Planning Research Corp. Hughes Helicopters, Inc. Martin Marietta Aluminum Sales, Inc. Platt Mfg. Corp. Hycor, Inc. Martin Marietta Corp. Pneumo Corp. I C I Americas, Inc. Maryland, University of Poloron Products, Inc. IT T & Westinghouse JV Mason & Hanger Silas Mason Co. Powerine Oil Co. IT T Corp. Mason Chamberlain, Inc. Prestex, Inc. IT T Electro Optic Products Massachusetts Institute of Technology Pride Refining, Inc. IT T Gilfillan, Inc. Maxwell Laboratories, Inc. Proctor & Gamble Distributing Co. Illinois Institute of Technology Mayer Oscar & Co., Inc. Propper International, Inc. Illinois, University of Inco, Inc. McDonnell Douglas Corp. Public Service Co. of New Mexico Industrial Design Laboratory McGraw Edison Co. Puerto Rico Sun Oil Company Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations 55731

Q E D, Inc. Sundstrand Corp. Washington, University of Quanta Systems Corp. Sundstrand Data Control, Inc. Watercraft America, Inc. R & D Associates Support Systems Associates, Inc. Waterman Steamship Corp. R C A Corp. Supreme Beef Co., Inc. Watkins Johnson Co. R C A Global Communications, Inc. Survival Technology Corp. Welbilt Electronic Die Corp. Rand Corp. Sverdrup Technology, Inc. Western Electric Co., Inc. Raymond Kaiser Engineering, Kaiser Steel Swedlow, Inc. Western Gear Corp. Corp. JV Swift & Co. Western Union International, Inc. Raytheon Co. Syscon Corp. Western Union Systems Raytheon Service Co. System Development Corp. Western Union Telegraph Co. Recon Optical, Inc. System Planning Corp. Westinghouse Electric Corp. Rediffusion Simulation, Ltd. Systematics General Corp. Wheatley Associates Reelfoot Packing Co. Systems & Applied Sciences Corp. White Consolidated Industries, Inc. Reflectone, Inc. Systems Consultants, Inc. White Engines, Inc. Rehab Group, Inc. Systems Management American, Inc. Whittaker Corp. Rei, Inc. Systems Research Laboratories, Inc. Williams International Corp. Remington Arms Co. T A D Communications Co. Wjnfield Mfg. Co. Inc. Reynolds Metals Co. T R W Colorado Electronics, Inc. Winston Refining Co. Reynolds, R J, Tobacco Co. TRW, Inc. Wisconsin Physicians Service Right Away Foods Corp. T S C Corp. World Airways, Inc. Roberts Construction Co. T W Oil (Houston), Inc. X Tyal International Rochester, University of Talley Industries, Inc. Xerox Corp. Rockwell International Corp. Technology Development Corp. Xerox Electro Optical Systems, Inc. Rohr Industries, Inc. Technology Service Corp. Youngdale J R Construction Co., Inc. Rosenblatt M. Son, Inc. Tektronix, Inc. Zantop International Airlines, Inc. S D C Integrated Service, Inc. Teledyne Brown Engineering S R I International Teledyne C A E Dated: December 12,1983. San Diego Iron & Steel Fabricating Teledyne Continental Motors M. S. Healy, San Francisco Welding & Steel Fabricating Teledyne Electronics OSD Federal Register Liaison Officer, Sanders Associates, Inc. Teledyne, Inc. Department of Defense. Santa Barbara Research Center Teledyne Industries, Inc. [FR Doc. 83-33356 Filed 12-14-83; 8:45 am] Sargent Fletcher Co. Teledyne M E C BILLING CODE 3810-01-M Science Applications, Inc. Teledyne Oil Co. Scientific Atlanta, Inc. Teledyne Corp. Sea Land Service, Inc. Tennier Industries, Inc. Selby John R., Inc. Tetra Tech, Inc. DEPARTMENT OF TRANSPORTATION Selma Apparel Corp. Texaco, Inc. Shaw Food Services Co. Texas Capital Contractors, Inc. Coast Guard Shell OU Co. Texas Instruments, Inc. Shelter Globe Corp. Texas Painter Craft, Inc. 33 CFR Part 117 Shaols American Industries, Inc. Texas Power & Light Co. Sierra Research Corp. Texas, University of [CGD3 83-037J Simmonds Precision Products Textron, Inc. Simplex Wire & Cable Co. Tierney Mfg. Co. Drawbridge Operation Regulations; Singer Co. Tiger International, Inc. Harlem River, New York Slayen, M. & Associates, Inc. Todd Shipyards Corp. Smith Kline Clinical Laboratories Tonkawa Refining Co. AGENCY: Coast Guard, DOT. Smith L H Oil Corp. Tracor, Inc. Softech, Inc. Tracor Marine, Inc. a c t i o n : Final rule. Solar Turbines International Trans International Airlines, Inc. Sonicraft, Inc. Transameirica Delaval, Inc. s u m m a r y : At, the request of Triborough South Carolina Electric & Gas Treadwell Corp. Bridge and Tunnel Authority, the Coast South Central Bell Telephone Co. Triad Co., The Guard is changing the regulations Southern Bell Telephone & Telegraph Trinidad Corp. governing the Triborough Bridge across Southern California Edison Co. Triple A Machine Shop the Harlem River between Harlem and Southern California, University of Turtle Mountain Mfg. Co. Wards Island by requiring that at least Southern Packaging & Storage Co. U R S Berger four hours advance notice be given for Southern Union Gas Co. U T L Corp. Southern Union Refining Co. Ultrasystems, Inc. openings between 10 a.m. and 5 p.m. Southwest Marine, Ipc. Unidynamics'St. Louis, Inc. The draw need not open for commercial Southwest Research Institute Unified Industries, Inc. and recreational traffic at any other Southwest Truck Body Co. Union Carbide Corp. times. This change is being made Southwestern Bell Telephone Union Oil Co. of California because of minimal requests to open the Sparton Corp. i Uniroyal, Inc. draw. This action will relieve the bridge Spears Associates, Inc. United States Lines Co. owner of the burden of having a person Sperry Corp. United Techologies Corp. constantly available to open the draw Standard Container Co. V S E Corp. and will still provide for the reasonable Standard Mfg. Co.; Valero Transmission Co. Stanford University Valmac Industries, Inc. needs of navigation. Steams Roger, Inc. Vanguard Oil & Service Co. EFFECTIVE DATE: This rule becomes Steuart Petroleum Co. Varian Associates effective on January 16,1984. Stevens Oil Co. Varo, Inc. Stewart Warner Corp. Veda, Inc. FOR FURTHER INFORMATION CONTACT: Summa Corp. Vought Corp. William C. Heming, Bridge Sun Chemical Corp. Wang Laboratories, Inc. Administrator, Third Coast Guard Sun Refining & Marketing Co. Wardoco, Inc. District (212) 668-7994. 55732 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations

SUPPLEMENTARY INFORMATION: On PART 117— DRAWBRIDGE Drafting Information September 1,1983, the Coast Guard OPERATION REGULATIONS The principal persons involved in the published a proposed rule (48 FR 39646) § 117.160 Harlem River, N.Y.; bridges. drafting of this regulation are Mr. Bill concerning this amendment. The ***** Flahart, Project Officer, c/o Commander Commander, Third Coast Guard District, (obr), and Lieutenant Terrence A. (i) The draw of the Triborough Bridge also published this proposal as a Public Councilor, Project Attorney, c/o and Tunnel Authority bridge, mile 1.3 at Notice dated September 15,1983. In Commander (dl), Second Coast Guard shall open on signal from 10 each notice interested persons were District; 1430 Olive Street, St. Louis, a;m. to 5 p.m. if at least four hours notice given until October 17,1983 to submit Missouri 63103. is given. The draw need not open at any comments. other time except it shall be opened as Discussion of Regulation soon as possible for passage of a public Drafting Information This safety zone was established by vessel of the United States. The drafters of this rule are Ernest J. * * * * * the Captain of the Port, St. Louis, Feemster, project manager, and Mary Missouri pursuant to 33 U.S.C. Section (33 U.S.C 499; 49 U.S.C. 1655(g)(2); 49 CFR 1223 and 33 CFR Part 165, on December Ann Arisman, project attorney. 1.46(c)(5); 33 CFR 1.05-l(gj(3)). Dated: December 7,1983. 7,1983 for the purpose of protecting life Discussion of Comments and property during the removal and W. E. Caldwell, floating out of the vertical lift span of Only one comment (on the public Vice Admiral U.S. Coast Guard, Commander, the Margaret Street Highway Draw Third Coast Guard District. notice) was received and it had no Bridge. objections to the proposed regulations. FR Doc. 83-33349 Filed 12-14-83; 6:45 am] A notice of proposed rule making has BILUNG CODE 4910-14-M The bridge rarely is required to open not been published for these regulations. due to its 54 foot minimum, vertical They are published as a final rule since clearance while closed, so requirement 33 CFR Part 165 there waSrinsufficient time to publish a to give four hours notice should have notice of proposed rule making prior to minimal effect on bridge and marine [CGD2-83-03] the date of the removal and floating out operations. No changes are made to the of the subject vertical lift span and the proposed rule in this final rule. No draft Safety Zone; Illinois Waterway, Mile regulations are needed in order to 152.4 to Mile 153.4 or final economic evaluation has been protect life and property. prepared because of minimal economic a g e n c y : Coast Guard, DOT. These regulations have been reviewed impact. This is true because any a c t i o n : Final rule. under the provisions of Executive Order mariners requiring an opening will be 12291 and have been determined not to accommodated with minimal SUMMARY: This amendment to the Coast be a major rule. In addition, these inconvenience; Guard’s Safety Zone Regulations regulations are considered to be establishes the portion of the Illinois nonsignificant in accordance with Economic Assessment and Certification Waterway from Mile 152.4 to Mile 153.4 guidelines set out in the Policies and These final regulations have been as a safety zone. This action is taken to Procedures for Simplification, Analysis, reviewed under the provisions of allow the removal and floating out of the and Review of Regulations (DOT Order Executive Order 12291 and have been vertical lift span of the Margaret Street 2100.5 of 5-22-80). An economic determined not to be major rules. They Highway Draw Bridge in Pekin, Illinois evaluation has not been conducted are considered to be nonsignificant in at Mile 152.9, Illinois Waterway. Certain since, for the reasons discussed above, accordance with guidelines set out in safety precautions are required to its impact is expected to be minimal. In the Policies and Procedures for reduce and mitigate the possibility of accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.), it is Simplification, Analysis, and Review of human injury or death, as well as the also certified that these rules will not Regulations (DOT Order 2100.5 of 22 possibility of damage to, or loss of property, and to protect the marine have a significant economic impact on a May 1980). As explained above, an environment. This safety zone, with its substantial number of small entities. economic evaluation has not been special regulations, is intended to meet This rule is necessary to insure the conducted since its impact is expected these requirements by placing protection of life and property in the to be minimal. In accordance with restrictions on all persons and vessels area during the event. section 605(b) of the Regulatory navigating the affected portion of the List of Subjects in 33 CFR Part 165 Flexibility Act (5 U.S.C. 605(b)), it is also Illinois Waterway. The effect of this certified that these rules will not have a regulation is that no person or vessel Harbors, Marine safety, Navigation significant economic impact on a may enter or transit the Safety Zone (water), Security measures, Vessels, substantial number of small entities. without the permission of the Captain of Waterways. This is because no small entities will be the Port, St. Louis, MO. Regulation affected. EFFECTIVE DATE: This amendment In consideration of the foregoing, Part List of Subjects in 33 CFR Part 117 becomes effective at 7:00 a.m. (CST) on December 21,1983 and will remain in 165 of Title 33, Code of Federal Bridges. effect until 3:00 p.m. (CST) on December Regulations, is amended by adding § 165.T0203 as follows: Regulations 23,1983.. FOR FURTHER INFORMATION CONTACT: PART 165— [AMENDED) In consideration of the foregoing, Part Mr. Bill Flahart, c/o Commander (obr), 117 of Title 33, Code of Federal Second Coast Guard District, 1430 Olive § 165.T0203 Illinois Waterway, Mile 152.4 Regulations, is amended by adding a Street, St. Louis, Missouri, 63103, to Mile 153.4. new paragraph (i) to § 117.160 to read as Telephone (314) 425-4607. (a) S a fety Zon e: All the waters of the follows: SUPPLEMENTARY INFORMATION: Illinois Waterway from Mile 152.4 to Federal Register / Vol. 48, Nth_242 / Thursday, December 15, 1983 / Rules and Regulations 55733

Mile 153.4, including that under the SUPPLEMENTARY INFORMATION: The having to prove that there are no Margaret Street Highway Draw Bridge Coast Guard published a notice of remaining accumulations. at Mile 152.9, are established as a Safety proposed rulemaking in the Federal Zone. The same commenter states that the Register on September 23,1982 (47 FR fact that the industry complies with the (b) Regulations: No person or vessel „ 41993). A correction to the notice of requirement in § 183.420(f) to mark may enter or transit the Safety Zone proposed rulemaking was published on battery terminals is not a reason in itself without permission of the Captain of the November 4,1982 (47 FR 49983). to delete the requirement. The Coast Port, St. Louis, Missouri, or his Interested persons were invited to Guard disagrees. If all batteries have a representative. Coast Guard authority participate in this proposed rulemaking terminal that is marked with a positive may be contacted for instructions by by submitting relevant comments. All of symbol, there is no need for a regulation telephoning the Captain of the Port, St. the comments received were carefully which requires that the terminals be Louis, Missouri at (314) 425-4657. considered. The National Boating Safety marked. Authority: 33 U.S.C. 1223; 33 U.S.C. 1225; 33 Advisory Council was consulted and its U.S.C. 1231; 49 CFR 1.46(n){4), 33 CFR 165.3. opinions and advice have been Section 183.425 Conductors: General. Dated: December 9,1983. considered in the formulation of these One commenter states that the J. C. Card, amendments. The transcripts of the proceedings of the National Boating exceptions to the requirements for Commander, USCG, Captain of the Port, St. conductors should be limited to Louis, Missouri. Safety Advisory Council at which this proposed rule was discussed are electronic circuits with milliampere [FR Doc. 83-33348 Filed 12-14-83; 8:45 am) available for examination in Room 4304, levels, and the exception should be BILUNG CODE 4910-14-M U.S. Coast Guard Headquarters, 2100 \ limited to voltage and current Second Street, S.W., Washington, D.C. combinations that can qualify as being 33 CFR Part 183 The minutes of the meeting are available intrinsically safe. The Coast Guard from the Executive Director, National concludes that it is not introducing an [CGD 81-092] Boating Safety Advisory Council, c/o unreasonable hazard by allowing relief Commandant (G-BBS), U.S. Coast for electronic circuits up to one ampere Electrical and Fuel System Standards; Guard, Washington, D.C. 20593. levels because of the low energy Miscellaneous Amendments This document is in furtherance of involved. Limiting the exception to Executive Order No. 12291. It makes the electronic circuits with milliampere AGENCY: Coast Guard, DOT. Electrical and Fuel System regulations levels is too restrictive. Also, the Coast ACTION: Final rule. easier to understand, easier for a Guard considers the restriction of manufacturer to complly with, and circuits to those which are “intrinsically s u m m a r y : This rule amends the makes them more cost-beneficial, with a safe” unnecessary to achieve a Electrical and Fuel System Standards in minimal loss in the degree of safety reasonable level of safety. Subparts I and J of Part 183 that apply to assured by the regulations. The changes boats having gasoline powered engines eliminate provisions determined to be Section 183.445 Conductors: for propulsion or electrical generation. unnecessary because they are standard Protection. The Coast Guard undertook a review of industry practices. Other changes ease One commenter states that the Its regulations governing construction overly restrictive requirements that do deletion of § 183.445(a) which standards which apply to the not significantly contribute to boating established minimum distances between manufacture of recreational boats in an safety or clarify confusing language. supports is not justified because they effort to reduce the burden of existing are needed to complete the standard regulations, while insuring that an Drafting Information and are fundamental to a proper adequate level of safety is maintained. The principal persons involved in installation. The commenter requests the Based upon the review effort, the Coast drafting these amendments are Mr. source of the statement that fires have Guard and the National Boating Safety Alston Colihan, Project Manager, Office been related only to chafing, since he is Advisory Council (NBSAC) agreed, of Boating, Public, and Consumer not aware of any U.S. Coast Guard in- subject to a continued evaluation of how Affairs, and Lt. Mark Hanlon, Project depth accident studies. A lack of these changes affect boating safety, that Attorney, Office of the Chief Counsel. support for a conductor or an increase in unless a specific requirement Discussion of Comments the spacing between supports does not significantly contributed to boating lead directly to a fire or explosion. This safety, it would be eliminated. Comments received on the proposed is more a matter of appearance, Therefore, these amendments repeal and amendments, and the changes made, are workmanship and durability than a revise those unnecessary regulations to grouped according to the section to safety imperative. Accident reports from relieve the regulatory burden upon which they relate: recreational boat manufacturers. The boat owners are being used in lieu of in- Section 183.420 Batteries. depth investigations. change to § 183.460(a) is expected to increase the cost of compliance for some One commenter states that the Another commenter states that manufacturers who are not currently amendment to § 183.420(e), which § § 183.445 (a) and (b) should be complying with the voluntary standards. previously prohibited the accumulation retained. Without these regulations the of hydrogen gas discharged from a commenter believes that the wire will be e f f e c t iv e d a t e : June 11,1984. battery, is not justified, considering the pulled as tight as it can be hauled POR FURTHER INFORMATION CONTACT: hazard. However, the proposal is not subjecting already taut wires to further Mr. Alston Colihan, Office of Boating, being changed. The new rule explicitly stretching from the vessel’s hogging in a Public, and Consumer Affairs (G-BBS/ requires a means for venting but allows seaway. The commenter states that 43), U.S. Coast Guard Headquarters, for a more liberal approach. By loose or pulled connections will arc and Washington, D.C. 20593; (202) 426-4027, substituting the word, “venting,” the fire can result. The Coast Guard’s between 8 a.m. and 4 p.m. Monday manufacturer is permitted to provide a experience indicates that loose and through Friday, except holidays. means for discharging the gas without pulled connections usually interrupt the 55734 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations circuit without causing a fire or that the regulatory burden is not device gets its power from the positive explosion. increased. The voluntary standard is not terminal of the starter solenoid and that tantamount to a regulation. Regulations in some cases the battery cable from Section 183.450 Conductors: are mandatory; the ABYC standards are battery to starter is more than 72 inches. Termination. voluntary. The Coast Guard He considers it a safe installation. One commenter states that the recommends compliance with the Under the new rule a battery deletion of the eight requirements voluntary standards, but we do not disconnect switch is permitted involving wire connections is not require compliance. anywhere in the conductors from the justified. The commenter also questions Section 183.460 Overcurrent battery to the cranking motor or the rationale offered that poor protection: Special applications. distribution panel. If those conductors connections are acceptable because the are in the starter circuit, there is no circuits are fused or protected by a One commenter states that the Coast limitation on the distance from the circuit breaker, since, if this rationale is Guard should reassess the true benefit battery to the disconnect switch. Any accepted no requirements would be that will be derived from deletion of overcurrent protection device which needed on the load side of the fuse or each of the sections before proceeding may be connected to that circuit, would circuit breaker. with the final rule, and that since be evaluated on the basis of the length The requirements for conductor § 183.455(e) already makes an exception of the conductor between the point of terminations are not supported by for cranking motor circuits, this connection and the overcurrent accident data which would indicate that exception should also be included in the protection device. they significantly contribute to boating subject paragraph. The commenter also safety and therefore are considered suggests paraphrasing the requirements Section 183.510 Fuel Tanks. unnecessary regulations. * contained in American Boat and Yacht - One commenter suggested that the Another commenter states that wire Council Standard E-9, paragraph E-9.10 prior pressure test requirements for fuel nut or wire screw connectors are known (4/10/81) for inclusion in the proposed tanks under § 183.580 (a) and (b) be to be poor connections on electric wiring amendments. He indicates that there is retained with the option of substituting a on yachts, and if a connection is loose a need to allow the inclusion of a documented alternative test of there will be an arc. If there is an arc battery disconnect switch at an equivalent sensitivity. This suggestion is there will be an explosion if there are accessible location in the battery cable partially adopted. A test using air or explosive vapors in the area of the (cranking motor) circuit without inert gas is required in § 183.580(a), connection. The commenter states that implying that a breaker or fuse however, this document deletes the whether or not crimp connectors are connected to it be within 72 inches of requirement for a special type of gauge properly installed is only guess work the battery, since in reality, the because the type of gauge used to and builders frequently make improper connection to the switch becomes the measure air does not affect the installations. The Coast Guard believes point at which the circuit in question is sensitivity of the test being conducted. that the sequence of conditions which connected to its power source and the We believe that air or inert gas is must be present to increase the hazard length requirements of § 183.455 would necessary for a valid test. The language to a boat is very improbable. Normal apply. in § 183.580(b) permits a variety of leak Another commenter states that commercial practices, voluntary detection methods if the tank is confusion may arise from the present standards and the design of this type of pressurized with air or inert gas. equipment, all combine to produce rule and that the intent should be Another commenter misunderstood connections of an acceptable integrity in clarified. The commenter states that our change to § 183.510(d) by assuming the normal practice of boat building. good electrical practice requires that a that we intended to limit the pressure Therefore, it is unnecessary for a battery disconnect switch be installed pulse test to tanks less than 200 gallons. Federal regulation to address these between the battery and the engine same criteria. The commenter also cranking motor. Further, that such a That is not the case. § 183.510(e) will states that the change refers only to boat switch be located where it is readily continue to require the pressure pulse builders and ignores the fact that a large accessible. He states that the common test on tanks larger than 199 gallons. amount of wire work is done by boat practice with many boat builders is to Another commenter objected to the yards and marinas in the course of attach the boat service feed wires to the proposal to eliminate the requirement in repair, alteration or installation. The battery disconnect switch and have the § 183.510(e) for slosh testing tanks less proposal is not being changed. All of the overcurrent protection devices adjacent than 199 gallons. This commenter regulations under the authorizing statute to the switch and that this practice attributes the lack of failures to the past are limited to new boats being built and keeps connections at the battery to a Federal regulations. One of the principal introduced into interstate commerce. minimum and in no way causes a test laboratories has told the Coast The regulations cannot be applied to hazard. According to the commenter, on Guard that very few failures have boat yards and marine repair, since this larger boats it is not always practical to occurred to tanks built and tested by the involves the alteration and modification locate the battery disconnect switch slosh test method even before the of existing boats. within 72 inches of the battery and still effective date of § 183.510(e). Another commenter states that the have it physically protected and readily Section 183.514 Fuel tanks: Labels. removal of § 183.450 increases the accessible. He indicates that in such regulatory burden because the voluntary cases it might place the overcurrent One commenter states that the standards that cover this area, devices more than 72 inches from the amendment to the tank label should not American Boat and Yacht Council battery, but would be perfectly be adopted because the exact nature of (ABYC) Standards E-8 and E-9, make acceptable from a safety standpoint. both the test and related parameters no mention of “outside a junction box or The commenter pointed to another should be clearly spelled out so that all enclosure,” which will extend the condition which exists on many smaller manufacturers are. treated alike and the requirements to all terminations, boats where the engine manufacturer consumer gets the benefits of the same whether they are protected by an installs an overcurrent device on the level of safety. There is no evidence that enclosure or not. The Coast Guard finds engine. He states that the overcurrent the sensitivity of the leakage test is Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations 55735

directly related to the hazard of leaking any appreciable hazard to boating permit short lengths of marked hose to tanks. Any leak test which detects safety. be used without a tag even though the leaking tanks is equally acceptable. complete legend might not be on that Two other commenters noted that in Section 183.528 Fuel stop valves. § 183.510(b)(7), it appears that the piece. One commenter cited difficulties One commenter objects to the in identifying some types of hose after it change should properly reference 33 deletion of § 183.528 which requires fuel is installed on the boat. The Coast CFR 183.510(a). The commenters are stop valves to pass the 2 Vis minute fire Guard recognizes this problem but correct and we have amended the rule test. The Coast Guard concludes that if accordingly. concludes that it will not be a significant the hose is not required to pass the fire cause of improper hose being installed test, there is no increased hazard in Section 183.516 Cellular plastic used to on boats, because a larger piece of the permitting the valves the same encase fu e l tanks. same type of hose which bears a tolerance, because the hose will fail marking on the hose itself is probably One commenter suggests that this before the fuel stop valves. regulation should not allow a metallic used elsewhere on the boat. fuel tank to be encased in foam because Section 183.532 Clips, straps and hose Section 183.550 Fuel Tanks: clam ps. the boat owner is actually prevented Installation. from visually checking the tank for One commenter states that the corrosion and because it is not possible, amendment to require only clips, straps One commenter states that tanks using production techniques, to avoid and clamps used with USCG Type A should not be installed where they will creating voids in the foam that will hose to be capable of passing the fire come in contact with water in the bilge ultimately fill with salt water. The test is in error, because the clips and and suggests wording from National Fire commenter recommends that the density straps used with USCG Type A hose Protection Association Standard 302, change be accepted for non-metallic fuel would be fire resistant and those used paragraph 5-5.2: “Metallic fuel tanks tanks and that all reference to plastic with USCG Type B hose would not pass shall be positioned above normal encased metallic tanks be deleted from the fire test. The commenter states that accumulations of bilge water and the regulation. The Coast Guard does if a deletion is made, it should delete the supported in a manner that will ensure not have any data or test reports fire resistance requirement for Type A complete drainage of water from all indicating problems with metallic fuel hose only. The same commenter states exterior tank surfaces as installed.” tanks encased in plastic foam except for that the proposed deletion of Although the Coast Guard agrees with tanks of alloys which are not § 183.532(c) and Table 7 which establish the intent of the statement proposed by recommended for marine use. Another the minimum width of hose clamps the commenter, we conclude that it commenter disagrees with the proposal should not be made final because there would be difficult to enforce as a to allow 2.0 pound density foam because are some very narrow hose clamps and regulation because of the imprecision of good quality foam requires carefully spring loaded wire clamps on the market the term “normal accumulations of bilge controlled production conditions. The that could be used if the minimum width water.” As a practical matter, it is Coast Guard disagrees because of the requirement is deleted. Another impossible to insure that water will not lack of any test reports or data commenter states that if the straps bum, come into contact with the bottom of a indicating that the higher density foam the fuel line no longer has its antisiphon fuel tank. significantly contributes to boating characteristics. These same comments safety. Section 183.560 Hose clamps: were made at the NBSAC meeting held Installation. Section 163.522. F u el tank f i l l system s. on 19 and 20 May 1981. Both the Coast Guard and NBSAC agree that there is Two commenters state that the One commenter states that the not a significant probability that a deletion of § 183.506(b) is not acceptable deletion of the requirement in § 183.522 serious hazard will result by providing because a space between a clamp and that fuel must not blow back through the this regulatory relief. the hose end is needed to prevent the pH opening when the tank is being filled, clamp from tapering the hose end and is not recommended because the Section 183.536 Seals and gaskets in sliding off. This issue was thoroughly performance of the tank vent system is fuel filters and strainers. discussed at the NBSAC meeting held not covered in any other way. The One commenter states that this on the 19th and 20th of May 1981. In the commenter also states that the U.S. section should not be deleted, since he opinion of the majority of those present Coast Guard does not have an in-depth has found two fuel filters with split O- and the Coast Guard, there is not a accident investigation program to ring gaskets. The Coast Guard has not significant probability of a hazard pinpoint a detail of this nature and been able to locate or obtain developing by this change. Normal suggests that the absence of any record information that any present commerical practice and the voluntary is not a meaningful basis for the deletion manufacturer of fuel filters uses split standards are expected to continue to of the requirement Another commenter gaskets. In fact, such a practice would provide adequate guidance. indicates that the removal should not be be uneconomical and inconsistent with Section 183.564 Fuel tank fill system. made final because marinas have been accepted commercial practice. experiencing a line up of boats waiting Another commenter noted that since Two commenters state that the to take on fuel and to accommodate the § 183.582 is deleted, the reference at the requirement for a V2 inch space between number of customers, fast filling has end of § 183.536(b) should be changed. the last clamp and the hose end is become a means to cut down on backlog This was an oversight on our part and needed to make sure that a clamp is not and standby time off the fuel dock. the change has been made. so close to the end of the hose that it However, this type of accident would be Section 183.540 Hoses: Identification. will compress the hose and slide off the unique and would be reported in the end. This issue was also thoroughly Boating Accident Report required by Several commenters misunderstood discussed at the NBSAC meeting held jaw. The Coast Guard believes that the the intent of the change to § 183.540. We on the 19th and 20th of May 1981. Both lack of any accident reports concerning did not propose to delete the the Coast Guard and NBSAC have fuel blowback indicates the absence of requirement for marking hose, only to determined that there is not a significant 55736 Federal Register / Vol. 48, No. 242 / Thursday, December 15* 1983 / Rules and Regulations probability of a hazard developing by per year. Therefore the costs to society seven inches of exposed length and this change. Normal commercial practice will decrease with a minimum reduction cranking motor conductors. and the voluntary standards are in the safety level of boats. Since the * * * * ' ,-*» expected to continue to provide economic impact is expected to be 4. By revising § 183.445 to read as adequate guidance. mininal, the Coast Guard has follows: Section 183.568 Anti-siphon protection. determined that no further evaluation is necessary. This rulemaking contains no § 183.445 Conductors: Protection. One commenter does not understand information collection or record keeping (a) Each conductor or group of how the second valve at the engine requirement. conductors that passes through a functions as anti-siphon protection. The In accordance with section 605(b) of bulkhead, structural member, junction second shut-off valve is in National Fire the Regulatory Flexibility Act (94 Stat. box, or other rigid surface must be Protection Standard 302, a voluntary 1164), it is certified that this rule will not protected from abrasion. standard, which was referenced during have a significant economic impact on a (b) Each ungrounded terminal or stud the discussions at NBSAC. It does not substantial number of small entities, function as an anti-siphon valve, but it that is continuously energized must meet since these amendments will result in § 183.455 or must have a boot, nipple, provides equivalent protection from only a minor reduction in the costs of leakage in case a mechanic neglects to cap, cover, or shield that prevents manufacturing a boat that is subject to accidental short-circuiting at the close the valve at the tank. the Electrical and Fuel System Another commenter states that terminals or studs. standards. § 183.568(c) should be clarified to § 183.450 [Removed] indicate that the tank top is below the level of the carburetor inlet. Two List of Subjects in 33 CFR Part 183 5. By removing §183.450, Conductors: commenters state that rigid fuel lines Termination. Fire prevention, Electrical power, (copper) should be referenced along 6. By revising § 183.460(a) to read as Marine safety, Passenger vessels. with USCG Type A hose. These follows: comments are incorporated and PART 183— BOATS AND ASSOCIATED § 183.460 Overcurrent protection: Special § 183.568(c) is modified accordingly. EQUIPMENT Another commenter states that if both applications. valves are closed and the line is full, a In consideration of the foregoing, Part (a) Each ungrounded output conductor temperature rise will create high 183 of Title 33 of the Code of Federal from a storage battery must have a pressure in the line and something has Regulations is amended to read as manually reset, trip-free circuit breaker to give; either the system leaks or the follows: or fuse, unless the output conductor is in fuel line and fittings must distort enough the main power feed drcuit from the to relieve the pressure down to the yield Subpart I— Electrical Systems battery to an engine cranking motor. The loadings of the parts. He states that two circuit breaker or fuse must be within 72 valves that can create a full closed 1. By removing and reserving inches of the battery measured along the system containing a liquid should not be § 183.401(b) as follows: conductor, unless, for boats built prior to permitted; that a single valve system § 183.401 Purpose, applicability, and August 1,1985, the circuit has a switch that cannot trap fuel under high pressure effective dates. that disconnects the battery. is desirable. Thousands of such ***** ***** installations have been built and are in (b) [Reserved] use, and although this sequence is Subpart J — Fuel Systems theoretically possible in a completely 2. By amending § 183.420 by revising rigid system, the Coast Guard does not paragraph (e) and by removing and § 183.501 [Amended] have evidence of a failure ever having reserving paragraph (f) as follows: 7. By removing and reserving occurred. § 183.420 Batteries. § 183.501(b). Regulatory Evaluation ***** 8. By revising § 183.510 (a), (d) and (e) to read as follows: These proposed regulations are (e) A vent system* or other means must considered to be non major under be provided to permit the discharge from § 183.510 Fuel tanks. the boat of hydrogen gas released by the Executive Order 12291 and are non (a) Each fuel tank in a boat must have battery. significant under the Department of been tested by its manufacturer under Transportation Policies and Procedures (f) [Reserved] ***** § 183.580 and not leak when subjected for Simplification, Analysis, and Review to the pressure marked on the tank label of Regulations, (DOT Order 2100.5 of 3. By revising § 183.425(g) to read as under § 183.514(b)(5). May 22,1980). The overall impact on the follows: * * * * * boating industry will be favorable, because it will reduce the cost of doing § 183.425 Conductors: General. (d) Each fuel tank with a capacity of * * * * * business. Specifically, it is estimated 25 to 199 gallons must not leak if tested that these proposed amendments will (g) This section does not apply to under § 183.586. result in a savings in the manufacturing communications systems; electronic (e) Each fuel tank of 200 gallons costs of a boat of up to ten dollars per navigation equipment; electronic circuits capacity or more must not leak if tested boat. The adoption of these amendments having a current flow of less than one under §§ 183.586 and 183.588. will also mean that Coast Guard ampere; conductors which are totally 9. By revising § 183.514(b)(7) to read personnel will not have to inspect as inside an equipment housing; resistance as follows: many items per boat on each factory conductors that control circuit visit, and it is estimated that this will § 183.514 Fuel tanks: labels. amperage; high voltage secondary ***** result in saving of one half man-hour per conductors and terminations that are in visit or approximately 3000 man-hours ignition systems; pigtails of less than (b) * * * Federal Register / Vol, 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations 55737

(7) The statement, “This tank has §183.542 Fuel systems. (a) Fill the tank with air or inert gas to been tested under 33 CFR 183.510(a).” * * * * * (a) Each fuel system in a boat must the pressure marked on the tank label have been tested by the boat under § 183.514(b)(5). 10. By revising § 183.516(c) to read as manufacturer and not leak when ***** follows: subjected to the greater of the following § 183.582 [Removed] §183.516 Cellular plastic used to encase pressures: fuel tanks. (1) Three pounds per square inch; or 22. By removing § 183.582. ***** (2) One and one-half times the (46 U.S.C. 4302; 49 CFR 1.46(n)(l)) (c) Polyurethane cellular plastic used pressure created in the lowest part of Dated: September 14,1983. to encase metallic fuel tanks must have the fuel system when it is filled to the J. A. McDonough, Jr., a density of at least 2.0 pounds per cubic level of overflow with fuel. Rear Admiral, U.S. Coast Guard, Chief, Office foot, measured under ASTM D-1622, (b) The test pressure shall be obtained of Boating, Public and Consumer Affairs. “Apparent Density of Rigid Cellular with air or inert gas. [FR Doc. 83-33347 Filed 12-14-83; 8:45 amj Plastics.” 17. By revising § 183.550(d) to read as BILLING CODE 4910-14-M §183.522 [Removed] follows: 11. By removing § 183.522, Fuel tank §183.550 Fuel tanks: Installation. ***** ENVIRONMENTAL PROTECTION fill systems. AGENCY 12. By revising § 183.528(b) to read as (d) Water must drain from the top follows: surface of each metallic fuel tank when 40 CFR Part 180 the boat is in its static floating position. §183.528 Fuel stop valves. * * * * * [PP 3E2766/R613; PH-FRL 2476-5] ***** §183.560 [Amended] Tolerances and Exemptions From (b) If tested under § 183.590, a fuel Tolerances for Pesticide Chemicals in stop valve installed m a fuel line system 18. By removing and reserving or on Raw Agricultural Commodities; requiring metallic fuel lines or “USCG § 183.560(b). Chlorpyrifos Type A” hose must not leak fuel. 19. By revising § 183.564(d)(2) to read Correction 13. By revising § 183.532(b) and as follows: removing 183.532(c) and Table 7 as In FR Doc. 83-31486 beginning on page follows: § 183.564 Fuel tank fill system. ***** 52914 in the issue of Wednesday, November 23,1983, make the following §183.532 Clips, straps, and hose clamps. (d) * * * correction on page 52915: In * . * * * * (2) Be over the hose and the spud, SUPPLEMENTARY INFORMATION, in the (b) If tested under § 183.590 a clip, pipe, or hose fitting. eleventh line, “diethylO” should read strap, or hose clamp installed on a fuel “diethyl O". 20. By amending § 183.568 by revising line system requiring metallic fuel lines BILUNG CODE 150S-01-M or “USCG Type A” hose must not paragraph (b) and adding paragraph (c) to read as follows: separate under a one pound tensile force. § 183.568 Anti-siphon protection. GENERAL SERVICES * * *. i * * 14. By removing and reserving ADMINISTRATION § 183.536(a) and revising 183.536(b) to (b) Have an anti-siphon device or an read as follows: electrically operated fuel stop valve— 41 CFR Part 101-40 §183.536 Seals and gaskets in fuel filters (1) At the tank withdrawal fitting; or [FPMR Temp. Reg. A-22, Supp. 2] and strainers. (2) Installed so the line from the fuel (a) [Reserved] tank is above the top of the tank; or Use of Contract Airline Service Between Selected City-Pairs (b) Each gasket and each sealed joint (c) Provided that the fuel tank top is in a fuel filter and strainer must not leak below the level of the carburetor inlet, be metallic fuel lines meeting the AGENCY: Office of Federal Supply and when subjected for 24 hours to a Services, GSA. gasoline that has at least a 50 percent requirements of § 183.538 or “USCG a c t io n : Temporary regulation. aromatic content at the test pressure Type A” hose, with one or two manual shutoff valves installed as follows— marked on the fuel tank label. SUMMARY: This supplement amends * * * * * (1) Directly at the fuel tank connection FPMR Temp. Reg. A-22 by incorporating arranged to be readily accessible for the provisions of the new airline city- . 15- By revising § 183.540(a) and (b) operation from outside of the introductory text to read as follows: pairs contracts effective October 1,1983, compartment, and and by authorizing the use of GSA §183.540 Hoses: Identification. (2) If the length of fuel line from the Contractor-issued charge cards, as (a) Each “USCG Type A” hose and tank outlet to the engine inlet is greater announced in GSA Bulletin FPMR A-85, “USCG Type B” hose must be than 12 feet, a manual shutoff valve Travel and transportation expense identified by the manufacturer by a shall be installed at the fuel inlet payment system using Contractor-issued marking on the hose itself. connection to the engine. charge cards. (See 48 FR 43726, . (b) Each marking must contain the 21. By revising § 183.580(a) to read as September 26,1983.) Because the terms following information in English: follows: and conditions of the new airline city- ***** pairs contract are substantially the same § 183.580 Static pressure test for fuel as the expired contracts, GSA has 18. By revising § 183.542 to read as tanks. tollows: * * * * * determined that it is more practicable and cost-effective to modify this 55738 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations regulation than issue a new regulation. 2. Effective date. This regulation is b. The contractor is to comply with all The use of GSA Contractor-issued effective October 1,1983. rules and regulations required by the charge cards is added to this regulation 3. Expiration date. This regulation Civil Aeronautics Board to permit to reflect contract modifications expires September 30,1984, unless carriers to contract for and to furnish air between GSA and the airlines providing sooner canceled or revised. transportation in accordance with the contract rates between selected city- 4. Explanation of changes. contract. pairs. a. Par. 5 is revised to read as follows: c. The contractor is to use the DATES: Effective date: October 1,1983. “5. Scope. The extent to which this designator "YCA” in describing contract Expiration date: September 30,1984. regulation applies to Government fares under this regulation. FOR FURTHER INFORMATION CONTACT: employees and military personnel and d. The carrier contractor is required to Joseph M. Napoli or John B. Millington, their dependents authorized to travel at fully refund any or all portions of Policy Development and Analysis Government expense is as follows: unused tickets to either the ordering Division, FTS 557-1256/(703) 557-1256. a. Executive and other Federal Federal agency, the travel agent, or the SATO (see par. 9), as appropriate.” SUPPLEMENTARY INFORMATION: GSA has agencies are governed by this regulation c. Par. 8 is revised to read as follows: determined that this rule is not a major to the extent specified in the Federal Procedures for obtaining service. rule for the purposes of Executive Order Property and Administrative Services “8. 12291 of February 17,1981, because it is Act of 1949, as amended, and 5 U.S.C. a. Except as provided in b and c, not likely to result in an annual effect on 5701, et seq.; below, contract air service shall be the economy of $100 million or more, a b. The Department of Defense (DOD) ordered by the issuance of an S F 1169, major increase in costs to consumers or shall follow the procedures established Government Transportation Request others, or significant adverse effects. in the Military Traffic Management ' (GTR), either directly to the carrier GSA has based all administrative Regulation (AR 55-355/NAVSUPINST contractor or indirectly to a travel agent decisions underlying this rule on 4600.70/MCO P4600.14A/DLAR 4500.3); or SATO. (See par. 9 on the use of travel, adequate information concerning the and agents and SATO’s.) need for, and consequences of, this rule; c. The following are exempt from the b. Agencies and departments has determined that the potential mandatory use of the airline contracts; participating in GSA’s travel and benefits to society from this rule however, all exempted personnel are transportation expense payment system outweigh the potential costs and has authorized and encouraged to use these (see GSA Bulletin FPMR A-85), are maximized the net benefits; and has services when the use thereof is authorized to obtain YCA contract chosen the alternative approach acceptable to the contract airlines: airline fares using GSA Contractor- involving the least net cost to society. (1) Uniformed members of the Public issued charge cards. The charge card Health Service, the National Oceanic may be presented to the contractor List of Subjects in 41 CFR Part 101-40 and Atmospheric Administration, and airline carriers, SATO’s, travel agents Freight, Government property the U.S. Coast Guard; (see par. 9), or agency travel offices, as management, Moving of household (2) Employees of the Judicial Branch appropriate. goods, Office relocations, of the Government; c. When a traveler uses cash to Transportation. (3) Employees and members of the procure service under FPMR 101-41.203- House of Representatives and Senate of 2, the traveler shall be prepared to (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) the United States Congress; authenticate the trip as official travel. In 41 CFR Chapter 101, the following (4) Employees of the U.S. Postal When cash is used, the contractor temporary regulation is added to the Service; airlines listed in the Federal Travel appendix at the end of Subchapter A to (5) Foreign Service officers; Directory have the option of furnishing read as follows: (6) Cost-reimbursable contractors services at either the contract or Federal Property Management working for the Government; and noncontract fare. If only one contract is Regulations, Temporary Regulation A - (7) Employees of any agency having awarded between a city-pair and the 22, Supplement 2 independent statutory authority to contractor does not provide a contract prescribe travel allowances and who are fare with the use of cash, the traveler To: Heads of Federal Agencies not subject to 5 U.S.C. 5701-5709. shall procure service from an airline Subject: Use of contract airline service b. Par. 7 is revised to read as follows: offering the lowest noncontract fare. If between selected city-pairs “7. Responsibility of the contract more than one contract has been 1. Purpose. This supplement cancels airline. awarded between a city-pair, the supplement 1 and contains all changes a. The contrafctor is not required to traveler shall observe the order of to FPMR Temp. Reg. A-22. This furnish services if, at the time of the carrier succession in selecting a supplement incorporates provisions of request for service, the scheduled contractor which provides a contract the new airline city-pair contracts aircraft is fully loaded; nor shall the fare with the use of cash. If none of the effective October 1,1983, and authorizes contractor be required to furnish any contractors provides a contract fare the use of GSA Contractor-issued charge additional aircraft to satisfy the with- the use of cash, the traveler shall cards as announced in GSA Bulletin transportation requirement. However, procure service from an airline offering FPMR A-85, Travel and transportation the contractor will provide the official the lowest noncontract fare. Cash or expense payment system using Government traveler with services that personal credit cards shall not be used Contractor-issued charge cards and are the same as those provided to its to circumvent the Government’s travelers checks. (See 48 FR 43726, commercial passengers in scheduled jet contract with the airlines. September 26,1983.) The justifications coach service. The carrier will make d. When a reservation for contract air for not using carrier contractors are reservations for Government travelers service is requested, the fare basis shall amended to include instances when the on the same basis as for regular coach be identified as "YCA,” and the carrier s contractor’s flight schedule would result service travelers and shall not ticket agent shall be instructed to apply in excessive local travel time and cost at discriminate in favor of commercial the appropriate fare basis and contract the origin or termination points. travelers. fare. Agencies using teletype ticketing Federal Register / VoL 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations 55739

equipment shall examine airline tickets overall cost, including the contract fare, redelegation of authority shall be held to to determine whether the fared ticket lost productive time, and ground as high an administrative level as shall be canceled, and new tickets shall transportation, will determine which practicable to ensure adequate be issued. Tickets picked up at the carrier will be used. consideration and review of the airline ticket offices shall be verified to (2) The secondary carrier shall be circumstances requiring the use of ensure that the proper fare basis is used when the primary carrier cannot noncontract air carriers. shown on the ticket. provide the service required by the b. Use of noncontract air carriers is e. Contract fares apply only between ordering agency or when official travel justified when contract air carriers the cities named in the Federal Travel falls within one of the following cannot provide the services required by Directory and are not applicable to or exceptions: the ordering agency or when official from intermediate points. The contract (a) The primary carrier’s flight travel falls within one of the exceptions fares, however, are- applicable in schedule noted in (1) through (3), below. conjunction with other published fares (i) Does not meet the agency’s mission Justifications for the use of noncontract or other contract fares. requirements, air carriers will be authorized on f. When a city-pair published in the (ii) Would result in excessive local individual travel orders (if known before Federal Travel Directory indicates that travel time and cost at the origin or travel begins) or approved on vouchers only one contract is awarded and the termination points, (if not known before travel begins). The contractor subsequently offers a fare (iii) Would require additional exceptions are: lower than its YCA fare, the ordering overnight lodging, or (1) The contractor’s flight schedule agency may elect to use the lower fare if (iv) Is inconsistent with the (a) Does not meet the agency’s qualifications for obtaining the lower Government’s policy of scheduling mission requirements, fare are compatible with the agency’s travel to the maximum extent (b) Would result in excessive local travel requirements. practicable during normal working hours travel time and cost at the origin or g. Cost-reimbursable Government (for further information, see the Federal termination points, contractors traveling on official business Personnel Manual, Supplement 990-2); shall obtain contract airline passenger or (c) Would require additional overnight lodging, or transportation only through the use of a (b) Space aboard the primary carrier’s GTR." scheduled flight is not available to (d) Is inconsistent with the d. Par, 9 is revised to read as follows: accomplish the mission requirements. Government’s policy of scheduling “9. Use of travel agents and b. When a carrier contractor offers to travel to the maximum extent Scheduled Airline Traffic Offices the general public a fare lower than its practicable during normal working hours (S A T O ’s). GSA has entered into YCA fare, the ordering agency may elect (for further information, see the Federal contracts with various commercial to use the lower noncontract fare Personnel Manual, Supplement 990-2); travel agents and into agreements with provided that the qualifications for (2) Space aboard the contractor’s SATO’s to provide travel management obtaining the lower fare are compatible scheduled flight is hot available to services for Federal agencies. These with the agency’s travel requirements accomplish the mission requirements; or travel agents and SATO’s are and provided that a comparison of total (3) On the basis of a comparison of responsible for providing and arranging costs as prescribed in subpar. llb(3) total cost for each individual trip, the all travel services to Federal travelers. justifies a change in the order of carrier use of standard jet coach fare ("Y” or When GTR’s are used, the travel agents succession. For example, if the YCA “S” class of service) is less than the and SATO’s are assigned GTR numbers fares for the same city-pair are $68 for contract fare at the time the reservation by each participating Federal agency, carrier A and $75 for carrier B and is made considering such cost factors as and the assigned GTR number shall be carrier A offers a fare lower than $68, actual transportation costs, subsistence, shown on all transportation tickets the lower fare may be used. If, on the allowable overtime, or lost productive issued. Travel management services will other hand, carrier B should offer a fare time." also be furnished when GSA Contractor- lower than $68 and carrier A remains g. Par. 13 is reserved as follows: issued charge cards are used as eligible to furnish service under its “13. Reserved." announced in GSA Bulletin FPMR A-85. contract, carrier B’s lower fare may be h. Attachment A is canceled. (See GSA’s Federal Travel Directory for used if a cost comparison under subpar. Dated: November 25,1983. the location of travel agents and llb(3) justifies the use of carrier B’s Ray Kline, SATO’s.)” lower fare. By offering to the general Acting Administrator of General Services. e. Par. 10 is revised to read as follows: public an unrestricted fare that is lower “10. Multiple awards between the [FR Doc. 83-33338 Filed 12-14-83; 8:45 am] than its YCA fare, the carrier contractor BILLING CODE 6820-AM-M same city-pair. assumes the status of a noncontract a. When a city-pair published in the carrier." Federal Travel Directory indicates that f. Par. 11 is revised to read as follows: multiple contracts are awarded, the “11. Use of noncontract airline DEPARTMENT OF THE INTERIOR contractors are listed in descending carriers between listed city-pairs. Bureau of Land Management order from the carrier (primary) offering a. Heads of agencies are authorized to the lower fare to the carrier (secondary) approve the use of noncontract air 43 CFR Public Land Order 6466 offering the next higher fare. Except as carriers between city-pairs listed in the otherwise provided in this paragraph, Federal Travel Directory when their use [A-18805] agencies shall request reservations from is justified under the conditions noted in carrier contractors in the order of b, below. This authority may be Arizona; Partial Revocation of succession, as listed. delegated provided that appropriate Reclamation Withdrawals (1) If service by the carrier contractqrs guidelines in the form of regulations or is provided at different airports but still other written instructions are furnished Correction between the same city-pair listed in the the designee. Redelegation authority In FR Doc. 83-25818, beginning on Federal Travel Directory, the lowest shall be limited. The delegation and page 43176, in the issue of Thursday, 55740 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations

September 22,1983, on page 43177, in the Systems and in Point-to-Point Microwave Stay if it is not granted, (3) the first column, under "T. 5 S., R. 21 W.,” in Radio Systems for the Provision of Digital possibility of harm to other parties if a the first line, "EViEVz'W Vfe;” should read Electronic Message Services, and for Other Stay is granted, and (4) the public Common Carrier, Private Radio, and “EVa, EVaWya;”. interest. See Washington Metropolitan Broadcast Auxiliary Services; and to Area Transit Commission v. Holiday BILLING CODE 1505-01-M Establish Rules and Policies for the Private Radio Use of Digital Termination Systems at Tours, Inc., 559 F. 2d 841 (D.C. Gir. 1977); 10.6 GHz; General Docket No. 79-188, RM- Virginia Petroleum Jobbers Association FEDERAL COMMUNICATIONS 3247, RM-3497. v. FP C , 259 F. 2d 921 (D.C. Cir. 1958). We COMMISSION Adopted: December 1,1983. do not find it necessary to engage in Released: December 6,1983. extensive analysis of the first factor 47 CFR Parts 2,21,74, and 94 By the Commission. here because we have determined that both Ericsson’s interests and those of [Gen. Docket No. 79-188; RM-3247; RM- 1. The Commission has received a 3497; FCC 83-576] other spectrum users may be Request for Partial Stay of the effective accommodated. date, December 1,1983, for certain rule 4. Although economic injury does not Amendment of the Commission’s sections in the above referenced matter. Rules Regarding Digital Termination in every situation justify a Stay, see This Request was submitted by Virginia Petroleum Jobbers Association Systems Ericsson, Inc. ("Ericsson”) on November v. FPC, supra, 259 F. 2d at 925, in this AGENCY: Federal Communications 16,1983. Additionally, Ericsson has case we recognize the significant submitted a Petition for Reconsideration Commission. financial losses Ericcson faces under the of the Second Report and Order a c t io n : Order denying stay. new channelization plan. At the same adopting these rules (FCC 83-392 time, the new plan treats an important released September 30,1983, 48 FR SUMMARY: The Federal Communications issue affecting other spectrum users— 50322, November 1,1983). Commission is denying a request for a that of frequency use blockage. In our 2. Ericsson requests that the effective partial stay of the effective date Second Report and Order we allocated date of the Second Report and Order be (December 1,1983) of certain Rules spectrum for Digital Termination adopted in the Second Report and Order stayed for those provisions which concern the new channelization plan for Systems (DTS) in the 18.36-18.46 GHz in Gen. Docket 79-188. The denial of the and 18.94-19.04 GHz bands for use by request will allow for the orderly the 18.4&-18.94 GHz band pending consideration of its Petition for private and common carriers. The implementation of frequencies allocated segment of spectrum separating these for Digital Termination Systems (DTS) Reconsideration. In its request, Ericsson purports that if the channelization plan DTS bands, 18.46-18.94 GHz, was and related intemodial links. Also, the intended to serve as resource spectrum Commission is granting a waiver to is implemented it will face tremendous financial losses because approximately for interconnecting various DTS Ericsson, Inc. to market 600 18 GHz systems, and a number of other point-to- transmitters not in compliance with the six hundred 18 GHz radios in current production do not conform to the new point radio services as noted in the Commission’s channelizing plan. These Second Report and Order (See para. units will be licensed subject to the channelization plan. The Ericsson equipment operates with a 120 MHz 23).2 Because we believe that the condition that they must cease operation demand for 18 GHz DTS and for the or convert to the adopted channeling freqency separation between pairs. The adopted channeling plan has 240 MHz associate 18.46-18.94 GHz band will be plan if they preclude another applicant primarily concentrated in the from using frequency pairs in as a frequency separation between pairs. Ericsson states that unless a stay metropolitan areas, we are concerned conformance with the adopted with the effect of frequency use channeling plan. is granted, all production lines will have to shut down and Ericsson will be left blockage by allowing the use of a large FOR FURTHER INFORMATION CONTACT: with inventory equipment that cannot be number of non-conforming units without Mr. Melvin J. Murray, Office of Science shipped, advertised or sold. In its limitation. In particular, because the and Technology, Washington, D.C. Petition for Reconsideration, Ericsson adopted frequency pairs were matched 20554, (202) 653-8168. requests that the Commission enact at according to a given frequency SUPPLEMENTARY INFORMATION: least a two-year grandfathering period separation, the use of a non-conforming pair of frequencies in a duplex link List of Subjects for equipment which does not conform to the new channelization plan to permit would effectively foreclose the use of 47 CFR Part 2 Ericsson to complete manufacture and, two frequency pairs conforming to the Frequency allocations. marketing of approximately 600 units of new channelization plan in a particular 18 GHz equipment and to permit users geographic area. Accordingly, from a 47 CFR Part 21 to license and operate their equipment.1 spectrum management Viewpoint, we Communications common carrier. Ericsson indicates the equipment in see a problem of creating inefficiencies in the use of spectrum by allowing a 47 CFR Part 74 question has been designed primarily for specialized common carriers and for large amount of equipment in a given Radio. telephone companies for use in the area using a non-conforming 47 CFR Part 94 metropolitan areas. channelization plan. 3. In determining whether to grant a Communications equipment. stay, the following factors are * Also, an important use of this band has been considered: (1) Likelihood of success on targeted for the relocation of displaced licensees Order Denying Request for Partial Stay from the 12.2-12.7 GHz band. In paragraph 24 of the and Granting Waiver in Part the merits, (2) the prospect of Second Report and Order in Gen. Docket 79-188, the irreparable injury to the party seeking a Commission estimated that between 50 to 85 In the matter of amendment of Parts 2, 21, percent of the links at 12.2-12.7 GHz can be 74, and 94 of the Commission's Rules to 1 Alternatively, Ericsson suggests that the accommodated at 18 GHz and higher frequencies. In Allocate Spectrum at 18 GHz for, and to Commission may wish to consider other forms of specific, the channels in the 18.46-18.94 GHz band Establish Other Rules and Policies Pertaining relief, such as granting a waiver to permit marketing have been particularly earmarked for about 35 to, the Use of Radio in Digital Termination this equipment during the next two years. percent of the relocating licensees. Federal Register / VoL 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations 55741

5. However, we recognize the fact, as (Secs. 4, 303, 48 Stat. as amended, 1066,1082; This Motion was submitted by the Ericsson points out, that there is little 47 U.S.C. 154, 303) Farinon Division of Harris Corporation use being made of this band at present Federal Communications Commission. (“Harris”) on October 28,1983. and there is relatively little equipment at William J. Tricarico, Additionally, Harris has filed a Petition 18 GHz now type accepted. As it is our Secretary, for reconsideration of certain provisions desire to have equipment available to (FR Doc. 83-33205 Filed 12-14-83; 8:45 am) of the Second Report and Order (FCC accommodate the 12 GHz displaced BILLING CODE 6712-01-M 83-392 released September 30,1983, 48 licensees at 18 GHz, we feel it would be FR 50322, November 1,1983). in the public interest to accept 2. Harris requests that the effective 47 CFR Parts 2,21,74, and 94 Ericsson’s suggestion and grant it a date of the Second Report and Order be waiver of the rule sections pertaining to [Gen. Docket No. 79-188; RM-3247; RM- stayed for §§ 21.122, 21.503, 74.561, 94.67, the new channelization plan for the 3497; FCC 83-575] 94.94 and 94.191 pending action on its 18.46-18.94 GHz band subject to certain Petition for Reconsideration. In its conditions. This action will eliminate the Amendment of the Commission’s request, Harris purports that if the need for a stay here. Rules Regarding Digital Termination technical standards contained in the 6. Specifically, the Commission is Systems referenced rule sections were to be granting a waiver to Ericsson, Inc. to AGENCY: Federal Communications implemented, it would force Harris to market and install 600 units of its Commission. stop immediately its production of 18 presently type accepted 18 GHz GHz equipment until design changes a c t i o n : Stay of effective date of final equipment through December 1,1985. It could be made, type acceptance rule. is understood that this equipment is not obtained, and redesigned equipment in compliance with the Commission’s s u m m a r y : This action stays the effective placed in production. Further, Harris channelization plan adopted for the 18 date of Section 21.22 and Section 94.94, a contends the technical standards are GHz band in the Second Report and technical standard requiring a spectral more stringent than necessary to O rder in Gen. Docket 79-188. efficiency factor of 0.6(bps)/Hz, pending achieve spectrum efficiency objectives. Accordingly, applicants intending to use decision on a Petition for 3. In determining whether to grant a this Ericsson equipment must request a Reconsideration of the Commission’s Stay Pending Reconsideration, the waiver of the appropriate rule sections Second Report and Order in Gen. following factors are considered: (1) and a conditioned license will be Docket 79-188, concerning digital Likelihood of success on the merits, (2) granted. In the event the use of this termination systems. This action will the prospect of irreparable injury to the equipment in a particular area precludes allow adequate time for the filing of party seeking a Stay if it is not granted, another applicant from operating on comments and reply comments in (3) the possibility of harm to other frequencies in accordance with Rule response to a Petition for parties if a Stay is granted and (4) the §§ 2.106, 21.502(h), 21.701(a), 21.701(k), Reconsideration of certain technical public interest. See Washington 74.502(b), 94.61(b), 94.65(j) and 94.189(h), standards adopted in the Second Report Metropolitan Area Transit Commission then the licensee using the Ericsson and O rder in Gen. Docket 79-188. Also, v. Holiday Tours, Inc., 559 F.2d 841 (D.C. equipment marketed under this waiver it will permit the continued manufacture Cir. 1979); Virginia Petroleum Jobbers is required to either cease operation or of equipment currently type accepted Association v. FPC, 259 F.2d 921 (D.C. to convert such equipment to operate in under existing standards. Cir. 1958). accordance with the channelization plan EFFECTIVE d a t e : December 15,1983. 4. Sections 21.503, 74.561, 94.67, and set forth in our Rules. a d d r e s s : Federal Communications 94.191 require that the frequency 7. With respect to the other matters Commission, Washington, D.C. 20554. stability of a transmitter operating in the raised by Ericsson in its Petition for FOR FURTHER INFORMATION CONTACT: 18.46-19.04 GHz band be maintained Reconsideration, we intend to address Melvin Murray, Office of Science and within ±0.003% effective December 1, them in a separate item in the near Technology, (202) 653-8168. 1983. However, it was our intent to future. Accordingly, in this O rder we are allow the continued marketing of denying Ericsson’s request to stay the Order existing type accepted equipment effective date of the rule sections conforming to the new channeling plan In the matter of Amendment of Parts 2, 21, pertaining to the channelization plan for 74 and 94 of the Commission’s Rules to with at least a frequency stability of the 18 GHz band adopted in the Second Allocate Spectrum at 18 GHz for, and to ±0.03% until December 1,1988.1 Report and Order in Gen. Docket 79- Establish other Rules and Policies Pertaining Currently, type accepted equipment 188. However, in view of the foregoing, to, the Use of Radio in Digital Termination installed and operated prior to we find it in the public interest to grant Systems and in Point-to-Point Microwave December 1,1988 may continue to a waiver in part subject to the Radio Systems for the Provision of Digital operate after December 1,1988 with a conditions herein indicated. Electronic Message Services, and for other minimum frequency stability of ±0.03%. Common Carrier, Private Radio, and Only replacement of such equipment 8. In view of the foregoing, it is Broadcast Auxiliary Services; and to would require compliance with the ordered that the Motion for Stay Establish Rules and Policies for the Private submitted by Ericsson, Inc. is hereby Radio Use of Digital Termination Systems at ±0.003% frequency stability factor. denied. 10.6 GHz; General Docket No. 79-188, RM- Since the equipment currently 9. It is further ordered that a waiver of 3247, RM-3497. manufactured by Harris has been type Rule §§ 2.106, 21.502(h), 21.701(a), Adopted: December 1,1983. accepted with a frequency stability of ±0.01%, it is permitted to be marketed 21:701(k), 74.502(b), 94.61(b), 94.65(j) and Released: December 6,1983. until December 1,1988. Thus, there 94.189(j) is granted to Ericsson, Inc. to By the Commission. market and install six hundred of its appears to be no prospect of immediate 1. The Commission has received a irreparable injury to Harris if these currently type accepted 18 GHz Motion for Partial Stay of the effective equipment through December 1,1985 date, December 1,1983, for certain rule ‘ Section 21.101(a), footnote 5 arid § 94.67(a), subject to conditions specified herein. sections in th above referenced matter. footnote 7. 55742 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations provisions go into effect. Furthermore, pending decision on the petition for (Reconsideration Order).1 Under the since aural broadcast STL and intercity reconsideration and is otherwise denied. Commission’s rules, replies to these relay stations are only being permitted (Secs. 4, 303, 48 Stat. as amended, 1066,1082; oppositions and comments, not to to operate within the 18 GHz band as a 47 U.S.C. 154, 303) exceed ten pages in length, must filed on result this rulemaking proceeding, no Federal Communications Commission. or before December 8,1983. See 47 CFR 1.4(g), 1.429(g). Satellite Business equipment is currently in operation for William J. Tricarico, these radio services. Thus, the Systems (SBS) has filed a motion S ecretary. “grandfather” provision requested by requesting permission to file a reply to Harris for the frequency stability [FR Doc. 83-33208 Filed 12-14-83; 8:45 am) the oppositions and comments in excess requirement (§ 74.561) is unnecessary. BILLING CODE 6712-01-M of twenty pages. Accordingly, we see no reason to stay 2. In support of its motion, SBS states the effective date for these rule sections. 47 CFR Part 69 that the ten page limit Would deny it an 5. Sections 21.122 and 94.94 require adequate opportunity to respond to the digital transmitters to meet a spectral [CC Docket No. 78-72; Phase I] arguments presented in the oppositions efficiency factor of 0.6(bps)/Hz effective to its petition. We note that because we December 1,1983 and 1.0(bps)/Hz MTS and WATS Market Structure had granted an earlier waiver request,2 effective December 1,1988. Harris several oppositions and comments were claims that while its existing type AGENCY: Federal Communications themselves more lengthy than the accepted equipment operates with an Commission. twenty-five pages prescribed by the efficiency factor of 0.3(bps)/Hz, a minor a c t io n : Waiver of Commission rules. Commission’s rules. See 47 CFR 1.429(f). redesign would be required to reach the The opposition of the American new 0.6(bps)/Hz standard. Such a SUMMARY: The Chief of the Common Telephone and Telegraph Company to modification would require a new Carrier Bureau, acting under delegated the SBS petition also included an application for type acceptance of the authority, grants in part the petition filed Appendix exceeding twenty-five pages modified equipment which, in turn, by Satellite Business Systems (SBS) in length. would impose upon the equipment the seeking a waiver of the Commission’s 3. We find that the length of the new frequency stability requirement of rule limiting to ten pages the length of oppositions and comments and the ±0.003%. Accordingly, Harris contends replies to oppositions to petitions for detailed arguments they contained that it would not be able to meet the reconsideration of Commission warrant the limited relaxation of Section newly adopted spectral efficiency decisions. SBS requested the waiver to 1.429(g) of our rules that SBS seeks. For requirements without a major redesign, permit parties to file oppositions to this reason we shall permit interested type acceptance, and a new production petitions for reconsideration of the persons to file replies that do not exceed line. Commission’s amended rules for twenty pages in length. computing access charges that were up 6. We recognize that, if these 4. Accordingly, it is ordered, That the to twenty pages in length. The amended provisions go into effect, Harris would Motion of Satellite Business Systems is be significantly harmed because the rules were published on September 21, 1983 at 48 FR 42987. The waiver granted granted. minor modifications it would have to 5. This order is issued under § 0.291 of make would subject it to the new will permit parties to file oppositions not exceeding twenty pages in length. The the Commission’s rules and is effective frequency stability requirements long on its release date. before it would otherwise be subject to Chief of the Common Carrier Bureau them. This in turn would require major concluded that this action was (47 U.S.C. 154(i), (j), 201, 202, 203, 205, 218, design changes. While we do not intend necessary because of the length of the and 403 and 5 U.S.C. 553) to prejudge the outcome of Harris’ oppositions and the detailed arguments Jack D. Smith, petition for reconsideration, we find it they presented against petitioners’ Chief, Common Carrier Bureau. requests. inappropriate under the circumstances [FR Doc. 83-33210 Filed 12-14-83; 8:45 am] to impose such major obligations on EFFECTIVE DATE: Waiver is effective BILLING CODE 6712-01-M Harris before its petition is considered December 6,1983. on the merits. Since this spectrum space ADDRESS: Federal Communications is not widely used at this time, there Commission, 1919 M Street, NW., 47 CFR Part 90 would appear to be little harm to others Washington, D.C. (PR Docket No. 83-486, RM-4230; FCC 83- if the Stay is granted. Finally, the FOR FURTHER INFORMATION CONTACT: adoption of these rules was intended to 544] Kathleen B. Levitz, Common Carrier encourage the growth and development Bureau, (202) 632-9342. Amendment of Subpart K of Part 90 of of services being offered to the public. the Commission’s Rules and Thus, on balance, we find that the public Order Regulations To Permit the Use of interest will be served by granting the In the matter of MTS and WATS Market Omni-Directional Antennas With spectrum efficiency aspect of Harris’ Structure; CC Docket No. 78-72, Phase I. Operational-Fixed Stations Operating request. For these reasons, the effective Adopted; December 2,1983. on Assignments in the 450-470 MHz date of Rule §§ 21.122 and 94.94 Released: December 6,1983. Band requiring a spectral efficiency of By the Chief, Common Carrier Bureau. 0.6(bps)/Hz will be stayed, pursuant to a g e n c y : i . The Commission has received six Federal Communications § 1.429(k), pending a decision on Harris’ Commission. Petition for Reconsideration. oppositions and thirteen comments filed 7. In view of the foregoing, it is on or before November 25,1983, in a c t i o n : Final rule. ordered that the motion for stay response to petitions requesting that it submitted by Harris is granted in part to reconsider decisions reached in the 1 FCC 83-356, 48 FR 42987 (Sept. 21.1983). stay the effective date of Rule §§ 21.122 Memorandum Opinion and Order in this docket released on August 22,1983 2 See Order in CC Docket No. 78-72, Phase I. CC and 94.94 to the extent discussed above Mimeo 841. released November 16,1983. Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations 55743

SUMMARY: This document amends Part governed by § 90.65(c)(16) of the Rules offer 5 models of such antennas.7 90 of the Commission’8 Rules to allow and Regulations.4 Second, the petition requested, and thé the use of omni-directional antennas on 3. The petition for rule making stated NPRM proposed, a rule amendment that 450-470 MHz operational-fixed links if that omnidirectional antennas are would facilitate operation of 450-470 they communicate with at least three needed because the location of drilling MHz fixed links by allowing the use of receiving stations over at least 160° of rigs, whether onshore or offshore, is unity gain omnidirectional antennas azimuth. This action will reduce the determined by the shape of a given oil under conditions identical to systems number of frequencies required by such or gas field, and that wells frequently employing VHF “splinter” frequencies systems and will increase spectrum are located in a circular or non-linear as governed by § 90.65(c)(16) of the usage efficiency. placement. Telementry information from Rules. In proposing the use of only unity EFFECTIVE DATE: December 30,1983. each well would be sent to a “master” gain omnidirectional antennas, we FOR FURTHER INFORMATION CONTACT: UHF fixed station utilizing a polling carefully considered the potential procedure. Since the current rules interference impact of such fixed Eugene Thomson, Private Radio Bureau, operations on existing mobile (202) 634-2443. require directional antennas for each fixed link, accessing each drilling rig operations. The record has shown that List of Subjects in 47 CFR Part 90 requires a separate system utilizing there has been minimal interference to different frequency pairs. The use of an mobile operations from 450-470 MHz Operational-fixed stations, Private omnidirectional antenna would allow fixed operations using directional land mobile radio services. polling of the remote sites by the master antennas. We proposed to permit omnidirectional antennas with unity Report and Order; Proceeding station using only a single frequency gain on these fixed links because it Terminated pair, thus resulting in more efficient spectrum utilization. appeared that a relaxation of these rules In the matter of amendment of Subpart K of would not significantly increase Part 90 of the Commission’s Rules and 4. Comments on the NPRM were interference between these systems. The Regulations to Permit the Use of received from the Special Industrial request did not propose the use of Omnidirectional Antennas with Operational- Radio Service Association, Inc., antennas with up to 10 dB gain, and we Fixed Stations Operating on Assignments in (SIRSA), and the Central Committee. have not solicited comments from the the 450-470 MHz band; PR Docket No. 83-486, Both supported the proposed rule public on this point.. RM-4230. changes, but requested a modification 7. After considering all comments and that would allow omnidirectional Adopted: November 23,1983. weighing the potential interference Released: December 6,1983. antennas having gains not exceeding problems, we conclude that the rules we lOdB, rather than the proposed unity By the Commission. proposed in our NPRM would be in the gain limitation.. 1. On May 12,1983, the Commission best interest of maximizing spectrum 5. SIRSA states that there is a scarcity usage, minimizing cost to licensees, and adopted a Notice of Proposed Rule of 450-470 MHz unity gain Making (NPRM), PR Docket No. 83-486, permitting operational compatability omnidirectional antennas and that an RM-4230,1 which proposed to allow, on between fixed and mobile systems acceptable alternative would be to a secondary operating basis,* the use of operating in the 450-470 MHz band. It allow the use of omnidirectional unity gain omnidirectional antennas by would appear that the use of up to 10 dB antennas with up to 10 dB gain.5 The fixed stations operating in the 450-470 gain omnidirectional antennas on fixed Central Committee states that MHz band which communicate with a links could significantly increase subsequent to the issuance of the NPRM, minimum of three receiving locations interference potential, even though these it was determined that the use of unity that are encompassed in a sector of at antennas often would be used in remove gain antennas will not always provide least 160° in azimuth. or offshore areas. We therefore are an acceptable solution. The indicate that adopting our proposal to permit, on a 2. The NPRM was issued in response one major antenna manufacturer only secondary basis, the use of unity gain v to a Petition for Rule Making submitted makes a single variety of a unity gain by the Central Committee on omnidirectional antennas by 450-470 UHF antenna and that the low power of MHz fixed stations that communicate Telecommunications of the American. master stations and the distance of the with a minimum of three receiving Petroleum Institute (Central remote stations make it desirable to use locations encompassed in a sector of at Committee).3 The Central Committee’s omnidirectional antennas having gains least 160° of azimuth. petition contends that petroleum arid of from 3 to 10 dB.® natural gas companies extensively 8. Accordingly, it is ordered, that utilize UHF operational-fixed stations 6. We have considered the arguments pursuant to sections 4(i) and 303(r) of for supervisory, control, telemetry and for allowing the use of omnidirectional, the Communications Act of 1934, as voice operations. The petition requests antennas with up to lOdB gain on fixed amended. Part 90 of the Commission’s rule amendments that would allow 450-470 MHz links. First, with respect to Rules is amended, effective December operation with omnidirectional antennas SIRSA’s statement that there is a 30,1983, as set forth in the attached under the same conditions allowed for scarcity of 450-470 MHz unity gain Appendix. It is further ordered, that this the 154 MHz “splinter” frequencies omnidirectional antennas, the proceeding is terminated. Commission has determined that at Federal Communications Commission. least three major antenna manufacturers 148 FR 27797, June 17,1983. Filing dates for William J. Tricarico, comments and replies were July 22,1983 and August Secretary. 12,1983, respectively. 4 Section 90.65(c)(16) states "Operational-fixed * Section 90.7 defines secondary operation as stations must employ directional antennas having a Attachment: Appendix. radio communications which may not cause front-to-back ratio of at least 20 dB. Omnidirectional interference to operations authorized on a primary antenna haying unit gain may be employed for 7 In this regard we note that we do not regulate stations communicating with at least three receiving based solely on the availability of equipment in the locations separated by 160° of azimuth.” market place. Our objective is to create a regulatory * Petition for Rule Making, RM-4230, filed October 8 SIRSA comments, paragraph 4. environment conducive to the evolution of 13,1982. 8 Central Committee comments, paragraph 5. technology. 55744 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations

A ppendix ***** is to reduce regulations. It imposes no [FR Doc. 83-33207 Filed 12-14-83; 8:45 am] new reporting or other requirements Part 90 of the Commission’s Rules and BILLING CODE 6712-01-M directly or indirectly on small entities. Regulations is amended as follows: The impact, if any, will be to reduce the 1. Section 90.261 is amended by amount of paperwork, tariff filing, and revising the introductory text to read as INTERSTATE COMMERCE related activities. follows: COMMISSION We find that continued regulation of rail transportation of frozen foods under § 90.261 Assignment and use of 49 CFR Part 1039 49 U.S.C. Subchapter IV is not necessary frequencies in the band 450-470 MHz for to carry out the transportation policy of fixed operations. [Ex Parte No. 346 (Sub-15)] 49 U.S.C. 10101a or to protect shippers The following frequencies may be from the abuse of market power, that the assigned for fixed operations, on a Exemption From Regulation; Rail service is of limited scope, and secondary basis to land mobile Transportation of Frozen Food consequently that an exemption must be operations, to eligibles in the services granted under 49 U.S.C. 10505. AGENCY: Interstate Commerce This action does not significantly indicated. All such use of these Commission. affect the quality of the human frequencies for fixed systems is limited ACTION: environment or the conservation of to locations 85 or more miles (136.79 or Notice of final rules (exemption). energy resources. more km.) from the center of any List of Subjects in 49 CFR Part 1039 urbanized area of 600,000 or more SUMMARY: The Commission is population except that the distance may exempting from regulation all rail Agricultural commodities, Intermodal be 65 miles (104.6 km.), if the output transportation of frozen foods. The transportation, Railroads. power does not exceed 20 watts. All exemption is based on findings that Authority: 49 U.S.C. 10505, 5 U.S.C. 553. such fixed systems are limited to a regulation is not necessary to carry out Decided? November 30,1983. maximum of two frequencies and must the transportation policy of 49 U.S.C. By the Commission, Chairman Taylor, Vice employ directional antennas with a 10101a or to protect shippers from the Chairman Sterrett, Commissioners Andre and front-to-back ratio of at least 15 dB, abuse of market power by railroads, and Gradison. Chairman Taylor would not have except that omnidirectional antennas that the service is of limited scope. relied on Ex Parte No. 346 (Sub-Nos. 7 and 8) in approving this exemption. having unity gain may be employed for DATES: The exemption is effective on James H. Bayne, stations communicating with a minimum January 16,1984. of three receiving locations Acting Secretary. FOR FURTHER INFORMATION CONTACT: encompassed in a sector of at least 160° Appendix in azimuth. For two-frequency systems, Louis E. Gitomer, (202) 275-7245; In Title 49 of the Code of Federal the separation between transmit-receive or Regulations, § 1039.11(a) is amended by frequencies is 5 MHz. Fixed stations Gerald Proger, (202) 275-7957. adding the following commodities to the located more than 136 km. (85 miles) SUPPLEMENTARY INFORMATION: list of miscellaneous commodities from the center of urbanized areas of exempt from regulation as follows: 600,000 or more population and Additional information is contained in the Commission decision. To purchase a operating on frequencies no longer § 1039.11 Miscellaneous commodities copy of the full decision write to T. S. available for that use may continue exemptions. InfoSystems, Inc., Room 2227, Interstate ( a ) * * * indefinitely until such time as Commerce Commission, Washington, modification involving addition of new D.C. 20423, or call 289-4357 (D.C. STCC STCC tariff Commodity facilities is proposed. Such use is, Metropolitan Area) or toll free (800) 424- No. however, on a secondary basis to land 5403. mobile operations and harmful 20 12..... 6001-K, eff. 1-1- Frozen meat No comments were received on 1983. interference may not be caused to land whether this decision would have a 20 16...... do...... Frozen poultry. mobile stations. The centers of 20 24...... do...... Ice cream or related frozen significant economic impact on small desserts. urbanized areas are determined from the business within the meaning of the 20 37...... do...... Frozen fruits, vegetables, or appendix, page 226, of the U.S. fruit juices. Regulatory Flexibility Act. The 20 38...... do...... Frozen specialties. Commerce publication “Air Line Secretary of the Commission certifies 20 361...... do...... Frozen processed fish or Distance Between Cities in the United that this rule will not have a significant seafood. States.” Urbanized areas of 600,000 or economic impact on a substantial more population are defined in the U.S. number of small entities within the * * * * * Census of Population 1970, Vol. 1, table meaning of the Regulatory Flexibility [FR Doc. 83-33169 Filed 12-14-83; 8:45 am) 20, pages 1-74. Act. The purpose and effect of this rule BILLING CODE 7035-01-M Proposed Rufes Federal Register Vol. 48, No. 242 Thursday, December 15, 1983

This section of the FEDERAL R EGISTER SUPPLEMENTARY INFORMATION: On that the Commission adopt the following contains notices to the public of the September 2,1983, Mr. Ken Cross, an proposed issuance of rules and steps in its process for concurring in regulations. The purpose of these notices Assistant Attorney General for the State DOE’s siting guidelines: is to give interested persons an of Texas, on behalf of the States of 1. A DOE request for NRC opportunity to participate in the rule Texas, Wisconsin, Minnesota, Nevada concurrence on proposed guidelines making prior to the adoption of the final and Utah (“Petitioners”), petitioned the would be supported by: (a) A rules. Commission to adopt a proposed rule description of the technical rationale that would have established procedures behind the guideline objectives; (b) a full for public participation in the NUCLEAR REGULATORY description of DOE’s decision process; Commission’s concurrence in DOE’s and (c) a list of issues for which DOE COMMISSION siting guidelines for high-level wishes Commission review. radioactive waste repositories. 10 CFR Part 60 2. NRC would publish notice of receipt The Commission is mindful of the of DOE’s request along with an NRC [Docket No. PRM 60-1] importance of its role to concur in the staff review of that request Copies DOE guidelines and recognizes the States of Texas, Wisconsin, would also be provided to affected petitioners’ interest in the guidelines. States and Indian tribes. Minnesota, Nevada and Utah; Denial of However, the Commission believes that Petition for Rulemaking the opportunity for oral presentation to 3. Subsequently, the NRC staff would the Commission will provide an publish for comment a draft analysis of a g e n c y : Nuclear Regulatory the proposed guidelines. Affected States Commission. adequate opportunity for petitioners to express their concerns and for the and Indian tribes would also be asked to a c t io n : comment. Denial of Petition for Commission to understand those Rulemaking. concerns. 4. After a comment period of at least 60 days, the NRC staff would publish a s u m m a r y : The Nuclear Regulatory The benefits of oral presentation include the discipline imposed on the final analysis of the guidelines and Commission (“NRC”) or “Commission") provide copies directly to the affected denies a petition for rulemaking filed by participants to focus their concerns and the opportunity for give-and-take States and Indian tribes. The the States of Texas, Wisconsin, Commission could then offer a Minnesota, Nevada and Utah between the participants and the Commissioners. Additional opportunity discretionary public hearing on the (“Petitioners”). The Petitioners staffs final analysis. requested that the Commission amend for written comment as petitioners 10 CFR Part 60 to adopt certain propose might enlarge the body of 5. The Commission would then decide on whether or not to concur in DOE’s procedures for NRC concurrence in information before the Commission; proposed guidelines. Biting guidelines for high-level however, this fact must be weighed radioactive waste repositories proposed against the time it would take to These procedures would also apply to by the Department of Energy (“DOE”) complete the procedures in this case any DOE proposals to revise the siting pursuant to Section 112(a) of the Nuclear because the NWPA objectives include guidelines. Waste Policy Act of 1982 (“NWPA”). timeliness. On the basis of its The Commission finds that the proposed experience with rulemakings, the 1983). Thus, the Commission received Mississippi's procedures are not required by either Commission believes that the proposal too late to treat it as part of the petition. procedures could not be completed in Moreover, the State of Mississippi did not inform the NWPA or the Administrative the Commission that the NRC’s October 19,1983 Procedure Act (“APA”). The less than 9-12 months. notice of receipt of the Petitioners’ petition for Commission believes that the Therefore, given the opportunity for rulemaking made no mention of the State of petitioners’ concerns regarding public oral and written presentation to the Mississippi’s September 13,1983 letter. In any event, the Commission believes that publication of the participation in the Commission’s Commission, the record of public participation before DOE, and the State of Mississippi’s proposal would not have c°^currence process will be adequately significantly affected the comments received. addressed by the previously announced interest in a timely (and fair) Indeed, the Southwest Research Information opportunity to publicly address the concurrence process, the Commission Council, Serious Texans Against Nuclear Dumping denies the petition. and People Opposed to Wasted Energy Repository Commission on DOE's proposed commented on the State of Mississippi’s proposal. guidelines. 48 FR 39536 (August 31, The Petition In considering these comments, the Commission treated Mississippi’s proposal as a comment on the The text of Petitioners’ proposed rule petition. The Commission's decision to deny the A°!?RESSES: C °Pies ° f correspondence appears at 48 FR 48473-74 (October 19, petitioners’ petition does not depend on the fine- and documents cited below are 1983). 1 Essentially, Petitioners proposed tuning of procedural proposals. Rather, it is based available for public inspection at the on the Commission’s determination that the ommission’8 Public Document Room at proposed procedures are not legally required and 1 Attached to the comment submitted by the would result in delay contrary to the public interest. 17 H Street, NW., Washington, DC, Department of Energy and Transportation of the Under these circumstances, the Commission FOR FURTHER INFORMATION CONTACT: State of Mississippi is a copy of a letter to the determined that Mississippi's suggestion could be Mr. Sheldon L. Trubatch, Office of the Commission dated September 13,1983 giving notice addressed without publication, especially in light of of that State's intent to join the State of Texas as a the Commission’s having the benefit of comments general Counsel, U.S. Nuclear co-petitioner and suggesting a modification to the supporting that suggestion. Because the State of ?t0ry Commission, 1717 H Street, proposed rule to add a public hearing on any NRC Mississippi’s proposal would have added even more draft analysis of DOE's guidelines. The Commission 3224’ Washin8ton* DC- 20555, (202)-634- procedures to the NRC’s concurrence process, those has no record of receiving that letter before it additional procedures must also be rejected for the received Mississippi’s comment (dated November 1, same reasons. 55746 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Proposed Rules

Bases for Request characterization of high-level waste separate NRC rulemaking on DOE has notified three of the repositories. Petitioners also believe that ■ concurrence would be redundant, time- petitioners, the States of Texas, Nevada their proposed procedures would be consuming and wasteful of resources. and Utah, that they have within their useful because they would apply also to DOE noted that its extensive public borders one or more potentially any proposed amendments to the siting comment process on the guidelines has acceptable sites for the first high-level guidelines. already aired the issues which the Commission will consider in radioactive waste repository. These Comments on the Petition States believe that this circumstance determining whether to concur in those provides them with an interest in a On October 19,1983 the Commission guidelines. And Duke noted that DOE formalized mechanism by which they published the text of the petition and a has provided all those public comments can participate in the NRC concurrence request for comments on it in the to the Commission. Accordingly, these process. DOE has informed the other Federal Register, 48 FR 48473. Although commenters concluded that Petitioners’ two petitioners, the States of Wisconsin the comment period closed on proposed procedures were neither and Minnesota, that they are potential November 2,1983, the notice provided necessary nor desirable because they candidates for a second waste that late comments would be considered were redundant.3 repository. Accordingly, these States are if it was practical to do so. The Ten commenters supported the also interested in participating in the Commission received 17 letters of proposed rule: the Yakima Indian NRC’s concurrence in DOE’s guidelines comment in response to the notice, Nation; the State of Mississippi and in any proposed amendments to including one late comment that it was Department of Energy and those guidelines. able to consider.2 Transportation; the Natural Resources Petitioners discussed three reasons Seven commentera opposed the Defense Council (“NRDC”); Hector & supporting their belief that the NRC proposed rule: the American Nuclear Associates representing Serious Texans should adopt the proposed formalized Energy Counsel ("ANEC”); the Atomic Against Nuclear Dumping and People concurrence procedure: (1) The Industrial Forum’s Subcommittee on Opposed to Waste Energy Repository procedures will promote NRC’s High-Level Radioactive Waste (“AIF”); (“STAND/POWER”); POWER; the distinctive role under the NWPA; (2) the Edison Electric Institute joined by Southwest Research and Information NRC concurrence is rulemaking or its the Utility Nuclear Waste Management Center (“SRIC”); the Nebraska Energy equivalent; and (3) the procedures are Group (“EEI/UNWMG”); Duke Power Office; Citizen Alert; the State of familiar and useful. Company (“Duke”); the U.S. Department Wisconsin Department of Justice; and 1. The Procedures W ill Promote of Energy (“DOE”); Middle South the Texas House-Senate Joint Study NRC’s Role Under NWPA. Petitioners Services, Inc. (“MSS”j; and Carolina Committee on Hazardous Waste contend that the NRC’s concurrence role, Power and Light Company (“CP&L”). Disposal. Several of these commenters under the NWPA indicates a ANEC, the AIF and MSS contended contended that concurrence is congressional intent to attach special that the NWPA does not require or rulemaking.4 They also stated that the significance to NRC’s concurrence in support the proposed procedures. MSS proposed procedures would provide a DOE’s siting guidelines. Petitioners stated its belief that if Congress had better procedural framework than a believe that their proposed rule will wanted formal rulemaking procedures public hearing for informing the promote that congressional intent. for NRC concurrence it would have Commission of the public’s concerns.5 Petitioners also contend that their required such procedures. Because proposed rule is a necessary and Congress did not so provide, MSS and 3 DOE also stated that NRC concurrence is desirable means for promoting the ANEC concluded that such procedures required by the end of 1983 if DOE is to meet the would contradict Congress’ intent that statutory deadline of January 1,1985 for NRC’s distinctive role in developing the recommending three sites to the President for guidelines. They argue that by providing the guidelines be established characterization. While the Commission recognizes for public participation in the expeditiously only 180 days after DOE’s legitimate desires to conform to time concurrence process, the proposed rule enactment of the NWPA. EEI/UNWMG schedules in the NWPA, DOE’s position is not and CP&L believe that the public properly included in the bases for the Commission’s will help to ensure that the siting decision. The Commission’s decision here cannot be guidelines reflect NRC policies because meeting which the Commission has based on the assumption that it will concur in the public will have an opportunity to stated it will hold prior to a decision on DOE’s guidelines by any particular time. point out inconsistencies between the concurrence serves to promote the 4 The State of Wisconsin Department of Justice NRC’s distinctive role under the NWPA took the position that unlike the petition by the guidelines and NRC’s technical licensing Yakima Indian Nation, adoption of the procedures regulations. as well as the Petitioners’ need to proposed by this petition does not depend on the 2. NRC Concurrence is Rulemaking or present their views directly to the conclusion that the Commission’s concurrence is its Equivalent. Petitioners contend that Commission. rulemaking. Rather, Wisconsin stated that this Most commenters opposing the petition is premised on the State’s belief that the act of concurrence or non­ formalized procedures are necessary to ensure concurrence is an act of rulemaking petition noted that the Commission, in public participation in the NRC's concurrence subject to the notice and comment response to a similar petition filed by process. As discussed in this decision, such procedures of the APA. In Petitioners’ the Yakima Indian Nation, had already formalized procedures are not legally necessary, are rejected the contention that concurrence not required in light of the Commission’s previous view, NRC’s concurrence is an act of decision to permit public participation in the adoption of DOE’s guidelines sufficient was rulemaking for the purposes of the concurrence process, and are not desirable because to make them an NRC rule. Accordingly, APA. They also contended that a they would unnecessarily delay the concurrence Petitioners believe that their proposed process. rulemaking procedures would satisfy the 3 The Commission also received 3 mailgrams from 5 SRIC and STAND/POWER also suggested that private citizens in Mississippi who stated their the Commission distribute directly to«nterested NRC’s obligations under the APA to support for the petition submitted by the members of the public any NRC staff analysis of conduct a rulemaking on concurrence. Department of Energy and Transportation of the DOE’s guidelines, and Citizen Alert suggested that 3. The Procedures are Familiar and State of Mississippi. As noted above, the the NRC hold public hearings in DOE target States. U seful. Petitioners believe that their Commission is denying that petition as well because As discussed above at note 2, the Commission's it requested procedures beyond those that the decision does not depend on fine-tuned procedural procedures closely-resemble those in 10 Commission has already determined are proposals. Rather, the Commission has found CFR 60.11 for NRC oversight of DOE site unnecessary and contrary to the public interest. Continued Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Proposed Rules <55747

This is especially so because they The Petitioners also appear to believe adequate opportunity for public believe that DOE has made numerous that their request for formal procedures participation. As for utility, Petitioners’ material changes to the proposed is supported by thé special role of argument is that these procedures could guidelines since the last opportunity for potential host States under the NWPA. be applied to any proposed amendments public comment to DOE. NRDC believes That Act does give potential host States to the siting guidelines. The Commission that DOE’s most recent changes to the special consideration in specific steps of believes it would be premature to guidelines warrant an opportunity to the repository development process. But establish procedures now for NRC provide written comments to the nothing in the NWPA suggests th at. concurrence in any amendments to the Commission. Some commenters believe these States have a special role in the guidelines. Before doing so, the that the proposed procedures would NRC concurrence process that would Commission would want to evaluate the promote NRC’s distinctive concurrence mandate the use of formal procedures. effectiveness of the procedures used in role under the NWPA, and would Petitioners further suggest that their determining whether to concur in the guarantee public participation in that proposed procedures will help to ensure guidelines. If and when DOE proposes concurrence. STAND/POWER, SIRC, that the guidelines reflect NRC policies amendments to the guidelines, the and the State of Wisconsin Department and are consistent with NRC rules. The Commission will then determine what of Justice urged that the establishment Commission believes that the primary procedures may be appropriate for its of these procedures now would provide purpose of public comments is to help concurrence process. a consistent procedure for the the NRC formulate its policy rather than Finally, the Commission believes that Commission’s consideration of to determine consistency of the the forthcoming public meeting on the modifications to the guidelines. These guidelines with NRC regulations. proposed guidelines and written commenters believe that such However, as discussed below, at the comment period on the Commission’s modifications will be necessary after public meeting the Commission will also proposed concurrence decision will EPA promulgates final repository entertain comments on the consistency provide an adequate forum for public standards under Section 112(a) of the of DOE's siting guidelines with the NRC’s requirements in 10 CFR Part 60. participation in the Commission’s NWPA and before the guidelines can be concurrence process. Neither the applied to the second repository. Because both of these purposes can be accommodated at the public meeting, Petitioners nor the commenters have Commission Decision there is no need for the lengthier, more provided any basis for reaching a contrary conclusion. Even if, as some For the following reasons, the formal concurrence procedures proposed in the petition. commenters claim, DOE has materially Commission denies the Petitioners’ changed the guidelines since last request for rulemaking. For these reasons, the Commission finds that nothing in NWPA supports soliciting public comment, the 1. NRC’s Role Under NWPA Petitioners’ proposal. participants in the Commission’s meeting will have time to study DOE’s There is no doubt that Congress’ 2. NRC Concurrence As Rulemaking final proposed guidelines before meeting upgrading the NRC’s rolé from The NRC has already considered and with the Commission. In addition, the consultation to concurring in the rejected this proposition in its response NRC, in a companion Federal Register guidelines indicates a congressional to the petition by the Yakima Indian notice published elsewhere in today’s intent to create a special role for the Nation. 48 FR 39536 (August 31,1983). Federal Register, setting the schedule for NRC in the promulgation of DOE’s siting Neither the Petitioners nor any the public meeting with the Commission, guidelines. However, Petitioners have commenter has provided any additional has identified the issues that the NRC failed to identify any basis for their support for this proposition. staff believes are important to the belief that their proposed rule will Accordingly, the Commission finds no Commission’s decision. For the most promote that congressional intent. If basis for reconsidering its previous part, these issues are familiar to the Congress had wanted the concurrence decision rejecting this proposition as participants in DOE’s rulemaking process to be a public rulemaking, it unfounded. proceeding because the NRC has raised could have easily so required.6 Rather, them before in its comments. Of course, Congress gave DOE 180 days to develop 3. Familiarity and Usefulness of the participants may also raise any other Procedures siting guidelines and to obtain the NRC’s issues they believe that the Commission concurrence in them. This schedule Petitioners’ contention that the should consider. Moreover, the expresses a clear congressional intent proposed procedures are familiar does Commission has agreed to issue for that the guidelines were to be completed not support the adoption of those public comment its proposed decision expeditiously. Since concurrence is only procedures in the absence of a showing regarding concurrence in the DOE the final stage of the lengthier process of of necessity or utility.7 These procedures guidelines. Thus, the public will have developing the guidelines, Congress are not the only means for public ample opportunity to bring to the could not have intended the NRC’s participation in the concurrence process; Commission’s attention any perceived concurrence process to be a lengthy other less time-consuming and less problems with DOE’s final version of the public proceeding. complex procedures, such as the guidelines and to address the issues established public meeting, provide uniquely of concern to the Commission contrary to the public interest any elaborate in its concurrence role. procedures that would unduly delay its decision on 7 Petitioners’ proposal is also undesirable because whether to concur in DOE’s guidelines. Moreover, it would interfere with the staffs role as advisor to Denial the Commission has recently requested prospective the Commission by requesting third-party comment participants in the public meeting on the guidelines on its decisions. But the staff has the principal After carefully considering the |o identify their representatives. 48 FR 50432 expertise to evaluate DOE’s proposals and the petition and comments on it, the (November!, 1983). Any persons who will not be Commission intends to use the staffs evaluation as able to attend that meeting will still have an Commission, for reasons stated above, a basis for its decision. Thus, the Commission hereby denies the petition for opportunity to express their views by submitting believes that the staff should remain an integral part them to those representatives. of the agency decisionmaking team and should rulemaking in Docket No. PRM 60-1. The for example, Section 404 of the Department participate directly in advising the Commission on Commission believes that it can best of Energy Organization Act of 1977,42 U.S.C. 7174. whether to concur. implement Congress’ intent for the 55748 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Proposed Rules expeditious promulgation of siting contended that NOAA regulations at 15 written comments by one or more of the guidelines and provide for public CFR 928.4 implementing Section 312(b) means listed below stating its response participation by providing the informal are inadequate. in the final evaluation findings: public meeting announced in response FOR FURTHER INFORMATION CONTACT: (i) Reduce financial assistance for to the Yakima Petition. Mary O’Connell, Policy Coordination failure to make significant improvement. A copy of the petition for rulemaking Division, Office of Ocean and Coastal (ii) Withdrawal of program approval and copies of the letters of comment and Resource Management, 3300 and financial assistance. of the Commission’s letter of denial are Whitehaven Street NW., Washington, (iii) Supplement, improve or modify its available for public inspection at the D.C. 20235 (202) 634-4249. findings. Commission’s Public Document Room at SUPPLEMENTARY INFORMATION: (iv) Explain why the comments do not 1717 H Street, NW., Washington, D.C. warrant further agency response, citing Although Commissioner Asselstine I. Authority the sources, authorities, or responses agrees with the denial of the petition, he The petition for rulemaking was which support the Assistant would have preferred a somewhat considered in accordance with the Administratior’s position and, if different approach for obtaining public procedures in the NOAA Directives appropriate, indicate those comments than that adopted by the Manual at Chapters 21-24, Section 14, circumstances which would trigger Commission. Commissioner Asselstine and Section 4(d) of the Administrative agency reappraisal or further response. would have required the NRC staff to Procedure Act (5 U.S.C. 553(e)). 15 CFR 928.4 should be amended by prepare and make available for public adding new subpart (b)(4) as follows: comment the staffs evaluation of the II. Issue (4) All substantive written comments DOE guidelines and its recommendation Section 312(b) of the Coastal Zone received on the evaluation (or on the Commission’s concurrence Management Act, as amended, states summaries thereof where the response decision before the Commission’s public that: has been exceptionally voluminous) meeting. He believes that this approach For the purpose of making the should be attached to the final would have provided a more focused evaluation of a coastal state’s evaluation findings whether or not the basis for comments by the participants performance, the Secretary shall comment is thought to merit individual in the public meeting and would have conduct public meetings and provide discussion by the agency in the final provided a more meaningful opportunity opportunity for oral and written evaluation findings. for public participation in the NRC comments by the public. Each such 15 CFR 928.4 should be amended by concurrence process. evaluation shall be prepared in report amending and renumbering existing Commissioner Gilinsky concurs in the form and the Secretary shall make subpart (b)(3) as (b)(5) as follows: result and agrees with Commissioner copies thereof available to the public. (5) Notice of the availability of final Asselstine’s comment. NOAA regulations at 15 CFR 928.4(b) findings to the public upon request will Dated at Washington, D.C., this 9th day of require that: be published in the Federal Register and December, 1983. (1) The Assistant Administrator will a copy will be sent to those submitting U.S. Nuclear Regulatory Commission. publish a Notice of Intent to Evaluate in written comments during the evaluation. Samuel J. Chilk, the Federal Register at least 45 days III. Summary of Significant Comments before the public meeting(s). The notice Secretary of the Commission. on the Notice of Petition for Rulemaking will include a statement of the [FR Doe. 83-33255 Filed 12-14-83; 8:45 am) and N O AA’s Responses BILLING CODE 7590-01-M availability of the State’s performance report and the supplemental information A notice of petition for rulemaking request was published on pages 41180 and 41181 DEPARTMENT OF COMMERCE (2) Each State will issue a notice of of the Federal Register of September 14, the public meeting(s) on its evaluation in 1983, and invited comments for 30 days National Oceanic and Atmospheric the newspapers) of largest circulation ending October 14,1983. Comments Administration in the coastal area where the meeting(s) were received from 19 sources including is being held or take other reasonable 3 Members of Congress (all from the 15 CFR Part 928 action to inform the interested public, State of Washington); 5 coastal states such as sending a notice of the (, Maryland, Michigan, Petition by Friends of the Earth and meeting(s) to persons on its mailing list v Mississippi and Washington); 8 interest Others To Further Implement Section and publishing a notice in its newsletter, groups (Coastal States Organization, 312(b) of the Coastal Zone at least 15 days before the date of the Friends of the Earth, League of Women Management Act public meeting(s). The State will inform Voters—2 responses, Oregon Shores a g e n c y : National Oceanic and the public that oral or written comments Conservation Coalition—2 responses, i Atmospheric Administration (NOAA), will be accepted and that attendance at Atlantic Richfield Co., and Middle South Commerce. the public meeting(s) is not necessary Services, Inc.); and 3 private citizens (1 from Kansas and the other 2 from the a c t io n : Denial of petition for for submission of written comments. rulemaking. (3) Notice of the availability of final State of Washington). All comments findings to the public upon request will received are on file at the Office of s u m m a r y : The National Ocean Service bè published in the Federal Register. Ocean and Coastal Resource of the National Oceanic and The petition proposed additional Management and are available at that Atmospheric Administration has denied rulemaking as follows: office for review upon request. the petition for rulemaking submitted by 15 CFR 928.4 should be amended by Comments received in support of the the Friends of the Earth Snd six other revising subpart (b)(3) as follows: petition centered around four themes: groups requesting issuance of (3) The Assistant Administrator shall (1) Lack of notice of the public regulations to further implement Section assess and consider all oral and written meeting. 312(b) of the Coastal Zone Management comments both individually and Response: The law states that “* Act, as amended. The petitioners collectively, and shall respond to The Secretary shall conduct public

/ Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Proposed Rules 55749 meetings and provide opportunity for Evaluations serve a different purpose s u m m a r y : The Food and Drug oral and written comments to the than the preparation of NEPA Administration (FDA) is offering to public." NOAA believes that its existing documents; they are a program review, interested persons an opportunity to regulations provide adequate notice of not a clarification of environmental review the “Recommended International public meetings and the opportunity for effects of “major Federal actions.” In Individual Standard for Cottage Cheese, public comment. A notice of intent to light of the significant differences Including Creamed Cottage Cheese” evaluate is published in the Federal between NEPA and NOAA’s state (Codex standard No. C-16) and to Register at least 45 days prior to the« program review, there is no justification comment on the desirability of and need public meeting and either a notice is for the increased paperwork, the delay for amending the U.S. standards of published in a state’s newspaper of in issuing final findings, and the identity for cottage cheese and dry curd largest circulation in the coastal area increased administrative burden on the cottage cheese to affect consistency where the meeting is scheduled to be States that would result from patterning with the Codex standard. The Codex held or other reasonable action is taken the evaluation process on the NEPA standard was submitted to the United to inform the interested public, such as process. States for consideration of acceptance sending a notice of the meeting(s) to Commentors opposed to the petition by the Food and Agriculture persons on its mailing list and cited delay in the issuance of the Organization/World Health publishing a notice in its newsletter at findings; the addition of administrative Organization’s Committee of least 15 days before the date of the and printing costs; and a burdensome Government Experts on the Code of public meeting. Interested parties are procedure with little additional benefits Principles Concerning Milk and Milk free to make direct inquiry to the Office as their reasons for oppostition. Products, a subsidiary body of the of Ocean and Coastal Resource IV. Denial of Petition. Codex Alimentarius Commission. If the Management of the state coastal comments received do not support the management program as to public NOAA has denied the petition. NOAA need to amend the U.S. standards of meeting dates. believes that its rules are sufficient to identity for these foods, FDA will not (2) No serious consideration is given * provide the opportunity for open public propose their amendment. to public comments. participation in the evaluation process DATE: Comments by February 13,1984. R esponse: NOAA considers all and fulfill the intentions of the statute. comments received at the public The requested rulemaking would ADDRESS: Written comments, data, or meetings in the preparation of increase paperwork, increase costs and other information to the Dockets evaluation findings; however, it has delay the issuance of final findings. Management Branch (HFA-305), Food been our policy not to mention names or With the exception of one commentor and Drug Administration, Rm. 4-62, 5600 attribute a suggestion to any individual (from Kansas), all other commentors Fishers Lane, Rockville, MD 20857. or group. NOAA views the purpose of supporting the petition were from the FOR FURTHER INFORMATION CONTACT: the public meetings as an opportunity to states of Washington and Oregon. Eugene T. McGarrahan, Bureau of Foods discuss the state’s coastal management Therefore, the concerns of the (HFF-215), Food and Drug accomplishments, issues, and future petitioners appear to be regional in Administration, 200 C St. SW., endeavors. NOAA’s role at the public nature. NOAA does not believe that it is Washington, DC 20204, 202-245-1155. meeting is not to defend the state’s appropriate to resolve regional concerns SUPPLEMENTARY INFORMATION: The actions nor to provide a direct reaction on a national basis. to each individual’s testimony. As a Food and Agriculture Organization matter of course, each comment is (Federal Domestic Assistance Catalog 11.419 (FAO) and the World Health reviewed as part of the evaluation Coastal Zone Management Program Organization (WHO) jointly sponsor the Administration) process. Public comments are Codex Alimentarius Commission, which considered in conjunction with all the Dated: December 9,1983. conducts a program for developing other relevant information on a state’s William Matuszeki, worldwide food standards. Codex program’s performance. Substantive Acting Deputy, Assistant Administrator for standards for milk and milk products, comments have been used in the Ocean Services and Coastal Zone including the standard for cottage development of findings and Management. cheese, are developed by the FAO/ recommendations. [FR Doc. 83-33317 Filed 12-14-83; 8:45 am] WHO Committee of Government (3) Automatic distribution of draft and BILLING CODE 3510-08-M Experts on the Code of Principles final findings to those who have Concerning Milk and Milk Products, a submitted written comments. subsidiary body of the Codex Response: NOAA’s regulations DEPARTMENT OF HEALTH AND Alimentarius Commission. Under the provide that a notice of the availability HUMAN SERVICES FAO/WHO program, a large number of of final findings to public upon request food standards have been developed Food and Drug Administration is published in the Federal Register. and submitted to governments for Individuals are free to contact the Office 21 CFR Part 133 acceptance. of Ocean and Coastal Resource As a member of the Codex Management or the states for copies of [Docket No. 83N-0367] Alimentarius Commission, the United the final findings. A copy of the draft States is under treaty obligation to findings will be provided upon request Cottage Cheese and Dry Curd Cottage consider all Codex standards for after the state has received its copy. Cheese; Advance Notice of Proposed acceptance. The rules of procedure of (4) Evaluation process should be Rulemaking on the Possible the Codex Alimentarius Commission similar to the NEPA process. Amendment of the U.S. Standards of state that a Codex standard may be R.esponse: Neither the statute nor the Identity accepted by a participating country in legislative history of the Coastal Zone AGENCY: Food and Drug Administration. one of three ways: Full acceptance, Management Act indicate that the target acceptance, or acceptance with a c t i o n : Advance notice of proposed evaluation process was intended to be specified deviations. A commitment to rulemaking. similar to the NEPA process. accept at a designated future date 55750 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Proposed Rules constitutes target acceptance. A standards of identity for cottage cheese alternative “directly set” method for country’s acceptance of a Codex and dry curd cheese in 21 CFR 133.128 curd formation througth the use of standard signifies that, except as and 133.129, respectively. certain food grade acids, with or without provided for by specified deviations, a Because of the large number of the addition of D-Glucono-delta-lactone, product that complies with the Codex countries, often with diverse food that is not provided for in the Codex standard may be distributed freely regulations, which are associated with standard. within the accepting country. A the development of Codex standards, Under § 130.6(c), all persons who wish participating country which concludes certain provisions of the Codex to submit comments are encouraged and that it will not accept a Codex standard standards may not be consistent with requested to consult with different is requested to indicate the ways in aspects of U.S. policy and regulations. interested groups (consumers, industry, which the requirements of the The Codex standard specifies academic community, professional nonaccepting country differ from the sampling methods by which compliance organizations, and others) in formulating recommended international standard. with certain provisions is to be their comments, and to include a Member nations of the FAO/WHO determined. As stated in 21 CFR 2.19, it statement of any meetings or Codex Alimentarius Commission are is FDA’s policy to employ the methods discussions that have been held with requested to notify the Technical in the latest edition of “Official Methods other groups. Secretary, Committee on the Code of of Analysis of the Association of List of Subjects in 21 CFR Part 133 Principles Concerning Milk and Milk Official Analytical Chemists,*’ when Products, Animal Production and Health these are available, in preference to Cheese; Food standards. Division, FAO, Rome, Italy, of their other methods. FDA will adhere to this The Codex standard under decision. Should a sufficient number of policy in any amendments to the U.S. consideration is as follows: governments accept the standard, the standards of identity proposed pursuant Recommended International individual Secretariat of the Committee will notify to this notice. Standard for Cottage Cheese, Including the Codex Alimentarius Commission For the benefit of interested persons Creamed Cottage Cheese (Codex and request the publication of the who may wish to submit comments Standard No. C~16) standard by the Codex Alimentarius relative to this notice FDA points out Commission as a worldwide standard in that the following major differences 1. Designation of cheese light of acceptances received. exist between the Codex standard for Cottage Cheese, or in the case of a For the United States to accept some cottage cheese, including creamed cheese conforming to the additional or all of the provisions of a Codex cottage cheese and the U.S. standards requirements therefor, Creamed Cottage standard for any food to which the for cottage cheese and dry curd cottage Cheese. Federal Food, Drug, and Cosmetic Act cheese: 2. Depositing country (the act) applies, it is necessary either to (1) The Codex standard, in section 1, United States of America establish a U.S. standard under provides for two foods—cottage cheese 3. R aw m aterials authority of section 401 of the act (21 and creamed cottage cheese—which are 3.1 Kind of milk: pasteurized U.S.C. 341), or to revise an existing essentially the same as dry curd cottage skimmed cow’s milk standard to incorprate the provisions cheese in § 133.129 and cottage cheese 3.2 Authorized additions within the U.S. standard. At present the in § 133.128, respectively. —cultures of harmless lactic acid and United States has standards of identity (2) The Codex standard does not aroma producing bacteria (starter) for cottage cheese and dry curd cottage establish a maximum or minimum fat —rennet or other suitable coagulating cheese in § § 133.128 and 133.129 (21 CFR content for cottage cheese (the agents 133.128 and 133.129), which differ in ‘uncreamed curd) while the U.S. —sodium chloride some respects from the Codex standard. standard for dry curd cottage cheese in —calcium chloride, max. 0.02% by Under the procedure prescribed in 21 paragraph (a) establishes a maximum weight of the milk use1 CFR 130.6(b)(3), FDA is providing an fat content of not more than 0.5 percent. —water opportunity for review and informal (3) The Codex standard, in section 3, 3.3 Creaming mixture for creamed comment on (1) the desirability of specifies the optional ingredients which cottage cheese which must be amending the U.S. standards of identity may be used in the manufacture of pasteurized and may contain: for cottage cheese and dry curd cottage cottage cheese and in the creaming 3.3.1 Dairy ingredients cheese, (2) the specific provisions of the mixture for creamed cottage cheese. It —cream Codex standard, (3) additional or also specifies the maximum levels for —skimmed milk different requirements that should be in certain functional ingredients. The U.S. —condensed milk* the U.S. standards of identity, and (4) standard for cottage cheese in —nonfat dry milk* any other pertinent points. paragraph (b) of § 133.128 provides for —dry milk protein* FDA advises that if comments the use of safe and suitable ingredients received do not support the need to ’ in the creaming mixture* including but 3.3.2 Other permitted additions amend the U.S. standards of identity, no not limited to, milk and substances —cultures of harmless lactic acid and amendment will be proposed. If this derived from milk. It further provides aroma producing bacteria (starter) decision is reached, the Technical that any ingredients used that are not —rennet or other suitable coagulating Secretary for the Committee on the Code derived from milk shall serve a useful enzymes of Principles Concerning Milk and Milk function other than building the total —sodium chloride Products will be informed of the solids content of the finished food, and —lactic acid 4 differences between the Codex and U.S. shall be used in a quantity not greater —citric acid 4 requirements and that imported foods than reasonably required to accomplish —phosphoric acid 4 may move freely in interstate commerce their intended effect. —sodium caseinate* in this country, providing they comply (4) The U.S. standard for dry curd —ammonium caseinate* with the applicable U.S. laws and cottage cheese in paragraph (b)(1) (ii) —calcium caseinate* regulations which include the U.S. and (iii) of § 133.129 provides for an —potassium caseinate* Federal Register / Vol, 48, No. 242 / Thursday, December 15, 1983 / Proposed Rules 55751

—stabilizing ingredients as follows: ** lactic acid bacteria with or without the ingredients used that are not derived —carob been gum 1 addition of a small amount of a from milk shall serve a useful function —guar gum1 coagulating enzyme other than building the total solids —gum karaya 1 5.2 Other principal characteristics content of the finished food, and shall —gum tragacanth1 5.2.1 Curd is cut into cubes be used in a quantity not greater than is —calcium sulphate 4 approximately 7-15mm. depending on reasonably required to accomplish their —carrageman or its salts 4 whether small or large type of curd is intended effect. The creaming mixture —furcelloran or its salts4 desired shall be pasteurized; however, heat —gelatin 5.2.2 During cooking, the curd is labile ingredients, such as bacterial —lecithin1 stirred slowly and gently to avoid starters, may be added following —alginic acid or its salts 1 damage to the cubes and to produce the pasteurization. —propylene glycol ester of alginic desired body and texture (c) The name of the food consists of acid (alginderivative)4 5.2.3 After cooking the curd is the following two phrases which shall —cellulose gum (CAC)4 washed with water to remove excess appear together: acid. The curd is then drained —carrier for stabiliser as follows: ** (1) The words “cottage cheese” which 5.2.4 Salt may be added to the shall appear in type of the same size and —sugar finished curd or, in the case of creamed style. —dextrose cottage cheese, to the creaming mixture —com syrup solids 5.2.5 In the case of creamed cottage (2) The statement “not less than------—dextrine cheese, sufficient creaming mixture is percent milkfat” or “------percent milkfat —glycerine 4 added and mixed with the curd particles minimum”, the blank being filled in with —1,2 propylene glycol 4 to meet the minimum fat requirements the whole number that is closest to, but and not exceed the maximum moisture does not exceed, the actual fat content 1 Endorsed by the Codex committee on Food of the product. This statement of fat Additives (CCFA). content of the finished product 4 To be considered by the CCFA. 6. Sampling and analysis content shall appear in letters not less 6.1 Sampling: sample bulk containersthan one-half of the height of the letters ‘ Weight of solids of those ingredient added (minimum 2 kg.) by stirring entire in the phrase specified in paragraph singly or in any combination, not to exceed contents thoroughly so that all portions (c)(1) of this section, but in no case less 3% by weight of the creaming mixture. of the cheese are reached and uniformly than one-eighth of an inch in height. “ The solids added by the stabilizing mixed. Remove portions with a spoon to (d) When the optional process ingredients, possibly including the carrier, described in § 133.129(b)(1) (ii) or (iii) is shall not exceed 0.5 % by weight of the fill a container approximately 500 grams; creaming mixture. close tightly, place under refrigeration used to make the cottage cheese dry immediately. For consumer size curd used in cottage cheese, the label Principal characteristics of the 4. packages one or more units of one litre shall bear the statement “Directly set” cheese ready for consumption or less may be used to obtain a 500 or “Curd set by direct acidification”. 4.1 Type: a soft unripened, acid- grams sample Wherever the name of the food appears coagulated curd having discrete curd 7. Marking and labelling on the label so conspicuously as to be particles of relatively uniform size and Only cheese conforming with this seen under customary conditions of in the case of creamed cottage cheese standard may be designated “Cottage purchase, the statement specified in this covered with a creaming mixture. Cheese” or "Creamed Cottage Cheese” paragraph, showing the optional process 4.2 Shape (size of curd): individual as appropriate. It shall be labelled and used, shall immediately and granules, comparatively uniform, from conformity with the appropriate sections conspicuously precede or follow such approximately 3-12mm. depending on of Article 4 of FAO/WHO Standard A.8, name without intervening written, whether small or large type curd is “General Standard for Cheese” printed, or graphic matter. desired. The label may include a statement as (e) The common or usual name of 4.3 Dimensions and weights: sold in to the desirability of keeping the product each of the ingredients used in the food containers of varying capacity. under refrigeration shall be declared on the label as 4.4 Rind: none For the convenience of the reader, required by the applicable sections of 4.5 Body FDA is also including the texts of the Part 101 of this chapter, except that: 4-5.1 Texture: Soft granules or, in the existing standards of identity for cottage (1) Concentrated milk, dried milk, and case of creamed cottage cheese, soft. cheese and dry curd cottage cheese reconstituted milk prepared by addition 4.5.2 Colour: natural white without which are as follows: of water to concentrated milk or dried add colour or, in the case of creamed milk may be declared as “milk”. § 133.128 Cottage cheese. cottage cheese, natural white to light (2) Concentrated skim milk, nonfat dry cream without added colour. (a) Cottage cheese is the soft uncured milk, and reconstituted skim milk 4.6 Holes: none cheese prepared by mixing cottage prepared by addition of water to 4.7 Minimum fat content of the cheese dry curd with a creaming mixture concentrated skim milk or nonfat dry product: as provided in paragraph (b) of this milk may be declared as “skim milk”. (a) cottage cheese: none section. The milkfat content is not less (3) Bacterial cultures may be declared (b) creamed cottage cheese: 4% than 4 percent by weight of the finished by the word “cultured” followed by the 4.8 Maximum moisture content: 80% food, within limits of good name of the substrate, e.g, “made from 4.9 Other principal characteristics: manufacturing practice. The finished cultured skim milk”. the flavour is bland to mild, typical of a food contains not more than 80 percent (4) Milk-clotting enzymes may be milk product cultured with lactic acid of moisture, as determined by the declared by the work “enzymes”. and aroma producing bacteria; the method prescribed in § 133.129(a). cheese is sold as fresh uncured cheese (b) Tire creaming mixture is prepared § 133.129 Dry curd cottage cheese. 5. Method of manufacture from safe and suitable ingredients (a) Cottage cheese dry curd is the soft 5.1 Method of coagulation: the including, but not limited to, milk or uncured cheese prepared by the coagulation is produced by the action of substances derived from milk. Any procedure set forth in paragraph (b) of 55752 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Proposed Rules this section. The finished food contains milk, and nonfat dry milk. If seen in the office above between 9 a.m. less than 0.5 percent milkfat. It contains concentrated skim milk or nonfat dry and 4 p.m., Monday through Friday. not more than 80 percent of moisture, as milk is used, water may be added in a Any comments submitted in support determined by the method prescribed quanity not in excess of that removed of amending the U.S. standard of under “Moisture—Official,” on page 272 when the skim milk was concentrated or identity for cottage cheese and dry curd of "Official Methods of Analysis of the dried. cottage cheese should be supported by Association of Official Analytical (3) For the purposes of this section the appropriate information and data Chemists,” 11th Ed. (1970), which is term “skim milk” means the milk of regarding impact on small businesses incorporated by reference. Copies are cows from which the milk fat has been consistent with the provisions of the available from the Division of Food * separated, and “concentrated skim Regulatory Flexibility Act (Pub. L. 96- Technology, Bureau of Food (HFF-210), milk” means skim milk from which a 354). (Executive Order 12291 does not Food and Drug Administration, 200 C St. portion of the water has been removed apply to regulations issued in SW., Washington, DC 20204, or by evaporation. accordance with the formal rulemaking available for inspection at the Office of (c) The name of the food consists of provisions of the Administrative the Federal Register, 1100 L St. NW., the following two phrases which shall Procedure Act (5 U.S.C. 556, 557). Food Washington, DC 20408. appear together: standards promulgated under 21 U.S.C. (b)(1) One or more of the diary (1) The words “cottage cheese dry 341 and 371(e) fall under this ingredients specified in paragraph (b)(2) curd” or alternatively "dry curd cottage exemption.) of this section is pasteurized; calcium cheese” which shall all appear in type of Dated: December 2/1983. chloride may be added in a quantity of the same size and style. Richard }. Ronk, not more than 0.02 percent (calculated (2) The words “less than Vz% milkfat” as anhydrous calcium chloride) of the which shall all appear in letters not less Acting Director, Bureau of Foods. weight of the mix; thereafter one of the than one-half of the height of the letters [FR Doc. 83-33300 Filed 12-14-83; 8:45 am] following methods is employed: in the phrase specified in paragraph BILLING CODE 4160-01-M (1) Harmless lactic-acid-producing (c)(1) of this section, but in no case less bacteria, with or without rennet and/or than one-eighth of an inch in height. other safe and suitable milk-clotting (d) When either of the optional 21 CFR Part 133 enzyme that produces equivalent curd processes described in paragraph formation, are added and it is held until I Docket No. 83N-0365] (b)(1) (ii) or (iii) of this section is used to it becomes coagulated. The coagulated make cottage cheese dry curd, the label mass may be cut; it may be warmed; it Cream Cheese; Advance Notice of shall bear the statement “Directly set” may be stirred; it is then drained. The Proposed Rulemaking on the Possible or “Curd set by direct acidification”. curd may be washed with water and Amendment of a U.S. Standard of Wherever the name of the food appears further drained; it may be pressed, Identity on the label so conspicuously as to be chilled, worked, seasoned with salt; or (ii) Food grade phosphoric acid, lactic seen under customary conditions of AGENCY: Food and Drug Administration. purchase, the statement specified in this acid, citric acid, or hydrochloric acid, ACTION: Advance notice of proposed paragraph, showing the optional process with or without rennet and/or other safe rulemaking. and suitable milk-clotting enzyme that used, shall immediately and produces equivalent curd formation, is conspicuously precede or follow such SUMMARY: The Food and Drug added in such amount as to reach a pH name without intervening written, Administration (FDA) is offering to of between 4.5 and 4.7; coagulation to a printed, or graphic matter. interested persons an opportunity to firm curd is achieved while heating to a (e) The common or usual name of review the "Recommended International maximum of 120° F without agitation each of the ingredients used in the food Individual Standard for Cream Cheese” during a continuous process. The shall be declared on the label as (Codex standard No. C-31) and to coagulated mass may be cut; it may be required by the applicable sections of comment on the desirability of and need warmed; it may be stirred; it is then Part 101 of this chapter, except that: for amending the U.S. standard of drained. The curd is washed with water, (1) Concentrated skim milk, nonfat dry identity for cream cheese to achieve stirred, and further drained. It may be milk, and reconstituted skim milk consistency with the Codex standard. pressed, chilled, worked, seasoned with prepared by addition of water to The Codex standard was submitted to salt. concentrated skim milk or nonfat dry the United States for consideration of (iii) Food grade acids as provided in milk may be declared as “skim milk”. acceptance by the Food and Agriculture paragraph (b)(1)(h) of this section, D- (2) Bacterial cultures may be declared Organization/World Health Glqcono-delta-lactone with or without by the word “cultured” followed by the Organization’s Committee of rennet, and/or other safe and suitable name of the substrate, e.g., “made from Government Experts on the Code of milk clotting enzyme that produces cultured skim milk”. Principles Concerning Milk and Milk equivalent curd formation, are added in (3) Milk-clotting enzymes may be Products, a subsidiary body of the such amounts as to reach a final pH declared by the word “enzymes.” Codex Alimentarius Commission. If the value in the range of 4.5-4.8, and it is Interested persons may, on or before comments received do not support the held until it becomes coagulated. The February 13,1984, submit to the Dockets need for an amendment to the U.S. coagulated mass may be cut; it may be Management Branch (address above) standard of identity for the food, FDA warmed; it may be stirred; it is then written comments regarding this notice. will not propose an amendment. drained. The curd is then washed with Two copies of any comments are to be water, and further drained. It may be submitted, except that individuals may DATE: Comments by February 13,1984. pressed, chilled, worked, and seasoned* submit one copy. Each comment should ADDRESS: Written comments, data, or with salt. identify the title of the Codex standard other information to the Dockets (2) The dairy ingredients referred to in and the docket number found in Management Branch (HFA-305), Food paragraph (b)(1) of this section are brackets in the heading of this and Drug Administration, Rm. 4-62, 5600 sweet skim milk, concentrated skim document. Received comments may be Fishers Lane, Rockville, MD 20857. Federal Register / Vol 48, No. 242 / Thursday, December 15, 1983 / Proposed Rules 55753

FOR FURTHER INFORMATION CONTACT: establish a U.S. standard under For the benefit of interested persons Eugene T. McGarrahan, Bureau of Foods authority of section 401 of the act (21 who may wish to submit comments (HFF-215), Food and Drug U.S.C. 341), or to revise an existing relative to this notice, FDA points out Administration, 200 C St. SW., standard to incorporate the provisions that the following major differences Washington, DC 20204; 202-245-1155. within the U.S. standard. At present the exist between the Codex standard for SUPPLEMENTARY INFORMATION: The United States has a standard of identity cream cheese and the U.S. standard of Food and Agriculture Organization for cream cheese in § 133.133 (21 CFR identity for cream cheese: (FAO) and the World Health 133.133) which differs in some respects (1) The Codex standard in 3.1 limits Organization [WHO) jointly sponsor the from the Codex standard. the dairy ingredients used in cream Codex Alimentarius Commission, which Under the procedure prescribed in 21 cheese to milk and cream while the U.S. conducts a program for developing CFR 130.6(b)(3), FDA is providing an standard in § 133.133(b)(3) permits the worldwide food standards. Codex opportunity for review and informal use of cream, plastic cream, milk, skim standards for milk and milk products, comment on: (1) The desirability of and milk, concentrated milk, concentrated including the standard for cream cheese, need for amending the U.S. standard of skim, milk, and nonfat dry milk, as well are developed by the FAO/WHO identity for cream cheese, (2) the as water to reconstitute the Committee of Government Experts on specific provisions of the Codex concentrated or dried dairy ingredients. the Code of Principles Concerning Milk standard, (3) additional or different Further, in § 133.133(b)(1), the U.S. and Milk Products, a subsidiary body of requirements that should be in the U.S. standard provides for the use of cheese the Codex Alimentarius Commission. standard of identity, and (4) any other whey, concentrated cheese whey, dried Under the FAO/WHO program, a large pertinent points. cheese whey, or reconstituted cheese number of food standards have been FDA advises that if comments whey to adjust the moisture content of developed and submitted to received do not support the need to the cream cheese. governments for acceptance. amend the U.S. standard of identity for (2) The Codex standard in 3.2.1 As a member of the Codex permits the use of harmless lactic-acid Alimentarius Commission, the United cream cheese, no amendment will be proposed. If this decision is reached, the and aroma-producing bacteria. The U.S. States is under treaty obligation to standard in § 133.133(b)(1) provides for consider all Codex standards for Technical Secretary for the Committee on the Code of Principles Concerning harmless lactic-acid-producing bacteria acceptance. The rules of procedure of but does not specifically provide for the the Codex Alimentarius Commission Milk and Milk Products will be informed of the differences between the Codex use of aroma-producing bacteria. state that a Codex standard may be (3) The Codex standard in 3.2.1 accepted by a particpating country in and U.S. requirements and that imported foods may move freely in interstate requires the use of salt while its use is one of three ways: Full acceptance, optional in the U.S. standard. target acceptance, or acceptance with commerce in this country, providing they comply with the applicable U.S. (4) The Codex standard in 3.2.2.3 specified deviations. A commitment to provides for the addition of pectin, and accept at a designated future date laws and regulations which include the ammonium, calcium, and potassium constitutes target acceptance. A U.S. standard of identity for cream alginates. The U.S. standard does not country’s acceptance of a Codex cheese in § 133.133. provide for these ingredients. standard signifies that, except as Because of the large number of (5) The Codex standard in section 4.7 provided for by specified deviations, a countries, often with diverse food provides for three cream cheese product that complies with the Codex regulations, which are associated with products, one of which has requirements standard may be distributed freely the development of Codex standards, for fat content and moisture content that within the accepting country. A certain provisions of the Codex are consistent with those in the U.S. participating country which concludes standards may not be consistent with standard. The other two cream cheeses that it will not accept a Codex standard aspects of U.S. policy and regulations. have lower fat and higher moisture is requested to indicate the ways in Codex standards customarily include contents and each must be labeled with which the requirements of the hygiene requirements, certain basic the percent of fat as part of the name of nonaccepting country differ from the labeling requirements such as the food. recommended international standard. declaration of the net quantity of Member nations of the FAO/WHO contents, name of manufacturer and Under § 130.6(c), all persons who wish to submit comments are encouraged and Codex Alimentarius Commission are country of origin, and other factors. requested to consult with different requested to notify the Technical These factors are not considered a part interested groups (consumers, industry, Secretary, Committee on the Code of of U.S. food standards under section 401 academic community, professional Principles Concerning Milk and Milk of the act; rather, they are dealt with organizations, and others) in formulating Products, Animal Production and Health under the authority of other sections of their comments, and to include a Division, FAO, Rome, Italy, of their the act. statement of any meetings or decision. Should a sufficient number of The Codex standard for cream cheese discussions that have been held with governments accept the standard, the specifies analytical methods by which other groups. Secretariat of the Committee will notify compliance with certain provisions is to the Codex Alimentarius Commission be determined. As stated in 21 CFR 2.19, List of Subjects in 21 CFR Part 133 and request the publication of the it is FDA’s policy to employ the methods Cheese, Food standards. standard by the Codex Alimentarius in the latest edition of “Official Methods Commission as a worldwide standard ii of Analysis of the Association of Recommended International Individual light of acceptances received. Official Analytical Chemists,” when Standard for Cream Cheese (Codex For the United States to accept some these are available, in preference to Standard No. C-31) °r all of the provisions of a Codex other methods. FDA will adhere to this 1. Designation of Cheese standard for any food to which the policy in any amendments to the U.S. Cream Cheese, Rahmfrischkase or any Federal Food, Drug, and Cosmetic Act standard of identity proposed pursuant other translations [the act) applies, it is necessary either t< to this notice. 2. Depositing Countries 55754 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Proposed Rules

B C United States of America A determined, respectively, by the Cream Cream Cream cheese cheese methods prescribed under “Fat— Denmark cheese Federal Republic of Germany 2 8 % 2 4 % Official” on page 302 and under “Moisture—Official” on page 301 of Australia Min. fat content (percent)...... 33 28 24 “Official and Tentative Methods of Canada Minimum milkfat content in dry matter...... 70 60 60 Analysis of the Association of Official 3. Raw Materials Max. moisture content (percent).. 55 “ 58 62 Min. dry matter content...... 45 42 38 Agricultural Chemists,” 5th Ed. (1940), 3.1 Kind of milk: pasteurized cow’s which is incorporated by reference. milk and cream (These methods appear on the 10th Ed. 3.2 Authorized additions: 5. Method of Manufacture (1965), p. 248, section 15.164; p. 247, 3.2.1 Necessary additions: 5.1 Method of coagulation: Lactic section 15.157, respectively.) Copies of acid coagulation with or without the aid the material incorporated by reference Starter—harmless lactic acid and aroma of coagulating enzymes. producing bacteria Sodium chloride are available from the Division of Food 5.2 Heat treatment of the milk: Technology, Bureau of Foods (HFF-210), 3.2.2 Optional additions Coagulated mass may be warmed prior Food and Drug Administration, 200 C St. 3.2.2.1 Rennet or other suitable to removal oLwhey. Curd may be SW., Washington, DC 20204, or coagulating enzymes subsequently heated prior to packaging. available for inspection at the Office of 3.2.2.2 Vegetable gums: 5.3 Fermentation procedure: The the Federal Register, 1100 L St. NW., only fermentation desired in this Karaya gum** Washington, DC 20408. product is the lactic acid fermentation Tragacanth gum** (b)(1) One or a mixture of two or more used in coagulation and the flavour of the dairy ingredients specified in Locust (Carob) bean gum** development by the associated aroma paragraph (b)(3) of this section is Guar gum producing bacteria. pasteurized and may be homogenized. Xanthan gum** 6. Sampling and Analysis To such ingredient or mixture harmless 6.1 Sampling: According to FAO / Carrageenan lactic-acid-produeing bacteria, with or WHO Standard B.l, “Sampling Methods 3.2.2.3 Other thickening agents: without rennet, or other safe and for Milk and Milk Products,” paragraph suitable milk-clotting enzyme that Gelatine 7,. “Sampling of Cheese.” produces equivalent curd information, or Pectin 6.2 Determination of fat content: both, are added and it is held until it Algin (ammonium, calcium, potassium According to FAO/WHO Standard B.3, becomes coagulated. The coagulated and sodium alginates) “Determination of the Fat Content of mass may be warmed; it may be stirred; Cheese and Processed Cheese Propylene glycol alginate it is then drained. The moisture content Products.” * Total weight of optional additions may be adjusted with cheese whey, 7. Marking and Labelling listed above shall not exceed 5 g/kg of Only uncured cheese conforming with concentrated cheese whey, dried cheese the weight of the finished cheese. this Standard may be designated whey, or reconstituted cheese whey When one or more of optional “Cream Cheese”, “Rahmfrischkàse,” prepared by addition of water to additions listed above are used, dioctyl "Fromage frais à la crème.” The concbntrated whey or dried cheese sodium sulfosuccinate may be used. The labelling of cream cheese shall comply whey. The curd may be pressed, chilled, quantity shall not exceed 0.5 percent of with Article 4 of FAO/WHO Standard worked, seasoned with salt; it may be heated, with or without addition of one such additions. A.6 “General Stahdard for Cheese.” 4. Principal Characteristics of the When an optional addition listed or more of the dairy ingredients Cheese Ready for Consumption under 3.2.2.2 and 3.2.2.3 is present the specified in paragraph (b)(3) of this 4.1 Type: Uncured cheese label shall bear the statement “------section, until it becomes fluid, and it may then be homogenized or otherwise 4.1.1 Consistency: soft, spreadable added” or “with added------,” the blank mixed. 4.1.2 Description: The cheese is a being filled in with the word or words (2) (i) In the preparation of cream soft unripened cheese possessing a mild “vegetable gum” or the appropriate cheese, one or any mixture of two or creamy or acid flavour and aroma name or any combination of two or more or the optional ingredients gum typical of milk product cultured with more of these as the case may be. karaya, gum tragacanth, carob bean lactic and aroma producing bacteria. It The cheese mentioned under B and C gum, guar gum, carrageenan, gelatin, spreads and mixes readily with other in 4.7 may be designated “Cream algin (sodium alginate), propylene glycol foods. Cheese,” “Rahmfrischkase,” “Fromage frais à la crème” provided that the alginate, or xanthan gum may be used; 4.2 Shape: Various—no limitations but the quantity of any such ingredient as to shape or type of package designation is accompanied by a prefix or suffix corresponding to the fat or mixture is such that the total weight 4.3 Dimensions and weights: various percentage, e.g. 28 percent Cream of solids contained therein is not more 4.4 Rind: Cheese. than 0.5 percent by weight of the none For the convenience of the reader, finished cream cheese. soft FDA is also including the text of the (ii) When one or more of the optional ingredients in paragraph (b)(2)(i) of this 4.5 Body: existing U.S. standard of identity for cream cheese which is as follows: section are used, dioctyl sodium 4.5.1 Texture: smooth to slightly sulfosuccinate complying with the flaky § 133.133 Cream cheese. requirements of § 172.810 of this chapter 4.5.2 Colour: white to light cream (a) Cream cheese is the soft uncured may be used in a quantity not in excess 4.6 Holes: none cheese prepared by the procedure set of 0.5 percent by weight of such 4.7 Minimum fat and maximum forth in paragraph (b) of this section. ingredients. moisture content: The finished cream cheese contains not (3) The dairy ingredients referred to in less than 33 percent of milkfat and not paragraph (b)(1) of this section are ** Subject to endorsement. more than 55 percent of moisture, as cream, plastic cream, milk, skim milk, Federal Register / Vol 48, No. 242 / Thursday, December 15, 1983 / Proposed Rules 55755

concentrated milk, concentrated skim 556, 557). Food standards promulgated SUPPLEMENTARY INFORMATION: milk, and nonfat day milk. If under 21 U.S.C. 341 and 371(e) fall under Impact concentrated milk, concentrated skim this exemption.) milk, or nonfat dry milk is used, water Dated: December 2,1983. The Director, Office of Management may be added in a quantity not in and Budget (OMB), by memorandum Richard J. Ronk, excess of that removed when the milk or dated October 4,1982, exempted agency skim milk was concentrated or dried. Acting Director, Bureau of Foods. procurement regulations from Executive (4) For the purposes of this section, [FR Doc. 83-33362 Filed 12-14-83 8:45 am] Order 12291. The General Services the term “milk” means sweet milk of BILUNG CODE 4160-01-M Administration (GSA) certifies that cows, “skim milk” means milk from these documents will not have a which the milkfat has been separated, significant economic effect on a and “concentrated skim milk” means GENERAL SERVICES substantial number of small entities skim milk from which a portion of the ADMINISTRATION under the Regulatory Flexibility Act (5 water has been removed by U.S.C. 601 et. seq.). evaporation. 48 CFR Ch. 5 The rule does not contain information (c) When used in the food, salt, collection requirements which require bacterial culture, and enzymes as GSA Implementation of the Federal approval by OMB under 44 U.S.C. 3501 provided for in paragraph (b)(1) of this Acquisition Regulation (FAR), General et. seq. This rule provides uniformity section and each of the ingredients Services Administration Acquisition with other Federal agencies and reduces listed in paragraph (b) (2) and (3) of this Regulation (GSAR) the administrative impact on bidders as section shall be declared by common set forth in OFPP Policy Letter 83-2. name on the label as required by the AGENCY: Office of Acquisition Policy, GSA. applicable sections of Part 101 of this List of Subjects in 48 CFR Chapter 5 chapter except that: a c t i o n : Notice of proposed rulemaking. (1) Any cream as defined in Part 131 General Services Administration of this chapter and plastic cream may be Su m m a r y : This notice invites written Acquisition Regulation, Government declared as “cream.” comments on the General Services procurement. (2) Concentrated milk and Administration proposal to establish the Dated December 5,1983. reconstituted milk prepared by addition General Services Administration Richard H. Hopf, III, of water to concentrated milk may be Acquisition Regulation (GSAR) as Chapter 5 of the Federal Acquisition Director, Office o f GSA Acquisition Policy declared as “milk.” and Regulations. (3) Concentrated skim milk, nonfat dry Regulations System. The GSAR will [FR Doc. 83-33339 Filed 12-14-83; 8:45 am] milk, and reconstituted skim milk implement and supplement the Federal BILLING CODE 6820-61-M prepared by addition of water to Acquisition Regulation. The new GSAR concentrated skim milk or nonfat dry will supersede the current General milk may be declared as “skim milk.” Services Administration Procurement (4) Bacterial cultures may be declared Regulations. The following parts of the DEPARTMENT OF COMMERCE as “cheese culture” or by the word proposed GSAR are available for review “cultured” followed by the name of the and comment: National Oceanic and Atmospheric Administration substrate, e.g., “made from cultured Part 509—Contractor Qualification cream.” Part 511—Acquisition and Distribution 50 CFR Part 216 (5) Milk clotting enzymes may be of Commercial Products declared by the word “enzymes.” Receipt of Petition To Undertake Part 514—Formal Advertising Interested persons may, on or before Rulemaking February 13,1984, submit to the Dockets Part 516—Types of Contracts Management Branch (address above) Part 519—Small Business and Small AGENCY: National Oceanic and written comments regarding this Disadvantaged Business Concerns Atmospheric Administration, advance notice of proposed rulemaking. Part 523—Environment, Conservation, Department of Commerce. Two copies of any comments are to be and Occupational Safety a c t i o n : Notice of receipt of a petition to submitted, except that individuals may Part 524—Protection of Privacy and undertake rulemaking. submit one copy. Each comment should Freedom of Information identify the title of the Codex standard Part 525—Foreign Acquisition s u m m a r y : On November 2,1983, the and the docket number found in Part 542—Contract Administration National Marine Fisheries Service brackets in the heading of this Part 549—Termination of Contracts received a petition from the Sportfishing document. Received comments may be Association of California requesting a seen in the office above between 9 a.m. d a t e : Comments are due not later than modification to the definition of and 4 p.m., Monday through Friday. January 16,1984. “commercial fishing operation” as found Any comments submitted in support at 50 Code of Federal Regulations ADDRESS: Requests for copies of the of amending the U.S. standard of Chapter 216.3. The Petitioner requests proposals and comments should be identity for cream cheese should be that “commercial passenger carrying addressed to the Office aiid GSA supported by appropriate information fishing vessels” be included in the Acquisition Policy and Regulations, and data regarding impact on small definition in order for them to secure Office of Acquisition Policy-, Room 4026, businesses consistent with the certificates of inclusion under the 18th and F Streets, NW, Washington, provisions of the Regulatory Flexibility D.C. 20405. regulations governing the incidental take Act (Pub. L. 96-354). (Executive Order . of marine mammals in commercial 12291 does not apply to regulations FOR FURTHER INFORMATION CONTACT.* fishing operations. issued in accordance with the formal Ida Ustad, Office of GSA Acquisition DATES: Comments on the Petition should rulemaking provisions of the Policy and Regulations, Office of be submitted on or before January 31, Administrative Procedure Act (5 U.S.C. Acquisition Policy (202) 523-4754). 1984. 55756 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Proposed Rules

ADDRESS: All comments should be commercial fishing operations be reduced to themselves on the baited fishing hooks. submitted to the Assistant insignificant levels approaching a zero This increased depradation, they Administrator for Fisheries, National mortality and serious injury rate * * *. contend, diminishes their catch and will Marine Fisheries Service, Washington, In promulgating regulations eventually mean economic disaster for D.C. 20235. implementing the MMPA, the term the fleet. FOR FURTHER INFORMATION CONTACT: ‘‘commercial fishing operation” was As “commercial passenger carrying Mr. K. R. Hollingshead, Protected defined as: fishing vessels,” the members of the Species Division, Office of Protected The lawful harvesting of fish from the Sportfishing Association of California Species and Habitat Conservation, marine evironment for profit and part of an currently do not quality as a commercial National Marine Fisheries Service, on-going business enterprise. Such term shall fishing operation under regulations National Oceanic and Atmospheric not include sport fishing activities whether or governing the incidental take of marine Administration, U.S. Department of not carried out by charter boat or otherwise, mammals during commercial fishing Commerce, Washington, D.C. 20235 and whether or not the fish so caught are operations (50 CFR 216,24) and therefore subsequently sold. (50 CFR 216.3) (Italics cannot secure certificates of inclusion (Telephone (202) 634-7529). added). which would allow them to protect their SUPPLEMENTARY INFORMATION: Section That definition has remained unchanged catch and gear from marine mammals. 101 of the Marine Mammal Protection since 1973. Act (MMPA) established a general As a final point, the Sportfishing On November 2,1983, the Sportfishing Association of California notes that moratorium on the taking and Association of California petitioned the importation of marine mammals and their commercial passenger carrying National Marine Fisheries Service as fishing vessels currently qualify as a marine mammal products. It also provided under 5 U.S.C. 553(e), provides for certain exceptions to the commercial fishing fleet under the requesting the above definition be NMFS’ Fishing Vessel Obligation moratorium. Section 101(a)(2) provides modified to include their activities that: Guarantee and Capital Construction within a ‘‘commercial fishing operation.” Fund programs. Marine mammals may be taken The Sportfishing Association of incidentally in the course of commercial California contends that the California Dated: December 8,1983. fishing operations and permits may be issued sea lion [Zalophus californianus) Carmen J. Blondin, therefor under section 104 subject to Deputy Assistant Administrator for Fisheries reglations prescribed by the Secretary in population has increased from 20,000 Resource Management, National Marine accordance with section 103. In any event it animals 15 years ago to a population of shall be the immediate goal that the over 80,000 animals today. They believe Fisheries Service. incidental kill or incidental serious injury of these sea lions are depredating the catch [FR Doc 83-33268 Filed 12-14-83; 8:46 am] marine mammals permitted in the course of of their customers and impaling BILLING CODE 3510-22-M 55757

Notices Federal Register Voi. 48, No. 242

Thursday, December 15, 1983

This section of the FEDERAL R EGISTER SUPPLEMENTARY INFORMATION: REA has s u m m a r y : Under the authority of Pub. L. contains documents other than rules or reviewed the Borrower’s Environmental 93-32 (87 Stat. 65) and in conformance proposed rules that are applicable to the Report (BER) submitted by York County public. Notices of hearings and with applicable agency policies and RPPD and has determined that it investigations, committee meetings, agency procedures as set forth in REA Bulletin decisions and rulings, delegations of represents an accurate assessment of 20-22 (Guarantee of Loans for Bulk authority, filing of petitions and the environmental impact of the Power Supply Facilities), notice is applications and agency statements of proposed project. The proposed project hereby given that the Administrator of organization and functions are examples would consist of approximately 26.5 km REA will consider providing a guarantee of documents appearing in this section. (16.5 mi) of 69 kV transmission line supported by the full faith and credit of between the York Substation in York the United States of America for a loan County and the Polk Substation in Polk in the approximate amount of County, Nebraska. $127,000,000 to Plains Electric DEPARTMENT OF AGRICULTURE The BER and EA adequately consider Generation & Transmission Cooperative, potential impacts of the proposed Inc. (Plains), Albuquerque, New Mexico. Rural Electrification Administration project to resources including This loan guarantee will provide threatened and endangered species, York County Rural Public Power supplemental funds needed to complete important farmlands, cultural resources, District, Nebraska; Environmental the financing of Plain’s Escalante Impact floodplains, and wetlands. Generating Station Unit No. 1. Alternatives examined included no FOR FURTHER INFORMATION CONTACT: action, rebuilding the existing AGENCY: Rural Electrification Mr. Stanley K. Bazant, Executive Vice transmission system, energy Administration, USDA. President and General Manager, Plains conservation, alternative transmission Electric Generation & Transmission a c t io n : Notice of Finding of No routes, and underground construction. Cooperative, Inc., P.O. Box 6551, Significant Impact. After reviewing these alternatives, REA Albuquerque, New Mexico 87197. determined that the proposed project is s u m m a r y : Notice is hereby given that an acceptable alternative because it SUPPLEMENTARY INFORMATION: Legally the Rural Electrification Administration meets York County RPPD’s and Polk organized lending agencies capable of (REA), pursuant to the National County RPPD’s needs with a minimum making, holding and servicing the loan Environmental Policy Act of 1969, the adverse impact. proposed to be guaranteed may obtain Council on Environmental Quality Based upon the BER and othe related information on the proposed project, Regulations (40 CFR Part 1500), and REA data, REA prepared an EA and FONSI including the engineering and economic Bulletin 20-21:320-21, Environmental concerning the proposed construction. feasibility studies and the proposed Policies and Procedures, has made a REA has independently evaluated the schedule for advances to the borrower Finding of No Significant Impact proposed project and has concluded that of the guaranteed loan funds from Mr. (FONSI) with respect to proposed approval of financing assistance for the Bazant at the address given above. financing assistance to York County project would not constitute a major In order to be considered, proposals Rural Public Power District (York Federal action significantly affecting the must be submitted on or before January County RPPD) of York, Nebraska, and quality of the human environment. 16,1984 to Mr. Bazant. The right is Polk County Rural Public Power District In accordance with REA’s Bulletin 20- reserved to give such consideration and (Polk County RPPD) of Stromsburg, 21:320-21, dated January 21,1980, York make such evaluation or other Nebraska. The proposed financing County RPPD advertised the availability disposition of all proposals received, as assistance is necessary for the of its BER in the local newspaper. No Plains and REA deem appropriate. construction of approximately 10.5 km comments were received. Prospective lenders are advised that the (6.5 mi) of the total 26.5 km (16.5mi) 69 guaranteed financing for this project is kV transmission line in York and Polk This program is listed in the Catalog of Federal Domestic Assistance as 10.850— available from the Federal Financing Counties, Nebraska. For the remaining Rural Electrification Loans and Loan Bank under a standing agreement with 16.0 km (10.0 mi) of the line, Polk County Guarantees. the Rural Electrification Administration. RPPD would build about 9.0 km (5.5 mi) Dated: December 9,1983. Copies of REA Bulletin 20-22 are and Nebraska Public Power District Jack Van Mark, available from the Director, Public (NPPD) would build about 7.0 km (4.5 Information Office, Rural Electrification mi). Acting Administrator. [FR Doc. 83-33381 Filed 12-14-83; 8:45 am] Administration, U.S. Department of fo r f u r t h e r information c o n t a c t : BILLING CODE 3410-15-M Agriculture, Washington, D.C. 20250. REA’s FONSI and Environmental This program is listed in the Catalog of Assessment (EA) may be reviewed at or Federal Domestic Assistance as 10.850— obtained from the office of the Director, Plains Electric Generation & Rural Electrification Loans and Loan Western Area-Electric, REA, South Transmission Cooperative, Inc.; Guarantees. Agriculture Building, Washington, D.C. Albuquerque, N. Mex., Proposed Loan Dated: December 8,1983. 20250, telephone: (202) 382-8848, or the Guarantee Jack Van Mark, office of York County RPPD (Mr. Hilary Acting Administrator. a g e n c y : Rural Electrification H. Neesen, Manager), York, Nebraska Administration (REA), USDA. [FR Doc. 83-33360 Filed 12-14-83; 8:45 am] 68467, telephone: (402) 362-3355, during BILLING CODE 3410-15-M regular business hours. ACTION: Proposed Loan Guarantee. 55758 Federal Register / Voi. 48, No. 242 / Thursday, December 15, 1983 / Notices

Soil Conservation Service Management and Budget Circular A-95 Dated at Washington, D.C., December 8; regarding State and local clearinghouse 1983. Little Arbor Vitae Lake Public Water- review of Federal and federally assisted William A. Kane, Jr., Based Fish and Wildlife Development program and projects is applicable) Administrative Law Judge. . RC&D Measure, Wisconsin; Cliffton A. Maguire, [FR Doc. 83-33398 Filed 12-14-83; 8:45 am] Environmental Impact State Conservationist BILLING CODE 6320-01-M Dated: December 6,1983. a g e n c y : Soil Conservation Service, USDA. [FR Doc. 83-33409 Filed 12-14-83; 8:45 am] BILUNG CODE 3410-16-M [Docket 38883] a c t io n : Notice of a finding of no significant impact. Pan American World Airways Employee Protection Program SUMMARY: Pursuant to Section 102(2)(C) ARMS CONTROL AND DISARMAMENT Investigation; Prehearing Conference of the National Environmental Policy AGENCY Act of 1969; the Council on Notice is hereby given that a Environmental Quality Guidelines (40 Hubert H. Humphrey Fellowship prehearing conference in the above- CFR Part 1500); and the Soil Competition titled proceeding will be held on January Conservation Service Guidelines (7 CFR 31.1984, at 10:00 a.m. (local time), in Part 650); the Soil Conservation Service, The U.S. Arms Control and Room 1027, Universal Building, 1825 U.S. Department Of Agriculture, gives Disarmament Agency will conduct a Connecticut Avenue NW., Washington, notice that an environmental impact competition in 1984 for one year Hubert D.C., before the undersigned. statement is not being prepared for the H. Humphrey Fellowships in arms In order to facilitate the conduct of the Little Arbor Vitae Lake Public Water- control and disarmament. The conference, parties are directed to based Fish and Wildlife Development fellowships will support unclassified submit one copy to each party and three RC&D Measure, Vilas County, doctoral dissertation research in the copies to the judge of (1) proposed Wisconsin. field. Law candidates for the Juris statements of issues; (2) proposed FOR FURTHER INFORMATION CONTACT: Doctor or any higher degree are also stipulations; (3) proposed requests for eligible, if they are writing a substantial Cliffton A. Maguire, State information and for evidence; (4) Conservationist, Soil Conservation paper in partial fulfillment of degree statements of positions; and (5) Service, 4601 Hammersley Road, requirements. The fellowship stipends proposed procedural dates. The Bureau Madison, Wisconsin 53711, telephone for Ph. D. candidates will be $5,000, plus of Domestic Aviation will circulate its 606-264-5351. application tuition and fees up to a material on or before January 6,1984, maximum of $3,400. Stipends and tuition SUPPLEMENTARY INFORMATION: The and the other parties on or before for law candidates will be prorated environmental assessment of this January 24,1984. The submissions of the according to the credits given for the federally assisted action indicates that other parties shall be limited to points research paper. Fellows must be citizens the project will not cause significant on which they differ with the Bureau, or nationals of the U.S. and degree local, regional, or national impacts on and shall follow the numbering and candidates at a U.S. university. The the environment. As a result of these lettering used by the Bureau to facilitate application deadline for the awards, findings, Cliffton A. Maguire, State cross-referencing. On or before January which are for the period beginning Conservationist, has determined that the 5.1984, each party shall deliver to the September 1984, is March 1,1984 and preparation and review of an Judge two copies of each document announcement of final selection will be environmental impact statement are not heretofore filed by it in this docket. on May 31,1984. For information and needed for this project. Dated at Washington, D.C., December 12, application materials write: Hubert H. The measure concerns preserving and 1983. Humphrey Fellowship Program, Office enhancing water quality and developing John M. Vittone, of Public Affairs, U.S. Arms Control and water-based fish and wildlife. The Administrative Law Judge. planned work of improvement includes Disarmament Agency, Washington, D.C. 20451. [FR Doc. 83-33394 Filed 12-14-83; 8:45 am] the replacement of the existing BILLING CODE 6320-01-M deteriorated crest dam with a new Dated: December 1,1983. permanent water control structure. Joseph D. Liehman, The Notice of a Finding of No Director of Public Affairs. [Docket 41781] Significant Impact (FONSI) has been [FR Doc. 83-33318 Filed 12-14-83; 8:45 am] Rainbow Air, Inc., Fitness forwarded to the Environmental BILLING CODE 6820-32-M Protection Agency and to various Investigation; Hearing Federal, State, and local agencies and Notice is hereby given a hearing in the interested parties. A limited number of CIVIL AERONAUTICS BOARD above-entitled matter is assigned to copies of the FONSI are available to fill commence on December 19,1983, at single copy request at the above [Docket 41478] 10:00 a.m. (local time), in Room 1027, address. Basic data developed during Universal Building, 1825 Connecticut the environmental assessment are on Michigan Peninsula Airways Rtness Avenue NW., Washington, D.C., before file and may be reviewed by contacting Investigation; Hearing the undersigned. Cliffton A. Maguire. No administrative action on Notice is hereby given that a hearing Dated at Washington, D.C., December 12, implementation of the proposal will be in the above-titled proceeding will 1983. taken until 30 days after the date of this commence on January 10,1984, at 10:00 John M. Vittone, publication in the Federal Register. a.m. (local time), in Hearing Room No. 2, Administrative Law Judge. (Catalog of Federal Domestic Assistance Lower Level, 2120 L Street NW., [FR Doc. 83-33396 Filed 12-14-83; 8:45 am] Program No. 10.901, Resource Conservation Washington, D.C., before the BILLING CODE 63Z0-01-M and Development Program. Office of undersigned. Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices 55759

[Docket 33571] “Plasmid Cloning Vector pASl,” U.S. DEPARTMENT OF DEFENSE Patent Application 6-457,352 (filed United Air Lines Employee Protection January 12,1983). The patent rights in Department of the Air Force Program Investigation; Prehearing this invention have been assigned to the Conference United States of America, as Public Information Collection Notice is hereby given that a represented by the Secretary of Requirement Submitted to OMB for Review prehearing conference in the above- Commerce. titled proceeding will be held on January The proposed exclusive license will The Department of Defense has 24,1984, at 10:00 a.m. (local time), in be royalty-bearing and will comply with submitted to OMB for review the Room 1027, Universal Building, 1825 the terms and conditions of 35 U.S.C. 209 following proposal for the collection of Connecticut Avenue NW., Washington, and 41 CFR 101-4.1. The proposed information under the provisions of the D.C., before the undersigned. license may be granted unless, within Paperwork Reduction Act (44 U.S.C. Dated at Washington, D.C., December 12, sixty days from the date of this Notice, Chapter 35). Each entry contains the 1983. NTIS receives written evidence and following information: (1) Type of William A. Kane, Jr., argument which establishes that the submission; (2) Title of information Administrative Law Jadge. grant of the proposed license would not collection and form number, if [FR Doc. 83-33395 Filed 12-14-83; 8:45 am] serve the public interest. applicable; (3) Abstract statement of the BILLING CODE 6320-G1-M Inquiries, comments and other need for and the uses to be made of the materials relating to the proposed information collected; (4) Type of respondent; (5) An estimate of the [Docket 41864] license must be submitted to the Office of Government Inventions and Patents, number of responses; (6) An estimate of United States-Yenezueia Aii-Cargo NTIS, Box 1423, Springfield, VA 22151. the total number of hours needed to Proceeding; Assignment . provide the information; (7) To whom Dated: December 9,1983, comments regarding the information This proceeding has been assigned to Douglas J. Campion, collection are to be forwarded; (8) The Chief Administrative Law Judge Elias C. Patent Licensing, Office o f Government point of contact from whom a copy of Rodriguez. Future communications Inventions and Patents, U.S. Department of the information proposal may be should be addressed to him. Commerce, National Technical Information obtained. S erv ice. Dated Washington, D.C., December 8,1983. Extension Elias C. Rodriguez, [FR Doc. 83-33313 Fifed 1 2 -1 4 -© ; 8:45 am] Chief Administrative Law Judge. BILUNG CODE 3510-04-M Civil Aircraft Landing Permit System [FR Doc. 83-33397 Filed 12-14-83; 8:45 am] (AF Forms 180,181, and 203) BILLING CODE 6320-01-M The Air Force requires certain COMMITTEE FOR THE information from owners of civil aircraft IMPLEMENTATION OF TEXTILE who desire prior authorization to land at DEPARTMENT OF COMMERCE AGREEMENTS Air Force installations. Civil aircraft operators must execute a Hold Harmless Office of the Secretary Statistical Headnote Amendment Agreement (AF Form 180), a Civil Aircraft Landing Permit (AF Form 181), President’s Commission on Industrial December 12,1983. Competitiveness; Meetings and a Certificate of Insurance (AF Form a g e n c y : Committee for the 203). This information is necessary to Correction Implementation of Textile Agreements. regulate public use of Air Force airfields In FR Doc. 83-32394 appearing on a c t i o n : Amending the statistical as authorized under the Federal page 54676 in the issue of Tuesday, headnote to Subpart E to Schedule 3, Aviatiori Act of 1958. December 6,1983, in the table, the street Part 1 of the Tariff Schedules of the Civil aircraft operators: 3,000 address for Hewlett Packard Hdqtrs. United States. Effective January 1,1984 responses; 1,500 hours. should read “3000 Hanover Street” in the statistical headnote to Subpart E to Forward comments to Edward both places that it occurs. Schedule 3 Part 1 defining “textured” is Springer, OMB Desk Officer, Room 3235, BILUNG CODE 1505-01-M changed to read as follows: NEOB, Washington DC 20503, and John V. Wenderoth, DOD Clearance Officer, 1. For the purpose of this subpart the WHS/DIOR, Room 1C535, Pentagon, term “textured" refers to filament yarns National Technical Information Washington DC 20301, telephone (202) having special characteristics of bulk or Service 694-0187. elasticity, or both, which have been A copy of the information collection Intent To Grant Exclusive Patent imparted to the filaments by twisting proposal may be obtained from Mrs. R. License; SmithKHne Beckman Corp. and untwisting, false twisting, crimping, A. Young, HQ USAF/PRPJ, Room 5D970, curling, or other additional processing Pentagon, Washington, D.C. 20330, The National Technical Information subsequent to the extrusion of the telephone (202) 697-5967. Service (NTIS), U.S. Department of filaments from the spinneret. Commerce, intends to grant to Dated: December 9,1983. Walter C. Lenahan, SmithKline Beckman Corporation, M. S. Healy, having a place of business at Chairman, Committee for the Implementation of Textile Agreements. OSD Federal Register Liaison Officer, Philadelphia, Pennsylvania 19101 an Department of Défense. [FR Doc. 83-33358 Filed 12-14-83; 8:45 am] exclusive right to manufacture, use, and [FR Doc. 83-33310 Fifed 12-14-83; 8:45 am ) BILLING CODE 3510-DR-M sell products embodied in the invention, BILLING CODE 3810-01-M 55760 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices

Department of the Army action would involve constructing a telephone (716) 876-5454, (FTS 473- small-boat harbor and harbor-of-refuge 2171). Army Medical Research and and recreational fishing facilities as an Robert R. Hardiman, Development Advisory Committee, integral part of the State Park at Colonel, Corps of Engineers, District Subcommittee on Military Dental Geneva-on-the-Lake, OH. The original Com m ander. Research; Partially Closed Meeting FEIS for the project was completed in Dated: December 9,1983. August 1981 and filed with the U.S. In accordance with Section 10(a)(2) of [FR Doc. 83-33332 Filed 12-14-83; 8:45 am] the Federal Advisory Committee Act Environmental Protection Agency on BILLING CODE 3710-GP-M (Pub. L. 92-463), announcement is made October 7,1981. Detailed geophysical of the following Subcommittee meeting: surveys conducted after completion of the FEIS indicated that the previously Intent To Prepare a Draft Supplement Name of commmittee: United States Army Medical Research and Development estimated top-of-rock elevations were to the Final Environmental Impact Advisory Committee, Subcommittee on inaccurate, particularly in the area to be Statement; Walnut Creek Flood Military Dental Research. occupied by the southern part of the Control Project in Contra Costa Date of meeting: January 18 and 19,1984. proposed harbor. In an effort to County, California Time and place: 0830 hrs, Room 3092, substantially reduce the excavation of Walter Reed Army Institute of Research, bedrock and the overall cost of AGENCY: U.S. Army Corps of Engineers, Washington, D.C. construction, the harbor has been Defense. Proposed agenda: This meeting will be redesigned. Since the redesigned project ACTION: Notice of Intent To Prepare a open to the public from 0830-0945 hrs and Draft Supplement to the Final 1200-1300 hrs on 18 January for the would further encroach on an existing administrative review and discussion of the wetland, the construction of wetland Environmental Impact Statement. scientific research program of the Military mitigation area has been incorporated s u m m a r y : Dental Research Group, Walter Reed Army into the revised project plans. The Institute of Research. Attendance by the purpose of the Draft Supplement to the 1. Proposed Action. The Walnut Creek public at open sessions will be limited to FEIS is to address the environmental flood control project is a continuing space available. impacts associated with the redesigned construction project authorized for In accordance with the provisions set forth project. construction by the Flood Control Act of in Section 552(b)(6), US Code, Title 5 and 1960. Under the original authorized plan Section 10(d) of Pub. L. 92-463, the meeting 2. Alternatives. A wide range of of improvement, work which has been will be closed to the public from 1000-1200 alternatives was addressed in the completed includes reaches of Walnut hrs and 1300-1630 hrs on 18 January and on original FEIS and the Final Creek and Pine and Galindo Creeks. 19 January from 0900-1200 hrs for the review, Reformulation Phase I General Design discussion and evaluation of individual This supplement describes the impacts Memorandum (GDM) for the project. programs and projects conducted by the US associated with the upper Pine Creek Army Medical Research and Development The only alternatives presently being segment. Construction of the channel Command, including consideration of considered are No Action and Plan 3gR. improvements as currently proposed personnel qualifications and performance, Components of Plan 3gR include the will consist of open concrete and earth- the competence of individual investigators, construction of entrance channels, lined channel sections to control medical files of individual research subjects, mooring facilities, breakwaters, a dike flooding in the community, minimize and similar items, the disclosure of which and overflow weir to regulate water impacts to and to reduce erosion in the would constitute a clearly unwarranted levels in the existing wetland, and new natural stream channel. State invasion of personal privacy. Dr. Howard Noyes, Associate Director for wetlands within the park boundaries. authorization designated the Contra Research Management, Walter Reed Army 3. Scoping Process. Considerable Costa County Flood Control and Water Institute of Research, Bldg 40, Room 1111, agency and public coordination has Conservation District as the agency to Walter Reed Army Medical Center, been performed during preparation of fulfill the local interest responsibilities. Washington, DC 20307 (202/570-2436) will the FEIS and the Final Reformulation The supplement is being prepared to furnish summary minutes, roster of describe up-dated environmental Subcommittee members and substantive Phase I GDM. Additional coordination will be accomplished during preparation resources data and to describe impacts pregram information. and mitigation. The upper Pine Creek Harry G. Dangerfield, M.D., of the Draft Supplement to the FEIS. The participation of concerned Federal, segment of the project is the last phase Colonel, MC, Deputy Commander. State, and local agencies, and other of construction work to be accomplished [FR Doc. 83-33312 Filed 12-14-83; 8:45 amj to complete the project. interested private organizations and BILLING CODE 3710-08-M Alternatives. parties is invited. Significant issues to 2. There are currently be analyzed in the Draft Supplement three structural alternatives and a no Department of the Army, Corps of action plan under consideration for the include recreational boating, wetland Engineers upper Pine Creek reach. Two of the values, and fish and wildlife impacts. Intent To Prepare a Draft Supplement structural alternatives include bypass 4. Scoping Meeting. No scoping to the Final Environmental Impact routes and one includes channelization meeting is currently scheduled. Statement (FEIS), Geneva-on-the-Lake, of the natural channel in the OH, Small Boat Harbor Project 5. Availability. The Draft Supplement downstream portion of the reach. is scheduled to be available for review 3. Scoping of the DEIS. Close a g e n c y : U.S. Army Corps of Engineers, in February 1984. coordination will be maintained with Buffalo District, DOD. local agencies, other Federal agencies, a c t io n : Notice of Intent to prepare a ADDRESS: Questions about the proposed and interested organizations and Draft Supplement to the Final action and Draft Supplement can be individuals. Analyses of potential Environmental Impact Statement (FEIS). addressed to the District Commander, impacts will be assisted by this attention Mr. David W. Heicher, U.S. coordination. s u m m a r y : Army Engineer District, Buffalo, 1776 4. Scoping Meetings. Environmental 1. Description o f Action. The proposed Niagara Street, Buffalo, NY 14207, concerns related to potential future Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices 55761

work have been identified during right to left bank depending on Chapter 35). Each entry contains the previous EIS coordination. Considerable availability of rights-of-way. Where following information: (1) Type of local coordination has already been feasible existing vegetation would be Submission; (2) Title of Information carried out by the Contra Costa County preserved. At the downstream end of Collection and Form Number if Flood Control and Water Conservation the study reach, extending from State applicable; (3) Abstract statement of the District. A formal public scoping Highway 237 to San Francisco Bay (a need for and the uses to be made of the meeting will not be held, but one or distance of about 5 miles), the Santa information collected; (4) Type of more informal meetings may be held Clara Valley Water District (SCVWD) is Respondent; (5) An estimate of the with interested and concerned agencies, in the preconstruction phase of planning number of responses; (6) An estimate of organizations and individuals to obtain for a flood control project to provide a the total number of hours needed to any additional views of the public. 100-year level of protection. The provide the information; (7) To whom Significant resources identified to date SCVWD is in the process of preparing a comments regarding the information include the riparian vegetation along draft EIR for the entire 7V\z mile area collection are to be forwarded; (8) The upper Pine Creek, fish and wildlife extending from Montague Expressway- point of contact from whom a copy of resources, and cultural resources. Trimble Road downstream to San the information proposal may be Participation in scoping and review of Francisco Bay, which includes the reach obtained. environmental concerns by all being studied by the Corps of Engineers. New Collection interested Federal, State and local 2. Alternatives.—Three structural agencies, and interested organizations plans and a no action plan are being Manufacturing Lead Time Solicitations and individuals is invited. considered for the Corps study reach. None 5. Estimated Date of DEIS. The Draft One structural plan involves a bypass This survey is needed periodically to supplement is scheduled to be made channel. The other two plans consider ascertain industry’s ability to support available to the public in August 1984. set-back levees on either one or both Naval Sea Systems Command ADDRESS: Questions about the proposed banks of the natural channel. shipbuilding requirements. action and draft supplement can be 3. Scoping of the DEIS.—Close Businesses; 600; 2,000 answered by: Cay Goude, coordination will be maintained with Forward comments to Edward Environmental Planning Section, local agencies, other Federal agencies, Springer, OMB Desk Officer, Room 3235, Sacramento District, Corps of Engineers, and interested organizations and NEOB, Washington, D.C. 20503, and 650 Capitol Mall, Sacramento, California individuals. Analysis of potential John V. Wenderoth, DOD Clearance 95814, telephone (916) 440-2364 (FTS impacts will be assisted by this Officer, OASD(C), IRMS, IRAD, Room 448-2364). coordination. Environmental Concerns 1A658, Pentagon, Washington, D.C. related to potential future work have Dated: December 7,1983. 20301, telephone (202) 694-0187. been identified during coordination of Arthur E. Williams, A copy of the information collection the Notice of Preparation of a DEIR Colonel, Corps of Engineers, District proposal may be obtained from Larry W. conducted by the SCVWD. Significant E ngineer. Lake, Naval Sea Systems Command, resources identified to date include the [FR Doc. 83-33333 Filed 12-14-83; 8:45 am] Philadelphia Naval Shipyard, NAVSEA riparian vegetation along Coyote Creek, BILLING CODE 3710-GH-M Shipbuilding Support Office, fish and wildlife resources, threatened Philadelphia, PA. 19112, telephone (215) and endangered species and cultural 897-3592. Intent To Prepare Draft Environmental resources. Participation in scoping and Impact Statement (DEIS) for Potential review of environmental concerns by all Dated: December 9,1983. Solution to Lower Coyote Creek Flood interested organizations and individuals M. S. Healy, Problems Near San Jose, Santa Clara is invited. OSD Federal Register Liaison Officer, County, Calif. ADDRESS: Questions about the potential Department of Defense. action and draft EIS can be answered by [FR Doc. 83-33309 Filed 12-14-83; 8:45 am] AGENCY: U.S. Army Corps of Engineers, Cay Goude, Environmental Planning BILUNG CODE 3810-01-M DOD. Section, Sacramento District, Corps of a c t io n : Notice of Intent to prepare a Engineers, 650 Capitol Mall, draft environmental impact statement. Sacramento, California 94814, telephone DEPARTMENT OF EDUCATION s u m m a r y : (916) 440-2364 (FTS 448-2364). 1. Proposed Action.—Solutions to the Dated: December 7,1983. Office of Special Education and Lower Coyote Creek flood problems are Arthur E. Williams, Rehabilitative Services being investigated under the provisions Colonel, Corps of Engineers, District Handicapped Children’s Early of Section 205 of the 1948 Flood Control E ngineer. Education Program Act, as amended. The potential project [FR Doc. 83-33379 Filed 12-14-83; 8:45 am] area is located between Montague BILUNG CODE 3710-GH-M AGENCY: Office of Special Education and Expressway-Trimble Road and State Rehabilitative Services, Department of Highway 237. A preliminary solution Education. Department of the Navy identified in a Reconnaissance Report ACTION: Application notice establishing entails modification of approximately Public Information Collection closing dates for transmittal of certain 2Vfe miles of existing channel to carry fiscal year 1984 new grant the 100-year floodflow. A potential Requirement Submitted to OMB for Review applications—Handicapped Children’s solution includes channel widening, new Early Education Program; correction. levee construction consisting of a levee The Department of the Navy has located close to the channel on one bank submitted to OMB for review the SUMMARY: The Secretary of Education with a setback levee located on the following proposal for the collection of amends the notice announcing fiscal and opposite bank. The construction of information under the provisions of the programmatic information and the setback levees would alternate iron Paperwork Reduction Act (44 U.S.C. closing date for transmittal of 55762 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices

applications for new outreach projects This project is proposed by BPA to the line, when a strip of timber (100 under the Handicapped Children’s Early improve the existing electric power acres) in the unused portion of the right- Education program. The purpose of this transmission system that serves the of-way is removed. Since an average amendment is to inform potential general area of northeastern 620,000 acres of timber are harvested applicants of a revised estimate of ^ Washington between Roosevelt Lake per year in the Colville National Forest, funding level and number of awards and the Pend Oreille River and from the the amount of additional timber loss due available for new outreach projects Canadian border to just north of to construction of this project is not under this program for fiscal year 1984. Spokane and Long Lake on the Spokane significant. FOR FURTHER INFORMATION CONTACT: river. The need to improve the system is (3) To reduce the high visibility of the For further information contact Jane created by a combination of (1) towers in the lone Hill and Lead King DeWeerd, Program Development undesirable operating conditions, i.e., Lakes areas, towers will be darkened to Branch, Special Education Programs, high losses, frequent generator dropping blend with the surrounding landscapes. Donohoe Building, Room 4046, U.S. at Boundary Dam, and heavy loading of The right-of-way clearing on lone Hill Department of Education, 400 Maryland the two 230-kV Boundary-Bell will be designed to create an irregular Avenue, SW., Washington, D.C. 20202. transmission lines; (2) forecasted load edge more like the natural appearance Telephone: (202) 245-9405. growth in the project area; and (3) lack of the surrounding area. of capacity to integrate additional new SUPPLEMENTARY INFORMATION: On To reduce visibility and glare of the generation from the Kettle Falls wood- November 9,1983, the Secretary of line, nonspecular conductor will be used waste fired plant, Sullivan Dam, and Education published a notice inviting along all but a 13-mile segment of the Boundary Dam. line. This segment is located in applications for new projects under the BPA proposes to build about 100 miles Handicapped Children’s Early mountainous terrain, and is not visible of new 230-kV transmission line from from any major roads. Dark insulators Education Program (48 FR 51507). Inland Power and Light Company’s Half In order to provide potential will be used in the visually sensitive Moon Substation north of Spokane to its areas of the entire line. applicants with a revised estimate of Boundary Substation south of Seattle For overall appearance improvement, available funds and number of new City Light Company’s Boundary Dam about 12 steel poles will be used at six projects expected to be funded under near the U.S.-Canadian border. For most tap points and at substations along the this program, the Secretary is revising of the route, the new line would be line to replace the more massive-looking the notice as follows: double circuit and would replace an wood deadend structures. A neutral On page 51509, column 3, in the first existing 115-kV line. A 6.5-mile segment color tone will be used for these poles to full paragraph, line 2, the estimate of in the Spirit Cutoff area would be built match that of the wood structures (see available funds is changed to read along new right-of-way. The last 9-mile the EA, p. 3-39). “$3,000,000”. In the third line of the same segment to Boundary Substation would paragraph, the number of new outreach be single-circuit 230-kV and would (4) Less than one acre of Prime projects projected to be funded under parallel rather than replace the existing Farmland out of 268 acres of Prime this notice is changed to read “30”. This Seattle City Light Company 115-kV line. Farmland along the right-of-way will be revised estimate of funding level, The proposed action includes two-pole removed from production to however, does not bind the U.S. double-circuit wood structures, and accommodate greater area requirements Department of Education to a specified double-circuit and single-circuit steel of the double-circuit transmission number of grants or to the amount of towers. structures. To reduce the amount of any grant, unless that amount is alternatives considered for this farmland removed from production at otherwise specified by statute or project did not meet one or all of the structure locations, free-standing steel regulations. three needs identified, or were identified towers will be substituted for guyed wood deadend structures in (20 U.S.C. 1432,1424) as having significant environmental problems, these alternatives were approximately five locations. In order to (Catalog of Federal Domestic Assistance No. dropped from serious consideration. minimize impacts to farming during the 84.024, Handicapped Children’s Early growing season, construction within the Education Program) During the public review period, Seattle City light Company asked for a farmland areas north of Deer Park, and Dated: December 12,1983. reconsideration of using its existing 115- the Colville, Mill Creek, and Deep Creek Madeleine Will, kV right-of-way. After reviewing the Valleys will be scheduled after the A ssistant S ecretary. economic costs and environmental normal growing season. Payment will be [FR Doc. 83-33330 Filed 12-14-83; 8:45 am] impacts, and discussing this alternative made by BPA for crop damage and for BfLLtNG CODE 4000-01-« with Seattle City Light Company, this damage which may occur to irrigation alternative was not given further systems, drainage systems, and fences, consideration. The alternatives, the or other improvements. DEPARTMENT OF ENERGY need for the project, and related actions (5) A total of approximately 152 acres to be taken are discussed in detail in the of forest land along the line will be Bonneville Power Administration environmental assessment (EA) for the withdrawn from productive use. This is project (see DOE/EA-0220, July 1983). less than 0.02 percent of the 952,789 Boundary-Spokane/Colviiie Valley Reasons why impacts are not acres of forest land in Stevens County. Support Project Finding of No significant: The loss in productive capacity would Significant Impact (1) Disturbance to soils will occur be about 23 thousand board feet per during construction, causing erosion and year, less than 0.02 percent of the a g e n c y : Bonneville Power compaction. To prevent subsequent approximate annual timber harvest in Administration (BPA), DOE. erosion, exposed soil will be seeded Stevens County. ACTION: Finding of No Significant Impact after construction. (6) Thirty-nine residences within 250 (FONSI) for BPA’-s proposed Boundary- (2) Long-term loss or modification of feet of the line may be temporarily Spokane/Colville Valley Support vegetation and wildlife habitat will disturbed by noise during construction. project. occur along the northernmost 15 miles of This impact is not significant because no Federal Register / Vol 48, No. 242 / Thursday, December 15, 1983 / Notices 55763

one residence will be affected for more be used. If, during the tower design that no significant impact would result than 2 or 3 weeks during construction. process, specific problems are from the proposed project (see p. 1-1). BPA construction contractors will encountered, special measures such as Based upon the information in the EA, comply with applicable noise swamp braces could be incorporated. In and because comments from the public regulations. addition, clearing equipment will be and other agencies revealed no new (7) An intensive cultural resource restricted to designated roads or one impacts, the Department of Energy survey was conducted on the proposed travelled way, and a minimum 100-foot­ determines that BPA’s action will not corridor in August of 1983, following wide buffer strip of vegetation will be significantly affect the quality of the publication of the EA. BPA determined left along all stream banks. The human environment within the meaning that several archaeological sites proposed project will comply with of the National Environmental Policy originally identified as potentially Federal, State and local floodplain Act, 42 U.S.C. 4321 et seq. Therefore, an eligible for the N ational Register o f protection standards. Though Federal environmental impact statement will not Historic Places did not meet N ational policy does not allow BPA to make be prepared. Also, there is no R egister criteria. No other properties on formal application for required State practicable alternative to locating the or eligible for the N ational R egister permits, BPA will provide all requested proposed action within the floodplains were found in the project area. A report information necessary in order to discussed above. documenting these studies will be comply with State and local substantive Copies of this finding will be transmitted to the Washington State requirements. distributed to those landowners and Historic Preservation Office for (8) The proposed project is consistent concurrence. Should a previously governmental agencies which received and compatible with the land use plans the EA and participated in the scoping unknown resource be discovered late or and policies of Spokane County, Pend meeting and workshops. Copies of the uncovered during construction, BPA will Oreille County, and Stevens County (see EA, this finding, and related documents follow all procedures outlined in the EA, p. 3-33}. are available upon request to the applicable Federal laws to avoid (10) There will be no effect on (1) Environmental Manager, Bonneville adverse impacts to cultural resources. endangered species (see the EA, p. 3- Power Administration, P.O. Box 3621-SJ, Specific actions which would be taken 19); or (2) special recreation areas such Portland, Oregon 97208, telephone (503) are detailed in the Ea (see p. 3-45}. as Wild and Scenic Rivers, National 230-5136. (8) The part of the 30-40 acre Lead Trails, etc. (see the EA, p. 3-32). King Lakes wetland crossed by the line Related Documents: A Study Report Issued in Washington, D.C., December 5, will be spanned. On the western edge, containing technical support and 1983. only tall vegetation will be removed documentation for the EA was prepared William A. Vaughan, from about 5 acres of the corridor. This by Dames and Moore, Inc., BPA’s Assistant Secretary, Environmental will reduce wildlife cover and the value contractor for the EA. An overview Protection, Safety, and Emergency of the area as a visual resource. Clearing report on cultural resources was Preparedness. equipment in the right-of-way will be prepared for BPA by Archaeological and [FR Doc. 83-33391 Filed 12-14-83; 8:45 am] restricted to insure that as much dense Historical Services of Eastern BILLING CODE 6450-01-M cover as possible is retained for wildlife Washington University (Bonneville and to minimize visual impacts. Steel Cultural Resources Group Report towers will also be darkened to blend Number 100-25,1982). The conclusions Impact Aid Policy; Opportunity for with the background. for that report were used in the EA. A Public Comment Though not significant, the potential report on the intensive surveys is a g e n c y : Bonneville Power for direct, adverse impact to floodplains expected before construction begins. Administration (BPA), DOE. and wetlands in the project area does The report will identify previously exist. Actions within the floodplain/ unknown cultural resources, if any, that a c t i o n : Notice of revised proposed wetlands involve: (1) Limited qualify for the protective measures policy and opportunity for public review construction activity involving about 84 outlined in the EA. and comment. structures within 12 or 18 floodplains Other related documents include: (1) including floodplains of the Colville Environmental Assessment for the Bell- SUMMARY: Section 7(m) of the Pacific River, Deep Creek, Mill Creek, and Halfmoon Transmission Line Project, Northwest Electric Power Planning and Dragoon Creek, in an existing corridor; prepared by BPA in 1981; (2) Conservation Act (Regional Act) and (2) clearing of tall vegetation on 5 Environmental Report to Support provides that BPA may establish a acres on the west side of the Lead King Application for Amendment to License regionwide uniform formula for payment Lakes wetland. An alternative location for the Boundary Hydroelectric of impact aid to local governments, which would avoid floodplain-wetland Development Project No. 2144, prepared which have been substantially impacted areas would involve a new corridor in by the City of Seattle’s City Light by the presence of a BPA major upland areas. Cost and impacts to soils, Department in 1982; (3) final transmission facility located within the timber, and land use would be much environmental impact statement (FEIS) government’s boundaries. This revised higher. Designing the transmission line for The Washington Water Power proposed policy has been changed to span the floodplain areas is not a Company’s Wood-Fired Electric significantly from an earlier proposal practicable alternative because the Generating Plant at Kettle Falls, published in the Federal Register on floodplains are too wide. Washington, prepared by Stevens May 20,1982 (47 FR 21912). The present During 35 years of operation of the County Planning Department in 1980; (4) revised policy contains the formula and present line, there has been no problem FEIS for the Sullivan Creek administrative requirements for making with the structural integrity of the Hydroelectric Project, prepared by the impact aid payments. The payment portions of the line located within the Washington State Department of formula itself takes into account the floodplain areas. To minimize potential Ecology and the Pend Oreille Public nature and costs of local government harm to or within the floodplain/ Utility District in 1981. services provided to the BPA wetland areas from the new line, similar The EA was circulated for a 30-day Administrator in connection with major design and construction practices will review. It included a tentative finding transmission facilities. 55764 Federal Register / Yol. 48, No. 242 f Thursday, December 15, 1983 / Notices

DATES: BPA encourages the public to accordance with the procedures for and the appropriate fiscal year is submit written comments on the revised public notification and hearings as therefore 1984 (beginning October 1, proposed formula. They will become described in Sec. 7{i) of the Regional 1983). However, the Regional Act also part of the Official Record, and must be Act. requires approval of the formula by the received on or before February 15,1984. BPA held hearings on its proposed Federal Energy Regulatory Commission In addition, BPA will meet with formula in May and June of 1982. In (FERC). That approval will not have interested persons who may have addition to the opportunity to submit occurred by October 1,1983, and questions regarding the revised oral and written material, BPA payments will not begin until some proposed formula. To request such a encouraged the submission of written months later, when approval has meeting, interested persons should views, data, questions, and arguments occurred. At that time, a qualifying local contact the Area or District Manager in for inclusion in the record. government would receive payment for their locality or the office of the Public The Administrator has developed a services provided since December 5, Involvement Manager. revised proposed formula after 1980. Thereafter, construction payments ADDRESS: Written comments should be considering the public comment would be made at the beginning of each submitted to Ms. Donna Geiger, Public received on the proposed formula. BPA Fiscal Year, and preconstruction and Involvement Manager, Bonneville Power is now seeking written comment on the O&M period payments would be made Administration, P.O. Box 12999, revised proposed formula, and will generally at the time of incurrence. Portland, Oregon 97212. endeavor to meet with those who may III. Discussion of Significant Concepts FOR FURTHER INFORMATION CONTACT: have questions concerning the revised in the Policy Ms. Donna L Geiger, Public Involvement proposed formula. Following the receipt Manager, at the address above, 503-230- of public comment, the Administrator A. Major Transmission Facility. 3478. Oregon callers outside of Portland will make a final decision establishing a Section 7(m) of the Regional Act states may use the toll-free number 800-452- uniform regionwide formula which will that major transmission facilities shall 8429; callers in California, Idaho, be based on the record. The final be as defined in Sec. 3(c) of the Federal Montana, Nevada, Utah, Wyoming, and formula may differ from the revised Columbia River Transmission System Washington may use 800-547-6048. proposed formula as set forth in this Act (FCRTSA). The definition in Sec. Mr. George Gwinnutt, Lower Notice, in consideration of public 3(c) provides that: comment, the record, and other Columbia Area Manager, Suite 288,1500 The term “major transmission facilities” NE. Irving Street, Portland, Oregon information developed by the Administrator. means transmission facilities intended to be 97232, 503-230-4551. used to provide services not previously Mr. Ladd Sutton, Eugene District The formula will become effective as provided by the Bonneville Power Manager, Room 206, 211 East Seventh indicated in the summary following. Administration with its own facilities. Street, Eugene, Oregon 97401, 503-345- II. Summary of Impact Aid Formula Through the annual budget (submitted 0311. to Congress), BPA identifies those Mr. Ronald H. Wilkerson, Upper The attached proposed formula represents BPA’s effort to maximize facilities which are determined to be Columbia Area Manager, Room 561, major transmission facilities. Those West 920 Riverside Avenue, Spokane, payments to affected local governments, given the limitations contained in the which have been so identified are: WNP Washington 99201 509-456-2518. Nos. 3 and 5 Integrating Transmission; Mr. George Eskridge, Montana District congressional authorization. The intent is to pay for a qualifying local Western Montana Transmission; Manager, 800 Kensington, Missoula, Southwest Oregon Service; Surprise Montana 59801, 406-329-3860. government’s cost of services Valley Area Service; and Boundary Mr. Ronald K. Rodewald, Wenatchee concerning a BPA major transmission Integration and Colville Valley Support; District Manager, P.O. Box 741, facility located within the government’s and Salmon River-Lost River Service. Wenatchee, Washington 98801, 509-662- boundaries. If expenditures exceed the The last facility was completed prior to 4377, extension 379. amount calculated pursuant to the passage of the Regional Act, and hence Mr. Ronald Casad, Puget Sound Area formula, the additional amount will be could only qualify for impact aid by a Manager, Room 250,415 First Avenue paid. That facility must have been completed, or a modification of it future modification meeting Sec. 7(m) North, Seattle, Washington 98109, 206- requirements. 422-4130. undertaken, subsequent to passage of Additionally, BPA proposes to include Mr. Thomas Wagenhoffer, Snake the Regional Act, and it must result in a River Area Manager, West 101 Poplar, substantial impact on the local facilities that were not identified as major under the FCRTSA definition Walla Walla, Washington 99362, 509- government The latter requirement is 525-5500, extension 701. met where application of the because they were included in budgets Mr. Robert N. Laffel, Idaho Falls construction period formula results in an that preceded passage of the FCRTSA. District Manager, 531 Lomax Street, annual payment figure of at least $1,000. BPA considers such facilities to have Idaho Falls, Idaho 83401, 208-523-2706. Services covered are all those been within the contemplation of Mr. Frederic D. Rettenmund, Boise reasonably related to the facility and the Congress as “major facilities” at the District Manager, Owyhee Plaza, Suite personnel associated with it, and time of the FCRTSA’s passage. The 245,1109 Main Street, Boise, Idaho include fire protection, police protection, facilities covered are: The Ashe- 83707, 208-334-9138. facility planning services, emergency Willamette Valley service; the Bell-Hot services, road maintenance, school Springs Service; the Grand Coulee- SUPPLEMENTARY INFORMATION: services, etc. As stipulated in the Hanford Service; the Trojan-Allston Background Regional Act, payments may not begin service; and the WNP No. 2 Integrating until the first full fiscal year after I. Public Review and Comment Transmission service. Only the first two approval of a regional plan by the (Ashe-Willamette Valley and Bell-Hot The Regional Act allows BPA to Pacific Northwest Electric Power and Springs) were or will be completed after develop a regionwide uniform formula Conservation Planning Council passage of the Regional Act, hence for making annual impact aid payments (Regional Council). The Regional qualifying for impact aid. The other to appropriate local governments in Council approved the plan in April 1983, three could qualify if they are modified Federal Register / Vol, 48, No. 242 / Thursday, December 15, 1933 / Notices 55765 at some future date. It should also be annually during the construction period. impact aid payments to qualifying local noted that some “modifications” to older For the preconstruction and O&M governments which have been lines may be so substantial that they periods recognized by the formula, substantially impacted by the location would be identified as new “major payments will be made on an actual of a major transmission facility within transmission facilities” and would cost basis, since services are less and their jurisdictional boundaries. In therefore qualify for impact aid. are more easily identified during these compliance with the Regional Act, the B. Payment of Service Costs. BPA has periods. payment formula is to identify and take determined that the “costs" which can D. Substantial Impact Requirement. into account the services provided to the be paid through impact aid can only be The Administrator is not authorized to BPA Administrator concerning such service costs, and not any other costs or provide impact aid assistance under facilities and the associated costs to reimbursement of lost taxes. Section Sec. 7(m) unless he finds that the such governments as the result of such 7(m)(2) of the Regional Act states that: qualifying transmission facility facilities. To be eligible for impact aid In developing such [impact aid] formula, substantially impacts, as distinguished payments, the construction of the the Administrator shall identify, and take from merely impacts, the local facilities, or any modification thereof, into account, the local governmental services government. According to the formula, must be completed after the effective provided to the Administrator concerning the substantial impact requirement is date of the Regional Act (December 5, such facilities and the associated costs to satisfied where application of the 1980), and any modification must result such governments as the result of such construction period formula results in an facilities. in a substantial increase in capacity. annual payment figure of at least $1,000. Payments may not begin until the There is some question as to whether The requirement does not apply to the beginning of the first fiscal year (FY 84) the words "associated costs” refer to the preconstruction period. If the test is met, after adoption of a Northwest “facilities” or to “services.” If the payment under the formula is Conservation and Electric Power Plan former, then the costs would be any that implemented. Any proposed test would (FY 83) and approval of the formula by the local government incurred on behalf necessarily be a somewhat arbitrary the Fédéral Energy Regulatory of the facilities; if the latter, then the one, as “substantial” is not a defined or Commission (FERC). Additional costs would be limited to those of specific term in section 7(m); however, requirements are identified in Sec. 7(m) services provided. Any uncertainty on the proposed test is recommended based of the Regional Act and in the this or the tax issue is put to rest by the on its reasonableness and ease of provisions that follow. Failure to comply legislative history. Representative application. with any requirements herein may E. Qualifying Local Governments. Dingell, in his summary of section 7(m) disqualify a local government from Under the statute, payments may be (126 Cong. Rec. 10,685 (daily ed. Nov. 17, impact aid payments. 1980)}, stated: made to “* * * appropriate local Hie intent is to make these payments governments ***** That term is not Section 2. Definitions reflect the services provided by the defined in the statute. The initial proposal defined local governments as a. “Construction Period” includes the governments and not any taxes that may time from the first Notice to Proceed have been lost or estimated to have been lost "cities, towns, counties, and appropriate by the communities. This is not a payment-in- Indian tribes.” The present definition (NTP) date to the final completion date, lieu-of-taxes provision. qualifies counties only, for a number of as scheduled in or for the construction contracts, and is applied to the Consequently, only service costs are reasons. Responding to one of the criticisms of the policy, a single entity is separately energized segments of each being compensated for under the policy Major Transmission Facility. formula. administratively easier for BPA to deal with. Further, BPA major transmission b. “Fiscal Year” is the BPA (and C. Formula Based on Nonlocal Work facilities are not located in cities, towns, Federal Government) fiscal year of Force and County Service or on Indian Reservations. Local service October 1 through September 30. T3Expenditures. Although an actual- districts have not been included because c. “Location” or “Located” generally cost approach was the basis of the they do not meet the general definition means the beginning of construction of a initial proposal, BPA received many of a local government. Major Transmission Facility or segment comments indicating that this amounted Payment of impact aid is subject to thereof, but may also include to a narrow and limited interpretation of availability of funds. BPA will pay no preconstruction activity related to BPA Sec. 7(m), and also would be an extreme interest on impact aid monies. consideration of various sites. administrative burden, both on the local Impact Aid Policy Alternative sites will be covered only to governments and on BPA. The revised the extent they are so identified in proposal responds to both criticisms by Table of Contents BPA’s Notice of Intent. (See also Sec. basing construction period payments on Section 1. Introduction 2(g) of the Policy.) a mathematical formula utilizing the Section 2. Definitions d. “Major Transmission Facility” [as average non-local work force in the Section 3. Form ula defined in Sec.,3(c) of the Federal Section 4. Paym ents county, and the per capita service Columbia River Transmission System Section 5. Recordkeeping and Review expenditures budgeted by the county. Section 6. P enalties Act (FCRTSA)] means a transmission The construction payment is intended to Section 7. Modification facility completed after the effective pay foy normal services incurred. date of the FCRTSA that has been or Extraordinary expenditures are outside Section 1. Introduction would have been identified for inclusion this payment’s coverage. Also, payment The following provisions constitute in BPA’s budget as a major transmission supplementation is allowed where Bonneville Power Administration’s facility requiring specific congressional normal actual expenditures are shown (BPA) implementation of a regionwide approval. to exceed the formula payment. There is uniform formula, as allowed by Sec. e. Notice of Intent is publication in the a recordkeeping requirement in the 7(m) of the Pacific Northwest Electric Federal Register of the BPA formula, and the service budget and Power Planning and Conservation Act Administrator’s decision to consider population figures will be updated (Regional Act). That section allows construction of a given facility. 55766 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices

f. “Operation and Maintenance (O&M) The .67 factor reflects the presence of indicated in section 3 of this policy. Period” includes the time from the workers’ family members. The average Payment is subject to availability of construction completion date as stated non-local work force is determined funds and budget authority. No interest in the contract, until such time as the based on BPA construction estimates. will be paid with respect to impact aid facility is permanently taken our of The county share is determined on the payments. service (decommissioned), is subject to basis of the ratio of structure mileage in reconstruction or major modification, or a county to total project mileage for the Section 5. Recordkeeping and Review is sold or otherwise removed from BPA line, with substation work force All Local Governments receiving operation. allocated separately. Annually updated impact aid payments shall keep g. "Preconstruction Period” includes county budget and population figures adequate records of their total service the time from publication of BPA’s will determine per capita expenditure. budget and population figures, and shall Notice of Intent (NOI) in the Federal Annually updated figures will be sent to make such records available to the Register regarding a facility until the BPA by the counties. Administrator upon request. In addition, NTP date for that particular facility’s c. During the Operation and BPA, or its designee, may conduct such Maintenance (O&M) Period, actual costs construction. (See also Sec. 2(c) of the audits, examinations, or inspections of plus reasonable overhead costs for all Policy.) the local government’s records and services requested by BPA or h. “Qualifying Local Governments” procedures, as BPA deems appropriate. are counties which have been necessarily incurred as a direct Any audit will be performed in Substantially Impacted by the location consequence of proposed BPA action or accordance with audit standards of BPA Major Transmission Facilities presence. Payment will be made upon established by the Comptroller General within their jurisdictional boundaries. presentation of satisfactory vouchers. i. “Regional Plan” means the plan and d. Annual construction payments will of the United States. The number, program developed and adopted by the be prorated for periods of construction timing, and extent of such audits will be Pacific Northwest Electric Power and lasting less than one calendar year. at the discretion of BPA or its designee. Conservation Planning Council pursuant Payments will be debited for any period The right to audit will be available for a to Secs. 4(d) and 4(h) of the Regional of construction suspension (not 3-year period subsequent to the date of Act. applicable to seasonal adjustment). payment. j. “Substantially Impacted” is a •Since the payments will be made in Section 6. Penalties requirement met by a local government advance, any interest gained by the where application of the Construction Local Governments shall be considered Officials or others who provide Period formula results in an annual part of the payments. The first payment information or documentation under this payment figure of at least $1,000. will cover the period from the effective formula are subject to, among other k. “Substantial Increase in Capacity” date of the Regional Act through the laws, the criminal penalties of Title 18 of is a requirement for modifications to calendar year numbered the same as the the United States Code. Sections 287 existing Major Transmission Facilities. Fiscal Year in effect at the time of and 1001, which punish the submission It is met where there is a 100-percent formula approval. Where a Qualifying of false, fictitious, or fraudulent claims increase in the design electrical capacity Local Government can prove an annual and the making of false, fictitious, or of such facility. expenditure for services which exceeds fraudulent statements, provide for a fine that allowed by the construction period of not more than $10,000 or formula, BPA will pay the actual Section 3. Formula imprisonment for not more than 5 years, amount. or both. Violators are likewise subject to Each Qualifying Local Government e. The construction payment is the civil penalties of 31 U.S.C. 231. shall be paid pursuant to the following intended to pay for normal services Section 231 provides that the person formula: provided by Qualifying Local liable “shall forfeit and pay to the a. During the Preconstruction Period, Governments. Any extraordinary United States the sum of $2,000, and, in actual costs plus reasonable overhead expenditures are beyond the coverage of addition, double the amount of damages this formula, and will be paid costs for all services requested by BPA which the United States may have separately. or necessarily incurred as a direct sustained by reason of doing or consequence of proposed BPA action. committing such act, together with the The Substantially Impacted requirement Section 4. Payments costs of suit; and such forfeiture and shall not be applicable during this Beginning in the first fiscal year after damages shall be sued for in the same period. A negotiated advance will be adoption of the Regional Plan and suit.” paid by BPA to each local government. following approval of the impact aid That amount may be increased as Section 7. Modification formula by the FERC [see Regional Act necessary, and the local government Secs. 7(m) (1) and (2)], BPA will This formula is subject to modification will return any excess within 60 days commence impact aid payments. For where determined necessary by the BPA after construction has commenced. facilities already located, formula- Administrator; such modificaiton shall b. Annually, during the Construction derived payment will be mailed to all not occur more often than once a year. Period, an amount equal to the known Qualifying Local Governments Any changes of a major nature shall estimated non-local work force and once FERC approval of the formula has require application of the Regional Act family members present in the county occurred. For future facilities, payments Sec. 7(i) procedure, including FERC times the county’s per capita cost for shall begin once such facilities have review. services. This can be represented by: been appropriately identified by the Issued in Portland, Oregon, on December 5, 1 .6 7 x A x B BPA Administrator in a Notice of Intent. 1983. Where Therefore, as appropriate, construction Peter T. Johnson, A = county share of project average non-local payments shall be made annually at the Administrator, Bonneville Power work force beginning of each fiscal year for the Administration. B=county’s annual per capita budgeted same numbered calendar year, and [FR Doc. 83-33420 Filed 12-14-83; 8:45 am ) service expenditure other payments shall be made as BILLING CODE 6450-01-M Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices 55767

Economic Regulatory Administration exemption to permit the use of natural NEPA Compliance gas and/or petroleum as the primary [Docket No. ERA-FC-83-018; FC Case No. After review of the petitioner’s 55069-92326-20-24] energy source in a proposed 38 MW cogeneration powerplant to produce environmental impact analysis, together with other relevant information, ERA Powerplant and Industrial Fuel Use; electricity and steam at CCA’s Vernon has determined that the granting of the Prohibition Orders, Exemption Plant in Los Angeles County, California. requested exemption does not constitute Requests; Container Corporation of At ERA’s request, CCA filed additional a major Federal action significantly America data and information on September 23, 1983. The cogeneration facility will affecting the quality of the human AGENCY: Economic Regulatory consist of a natural gas-fired combustion environment within the meaning of Administration, DOE. turbine, with distillate fuel oil backup section 102(2)(C) of the National Environmental Policy Act of 1969. a c t i o n : Order Granting to Container capability, and a supplemental-fired Corporation of America an Exemption duct burner unit associated with a heat Order Granting Permanent from the Prohibitions of the Powerplant recovery steam generator. The facility Cogeneration Exemption and Industrial Fuel Use Act of 1978. will operate on a continuous basis producing approximately 34 MW of Based upon the entire record of this s u m m a r y : The Economic Regulatory electric power and up to 160,000 pounds proceeding, ERA has determined that Administration (ERA) of the Department per hour of steam. CCA proposes to sell CCA has satisfied the eligibility of Energy (DOE) hereby gives notice virtually all of the electric power requirements for the requested that it has granted a permanent generated by the facility to Southern permanent exemption, as set forth in 10 cogeneration exemption from the California Edison. Accordingly, under CFR 503.37. Therefore, pursuant to prohibitions of Title II of the Powerplant ERA’s definition set forth in 10 CFR section 212(c) of FUA, ERA hereby and Industrial Fuel Use Act of 1978 (42 500.2, the cogeneration facility is an grants a permanent cogeneration U.S.C. 8301 et seg.) (“FUA” or “the Act”) electric powerplant. exemption to CCA to permit the use of natural gas and/or distillate fuel oil in a to Container Corporation of America Basis for Permanent Exemption Order (CCA). The cogeneration exemption proposed 38 NW cogeneration permits the use of natural gas and/or The permanent exemption order is powerplant to produce electricity and distillate fuel oil as the primary energy based upon the evidence in the record steam at its Vernon Plant in Los Angeles source in a proposed 38 megawatt (MW) including CCA’s certifications to ERA, County, California. cogeneration facility at CCA’s Vernon as required by 10 CFR 503.37(a)(1), that: Pursuant to section 702(c) of the Act Plant located in Los Angeles County, 1. The oil or gas to be consumed by and 10 CFR 501.69, any person aggrieved California. The final exemption order the congeneration facility will be less by this order may petition for judicial and detailed information on the than that which would otherwise be review thereof at any time before the proceeding is provided in the consumed in the absence of the 60th day following the publication of supplementary information section cogeneration facility, where the this order in the Federal Register. below. calculation of savings is in accordance Issued in Washington, D.C., on December 2, with § 503.37(b) of the final rules; and DATE: The order shall take effect on 1983. 2. The use of a mixture of either February 13,1984 (section 702(a), FUA). Robert L. Davies, petroleum or natural gas and an The public file containing a copy of Director, Petroleum and Electricity Division, alternate fuel in the congeneration the order, other documents and Office of Fuels Programs, Economic facility for which an exemption under supporting materials on this proceeding Regulatory Administration. § 503.38 of the final rules would be is available for inspection upon request [FR Doc. 83-33393 Filed 12-14-83; 8:45 am] available, would not be economically or BILLING CODE 6450-01-M at: Department of Energy Freedom of technically feasible. Information Reading Room, 1000 Independence Avenue, SW., Room 1E- Procedural Requirements 190, Washington, D.C. 20585, from 8:00 to [Docket No. ERA-FC-83-024; FC Case No. In accordance with the procedural 67041-924-20-24] 4:00 p.m., Monday through Friday, requirements of section 701(c) of FUA except Federal holidays. and 10 CFR 501.3(b), ERA published its Powerplant and Industrial Fuel Use; FOR FURTHER INFORMATION CONTACT: Notice of Acceptance of the Petition and Prohibition Orders, Exemption Edward J. Peters, Jr., Office of Fuels Availability of Certification in the Requests; University Energy Programs, Economic Regulatory Federal Register on October 14,1983 (48 Administraton, Forrestal Building, FR 46836), commencing a 45-day public AGENCY: Economic Regulatory Room GA-073,1000 Independence comment period. Administration, DOE. Avenue SW., Washington, D.C. 20585, A copy of the petition was provided to ACTION: Order Granting to University Phone (202) 252-8162 the California State Clearinghouse, Energy an Exemption from the Marya Rowan, Office of General Office of the Governor and to the Prohibitions of the Powerplant and Counsel, Department of Energy, Environmental Protection Agency for Industrial Fuel Use Act of 1978. Forrestal Building, Room 6B-235,1000 comments as required by section 701 (c) SUMMARY: The Economic Regulatory Independence Avenue, SW., and (f) of the Act. During the comment Administration (ERA) of the Department Washington, D.C. 20585, Phone (202) period, interested persons were also 252-2967. afforded an opportunity to request a of Energy (DOE) hereby gives notice that it has granted 3 permanent SUPPLEMENTARY INFORMATION: public hearing. The comment period On cogeneration exemption from the August 1,1983, CCA petitioned ERA closed on November 28,1983; no comments were received and no hearing prohibitions of Title II of the Powerplant qnder section 212(c) of FUA and 10 CFR and Industrial Fuel Use Act of 197Q (42 503.37 for a permanent cogeneration was requested. 55768 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices

U.S.C. 8301 et seq.) (FUA or “the Act”) ERA, in accordance with 10 CFR Issued in Washington, D.C., on December 2. to University Energy (University). The 503.37(a)(1) that the oil or gas to be 1983. permanent cogeneration exemption consumed by the cogeneration facility Robert L. Davies, permits the use of natural gas as the will be less than that which would Director, Coal and Electricity Division, Office primary energy source in a 8.4 megawatt otherwise be consumed in the absence of Fuels Programs, Economic Regulatory (MW) combined cycle cogeneration of the cogeneration facility, where the Administration. facility designed to produce electricity calculation of savings is in accordance [FR Doc. 83-33392 Filed 12-14-83; 8:45 am] as well as the thermal energy required with § 503.37(b) of the final rules, and BILLING CODE 6450-Q1-M to produce steam at University’s facility the use of a mixture of petroleum and in the South Belridge Oil Field, natural gas and an alternate fuel in the Southeast corner of T28S, R21E. of cogeneration facility, for which an The True Companies; Action Taken on Section 19, Kern County, California. The exemption under § 503.38 of the final Consent Order final exemption order and detailed rules would be available, would not be a g e n c y : Economic Regulatory information on the proceeding is economically or technically feasible. Administration, DOE. provided in the SUPPLEMENTARY Procedural Requirements INFORMATION section below. ACTION: Notice of action taken on consent order. DATES: The order shall take effect on In accordance with the procedural requirements of section 701(c) of FUA February 13,1984, (section 702(a), FUA). SUMMARY: The Economic Regulatory The public file containing a copy of and 10 CFR 501.3(b), ERA published its Notice of Acceptance of the Petition and Administration (ERA) of the Department the order, other documents and of Energy (DOE) announces that it has supporting materials on this proceeding Availability of Certification in the Federal Register on October 17,1983 (48 adopted a Consent Order with The True is available for inspection upon request Companies (True) as a final order of the at: Department of Energy Freedom of FR 47048), commencing a 45-day public comment period. DOE. Information Reading Room, 1000 A copy of the petition was provided to EFFECTIVE DATE: November 17,1983. Independence Avenue, SW., Room 1E- the Environmental Protection Agency 190, Washington, D.C. 20585, Monday FOR FURTHER INFORMATION CONTACT: for comment as required by section through Friday, 8:00 a.m. to 4:00 p.m. David H. Jackson, Director, Kansas City 701(f) of the Act; a copy was also FOR FURTHER INFORMATION CONTACT: Office, Economic Regulatory provided to the Federal Trade Administration, 324 East 11th Street, William H. Freeman, Office of Fuels Commission for its comments. During Programs, Economic Regulatory Kansas City, Missouri 64106-2466, (816) the comment period, interested persons 374-2092. Administration, Forrestal Building, were afforded an opportunity to request SUPPLEMENTARY INFORMATION: Room GA-073,1000 Independence a public hearing. The comment period On Avenue, SW., Washington, D.C. 20585, closed on December 1,1983; no August 12,1983, 48 Fed. Reg. 36643, the Phone (202) 252-2993 comments were received and no hearing ERA published a notice in the Federal Marya Rowan, Office of General was requested. Register that it executed a proposed Counsel, Department of Energy, Consent Order with The True Forrestal Building, Room 6B-235,1000 NEPA Compliance Companies of Casper, Wyoming on July Independence Avenue, SW., After review of the petitioner’s 18,1983 which vyould not become Washington, D.C. 20585, Phone (202) environmental impact analysis, together effective sooner than 30 days after 252-2967. with other relevant information, ERA publication of that notice. The Consent SUPPLEMENTARY INFORMATION: On has determined that the granting of the Order settles alleged regulatory September 1,1983, University petitioned requested exemption does not constitute violations brought by the DOE against ERA under section 212(c) of FUA and 10 a major Federal action significantly True relating to True’s compliance with CFR 503.37 for a permanent affecting the quality of the human the federal petroleum price and cogeneration exemption to permit the environment within the meaning of allocation regulations administered by use of natural gas as the primary energy section 102(2) (c) of the National DOE and its predecessor agencies as source in a 8.4 megawatt (MW) Environmental Policy Act of 1969. applied to True’s transactions involving combined cycle cogeneration facility natural gas processing, crude oil consisting of a gas-fired combustion Order Granting Permanent production, and the distribution of crude turbine and a waste heat boiler. The Cogeneration Exemption oil and petroleum products during the natural gas for the turbine will be Based upon the entire record of this period August 19,1973 through January obtained from wells located in the oil proceeding, ERA has determined that 28,1981. Under the terms of the Consent field. The steam will be used in the University has satisfied the eligibility Order the company will refund tertiary recovery of crude oil from the oil requirements for the requested $3,500,000. The funds are to be paid to field and all erf the net annual electric permanent exemption, as set forth in 10 the DOE for ultimate distribution. power generation will be sold to the CFR 503.37. Therefore, pursuant to Pursuant to 10 CFR 205.199j(c), local utility, Pacific Gas and Electric section 212(c) of FUA, ERA hereby interested persons were invited to Company. Accordingly, the facility grants a permanent cogeneration submit comments concerning the terms which will be located in the South exemption to University to permit the and conditions of the proposed Consent Belridge Oil Field, Southeast comer of use of natural gas as the primary energy Order. T28S, R21E, of Section 19, Kern County, source for its cogeneration facility in Comments were received from w , California, is an electric powerplant Kern County, California. thirteen states and two claimant pursuant to 10 CFR 500^. Pursuant to section 70.2(c) of the Act purchasers. The commenting states each and 10 CFR 501.69, any person aggrieved suggest that funds not distributed to Basis |or Permanent Exemption Order by this order may petition for judicial directly, identifiable, injured purchasers The permanent exemption order is .review thereof at any time before the should be distributed to the states for based upon evidence in the record 60th day following the publication of use in energy related programs. Some of including University’s certification to this order in the Federal Register. the comments suggested specific Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices 55769

guidelines for restricting the use of the Since the Department received no Federal law, including those regarding funds including a percentage to cover other comments, the Consent Order as siting, construction, operation, licensing the state’s administrative costs. proposed became effective on and pollution abatement. Comments from the two claimant November 17,1983 by notice to True on Kenneth F. Plumb, purchasers assert their respective rights November 17,1983. S ecreta ry . to a share of the settlement amount. One Issued in Kansas City, Missouri on the 17th claimant also submitted its objection to [FR Doc. 83-33363 Filed 12-14-83; 8:45 amj s day of November 1983. BILUNG CODE 6717-01-M the provision in the Consent Order David H. Jackson, which relieves True of certain DOE reporting and recordkeeping Director, Kansas City Office, Economic Regulatory Administration. [Docket No. ER83-128-000] requirements and the provision whereby [FR Doc. 83-33366 Filed 12-14-83; 8:45 am] DOE limits its involvement in judicial BILLING CODE 645C-01-M Central Maine Fower Co.; Filing proceeding against True with respect to matters covered by the Consent Order. December 9,1983. The ERA has considered these Federal Energy Regulatory The filing Company submits the comments and has decided to make the Commission following: proposed Consent Order final without Take notice that on December 2,1983, modification. As indicated by the [Docket No. QF84-72-0C0] Central Maine Power Company (Central comments themselves, the ultimate Maine) tendered for filing as a rate Callis H. Atkins— Advance Mills; disposition of the funds will depend on schedule an executed agreement dated Application for Commission several factors; therefore, the ERA as of January 20,1984 between Central Certification of Qualifying Status of a believes that depositing the funds into a Maine and Green Mountain Small Power Production Facility suitable account for ultimate Corporation. The proposed rate distribution is an appropriate December 9,1983. schedule provides for the sale of interruptible energy by Central Maine to disposition of the funds at this time. On November 28,1983, Callis H. Green Mountain Power Corporation. Regarding the comments on the Atkins of Advance Mills, Rt. 2, Box 91, Central Maine requests an effective judicial proceedings covenant, ERA Ruckersville, Virginia 22968, filed with date of January 20,1984, and therefore notes that the Consent Order by its the Federal Energy Regulatory requests waiver of the Commission’s expressed terms is intended to resolve Commission (Commission) an notice requirements, x only issues between the DOE and True, application for certification of a facility Copies of this filing have been served and does not resolve issues between as a qualifying small power production upon Green Mountain Power private parties and True arising under facility pursuant to § 292.207 of the Corporation and the Maine Public the federal petroleum price and Commission’s regulations. Utilities Commission. allocation regulations, nor does it The 100 kilowatt hydroelectric facility Any person desiring to be heard or to preclude any actions between private will be located on the North Fork of the protest said filing should file a motion to parties and True. Rivanna River in Ruckersville, Virginia. intervene or protest with the Federal ERA’S agreement not to voluntarily Any person desiring to be heard or Energy Regulatory Commission, 825 participate adversely to True in objecting to the granting of qualifying North Capitol Street, NE., Washington, proceedings related to True’s status should file a petition to intervene D.C. 20426, in accordance with Rules 211 compliance with the federal petroleum or protest with the Federal Energy and 214 of the Commission’s Rules of price and allocation regulations reflects Regulatory Commission, 825 North Practice and Procedure (18 CFR 385.211, the essence of the Consent Order as a Capitol Street, NE., Washington, D.C. 385.214). All such motions or protests final resolution of the issues between 20426, in accordance with rules 211 and should be filed on or before December DOE and True. DOE’s voluntary 214 of the Commission’s Rules of 27,1983. Protests will be considered by participation in Section 210 actions Practice and Procedure. All such the Commission in determining the adversely to True would be inconsistent petitions or protests must be filed within appropriate action to be taken, but will with an agreement settling matters 30 days after the date of publication of not serve to make protestants parties to between the company and the agency. this notice and must be served on the the proceeding. Any person wishing to In releasing the company of its duty to applicant. Protests will be considered by become a party must file a motion to comply with the recordkeeping the Commission in determining the intervene. Copies of this filing are on file requirements of 10 CFR 210.92, DOE has appropriate action to be taken but will with the Commission and are available simply exercised the authority conferred not serve to make protestants parties to for public inspection. by 10 CFR 210.92(d)(2)(B) to remove a the proceeding. Any person wishing to requirement the need for which no become a party must file a petition to Kenneth F. Plumb, longer exists. With the completion of intervene. Copies of this filing are on file S ecretary. DOE’s audit and settlement of disputes with the Commission and are available [FR Doc. 83-33364 Filed 12-14-83; 8:45 am] by the Consent Order, the records are for public inspection. BILLING CODE 6717-01-M no longer needed. The Court in U .S. O il A separate application is required for' Company, Inc., et al v. D O E and Koch a hydroelectric project license, [Docket No. CP83-79-002] Industries, 510 F. Supp. 910 (ED Wise. preliminary permit or exemption from 1981), noted that ‘‘the recordkeeping licensing. Comments on such Columbia Gas Transmission Corp.; provisions established by DOE were applications are requested by separate Petition To Amend never intended to assist private litigants. public notice. Qualifying status serves They were designed and created to only to establish eligibility for benefits December 9,1983. assist the DOE in determining whether provided by PURPA, as implemented by Take notice that on November 22, the defendants and other major oil the Commission’s regulations, 18 CFR . 1983, Columbia Gas Transmission refiners and producers were complying Part 292. It does not relieve a facility of Corporation (Columbia), 1700 with the price regulations.” [Id at 913). any other requirements of local, State or MacCorkle Avenue, S.E., Charleston, 55770 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices

West Virginia 25314, filed in Docket No; intervene in accordance with the (1983)), requesting that the Commission CP83-79-002 a petition to amend the Commission’s Rules. direct Natural Gas Pipeline Company of order issued January 26,1983, in Docket Kenneth F. Plumb, America (Natural) to pay the total rate No. CP83-79-000 pursuant to Section S ecretary. on file under Dorchester’s Rate Schedule 7(c) of the Natural Gas Act so as to [FR Doc. 83-33365 Filed 12-14-83; 8:45 am] - No. 2. Specifically, Dorchester seeks to authorize the extension of the term of BILLING CODE 6717-01-M collect a generic allowance for gathering the transportation service provided by services provided to Natural. Columbia for UGI Corporation (UGI), all Dorchester states that pursuant to a as more fully set forth in the petition [Docket No. ER84-121-000] 1946 gas purchase contract entered by which is on file with the Commission Dayton Power & Light Co.; Filing and between the predecessor to and open to public inspection. Dorchester and Natural, Natural agreed Columbia states that on January 26, December 9,1983. to pay Dorchester a fixed rate “and, in 1983, it was authorized in Docket No. The filing Company submits the addition thereto, any applicable CP83-79-000 to transport up to 22,000 dt following: gathering allowance.” 1 Dorchester equivalent of natural gas per day for Take notice that on December 1,1983, avers that the contract provided for this UGI on a best-efforts basis from Dayton Power and Light Company ; gathering allowance to permit November 1,1982, through March 31, (DP&L) tendered for filing an excuted Dorchester to recover the cost of 1983. Columbia proposes to extend this Purchase and Resale Agreement gathering gas from wells located in transportation for the period November (Agreement) between DP&L and the City Texas Cqunty, Oklahoma for delivery to 1,1983, through March 31,1984. of St. Marys (St. Marys), Ohio. Natural at the Hooker Plant. Columbia states that it would receive DP&L states that the proposed Dorchester’s sale under Rate Schedule the gas from Transcontinental Gas Pipe Agreement allows St. Marys to purchase No. 2 was certificated by the Line Corporation (Transco) at existing energy requirements from third parties Commission in Docket No. G—4907. delivery points located in Downingtown, who will use existing Interconnection Upon issuance of Opinion No. 586,2 Pennsylvania, and Rockville, Maryland. Agreement Rate schedules to deliver the Dorchester claims that Natural paid Dorchester 2.0 cents (2$) per Mcf for Columbia further states it would energy requirements to DP&L for “substantial off-lease gathering.” When redeliver said gas for the account of UGI delivery to St. Marys. DP&L requests an effective date of the Commission issued Order Nos. 94 s at existing delivery points from December 1,1983, and therefore and 94-A,4 Dorchester claims that it Columbia to UGI, an existing wholesale customer of Columbia. requests waiver of the Commission’s was then entitled to collect the generic notice requirements. gathering allowance under Rate Columbia states that the gas which Any person desiring to be heard or to Schedule No. 2 after filing its blanket Transco could deliver to Columbia is protest said filing should file a motion to affidavit pursuant to § 154.94(k) of the available to UGI pursuant to a storage intervene or protest with the Federal Commission’s regulations (18 CFR arrangement between Penn-York Energy Energy Regulatory Commission, 825 154.94(k) (1983)). Although Dorchester Corporation (Penn-York) and UGI. North Capitol Street, NE., Washington, informed Natural that it had filed its Columbia states that it would charge D.C. 20426, in accordance with Rules 211 blanket affidavit, and further provided UGI 40.11 cents per dt for the and 214 of the Commission’s Rules of Natural with an itemization and transportation service. Practice and Procedure (18 CFR 385.211, description of its entitlement to Columbia states it would retain 2.85 385.214). All such motions or protests retroactive and prospective gathering percent of the total quantity of gas should be filed on or before December charges, Natural “has refused to pay any received from Transco for the account of 27,1983. Protests will be considered by gathering allowance under Rate UGI for company-use and unaccounted- the Commission in determining the Schedule No. 2.” 8 Dorchester states that for gas. appropriate action to be taken, but will Natural’s refusal to pay is based on the Columbia states that it has been not serve to make protestants parties to Commission’s regulations concerning . advised that UGI requires the subject the proceeding. Any person wishing to minimum rate gas (18 CFR 2.56b(b) gas for system supply during the 1983- become a party must file a motion to (1983)}. 1984 winter heating season. intervene. Copies of this filing are on file In support of its complaint, Dorchester Any person desiring to be heard or to with the Commission and are available submits that it has provided a gathering make any protest with reference to said for public inspection. service to Natural and that it is petition to amend should on or before Kenneth F. Plumb, expressly authorized to collect a January 4,1984, file with the Federal S ecretary. gathering allowance under its contract Energy Regulatory Commissionr [FR Doc. 83-33366 Filed 12-14-83; 8:45 am] with Natural. Dorchester states that the Washington, D.C. 20426, a motion to BILLING CODE 6717-01-M Commission provided for such intervene or a protest in accordance allowances, even for minimum rate gas, with the requirements of the in Order Nos. 94 and 94-A. Accordingly, Commission’s Rules of Practice and [Docket No. GP84-12-000] Dorchester requests that the Procedure (18 CFR 385.214 or 385.211) Dorchester Gas Producing Co. v. and the Regulations under the Natural Natural Gas Pipeline Co. of America; 1 Dorchester complaint at 2. 2 Area Rate Proceeding, et at. (Hugoton-Anadarko Gas Act (18 CFR 157.10). All protests Complaint filed with the Commission will be Area), Docket No. AR64-1, e t a h 44 FPC 701 (1970). 3 Order Amending Interim Regulations under the considered by it in determining the December 9,1983. Natural Gas Policy Act of 1978 &nd Establishing appropriate action to be taken but will On November 23,1983, Dorchester Policy under the Natural Gas Act, Docket No. not serve to make the profestants Gas Producing Company (Dorchester) RM80-47, FERC Stats, and Regs, f 30,178 (1980) parties to the proceeding. Any person filed a complaint, pursuant to Rule 206 [Reg. Preambles 1977-1981]. wishing to become a party to a 4 Final Rule and Order on Rehearing of Order No. of the Federal Energy Regulatory 94, Docket No. RM80-47-002, III FERC Stats, and proceeding or to participate as a party in Commission’s (Commission) Rules of Regs. 30,419 (1983). any hearing therein must file a motion to Practice and Procedure (18 CFR 385.206 3 Dorchester complaint at 4. Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices 55771

Commission issue an order directing with the Commission and are available use, 51 percent for boiler fuel, and 2 Natural to pay the total rate on file for public inspection. percent for space heating. It is asserted under Dorchester’s Rate Schedule No. 2. Kenneth F. Plumb, that the transportation volumes would Any person desiring to be heard or to S ecreta ry . be consumed in the same end uses and protest this complaint should file within [FR Doc. 83-33368 Filed 12-14-83; 8:45 am } in the same relative percentages. 15 days after notice is published in the BILLING CODE 6717-01-M It is asserted that LIG would charge Federal Register, with the Federal 20.00 cents per million Btu for Energy Regulatory Commission, 825 transporting the gas from the Ridge field [Docket No. CP84-106-000]. North Capitol Street, NE., Washington, to LIG's points of interconnection with D.C. 20426, a motion to intervene or a Applicant. Applicant states its protest in accordance with the Mid Louisiana Gas Co.; Request Under Blanket Authorization transportation rate as provided in its requirements of Rules 211 or 214 of the Rate Schedule T -l is presently 16.58 Commission’s Rules of Practice and December 9,1983. cents per Mcf. Procedure. All protests filed will be Take notice that on November 30, Applicant submits that it agreed to considered but will not make the 1983, Mid Louisiana Gas Company construct and has constructed and put in protestants parties to the proceeding. (Applicant), 300 Poydras Street, New service the transportation lateral Kenneth F. Plumb, Orleans, Louisiana 70130, filed in Docket facilities necessary to connect S ecreta ry . No. CP84-106-000 a request pursuant to Applicant’s existing pipeline system to [FR Doc. 83-33367 Filed 12-14-83; 8:45 am] § 157.205 of the Commission’s the Georgia-Pacific paper mill. BILLING CODE 6717-01-M Regulations under the Natural Gas Act Any person or the Commission’s staff (18 CFR 157.205) that Applicant may, within 45 days after issuance of proposes to transport natural gas on the instant notice by the Commission, [Docket No. QF84-53-000] behalf of Georgia-Pacific Corporation file pursuant to Rule 214 of the (Georgia-Pacific), under the Commission’s Procedural Rules (18 CFR Energy Enrichment, Inc.; Application authorization issued in Docket No. 385.214) a motion to intervene or notice for Commission Certification of CP82-539-000 pursuant to Section 7 of of intervention and pursuant to § 157.205 Qualifying Status of a Small Power the Natural Gas Act, all as more fully of the Regulations under the Natural Production Facility set forth in the request which is on file Gas Act (18 CFR 157.205) a protest to the December 9,1983. with the Commission and open to public request. If no protest is filed within the inspection. On November17,1983, Energy . time allowed therefor, the proposed Pursuant to an agreement dated Enrichment, Inc., of 6200 Rockside activity shall be deemed to be October 18,1983, Applicant proposes, the Woods Blvd., Independence, Ohio 44131, authorized effective the day after the transportation of natural gas purchased filed with the Federal Energy Regulatory time allowed.for filing a protest. If a by Georgia-Pacific from Exchange Oil & Commission (Commission) an protest is fifed and not withdrawn Gas Corporation (Exchange) or from application for certification of a facility within 30 days after the time allowed for Louisiana Intrastate Gas Corporation as a qualifying small power production filing a protest, the instant request shall (LIG). It is asserted that no gas purchase facility pursuant to § 292.207 of the be treated as an application for contract yet exists or is now Commission’s regulations. authorization pursuant to Section 7 of contemplated with LIG; therefore, all the Natural Gas Act. The facility will be located at Mt. current transportation volumes are Kenneth F. Plumb, Carmel Sanitary Landfill, 100 N. Vine purchased from Exchange. Applicant S ecretary. Street, Mt. Carmel, Pennsylvania 17851. states that all transportation under the The primary energy source will be [FR Doc. 82-33369 Filed 12-14-82; 8:45 am } agreement is conditioned upon the BILLING CODE 6717-01-M biomass in the form of landfill gas which availability of capacity sufficient to is cleansed to enhance its methane provide service without detriment or concentration. The power production disadvantage to Applicant’s existing [Docket No. RP78-77-007] capacity will be 1.0 megawatts, with customers dependent upon its general possible expansion not to exceed 10 system supply. It is asserted that the Mississippi River Transmission Corp.; megawatts. volumes of gas to be transported are Rate Change Filing Any person desiring to be heard or 10,632 Mcf on a peak day, 7,250 Mcf on objecting to the granting of qualifying an average day, and 2,715,726 Mcf December 9,1983. status should file a petition to intervene annually. Take notice that on December 6,1983, or protest with the Federal Energy It is explained that of the Mississippi River Transmission Regulatory Commission, 825 North transportation volume 48 percent is Corporation (“Mississippi”) submitted Capitol Street, NE., Washington, D.C. subject to a purchase price equal to the for filing First Revised Sheet No. 4 to its 20426, in accordance with rules 211 and current maximum lawful price under FERC Gas Tariff, Second Revised 214 of the Commission’s Rules of Section 102 of the Natural Gas Policy Volume No. 1. Said tariff sheet is Practice and Procedure. All such Act of 1978 and that the remaining 52 proposed to be effective January 1,1984. petitions or protests must be filed within percent is subject to a price of $2.8414 Mississippi states that the instant 30 days after the date of publication of per million Btu. Applicant submits that filing reflects reductions in all of this notice and must be served on the the transportation path is from Georgia- Mississippi sales rate schedules other applicant. Proteats will be considered by Pacific’s purchase point from Exchange than Rate Schedules SWS-1 and X-19. It the Commission in determining the in the Ridge gas field, Lafayette Parish, is claimed that this rate reduction will appropriate action to be taken but will Louisiana, to a paper mill owned and reduce Mississippi’s annual not serve to make protestants parties to operated by Georgia-Pacific in East jurisdictional revenues by the proceeding. Any person wishing to Baton Rouge Parish, Louisiana. approximately $2.5 million. become a party must file a petition to Applicant states that 47 percent of the Mississippi states that the purpose of intervene. Copies of this filing are on file gas consumed at the mill is for process the instant filing is to remove from its 55772 Federal Register / Vol 48, No. 242 / Thursday, December 15, 1983 / Notices

Base Tariff Rates effectively January 1, Regulatory Commission, 825 North parties due to the extraction of 1984 all costs associated with the five Capitol Street, N.E., Washington, D.C. liquefiable hydrocarbons in year amortization to expense of a 20426, in accordance with rules 211 and Exploration’s Eunice, Acadia Parish, storage gas loss from Mississippi’s West 214 of the Commission’s Rules of Louisiana, processing plant, it is Unionville Storage Field. Mississippi Practice and Procedure. All such explained. Texas Gas states it would be states that such amortization to expense petitions or protests must be filed within able to make the proposed sale from and related rate recovery was 30 days after the date of publication of general system supply without impairing conducted in accordance with the this notice and must be served on the service to its existing resale customers. Stipulation and Agreement at Docket applicant. Protests will be considered by No. RP78-77 approved by Commission the Commission in determining the It is shown that the subject gas would Order dated December 11,1979. appropriate action to be taken but will be delivered to the Eunice processing Mississippi states that copies of its not serve to make protestants parties to plant. filing have been served on all the proceeding. Any person wishing to Texas Gas asserts that the subject jurisdictional customers and interested become a party must file a petition to sale and proposed transportation would state commissions. intervene. Copies of this filing are on file give Texas Gas added market flexibility Any person desiring to be heard or to with the Commission and are available to help avoid any take-or-pay payments. protest said filing should file a motion to for public inspection. Any person desiring to be heard or fo intervene or protest with the Federal Kenneth F. Plumb, make any protest with reference to said Energy Regulatory Commission, 825 S ecreta ry . application should on or before January North Capitol Street, N.E., Washington, [FR Doc. 83-33371-Filed 12-14-83; 8:45 am] 4,1984, file with the Federal Energy D.C. 20426, in accordance with Sections BILUNG CODE 6717-01-M Regulatory Commission, Washington, 385.211 and 385.214 of the Commission’s D.C. 20426, a motion to intervene or a Rules of Practice and Procedure (18 CFR protest in accordance with the 385.211, 85.214). All such motions or [Docket No. CP84-31-000] requirements of the Commission’s Rules protests should be filed on or before December 15,1983. Protest will be Texas Gas Transmission Corp.; of Practice and Procedure (18 CFR considered by the Commission in Application 385.214 or 385.211) and the Regulations under the Natural Gas Act (18 CFR determining the appropriate action tp be December 9,1983. taken, but will not serve to make 157.10). All protests filed with the Take notice that on October 25,1983, protestants parties to the proceeding. Commission will be considered by it in Texas Gas Transmission Corporation Any person wishing to become a party determining the appropriate action to be (Texas Gas), P.O. Box 1160, Owensboro, must file a motion to intervene. Copies taken but will not serve to make the Kentucky 42301, filed in Docket No. of this filing are on file with the protestants parties to the proceeding. CP84-31-000, an application pursuant to Commission and are available for public Any person wishing to become a party Section 7(c) of the Natural Gas Act for a inspection. to a proceeding or to participate as a certificate of public convenience and party in any hearing therein must file a Kenneth F. Plumb, necessity authorizing the transportation motion to intervene in accordance with S ecreta ry . of gas for the purpose of making a direct the Commission’s Rules. [FR Doc. 83-33370-Filed 12-14-63; 8:45 am] sale of gas to Texas Gas Exploration BILUNG CODE 6717-01-M Corporation (Exploration), an affiliate of Take further notice that, pursuant to Texas Gas, all as more fully set forth in the authority contained in and subject to jurisdiction conferred upon the Federal [Docket No. QF84-61-000] the application which is on file with the Commission and open to public Energy Regulatory Commission by Phillips Petroleum Co.; Application for inspection. Sections 7 and 15 of the Natural Gas Act Commission Certification of Qualifying Texas Gas proposes to sell and the Commission’s Rules of Practice Status of a Small Power Production Exploration up to 20,000 Mcf per day on and Procedure, a hearing will be held Facility a direct sale interruptible basis for an without further notice before the initial term of one year and year to year Commission or its designee on this December 9,1983 thereafter pursuant to a contract dated application if no motion to intervene is On November 21,1983, Phillips October 21,1983. Texas Gas states that filed within the time required herein, if Petroleum Co., Minerals Group, Exploration would pay it a price per the Commission on its own review of the Geothermal Branch, 655 East 4500 South, million Btu equal to its average system matter finds that a grant of the Salt Lake City, Utah 84107, filed with the cost per million Btu of all gas purchased certificate is required by the public Federal Energy Regulatory Commission by Texas Gas during the preceding convenience and necessity. If a motion (Commission) an application for month plus a transportation charge of (1) for leave to intervene is timely filed, or if certification of a facility as a qualifying 7.89 cents per Mcf for the volume the Commission on its motion believes small power production facility pursuant purchased and (2) 0.32 percent of the that a formal hearing is required, further to § 292.207 of the Commission’s volume purchased by Exploration times notice of such hearing will be duly regulations. Texas Gas’s system average cost per given. The facility will be located at Mount million Btu of gas purchased by Texas Under the procedure herein provided Diablo Merdian, in Churchill County, Gas during the preceding month for gas for, unless otherwise advised, it will be Nevada. The primary energy source will consumed as compressor fuel, company- unnecessary for Texas Gas to appear or be geothermal hot water and steam. The use and unaccounted-for gas. As an be represented at the hearing. power production capacity will be 9 alternative, gas delivered to Exploration megawatts. may be replaced by other gas on a Kenneth F. Plumb, Any person desiring to be heard or therm-for-therm basis but still subject to S ecreta ry . objecting to the granting of qualifying a transporation charge. The gas is (FR. Doc. 83-33372 Filed 12-14-83; 8:45 am] status should file a petition to intervene attributable to volumes allocated to the BILLING CODE 6717-01-M or protest with the Federal Energy accounts of Exploration and/or third Federal Register / Vol 48, No. 242 / Thursday, December 15, 1983 / Notices 55773

Oil Pipeline Tentative Valuation h. Contact Person: Mr. Ingold competing preliminary permit December 12,1983. Hermann, Saylorville Hydo Partners, application, must be filed in response to 1715 Soo Line Building, Minneapolis, and in compliance with the public notice The Federal Regulatory Commission Minnesota 55402. by order issued February 10,1978, of the initial preliminary permit i. Comment Date: January 23,1984. established an Oil Pipeline Board and application. No competing preliminary j. Competing Application: Project No. permit applications or notices of intent delegated to the Board its functions with 7691, Date Filed: October 5,1983. respect to the issuance of valuation to file a preliminary permit may be filed k. Description of Project: The in response to this notice. reports pursuant to Section 19a of the proposed project would utilize the Interstate Commerce Act. Any qualified small hydroelectric existing Corps of Engineers’ Saylorville exemption applicant desiring to file a Notice is hereby given that a tentative Dam and Reservoir and would consist valuation is under consideration for the competing application must submit to of: (1) An intake works consisting of a the Commission, on or before the common carrier by pipeline listed control structure on the lake side of the below: specified comment date for the dam; (2) a penstock approximately 1000 particular application, either a feet long through the dam; (3) a 1981 Annual Report competing small hydroelectric powerhouse substructure and Valuation Docket No. PV-1453-000 exemption application or a notice of Osage Pipe Line Company, 1670 superstructure housing two horizontal intent to file such an application. propeller type turbine/generator units Broadway, Denver, Colorado 80217. Submission of a timely notice of intent rated at a total of 6.5 MW and operating to file a small hydroelectric exemption On or before January 23,1984, persons at a head of 37.5 feet; (4) a tailrace application allows an interested person other than those specifically designated channel leading the powerplant to file the competing application no later in Section 19a(h) of the Interstate discharge back to the river; (5) a step-up than 120 days after the specified Commerce Act having an interest in this transformer to raise the generator comment date for the particular valuation may file, pursuant to rule 214 voltage to the transmission line voltage; application. of the Federal Regulatory Commission’s (6) a short, 69-kV transmission line; and "Rules of Practice and Procedure” (18 appurtenant facilities. The average In addition, any qualified license or CFR 385.214), an original and three annual generation of 26.5 million kWh conduit exemption applicant desiring to copies of a petition for leave to would be sold to the Iowa Power and file a competing application may file the intervene in this proceeding. Light Company or the Iowa Electric subject application until: (1) A If the petition for leave to intervene is Power and Light Company. preliminary permit with which the granted the party may thus come within l. This notice also consists of the subject license or conduit exemption the category of “additional parties as following standard paragraphs: A8, A9, application would compete is issued, or the FERC may prescribe” under Section B, C, and D2. (2) the earliest specified comment date 19a(h) of the Act, thereby enabling it to m. Proposed Scope of Studies under for any license, conduit exemption, or file a protest. The petition to intervene Perm it—Applicant has requested a 36- small hydroelectric exemption must be served on the individual month permit to prepare a definitive application with which the subject company at its address shown above project report, including preliminary license or conduit exemption application and an appropriate certificate of service designs, results of geological, would compete; whichever occurs first. must be attached to the petition. Persons environmental, and economic feasibility A competing license application must specifically designated in Section 19a(h) studies. The cost of the above activities, conform with 18 CFR 4.33 (a) and (d). of the Act need not file a petition; they along with preparation of an A9. Notice of intent—A notice of are entitled to file a protest as a matter environmental impact report, obtaining intent must specify the exact name, of right under the statute. agreements with die Corps and other business address, and telephone number Francis J. Connor, Federal, State, and local agencies, of the prospective applicant, include an Administrative Officer, Oil Pipeline Board. preparing a license application, unequivocal statement of intent to [FR Doc. 83-33373 Filed 12-14-63; 8:45 am] conducting final field surveys, and submit, if such an application may be B IL U N G CODE 6717-01-M preparing designs is estimated by the filed, either (1) A preliminary permit Applicant to be $125,(XX). application or (2) a license, small Purpose of Preliminary Permit hydroelectric exemption, or conduit I Project No. 7893-000] n. —A preliminary permit does not authorize exemption application, and be served on Hydroelectric Application Filed construction. A permit, if issued, gives the applicant(s) named in this public the Permittee, during the term of the notice. December 12,1983. permit, the right of priority of B. Comments, Protests, or Motions To Take notice that the following application for license while the Intervene—Anyone may submit hydroelectric application has been filed Permittee undertakes the necessary comments, a protest or a motion to with the Federal Energy Regulatory studies and examinations to determine intervene in accordance with the Commission and is available for public the engineering, economic, and requirements of the Rules of Practice inspection: environmental feasibility of the and Procedure, 18 CFR 385.210, 385.211, a. Type of Application: Preliminary proposed project, the market for power, 385.214. In determining the appropriate Permit. and all other information necessary for action to take, the Commission will b. Project No.: 7693-000. inclusion in an application for a license. consider all protests or other comments c. Date Filed? October 6,1983. A8. Preliminary Permit—Public notice filed, but only those who file a motion to d. Applicant: Saylorvifle Hydro of the filing of the initial preliminary intervene in accordance with the Partners. permit application, which has already Commission’s Rules may become a e. Name of Project Saylorville. been given, established the due date for party to the proceeding. Any comments, f. Location; Polk County, on the Des filing competing preliminary permit protests, or motions to intervene must Moines River, in Iowa. applications on notices of intent. Any be received on or before the specified g. Filed Pursuant to: Federal Power competing preliminary permit comment date for the particular Act 16 U.S.C. §§ 791(a)—825(r). application, or notice of intent to file a application. 55774 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 /, Notices

C. Filing and Service of Responsive potential applicants of the closing date properties of ceramics containing high- Docum ents—Any filings must bear in all and location for transmittal of level wastes; etc. capital letters the title “COMMENTS”, applications for awards under this 4. Turbulent and Multiphase Flow — "NOTICE OF INTENT TO FILE program. Notice of the availability of the Interface mechanics; solid suspensions COMPETING APPLICATION”, official solicitation will also appear in in moving gases and liquids; effects of "COMPETING APPLICATION”, the Commerce Business Daily. polymers on heat transfer; effects of changes of phase in moving matter; "PROTEST” or "MOTION TO SUPPLEMENTARY INFORMATION: INTERVENE”, as applicable, and the properties of fluids; etc. Project Number of file particular Background While the equipment requested will application to which the filing is in be equally suitable and may be used for The purpose of the University response. Any of the above named research on other energy-related topics, Research Instrumentation program is to documents must be filed by providing the need for the instrument(s) must be help strengthen the ability of U.S. the original and the number of copies justified in terms of its value and ability universities and colleges to conduct required by the Commission’s to enhance the institution’s capabilities long-range energy-related research by regulations to: Kenneth F. Plumb, in the principal energy-related research assisting them in acquiring some of the Secretary, Federal Energy Regulatory area described in its application. specialized research instrumentation Commission, 825 North Capitol Street, which is required. In the conference Eligibility and Limitations N.E., Washington, D.C. 20426. An report for the act making appropriations additional copy must be sent to: Fred E. for energy and water development for Participation in. the URI program is Springer, Deputy Director, Project limited to U.S. universities and colleges fiscal year 1984 (H. Rep. No. 272, 98th Management, Division of Hydropower which during the past two calendar Cong. 1st Sess. (1983)), Congress Licensing, Federal Energy Regulatory years (1982 and 1983) have conducted a identified $4,000,000 for university Commission, Room 208 RB at the above research instrumentation for fiscal year minimum of $150,000 of DOE-sponsored address. A copy of any notice of intent, research on-campus in the area for 1984. DOE invites all qualified competing application or motion to which the equipment is requested. universities to write for a copy of its intervene must also be served upon each University Research Instrumentation The Department will consider only representative of the Applicant specified program solicitation, DOE-ER-0184, requests for the larger instruments, in the particular application. Notice of Program Announcement items costing about $100,000 or more, D2. Agency Comments— Federal, Number DE-PS05-84ER75111. which are required to advance research State, and local agencies are invited to in the designated area. Small research file comments on the described Principal Research Areas instruments (less than about $100,000 application. (A copy of the application While all areas of energy research are each) will not be eligible for may be obtained by agencies directly consideration in this program. General from the Applicant.) If an agency does eligible, in F Y 1984 the URI program’s funds will be used principally to meet purpose computing equipment is also not file comments within the time not eligible under this program. specified for filing comments, it will be the needs of established research groups with demonstrated capability in one of However, laboratory computers and presumed to have no comments. One associated peripherals dedicated for use copy of an agency’s comments must also four energy areas (listed below in alphabetical order). In order to indicate in connection with the instrument(s) be sent to the Applicant’s requested or for use with existing representatives. the potential breadth of the research in each area, a number of examples of research instruments in the selected Kenneth F. Plumb, area(s) will be considered. Secretary. related research topics are given. Within each area no specific projects have Application Forms: Program [FR Doc. 83-33281 Filed 12-14-83; 8:45 am] preference relative to other possible solicitations were expected to be ready BILLING CODE 6717-01-M related projects. for mailing by December 5,1983. 1. Bioconversions Related to Energy— Applications must be prepared and Office of Energy Research Metabolic aspects of fermentations and submitted in accordance with the other pathways; molecular structure of instructions and forms included in the University Research Instrumentation key molecules and higher ordered program solicitation. Copies may be Program; Solicitation Announcement biological entities in cells involved with obtained by writing to: Division of energy transduction; chemistry of major University and Industry Programs, a g e n c y : Department of energy. substrates for bioconversion (e.g., Office of field Operations Management, ACTION: Program solicitation lignocellulose); genetic manipulations Office of energy Research, Department announcement. involved with altering biological traits; of energy, 1000 Independence Avenue, biomass energy feedstock; etc. SW., Washington, D.C., 20585; SUMMARY: On June 7,1983, the Telephone Number: (202) 252-6641. 2. Com bustion—Heat transfer; Department of Energy, Office of Energy Closing Date for Transmittal of Research, requested public comments on fluidized bed combustion; kinetics and Applications: To be eligible, a proposed program solicitation for the dynamics; combustion mechanics; applications must be received by the University Research Instrumentation hydrogen and other "exotic” fuels; solid Department of Energy by 5:00 p.m., (URI) program (48 FR 26328-26331), and and gaseous combustion by-products; January 31,1984. on October 18,1983, DOE publiched the pyrolysis; modeling of combustion changes to the proposed program (48 FR processes; etc. FOR FURTHER INFORMATION CONTACT: 48277-48281). These documents may be 3. Nuclear Waste Isolation All communications or questions referred to for more detailed background R esearch—Geologic factors; high regarding this program solicitation information about the URI solicitation. temperature and high pressure should be directed to: Mr. Walker K. The purpose of this notice is to chemistry; migration in geologic media Love, Contracting Officer, Procurement announce the availability of the URI and the oceans; immobilization of trans­ and Contracts Division, Oak ridge program solicitation and to inform uranium elements; radiation damage; Operations, Department of energy, Oak Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices 55775 ridge, TN 37830; Telephone Number: the Appendix to this Notice must file a crude oil. According to the PRO, the (615) 566-0792. request to participate pursuant to 10 violations resulted in $2,928,942.00 and Authority for the University Research CFR 205.194 within 20 days after $1,846,054.00 of overcharges, respectively. Instrumentation Program is contained in publication of this Notice. The Office of {FR Doc. 83-33387 Filed 12-14-83; 8:45 am] section 31 (a) and (b) of the Atomic Hearings and Appeals will then BILLING CODE 6450-01-M Energy Act of 1954 (42 U.S.C. 2051) and determine those persons who may section 209 of the Department of energy participate on an active basis in the Organization Act (42 U.S.C. 7139). proceeding and will prepare an official Cases Filed; Week of November 11 (Catalog of Federal Domestic Assistance No. service list, which it will mail to all Through November 18,1983 81.077, University Research Instrumentation persons who filed requests to Program) participate. Persons may also be placed During the Week of November 11 Issued in Washington, D.C. on December 9, on the official service list as non- through November 18,1983, the appeals 1983. participants for good cause shown. and applications for exception or other Alvin W. Trivelpiece, All requests to participate in these relief listed in the Appendix to this Director, Office of Energy Research. proceedings should be filed with the Notice were filed with the Office of Office of Hearings and Appeals, [FR Doc. 83-33315 Filed 12-14-83; 8:45 am] Hearings and Appeals of the BILUNG CODE 6450-01-M Department of Energy, Washington, D.C. Department of Energy. 20585. Under DOE procedural regulations, 10 Dated: December 7,1983. CFR Part 205, any person who will be, Office of Hearings and Appeals George B. Breznay, aggrieved by the DOE action sought in Director, Office of Hearings and Appeals. these cases may file written comments Objection to Proposed Remedial on the application within ten days of Orders Filed; Period of November 7 Mobil Oil Corporation, Fairfax, Virginia, H R O -0200 service of notice, as prescribed in the Through November 18,1983 On November 14,1983 Mobil Oil procedural regulations. For purposes of During the period of November 7 Corporation-General Crude Oil Company, the regulations, the date of service of 3225 Gallows Road, Fairfax, Virginia filed a notice is deemed to be the date of through November 18,1983, the notice of Notice of Objection to a Proposed Remedial objection to a proposed remedial order publication of this Notice or the date of Order (PRO) which the Dallas Office of the receipt by an aggrieved person of actual listed in the Appendix to this Notice Economic Regulatory Administration (ERA) notice, whichever occurs first. All such was filed with the Office of Hearings issued to Mobil Oil Corporation on October 3, and Appeals of the Department of 1983. In the PRO,the ERA found that during comments shall be filed with the Office Energy. August 1973 to June 1979 General Crude Oil of Hearings and Appeals, Department of Energy, Washington, D.C. 20585. Any person who Wishes to participate Company, which was subsequently acquired by Mobil Oil Corporation on July 6,1979, Dated: December 7,1983. in the proceeding the Department of charged prices in excess of those permitted Energy will conduct concerning the by the Mandatory Petroleum Price George B. Breznay, proposed remedial orders described in Regulations for sales of NGLs/NGLPs and Director, Office of Hearings and Appeals.

List of Cases Received by the Office of Hearings and Appeals

[Week of Nov. 11 through Nov. 18,1983]

Date Name and location of applicant Case No. Type of submission

Nov. 14, 1983...... Continental Oil Co., Washington, D C ...... H F F -0 4 8 4 ...... Implementation of Special Refund Procedures. If granted: Th e Office of Hearings and Appeals would implement Special Refund Procedures pursuant to 10 CFR, Part 205, Subpart V in connection with the June 30, 1982, Consent Order issued to Continental Oil Company. Nov. 14. 1983...... Silver Eagle Oil, Inc., Washington, D C ...... H ED -0176 Motion For Discovery. If granted: Discovery would be granted to Silver Eagle Oil, Inc. in connection with the Statement of Objections submitted by the firm in response to a Sept. 8, 1983, proposed Decision and Order (Case No. H ED -00 7 0) issued to the Department of Interior. Nov. 16. 1983...... Economic Regulatory Administration, Washington, D C ...... H R Z -0 1 7 8 .... Interlocutory Order. If granted: Certain portions of Exxon Company, U.S.A.'s Supplemental Statement of Objections (Case No. BRO-1453) and its Motion to Compel Discovery (Case No. HRZ-0156) would be stricken, regarding the discussion of certain allegedly privileged D O E documents. Nov. 17, 1983...... O. B. Mobley, Jr., Shreveport, La ...... H EX -0 0 97 ...... Supplemental Order. If granted: The escrow account established by the May 15, 1978, Decision and Order issued to O. B. Mobley, Jr. (Case No. DES- 0170) would be transferred from the Bank of Commerce, Shreveport, Louisiana to a deposit fund escrow account with the Dapartment of Energy. Nov. 17, 1983...... State of Texas, Austin, T x ...... HRD 0194 . . Motion For Discovery. If granted: Discovery would be granted to State of Texas In connection with its Statement of-Objections submitted in response to the Proposed Remedial Order (Case No. HRO-0194) issued to South­ western Gulf Petroleum Company.

Refund Applications Received

[Week of Nov. 11 to Nov. 18,1983]

Date Name of refund proceeding/Name of refund applicant Case No. assigned

Nov. 14, 1983 ...... Palo Pinto/New Y o rk ...... R Q 5 -3 0 Nov. 14, 1983 ...... Amoco/Broadway Standard...... R F 2 1 -12230 Nov. 14, 1983 ...... - ...... Amoco/Broadway Standard...... - ...... RF21-12231 Nov. 14, 1983 ...... Amoco/Moreland Standard...... RF21-12232 Nov. 10, 1983 ...... Ada Resources/Metropolitan Transit Authority RQ24-31 Nov. 18, 1983 ...... Amoco/Johnson & Dix Fuel Corporation...... RF21-12234 Nov. 18, 1983 ...... Amoco/T.L. Oxford...... - ...... R F21-12233 55776 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices

Refund Applications Received— Continued

[Week of Nov. 11 to Nov. 18, 1983]

Case No. Date Name of refund proceeding/Name of refund applicant assigned

Nov. 18, 1983...... RF21-12235

[FR Doc. 83-33388 Filed 12-14-83; 8:45 amj BILUNG CODE 6450-01-M

Cases Filed; Week of Nov. 18 through inadvertently omitted from earlier lists notice is deemed to be the date of Nov. 25,1983 have also been included. publication of this Notice or the date of Under DOE procedural regulations, 10 receipt by an aggrieved person of actual CFR Part 205, any person who will be notice, whichever occurs first. All such During the week of November 18 aggrieved by the DOE action sought in comments shall be filed with the Office through November 25,1983, the appeals these cases may file written comments of Hearings and Appeals, Department of and applications for exception or other Energy, Washington, D.C. 20585. relief listed in the Appendix to this on the application within ten days of Notice were filed with the Office of service of notice, as prescribed in the Dated: December 7,1983. Hearings and Appeals of the procedural regulations. For purposes of George B. Breznay, Department of Energy. Submissions the regulations, the date of service of Director, Office of Hearings and Appeals.

List of Cases Received by the Office of Hearings and Appeals

[Week of Nov. 18 through Nov. 25, 1983]

Date Name and location of applicant Case No. Type of submission

Oct. 19, 1983...... H R R -n r t 7 R Request for Modification/Rescission. If granted; Th e March 28, 1983, Decision and Order (Case No. HRJ-0039) issued to the Economic Regulatory Administration and Atlantic Richfield Company would be modified, permitting the disclosure of the 701 forms to in-house personnel of Atlantic Richfield Company. Nov. 18, 1983...... Economic Regulatory Administration, Washington, D C ...... H R D -0 1 7 8 ...... Motion For Discovery. If granted; Discovery would be granted to the Economic Regulatory Administration in connection with the Statement of Objections submited by Marathon Oil Company in response to three Proposed Remedi­ al Orders (Case Nos. HRO-0024, HRO-0025, and HRO-0026) issued to the firm. Nov. 18, 1983...... Economic Regulatory Administration, Washington, n n ...... H R Z -0 1 79 ...... Interiocutory Order. If granted: Th e Proposed Remedial Orders issued to Marathon Oil Company (Case Nos. HRO-0024, HRO-0025, and HRO-0026) would be amended to join the United States Steel Corporation as a party in the proceedings. Nov. 18, 1983...... H R J-0 04 2 . Motion For Protective Order. If granted: Dane Energy Company would enter Washington, DC. N into a Protective Order with the Economic Regulatory Administration regard­ ing the release of proprietary information to Dane Energy Company in connection with the Proposed Remedial Order issued to the Firm (Case No. H R Q -0124). Nov. 22, 1983...... Economic Regulatory Administration, Washington, D C ...... H R D -0 1 8 4 ...... Motion For Discovery. If granted: Discovery would be granted to the Economic Regulatory Administration in connection with the Statement of Objections submitted by the Mobil Oil Corporation in response to a September 18, 1981, Proposed Remedial Order (Case No. HRO-0014) issued to the firm. Nov. 22, 1983...... H R D -0 1 8 0 ...... Motion For Discovery. If granted: Discovery would be granted to Kaiser Aluminum International Corporation in connection with the Statement of Objections submitted by Kaiser Aluminum in response to a Proposed Remedial Order (Case No. HRO-0180) issued to the firm. Nov. 23, 1983...... H F A -0 1 98...... Appeal of an Information Request Denial. If granted: Th e October 21, 1983, Freedom of Information Request Denial issued by the Southwest District Office would be rescinded, and John W. Shaver N. would receive access to certain D O E information. Nov. 25, 1983...... H R D -0 1 8 7 ...... Motion For Discovery. If granted: Discovery would be granted to the State of Texas in connection with the Statement of Objections which it submitted in connection with a Proposed Remedial Order (Case No. H R O -01 9 8) issued to the Crown Central Petroleum Corporation.. Nov. 25, 1983...... HR D -0186 Motion For Discovery. If granted: Discovery would be granted to the State of Texas in connection with a Statement of Objections which it submitted in connection with a Proposed Remedied Order (Case No. H R O -01 9 6) issued to Tesoro Petroleum.

Refund Applications Received

[W eek of Nov. 18, 1983 to Nov. 21, 1983]

Case No. Date Name of refund proceeding/name of refund applicant assigned

Nov. 21, 1983...... RF21-12236 Nov. 10, 1983...... R F15-4 Nov. 23, 1983...... RF21-12237 Nov. 23, 1983...... RF21-12238

[FR Doc. 83-33389 Filed 12-14-83; 8:45 am} BILLING CODE 6450-01-M Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices 55777 Western Area Power Administration Issued at Golden, Colorado, November 30, Dated: December 7,1983. 1983. Floodplain/Wetlands Involvement Daniel J. Fiorino, Robert L. McPhail, Determination for Construction of Acting Director, Regulation and Information Administrator. Transmission Line Facilities in Big M anagem ent Division. Horn County, Montana [FR Doc. 83-33390 Filed 12-14-83; 8:45 am) [FR Doc. 83-33342 Filed 12-14-83; 8:45 am) BILLING CODE 645G-01-M BILLING CODE 6560-50-M

AGENCY: Western Area Power Administration, DOE. ENVIRONMENTAL PROTECTION [A-4-FRL 2489-6] AGENCY a c t io n : Floodplain/wetlands PSD Permit for Florida Steel involvement and opportunity for Corporation; Baldwin, Florida comment. [OPRM-FRL 2489-7] AGENCY: Agency Information Collection Environmental Protection Su m m a r y : The Western Area Power Agency. Activities Under OMB Review Administration (Western) proposes to a c t io n : Notice. contruct about one-half mile of 230-kV AGENCY: Environmental Protection transmission line to interconnect Agency (EPA). s u m m a r y : Notice is hereby given that a Montana Power Company’s (MPC) a c t io n : Notice. Prevention of Significant Deterioration Colstrip-Billings 230-kV transmission (SPD) permit issues on September 20, line with Western’s proposed Crossover SUMMARY: Section 3507(a)(2)(B) of the 1983, became effective on October 20, Substation northwest of Hardin, Paperwork Reduction Act of 1980 (44 1983. The permit was issued for the Montana. The proposed work wouid be USC 3501 et seq.) requires the Agency to initial and subsequent modifications to located in the SWx/4, SWy4, SWy4 of publish in the Federal Register a notice Florida Steel Corporation’s construction of a scrap steel reclamation facility in Section 6 and the EVz, NE%, NE% of of proposed information collection Baldwin, Florida. Section 7, TlS, R33E, in Big Horn requests that have been forwarded to County, Montana. the Office of Management and Budget d a t e s : This action is effective as of (OMB) for review. The information October 30,1983, the effective date of Pursuant to the Department of collection requests listed are available the PSD permit. Construction must begin Energy’s “Compliance with Floodplain/ to the public for review and comment. within 18 months of this date or the Wetlands Environmental Review FOR FURTHER INFORMATION CONTACT: permit will become invalid. Requirements” (10 CFR1022), Western David Bowers: Office of Standards and a d d r e s s e s : Copies of the PSD permit, has determined that construction of the Regulations; Information Management permit application, preliminary and final proposed transmission line would Section (PM-223); U.S. Environmental determination are available for public involve activities within the 100-year Protection Agency; 401 M Street, SW.; inspection upon request at the following floodplain of Whitman Coulee. Two Washington, D.C. 20460; telephone (202) locations. three-pole wooden turning structures 382-2742 or FTS 382-2742. Environmental Protection Agency, and guys and one woodpole H-frame SUPPLEMENTARY INFORMATION: Region IV, Air Management branch, tangent structure would be constructed Air and Waste Management Division, in the floodplain. Maps or further OPPE Programs 345 Courtland Street, NE., Atlanta, information are available from Western • Title: Diesel Odor Survey (EPA Georgia 30365 at the address provided below. #1162). Buraeu of Air Quality Management, Public comments or suggestions on Abstract: EPA will conduct a survey Florida Department of Environmental Western’s proposed activity in this of 1200 respondents to develop Regulation, Twin Towers Office floodplain area are invited. quantitative estimates of the benefits of Building, 2600 Blair Stone Road, reducing odors from diesel vehicles. The d a t e : Any comments are due December Tallahassee, Florida 32301 30,1983. result of this survey may be used as part FOR FURTHER INFORMATION CONTACT: of the supporting material that EPA will Michael Brandon of the EPA-RegionJV, ADDRESS: Send written comments or consider if the Agency decides to Air Managment Branch at the Atlanta suggestions to: Mr. James D. Davies, promulgate standards for diesel address givem above, telephoe 404/881- Area Manager, Billings Area Office, vehicles. 7654 (FTS: 257-7654). Respondents: Randomly selected Western Area Power Administration, SUPPLEMENTARY INFORMATION: On April Department of Energy, P.O. Box EGY, persons in three predetermined cities. ***** 28,1981, Florida Steel Corporation Billings, MT 59101. submitted an application for a PSD Comments on all parts of this notice FOR FURTHER INFORMATION CONTACT: permit to construct/modify a scrap steel should be sent to: reclamation facility in Baldwin, Florida. Mr. Mike Skougard, Environmental David Bowers (PM-223), U.S. The PSD preliminary determination was Specialist, Billings Area Office, Environmental Protection Agency, issued by the Florida Department of Western Area Power Administration, Office of Standards and Regulations, Environmental regulation (DERJ on Department of Energy, P.O. Box EGY, 401 M Street, SW., Washington, D.C. October 26,1982, and the public 20460; and Billings, MT 59101, (406) 657-6525 comment period commenced on Vartkes Broussalian, Wayne Leiss or November 5,1982. The PSD final Mr. Gary Frey, Director, Division of Carlos Tellez, Office of Management determination was issued by the Flrodia Environmental Affairs, Western Area and Budget, Office of Information and DER on January 3,1983. Several Power Administration, Department of Regulatory Affairs, New Executive comments were made by the U.S. Energy, P.O. Box 3402, Golden, CO Office Building (Room 3228), 726 Environmental Protection Agency- 80401, (303) 231-1527. Jackson Place, NW., Washington, D.C. Region IV regarding the capture and 20503. control of electric arc furnace emissions 55778 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices and opacity limitations for emissions membership of the Performance Review Dated: December 8,1983. from the furnace building during furnace Board of the Federal Mediation and Betty J. Beveridge, operation. The high capture and control Conciliation Service. The Board, as Committee Management Officer, National efficiency of collection devices for the revised, consists of the following Institutes of Health. electric arc furnace warranted a lower appointments: [FR Doc. 83-33304 Filed 12-14-83; 8:45 am] opacity limit than those promulgated BILLING CODE 4140-01-M under new Source Performance Bernard M. O’Keefe, Director, Central Standards for Electric Arc Furnaces (40 Region, Chicago, Illinois CFR 60, Subpart AA, 1975). As a result, Chair—One Year Breast Cancer Task Force Committee; a 6 percent opacity was stipulated for Edward F. O’Brien, Director, Southern Meeting visible emissions from the electric arc Region, Atlanta, Georgia furnace building during all phases of Two Years Pursuant to Pub. L. 92-463, notice is operation (Part I Specific Condition A - Jean McKee, Executive Director, hereby given of the meeting of the 8). Washington, D.C. Breast Cancer Task Force Committee, The federal PSD permit was issued on National Cancer Institute, January 9-12, September 20,1983, and became Two Years 1984. The meeting will be held in effective as of October 20,1983. The Paul Yager, Director, Eastern Region, Building 31, C-Wing, Conference Room effective date of the permit consitutes New York, New York 6, National Institute of Health, Bethesda, final Agency action under 40 CFR Alternate—Three Years Maryland on all four days, and also in § 124.19(f)(1) and Section 307 of the Dated: December 7,1983. Conference Room 9 on January 9,11, Clean Air Act, for purposes of judicial and 12, to accommodate the overflow. Richard D . Williams, review. Under Section 307(b)(1) of the This meeting will be open to the public Act, petitions for judicial review of this Deputy Director. from 8:00 a.m. to approximately 5:00 p.m. action must be filed in the United States [FR Doc. 83-33314 Filed 12-14-83; 8:45 am] each d&y and will be concerned with Court of Appeals for the appropriate BILLING CODE 6372-01-M scientific sessions and program circuit by [60 days from today]. This discussions on breast cancer and other action may not be challenged later in related issues. Attendance by the public proceeding to enforce its requirements DEPARTMENT OF HEALTH AND will be limited to space available. (See section 307(b)(2)). If construction HUMAN SERVICES Mrs. Winifred Lumsden, the does not commence within 18 months Committee Management Officer, after this effective date, or if National Institutes of Health National Cancer Institute, Building 31, construction is discontinued for a period Room 10A06, National Institute of of 18 months or more, or if construction Board of Scientific Counselors, Health, Bethesda, Maryland 20205 (301/ is not completed within a reasonable Division of Resources, Centers, and 496-5708) will provide summaries of the time, the permit shall expire and Community Activities; Meeting meeting and rosters of committee authorization to construct shall become members, upon request. invalid. Pursuant to Pub. L. 92-463, notice is Dr. Elizabeth Anderson, Executive hereby given of the meeting of the Board (Sections 160-169 of the Clean Air Act (42 Secretary, Breast Cancer Task Force U.S.C. 7470-7479) of Scientific Counselors, Division of Committee, National Cancer Institute, Dated: December 6,1983. Resources, Centers, and Community Blair Building, Room 3A-05, National John A. Little, Activities, National Cancer Institute, Institute of Health, Bethesda, Maryland Acting Regional Administrator. National Institutes of Health, January 20205 (301/427-8818) will furnish [FR Doc. 83-33344 Filed 12-14-83; 8:45 am] 12-13,1984, Building 31, Conference substantive program information. BILLING CODE 6560-50-M Room 10, Bethesda, Maryland 20205. The entire meeting will be open to the Dated: December 8,1983. public from 8:30 a.m. on January 12 Betty J. Beveridge, [PF-351; PH-FRL 2475-S] through adjournment on January 13, to Committee Management Officer, National Certain Companies; Pesticide, Food, discuss the current and furture programs Institute of Health. and Feed Additive Petitions of the Division of Resources, Centers, [FR Doc. 83-33305 Filed 12-14-83; 8:45 am] and Community Activities. Attendance BILUNG CODE 4140-01-M Correction by the public will be limited to space In FR Doc. 83-31484 beginning on page available. Head and Neck Cancer Workshop; 52974 in the issue of Wednesday, Mrs. Winifred Lumsden, the Integration of Treatment and November 23,1983, make the following Committee Management Officer, Rehabilitation; Workshop correction: On page 52975, the first National Cancer Institute, Building 31, column, in the paragraph designated Room 10A06, National Institutes of Notice is hereby given that the “C.’\ “3(3,5" should read “3-(3,5”. Health, Bethesda, Maryland 20205 (301/ National Cancer Institute, National BILLING CODE 1505-01-M 496-5708) will provide summaries of Institutes of Health, will hold a meetings and rosters of committee workship on Head and Neck Cancer: members upon request. Integration of Treatment and FEDERAL MEDIATION AND Dr. Mary E. Sears, Acting Executive Rehabilitaiton, January 18-19,1984, at CONCILIATION SERVICE Secretary, National Cancer Institute, the Lister Hill Center, Building 38A, Performance Review Board; National Institutes of Health, Blair Auditorium, 9000 Rockville Pike, Membership Building, Room 614, Bethesda, Maryland Bethesda, Maryland 20205. the entire 20205 (301/427-8630) will furnish meeting will be open to the public from Notice is herby given in accordance substantive program information. 8:30 a.m. to approximately 5:00 p.m. on with 5 U.S.C. 4314 of a revision in the both days. Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices 55779

This workship will identify and a c t io n : Notice. 4.401(c) within 15 days of filing any prioritize clinically relevant issues in the document in connection with an appeal. treatment and rehabilitation of the head SUMMARY: In accordance with and neck cancer patient. It will provide instructions from the Interior Board of FOR FURTHER INFORMATION CONTACT: the basis for selecting the goals and Land Appeals (IBLA) to “reinstate” the Gene Nodine, Moab District Office, (801) major research areas for future activities Mill Creek unit as a Wilderness Study 259-6111. in the NCI rehabilitation program. Area (WSA), BLM has done so, subject Dated: December 6,1983. Requests for information on the to the following: “Although if any of the Roland G. Robison, workshop should be directed to Mrs. routes in the area identified during the State D irector. ' investigation of the protest meet the Linda Wong, National Cancer Institute, [FR Doc. 83-33353 Filed 12-14-83; 8:45 am] Division of Resources, Centers, and wilderness definition of a road, those BILLING CODE 4310-DQ-M Community Activities, Blair Building, roads should be ‘cherrystemmed’ ” (72 Room 7A-05, Bethesda, Maryland 20205 IBLA 182). Accordingly the boundary is (301) 427-8708. modified to exclude two parcels of land Winnemucca District, Nevada; Dated: December 8,1983. (300 acres and 240 acres) where roads Environmental Impact Statement bisect part of the WSA and isolate these Betty J. Beveridge, parcels, leaving a WSA of 9,780 acres. AGENCY: Bureau of Land Management. Committee Management Officer, National The original unit was identified as a c t io n : Designation of public lands Institute o f Health. 10,320 acres in size. within the Paradise-Denio Resource [FR Doc. 83-33303 Filed 12-14-83; 8:45 amj Area as the Osgood Mountains Milk- BILLING CODE 4140-01-M The acreage dropped from further consideration as, wilderness in this vetch Area of Critical Environmental National Heart, Lung, and Blood inventory unit will no longer be subject Concern (ACEC). Institute; Meeting to the management restrictions imposed Su m m a r y : by Section 603 of Pub. L. 94-579. Pursuant to the authorities in Notice is hereby given of the meeting the Federal Land Policy and of the National High Blood Pressure The final decision announced herein Management Act (FLPMA) of 1976 and Education Program Coordinating is scheduled to become effective 30 days the authorization from the Director, I Committee sponsored by the National after publication of this notice. For have designated the following described Heart, Lung, and Blood Institute, on purposes of this decision, this unit is public lands within the Paradise-Demio January 27,1984, at 9:00 a.m., at the considered separable from every other Resource Area as an Area of Critical Bethesda Marriott Hotel, 5151 Pooks Hill unit under wilderness review. Should Environmental Concern: Road, Bethesda, Maryland 20814. The any amendment to the decisions listed entire meeting will be open to the public. herein be made by the Utah BLM State Mt. Diablo Base and Meridian The coordinating committee is Director as a result of new information T. 38 N., R. 42 E., meeting to define the priorities, received following this announcement, Section 6, NVfeSWViNEVi, SW%NW%NE%, activities, and needs of the participating that amendment will be formally SE 'ANW ViNE Vi, NE V4NW %NE V*. groups in the National High Blood T. 39 N., R. 42 E., published in the Federal Register and Section 31, SE1/4NW,/4SEV*. Pressure Education Program. will not become effective until 30 days Attendance by the public will be limited The area described totals about 60 acres of following such publication. This 30 day public land. to space available. extension will apply only to the For detailed program information, amendment and not to this decision. e f f e c t iv e d a t e : The Osgood Mountains agenda, list of participants, and meeting Upon publication of this decision in Milk-vetch ACEC designation became summary contact: Dr. Edward J. the Federal Register, a 30 day appeal effective on the same day the Paradise- Roccella, Coordinator, Health Education period is initiated. Any person who has Denio Management Framework Plan Branch, Office of Prevention, Education disagreement with this decision and has was officially adopted—July 9,1982. The and Control, National Heart, Lung, and information which may influence the designation was authorized by Blood Institute, National Institutes of decision may file an appeal with the regulation (43 CFR Part 1600) effective Health, Building 31, Room 4A18, IBLA by following administrative September 6,1979. Bethesda, Maryland 20205, 301-496- procedures applicable to formal appeals. ADDRESSES: For further information 1051. These are published in the Code of about this designation, contact either of Dated: December 9,1983. Federal Regulations under 43 CFR Part the following Bureau of Land Betty J. Beveridge, 4. A copy of any notice of appeal must Management officials: Committee Management Officer, National be filed with the Utah State Director (U- Edward F. Spang, Nevada State Institutes of Health. 930), Bureau of Land Management, 136 Director, Nevada State Office, 300 [FR Doc. 83-33306 Filed 12-14-83; 8:45 am] East South Temple, Salt Lake City, Utah Booth Street, P.O. Box 12000, Reno, BILLING CODE 4140-01-M 84111, so that the case files can be Nevada 89520; (702) 784-5451 transmitted to IBLA. To avoid summary Frank C. Shields, District Manager, dismissal of the appeal, these must be in DEPARTMENT OF THE INTERIOR Winnemucca District, Bureau of Land strict compliance with the regulations Management, 705 E. 4th Street, Bureau of Land Management found in 43 CFR 4.411. The rules of Winnemucca, NV 89445; (702) 623- practice require that a copy of the notice 3676 [UT-060-139A] of appeal, any statement of reasons, SUPPLEMENTARY INFORMATION: An Mill Creek Wilderness Study Area written arguments, or briefs, must be ACEC as defined by FLPMA is an area (WSA) Boundaries Modified as served on the Regional Solicitor, “within the public lands where special Instructed by the Interior Board of Intermountain Region, U.S. Department management attention is needed (when Land Appeals of the Interior, Suite 6201 Federal such area are developed or where no Building, 125 South State Street, Salt development is required) to protect and a g e n c y : Bureau of Land Management Lake City, Utah 84138, and provide proof (BLM), Interior. prevent irreparable damage to important of service in accordance with 43 CFR historical, cultural or scenic values, fish 55780 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices and wildlife resources, or other natural and a week-long open house were sealed bids and must be for at least the systems or processes, or to protect life conducted for the purpose of receiving appraised value. Individuals with a and safety from natural hazards.” public comments. Following approval of preference right to purchase a parcel The Bureau of Land Management has the Management Framework Plan, the must be present at the auction and must adopted as its policy that those areas ACEC designation was protested in July submit a sealed bid, appraised value or must meet the criteria of relevance and of 1982. Subsequently, the protest was higher, in order to qualify to meet the importance as defined in the ACEC resolved in February 1983 in favor of high sealed bid. policy and procedures guidelines designation. The sale will be held on Wednesday, published in June 1980. Dated: December 9,1983. February 15,1984, at 10:00 a.m., Bureau The Osgood Mountains Milk-vetch Edward F. Spang, of Land Management Conference Room, ACEC is the critical habitat for the State Director, Nevada. 1000 South Ninth Street, Lakeview, Osgood Mountains Milk-vetch Oregon 97630. (Astragalus yoder-williamsii). This [FR Doc. 83-33352 Filed 12-14-83; 8:45 am] BILLING CODE 4310-HC-M Sale parcels No. 1, 2, 3, and 5, OR- species was listed as endangered by the 34957 and sale parcel No. 7, OR-36020, U.S. Fish and Wildlife Service (FWS) on will be offered for sale at public auction August 13,1980, on an emergency listing. [OR-34957, OR-36019, OR-36020] through competitive bidding. However, the listing expired on April 15, Sale parcel No. 4, OR-34957 and sale 1981. A Memorandum of Understanding Oregon; Realty Action Competitive/ parcel No. 6, OR-36019 will be offered (MOU) between FWS and BLM has Modified Competitive Sale in Lake for sale at public action through been established in an effort to aid the County, Oregon modified competitive bidding with conservation of the species. The MOU is William C. Remy and Joe Oxenford, an interim measure under the The following described parcels of land have been examined and identified respectively, given preference to meet Endangered Species Act of 1973, as the high selling bid. Refusal or failure by amended, in light of the complicated and as suitable for disposal by sale under Section 203 of the Federal Land Policy either Mr. Remy or Mr. Oxenford to lengthy process of formally listing the meet the high selling bid immediately plant as a federally endangered species. and Management Act of 1976 (90 Stat. 2750, 43 U.S.C. 1713) at no less than the after the close of bidding shall constitute The relevance criterion is therefore met a waiver of such right. because the area requires special appraised fair market value shown: Modified competitive bidding management attention in order to procedures are being used to recognize prevent irreparable damage to the Fair the needs of adjoining landowners and critical habitat of the Osgood Mountains Sale and Legal description Acreage market Parcel No. historical use by these landowners. Milk-vetch. value Preference to meet the high selling bid is The importance criterion is met authorized under Section 203 of the because this is the only known O R -34957: 1 T. 27 S.. R. 17 E., Federal Land Policy and Management occurrence of this species. Due to the Willamette Meridian, Act of 1976 (43 U.S.C. 1713; CFR Part endangerment of the species, there is a 2711.3—2(a)(2)). significant "cause of concern” to Section 15: SWW SEW ..; 40 $8,200 manage this area in such a manner that This sale is consistent with the future disturbance does not occur. 2 Section 15: SWW SWW.. 40 8,000 existing land usé plan developed in

Based on the plan element prepared 3 Section 22: SEW NEW. .. 40 8,200 accordance with the Department’s for this ACEC, the following resource planning regulations, public 4 Section 14: SEW SWW; use limitations are imposed: Section 23: N EW participation and in coordination with (1) Off-road vehicle activity will be NWW, SW.NWW local governmental entities. The sale discouraged in the Critical Habitat Area. NUIV...... 100 19.000 involves isolated land completely

This includes off-road vehicle use in 5 Section 23: S W N W W , surrounded by private land, that is conjunction with maintenance of the N W S W W ...... 160 32.000 difficult and uneconomical to manage as existing fence, prospecting, and O R -36019: part of the public lands, and is not recreation. 6 T. 27 S., R. 17 E., suitable for management by another Willamette Meridian, (2) By virtue of the ACEC designation, Federal department or agency. The a plan of operations must be filed with Section 31: SEW NEW, public interest will be served by offering FW> S F V i 120 the BLM for any proposed mining Section 32: SW NW W ..... 80 this land for sale. activity within the area. Any activity T. 28 S., R. 17 E., Willamette Meridian, Federal law requires that all bidders which would cause habitat disturbance be U.S. citizens, 18 years of age or more, can be mitigated by this means. 37.46 a state or state instrumentality (3) Maintenance of the existing 237.46 30,900 authorized to hold property, or in the roadway shall be restricted to the O R -36020: case of corporations, be authorized to present right-of-way reservation. No 7 T. 28 S., R. 16 E., Willamette Meridian, own real estate in the state in which the expansion of the road into undisturbed sale land is offered. areas will be allowed. Section 11: S W W NWW, NWW SWW ...... 80 14,000 Sealed written bids will be Opportunity for public comment on condidered only if received by the this ACEC designation occurred during Bureau of Land Management, 1000 South the period between July 1980 and July The parcels offered for sale will be Ninth Street, P.O. Box 151, Lakeview, 1982, when comments were requested on conducted either by competitive or Oregon 97630, prior to 10:00 a.m., the Paradise-Denio Management modified competitive sale procedures, Wednesday, February 15,1984. A Framework Plan. Two public meetings however all bids will be limited to separate written bid should be Federal Register / Voi. 48, No. 242 / Thursday, December 15, 1983 / Notices 55781 submitted for each sale parcel desired. submit comments to the District containing approximately 20,500 acres, Each written sealed bid must be Manager, Lakeview District Office, would remain under a lease and would accompanied by a certified check, postal Bureau of Land Management, P.O. Box be used as a safety buffer zone. This money order, bank draft or cashiers 151,1000 South Ninth Street, Lakeview, area would be available for public use check, made payable to the Department Oregon 97630. Any adverse comments with the exception of those times when of the Interior-BLM for at least twenty received as a result of the Notice of percent (20%) of the amount bid and the strafing exercises were occurring. At Realty Action or notification to the this time, a “safety fan” encompassing shall be enclosed in a sealed envelope congressional committees and clearly marked, “Bid for Public Land roughly 5,000 acres would be cleared of delegations pursuant to Pub. L. 98-146, all persons. The southern boundary of Sales OR-34957, OR-36019, OR-36020, will be evaluated by the District Sale Parcel Number------, Lake County, the lease area is approximately two and Manager who may vacate or modify this one half miles north of Alkali Lake, Oregon, February 15,1984”. The written realty action and issue a final sealed bids will be opened and publicly Oregon. To accomodate current land determination. In the absence of any uses, the Oregon Military Department declared at the beginning of each sale. If action by the District Manager, this 2 or more envelopes containing valid proposes to abstain from aerial strafing realty action will become a final practice during the livestock grazing bids of the same amount are received, determination of the Department of the the determination of which is to be season, while the bombing exercises Interior. Interested parties should could occur year round. TTie Oregon considered the highest bid, shall be by continue to check with the District drawing. Military Department would provide Office to keep themselves advised of additional livestock and wildlife The terms and conditions applicable any changes. to the sale are: watering facilities to offset negative 1. The apparent high bidder shall Dated: December 7,1983. impacts to these values. submit the remainder of the full bid L. E. Duncan, The proposed use is in conformance price within 30 days from the date of Acting District Manager. with the Lakeview District land use sale. Failure to submit the full bid price [FR Doc. 83-33354 Filed 12-14-83; 8:45 am) plans. The Lakeview District Bureau of within 30 days from the date of sale BILLING CODE 4310-33-M Land Management will consider a long shall result in sale cancellation of the „ term (approximately 20 year) direct- specific parcel and the twenty percent [OR-36556] noncompetitive lease for the non­ (20%) deposit shall be forfeited. exclusive use area, and a lease for the 2. The authorized officer may reject Oregon; Realty Action Proposed exclusive use area that would terminate the highest qualified bid and release the Bombing and Aerial Gunnery Range in upon withdrawal. Rental would be bidder from his/her obligation and Lake County, Oregon; Leasing of Land based upon the appraised fair market withdraw any tract from the sale, if he value. Final consideration is dependent determines that consummation of the The Oregon Military Department upon the Oregon Military Department’s sale would be. inconsistent with the proposes to submit an application to filing of an application for lease, and on provisions of any existing law, or lease the following described land under the assessment of all environmental and collusive or other activities have section 302 of the Federal Lake Policy human impacts that would result from hindered or restrained free and open and Management Act of 1976 (90 Stat. such a lease. bidding, or consummation of the sale 2762, 43 U.S.C. 1732), for an aerial Interested parties may submit would encourage or promote speculation gunnery and bombing range. in public lands. comments to the District Manager, A. Exclusive Use Area 3. The patents will contain a Bureau of Land Management, P.O. Box reservation to the United States for T. 28 S., R. 23 E., W.M. 151, Lakeview, Oregon 97630. In order to ditches and canals. Secs. 31,1 32, and 33 1 fully assimilate comments for T. 29 S., R. 23 E., W.M. incorporation into the Environmental 4. The sale is for surface estate only. Secs. 4, 5, 8,1 and 8 The patents will contain a reservation to Assessment, the comment period for this the United States for all minerals. B. Non-Exclusive Use Area Notice will be 45 days from the 5. The sale will be subject to all valid T. 28 S., R. 23 E., W.M. published date. The Environmental existing rights. Secs. 19,1 20, 21, 22, 23,1 26, 27, 28, 29, 30,1 Assessment is scheduled to be Parcels not sold on the day of the sale 33, 34, and 351 completed by August 1,1984 and will be will remain available for sale until sold T. 29 S., R. 23 E., W.M. available for review at the Lakeview or withdrawn. Sealed bids will be Secs. 3,1 6,1 7,10,1 15,1 16,17,18,19, 20, 21, BLM offices at that time. 22,1 27,1 28, 29, 30,1 32,1 33,1 and 34* solicited on these parcels at the T. 29 S., R. 22 E., W.M. Dated: December 5,1983. Lakeview District during regular Secs. 12,13, 24,1 25, and 36 1 Richard L. Harlow, business hours (7:45 a.m. to 4:30 p.m.). The exclusive use area described Acting District Manager. The sealed bids will be opened March 7, above, containing approximately 3,840 [FR Doc. 83-33355 Filed 12-14-83; 8:45 am] 1984 and every first Wednesday of each acres, identifies the main impact area. BILLING CODE 4310-33-M subsequent month until the land is either The ordinance use would be restricted sold, or withdrawn. to inert bomb silnulators, with marking Detailed information concerning the charges, and non-explosive, non-' [M-58031 (SD), et al.] sale, including the planning documents, incendiary 20 and 30 mm cannon environmental assessment and the rounds. The Oregon Military Amendment to Notice of Realty record of public involvement, is Department subsequently would apply Action— Competitive Sale of Five available for review at the Lakeview for a withdrawal for this portion of the Parcels of Public Land in Lyman District Office, Bureau of Land range. This area would be fenced off County, South Dakota Management, 1000 South Ninth Street, and not available for public or livestock Lakeview, Oregon 97630. use. The non-exclusive use area, AGENCY: Bureau of Land Management, For a period of 45 days from the date Miles City District, South Dakota of this notice, interested parties may 1 Portions of sections. Resource Area Office. 55782 Federal Register / Voi. 48, No. 242 / Thursday, December 15, 1983 / Notices

ACTION: Notice of Realty Action M- been determined and will be used in the Pursuant to 43 CFR Part 1600, the 58031(SD)); M-58032(SD); M-58033(SD); competitive combination of sealed and/ Bureau of Land Management has M-58034[SD); M-58035(SD); or oral bids to be held December 28, published both a Notice of Intent to Amendment. 1983, at 1:30 pm, M.S.T., at the Custer Amend the Scattered Blocks and the County Courthouse, Custer, South East Mendocino Management SUMMARY: The fair market value for the Dakota. Framework Plans, 48 FR 48720 (Oct. 20, following described public lands has The parcel and approximate value 1983), and an Availability of Planning been determined and will be used in the follows: Criteria for Amendments to the competitive bid sale to be held Scattered Blocks and the East December 21,1983. Black Hills Meridian Mendocino Management Framework The parcels and appropriate values Township 6 South, Range 2 East, Section 25, Plans, 48 FR 52986 (Nov. 23,1983) for are as follows: NEViNWV^, containing 40—acres-value tracts 4, 5, and 15 of the public lands M-58031(SD) Township 103 North, Range 75 $3,000 described below. West, All other terms of the sale are The following described public lands, Section 2 2 : Lot 4—28.7 acres—$2,500. described in the original Notice of subject to the amendments to the M-58032(SD) Township 103 North, Range 73 West, Realty Action FR Doc. 83-29196, Vol. 48 Scattered Blocks and East Mendocino Section 5: SV2NEV4—80.00 acres—$8,000. No. 209, page 49706 on October 27,1983, Management Framework Plans, have M-58033(SD) Township 103 North, Range 73 and as corrected by FR Doc. 83-30441, been determined to be suitable for West, Vol. 48 No. 219, page 51706 dated disposal under Section 206 of the Section 5: NEViNEVi—80.00 acres—$8,000. November 10,1983, except as follows: Federal Land Policy and Management Township 103 North, Range 73 West, SUPPLEMENTARY INFORMATION Act of October 21,1976 (90 Stat. 2756): Section 32: SEViSEVi. paragraph is amended at: Mount Diablo Meridian M-58034(SD) Township 103 North, Range 78 Bid Standards: No bid will be West, T ract 1 Section 29: Lot 1—2.60 acres—$500. accepted for less than the appraised fair M-58035(SD) Township 103 North, Range 74 market value and bids must include all T. 14 N. R., 18 W., West, of the land identified in the notice. Sec. 21, SEy4SWy4; Section 2: Lot 1—1.05 acres—$50. Method of Bidding: In the second ~ Sec. 28, NEy4NWy4. All other terms of the sale are as paragraph, change the amount from one- T ract 2 fifth of the amount bid to 30% of the described in the original Notice of T. 13 N., R. 16 W., Realty Action FR Doc. 83-28542, Vol. 48, amount bid. Sec. 1, lot 8. No. 204, page 48715, as corrected by FR Add the following sentence to the last Doc. 83-29888 in the Federal Register, paragraph: The successful bidder will T ract 3 Vol. 48 No. 214, page 50803 dated submit 30% of the amount bid at the time T. 13 N.. R. 16 W., November 3,1983, except for the of bid and the remainder within 180 Sec. 1, lots 1, 8, 9. following changes to paragraph days of the sale date. T ract 4 SUPPLEMENTARY INFORMATION: Dated: December 6,1983. T. 11 N., R. 15 W., B id S t a n d a r d s : No bid will be Robert A. Teegarden, Sec. 3, EVa lot 6. accepted for less than the appraised fair Acting District Manager. market value and bids must be T ract 5 [FR Doc. 83-33351 Filed 12-14-83; 8:45 am] T. 11 N., R. 15 W., individually submitted for each parcel in BILUNG CODE 4310-DN-M this notice. Sec. 1, lots 1, 2,13. M ethod of Bidding: In second T. 12 N., R. 15 W., Sec. 35, s w y 4SEy4. sentence, change “not less than one-fifth [C A -1 4 6 6 6 ] (20%)” to “30%” of the amount bid. T ract 6 Final Details: In first sentence, change Termination of the Segregative Effect T. 12 N., R. 15 W., “within the time period designated by of State of California Application for Sec. 20, SWy4NEy4, NWy4SEy4. the authorized officer.” to “within 180 Indemnity Selection; Realty Action; T ract 7 days.” Exchange of Public Land in Mendocino County, California T. 14 N., R. 15 W., Dated: December 9,1983. Sec. 32, sw y 4NEy4, NEy4Nw y4, sy 2Nwy4, Robert A. Teegarden, The segregative effect of State of ■ Nwy4sw y 4. Acting District Manager. California State Lands Commission T ract 8 [FR Doc. 83-33350 Filed 12-14-83:8:45 am] application dated February 5,1982, BILLING CODE 4310-DN-M T. 14 N., R. 15 W., Serial No. C A 12321, is hereby cancelled Sec. 30, NEi4. insofar as it affects the following T ract 9 [M-57761 (SD) ] described lands: Mount Diablo Meridian T. 24 N.. R. 12 W., Amendment to Notice of Realty Sec. 20, sEy4SEy4; T. 13 N., R. 16 W., Action— Competitive Sale of Public Sec. 1, lots 1, 6, 8, 9. T ract 10 Land in Custer County, South Dakota T. 14 N., R. 15 W., T. 14 N., R. 16 W., Sec. 30, NEV4; a g e n c y : Bureau of Land Management, sec. 24, Ny2swy4. Sec. 32, SWy4NEy4, NEViNWVi, Sy2NWy4, Miles City District, South Dakota Nwy4swy4. T ract 15 Resource Area Office. T. 14 W., R. 16 W., T. 20 N., R. 12 W., ACTION: Notice of reality action M-57761 Sec. 21, SEy4SWy4; Sec. 18, Ny2 lots 1 and 2, NWy4NEy4. (SD); Amendment. Sec. 24, NVfeSWtt; Sec. 28, NEy4NWy4. T ract 16 SUMMARY: The fair market value for the T- 20 N„ R. 12 W., T. 17 N.. R. 12 W., following described public lands has Sec. 18, N% lots 1 and 2, NWViNEiA. Sec. 15, lot 2. Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices 55783

Containing 1042-17 acres more or less. Mount Diablo Meridian SUMMARY: Notice is hereby given in Louisiana Pacific Corporation, P.O. T ract 4 accordance with Pub. L. 94-579 and 43 Box 158, Samoa, California 95564, has T. 11 N., R. 15 W., CFR Part 1780 that a meeting of the Ely applied to acquire the above described Sec. 3, S % i E « o t 0. District Advisory Council will be held on Wednesday, January 25,1984. public lands in exchange for the T ract 7 following described privately owned The meeting will be held jointly with T. 14 N., R. 15 W„ the Ely District Grazing Advisory lands: Sec. 32, SW y4NEV4, SEVANWV4, ■ SE VA S W VA N W *4, NViNW%SW%. Board, and will convene at 9:30 a.m. in All lands are in Township 2 South, Range 2 the conference room of the Ely District West, Humboldt Meridian T ract 8 Office located on the Pioche Highway T ract 1 T. 14 N., R. 15 W., one mile south of Ely, Nevada. Sec. 30, SVaSEVANE'A. Parcel 1, The one major agenda item is the Sec. 19, portion of S% lot î m SWt4, S % lot T ract 9 proposed change of kind of livestock on 2 in SWf*. T. 24 N-, R. 12 W., several grazing allotments in the Egan Parcel 2, Sec. 20, SEYASE1/*. Resource Area. After discussion of this Sec. 30, portion of NV2 lot 1 in NW'A. N% topic, the advisory groups will conduct The purpose of this exchange is to separate meeting during which their lot 2 in NW'A. acquire non-Federal lands that would Parcel 3, recommendations will be formulated consolidate other public lands adjacent and submitted to the District Manager. Tract A Sec. 21, SViSVa; to the King Range Conservation Area for Public comment time is scheduled for Tract B Sec. 21, portion of NW'ASEVi. more effective management and to Parcel 4, 1:30 p.m. The public is invited to attend provide for legal access to the Sec. 22, SWy4SEy4; this meeting and may, at the designated consolidated lands. Sec. 27, NWV4NW%; time, submit written or oral statements The publication of this notice in the Sec. 28, N Vs NEVA. for the advisory groups’ consideration. Federal Register shall segregate the Parcel 5, Minutes of the meeting will be applied for public lands from ail other Sec. 27, SVfeNWVi; forms of appropriation and the public available for public inspection and Sec. 28, S%NEV4. reproduction during regular office hours land laws, including the mining laws, for Tract 2 a period of two years. This exchange is within 30 days following the meeting. FOR FURTHER INFORMATION CONTACT: Sec. 27, lots 7, 8, S&SW J4; expected to be consumated before the Cleone McDonald at (702) 289-4865. Sec. 28, SEVî SEVî ; end of that period. Sec. 33, NE VANE Vi; For Further Information Contact: Van DATE: January 25,1984. Sec. 34, NV4NV4; W. Manning, District Manager, Ukiah ADDRESS: Bureau of Land Management, Sec. 35, Ny2NWy4, NWftNEft. District Office, Bureau of Land Star Route 5, Box 1, Ely, Nevada 89301. Containing 1178.15 acres more or less. Management, 555 Leslie Street, P.O. Box 940, Ukiah, California 95482, Phone: Dated: December 8,1983. Supplementary Information: A mineral (707) 462-1876. Detailed information Merrill L. DeSpain evaluation has been completed on the concerning the exchange, including the District Manager. public lands. Tracts 1 through 8 and 10 environmental assessment and record of [FR Doc. 83-33329 Filed 12-14-83; 8:45 a’mj, were found to be prospectively valuahle non-Federal participation is available BILLING CODE 4310-MC-M for oil and gas. Tract 16 was found to be for review. prospectively valuable for geothermal. A Dates: For a period of 45 days from reservation of these minerals will be the publication of this notice in the Ely District Grazing Board Meeting made to the United States. The mineral Federal Register, interested parties may a g e n c y : Bureau of Land Management, estate of the privately owned-lands will submit comments to the Ukiah District Interior. be conveyed with the exception of Tract Manager, Bureau of Land Management, ACTION: Notice of meeting. 2. On Tract 2 all coal and other minerals 555 Leslie Street, P.O. Box 940, Ukiah, together with the right to prospect for, California 95482. Any adverse comments SUMMARY: Notice is hereby given in mine and remove shall be retained into will be evaluated by the California State accordance with Pub. L. 94-579 and 43 private ownership. Director, Bureau of Lahd Management, CFR Part 1780 that a meeting of the Ely There will be reserved to the United who may vacate or modify this realty District Grazing Advisory Board will be States in the applied for lands, a right- action and issue a final determination. held on Wednesday, January 25,1984. In the absence of a vacation or of-way for ditches and canals The meeting will be held jointly with modification this realty action will constructed by the authority of the the Ely District Advisory Council, and become the final determination of the United States, Act of August 30,1890 (43 will convene at 9:30 a.m. in the Bureau. U.S.C. 945). There will also be a 40 foot conference room of the Ely District wide electrical transmission line right- Dated: Decemher 5,1983. Office located on the Pioche Highway of-way, SAC 059944, reserved to Pacific Van W. Manning, one mile south of Ely, Nevada. Gas and Electric Company across Tract Ukiah District Manager. The one major agenda item is the 6. [FR Doc. 83-33325 Filed 12-14-83: 8:48 am} proposed change of kind of livestock on Pursuant to the authority contained in BILLING CODE 4310-40-M several grazing allotments in the Egan Section 3(d) of Executive Order 11988 of Resource Area. After discussion of this May 24,1977, there will be a restriction topic, the advisory groups will conduct on the following described public lands Ely District Advisory Council Meeting separate meetings during which their that would constitute a covenant AGENCY: Bureau of Land Management, recommendations will be formulated running with the land, whereby the land Interior. and submitted to the District Manager. may not be used for residential Public comment time is scheduled for a c t io n : Notice of meeting. purposes, dwellings or buildings: 1:30 p.m. The public is invited to attend 55784 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices

this meeting and may, at the designated C-21446 and C-25341 for lands in The tract is not required for any other time, submit written or oral statements Dolores County, Colorado was timely Federal purpose and meets the disposal for the advisory groups’ consideration. filed and was accompanied by all the criteria of the regulations contained in The election of officers and the required rentals and royalties accruing 43 CFR 2710.0-3(a)(3). discussion of items of range from August 1,1983, the date of The land will not be offered for sale management policy will also occur termination. until 60 days after the date of this notice. during the separate meeting. The lessee has agreed to new lease Patent, when issued, will contain the Minutes of the meeting will be terms for rentals and royalties at rates following reservations to the United available for public inspection and of $5.00 and 16% percent, respectively. States: reproduction during regular office hours The lessee has paid the required $500 1. A right-of-way for ditches and within 30 days following the meeting. administrative fee for each lease and canals constructed by the authority of FOR FURTHER INFORMATION CONTACT: has reimbursed the Bureau of Land the United States. Act of August 30, Kathy Lindsey at (702) 289-4865. Management for the estimated cost of 1890, 26 Stat. 391; 43 U.S.C. 945 (1970). DATE: January 25,1984. this Federal Register notice. 1. All minerals in the land above Having met all the requirements for a d d r e s s : Bureau of Land Management, described, with the right .to prospect for, Star Route 5, Box 1, Ely, Nevada 89301. reinstatement of the leases as set out in mine and remove the same under Section 31 (d) and (e) of the Mineral applicable law and such regulations as Dated: December 8,1983. Lands Leasing Act of 1920, as amended, Merrill L. DeSpain, the Secretary may prescribe. (30 U.S.C. 188), the Bureau of Land 3. All oil and gas with the rights to District Manager, Management is proposing to reinstate explore for and produce oil and gas, [FR Doc. 83-33328 Filed 12-14-83:8:45 am} the leases, effective August 1,1983, including ingress and egress. SILLING CODE 4310-HC-M subject to the original terms and Patent will be issued recognizing that conditions of the leases and the the lands lie within a floodplain and as increased rental and royalty rates cited Yuma District Advisory Council Notice such the patentees or their successors above. will be limited by Section 3(d) of of Public Meeting Questions concerning this notice may Executive Order 11988 of May 24,1977 be directed to Barbara Benz of the a g e n c y : Bureau of Land Management, from seeking compensation from the Interior. Colorado State Office at (303) 837-5551. United States or its agencies in the William J. Norton II, a c t io n : Notice of Advisory Council event the patented lands and/or existing Meeting. Acting Chief, Mineral Leasing Section. or future facilities on the patented lands [FR Doc. 83-33327 Filed 12-14-83; 8:45 am] are damaged by floods. SUMMARY: The Yuma District District BILUNG CODE 4310-JB-M The sale of these lands will be subject Advisory Council will meet from 9:00 to all valid existing rights and a.m. to 3:00 p.m., January 20,1984, at the reservations of record. Realty Action; Sale of Public Lands; Yuma County Chamber of Commerce Detailed information concerning the Emery County, Utah Conference Room, 377 S. Main Street, sale, including the combined Yuma, Arizona. The public is invited to a g e n c y : Bureau of Land Management, Environmental Assessment and Land attend. Interior. Report, is available for review at the The meeting agenda will include: San Rafael Resource Area Office, 900 1. District Manager’s update; ACTION: Notice of Realty Action, Direct Sale of Public Lands in Emery County, North 7th East, Price, Utah and the 2. Wilderness area recommendation Moab District Office, 125 West 2nd status report; Utah (U-50237). South, Moab, Utah. 3. Resource Management Plan update; s u m m a r y : The following described land For a period of 45 days from the date 4. Floodplain Management Plan has been examined and identified as of this notice, interested parties may update; suitable for disposal by direct sale submit comments to the District 5. Long Term Visitor area program under Section 203 of the Federal Land update; Manager at 125 West 2nd South, P.O. Policy and Management Act of October 6. Lands Program Update; and Box 970, Moab, Utah 84532. Any adverse 7. Public comments. 21,1976 (90 Stat. 2750, 43 U.S.C. 1713) at commens will be evaluated by the Individuals wishing to make no less than fair market value: District Manager who may vacate or modify this realty action and issue the statements at the meeting should advise Salt Lake Meridian, Utah the District Manager by 4:00 p.m., final determination of the Department of T. 17 S., R. 8 E., the Interior. January 19,1984 so that time may be Sec. 8, SEV^SWViNE VtNWVi, SWttSEY« reserved. NEV4NWy4. Dated: December 8,1983. FOR FURTHER INFORMATION CONTACT: Gene Nodine, The above-described land, comprising Glenn Stewart (602) 726-6300. 5 acres, is being offered by direct sale to District Manager. B. Gene Miller, Samuel H. Rowley at fair market value. [FR Doc. 83-33324 Filed 12-14-83; 8:45 am] A cting D istrict M anager. Disposition will assure equitable BILLING CODE 4310-DQ-M [FR Doc. 83-33328 Filed 12-14-83; 8:45 am] consideration to a historical user and BILLING CODE 4310-32-M the owner of improvements on the land. [AA-6684-A] The proposed sale is consistent with the Bureau’s Planning System. The tract [Colorado 21446 and 25341] Alaska Native Claims Selection; location and its characteristics make it Chaluka Corp. Proposed Reinstatement; Delores difficult to manage as part of the public County, Colorado lands. The only access to the tract is by In accordance with Departmental a private road across lands owned by regulation 43 CFR 2650.7(d), notice is Notice is hereby given that a petition Mr. Rowley and other members of his hereby given that a decision to issue for reinstatement of oil and gas leases family. conveyance under the provisions of Sec. Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices 55785

14 of the Alaska Native Claims Office, 701 C Street, Box 13, Anchorage, Parties interested in receiving Settlement Act of December 18,1971 (43 Alaska 99513. information about the Bureau’s interim U.S.C. 1601,1611) (ANCSA), will be If an appeal is taken, the parties to be water or storage space marketing issued to Chaluka Corporation, for served with a copy of the notice of program or obtaining a temporary approximately 5 acres. The lands appeal are: supply of water or storage space from a involved are within T. 83 S., R. 136 W., O. Earle Williams, Jr., Chief, Logistics Bureau project should contact: Seward Meridian, Alaska. and Property Management, 17th Coast Project Manager, Mills, Wyoming (307) The decision to issue conveyance will Guard District, P. O. Box 3-5000, 261-5632, Glendo, Seminoe, and be published once a week, for four (4) Pathfinder Reservoirs, Wyoming. consecutive weeks, in THE Juneau, Alaska 99802 Chaluka Corporation, Nickolski, Alaska Project Manager, Grand Island, ANCHORAGE TIMES upon issuance of Nebraska (308) 345-4400, Glen Elder the decision. 99638 The Aleut Corporation, 2550 Denali Reservoir, Kansas. For information on how to obtain Project Manager, Pueblo, Colorado (303) copies, contact Bureau of Land Street, Anchorage, Alaska 99503. Helen Burleson, 544-8171, Ruedi Reservoir and East Management, Alaska State Office, 701 C Slope System, Colorado. Street, Box 13, Anchorage, Alaska 99513. Section Chief, Branch o f ANCSA Adjudication. Project Manager, Loveland, Colorado Any party claiming a property interest (303) 667-4410, Green Mountain [FR Doc 83-33336 Filed 12-14-83; S:45 amj in lands affected by this decision, an Reservoir, Colorado. agency of the Federal government, or BILUNG CODE 4310-84-M regional corporation may appeal the Unless significant public interest in decision to the Interior Board of Land the proposed interim water marketing Appeals, Office of Hearings and Bureau of Reclamation program is demonstrated in response to Appeals, in accordance with the this notice and local news releases or Interim Water Service Contracts; announcements, the availability of the regulations in 43 CFR Part 4, Subpart E, Intent To Negotiate Interim Water as revised. proposed draft contracts will be limited Service Contracts If an appeal is taken, the notice of to those parties who have expressed an interest therein. Written comments from appeal must be filed with the Bureau of The Regional Director of the Lower the public on the forms of the proposed Land Management, Alaska State Office, Missouri Region, Bureau of Reclamation, contracts should be submitted not later Division of Conveyance Management Department of the Interior, may enter than 30 days after the completed drafts (960), 701 C Street, Box 13, Anchorage, into interim water service contracts for are made available. Alaska 99513. Do not send the appeal irrigation and municipal and industrial directly to the Interior Board of Land (M&I) water when such water or storage Dated: December 9,1983. Appeals. The appeal and copies of space is available and surplus to project William C. Klostermeyer, pertinent case files will be sent to the needs. Contracts of this type can be Acting Commissioner o f Reclamation. Board from this office. A copy of the entered into upon short notice to meet [FR Doc. 83-33377 Filed 12-14-83; 8:45 am] appeal must be served upon the emergency or temporary demands. BILLING CODE 4310-09-M Regional Solicitor, 701 C Street, Box 34, However, such contracts may not Anchorage, Alaska 99513. exceed 1 year in duration and are The time limits for filing an appeal limited to 10,000 acre-feet annually per Fish and Wildlife Service are: irrigation contract and 2,000 acre-feet 1. Parties receiving service of the annually per M&I contract. All interim Endangered Species Permit; Don C. decision by personal service or certified contracts will specify quantities, rates, Isgar et al.; Receipt of Applications mail, return receipt requested, shall and other terms and conditions in The following applicants have applied have thirty days from the receipt of the compliance with Reclamation law and for permits to conduct certain activities decision to file an appeal. Bureau of Reclamation policy. with endangered species. This notice is 2. Unknown parties, parties unable to The Regional Director of the Lower provided pursuant to Section 10{c} of the be located after reasonable efforts have Missouri Region, Denver, Colorado; has Endangered Species Act of 1973, as been expended to locate, parties who authority to execute interim water amended (16 U.S.C. 1531, et seq.); failed or refused to sign their return service contracts in southeastern receipt, and parties who received a copy Applicant: Don C. Isgar, Salt Lake City, UT— Wyoming, eastern Colorado, Nebraska, PRT 2-11297 of the decision by regular mail which is and northern Kansas. For the calendar not certified, return receipt requested, year 1984, it appears that water or The applicant requests a permit to shall have until January 16,1984 to file storage space, surplus to project needs, import one hunting trophy of a captive- an appeal. will be available for sale from Glendo, bred bontebok antelope (.Damaliscus Any party known or unknown who is Seminoe, and Glen Elder Reservoirs of dorcas dorcas) that was culled from a adversely affected by the decision shall the Pick-Sloan Missouri Basin Program; ranch herd in South Africa. be deemed to have waived those rights Pathfinder Reservoir of the North Platte Applicant: Gladys Porter Zoo, Brownsville, which were adversely affected unless an Project: Ruedi Reservoir and the East TX—APP No. 584012 appeal is timely filed with the Bureau of Slope System of the Fryingpan-Arkansas The applicant requests a permit to Land Management, Alaska State Office, Project; and Green Mountain Reservoir export a pair of captive-bred tigers Division of Conveyance Management. of the Colorado-Big Thompson Project. [Panthera tigris) to the Toluca, Mexico To avoid summary dismissal of the Other Bureau projects in the region with Zoo for enhancement of propagation. appeal, there must be strict compliance regulated reservoir storage may have with the regulations governing such minor quantities of surplus water or Applicant: Cleveland Metroparks Zoo, appeals. Further information on the storage space available to meet Cleveland, OH—APP No. 583945 manner of and requirements for filing an temporary demands. All releases will be The applicant requests a permit to appeal may be obtained from the Bureau subject to State laws for beneficial use import one female captive-born cheetah, of Land Management, Alaska State and prior appropriation rights. [A cinon yx jubatus) from1 Whipsnade 55786 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices

Park, England, for enhancement of 1979, (44 FR 53685). Those practices and INTERNATIONAL TRADE propagation or survival. procedures are set out in a revised COMMISSION Documents and other information § 250.34 of Title of the Code of Federal submitted with these applications are Regulations. [Investigation No. 337-TA-174] available to the public during normal Dated: December 8,1983. business hours 7:45 am to 4:15 p.m.) in Certain Woodworking Machines; John L. Rankin, Room 601,1000 N. Glebe Rd, Arlington, Investigation Virginia, or by writing to the U.S. Fish & Regional Manager, Gulf o f Mexico Region. Wildlife Service, WPO, P.O. Box 3654, [FR Doc. 83-33319 Filed 12-14-83; 8:45 am] AGENCY: International Trade Arlington, VA 22203. BILLING CODE 4310-MR-M Commission. Interested persons may comment on a c t i o n : Institution of investigation these applications within 30 days of the pursuant to 19 U.S.C. 1337. date of this publication by submitting Oil and Gas and Sulphur Operations in written views, arguments, or data to the the Outer Continental Shelf; Exxon SUMMARY: Notice is hereby given that a Director at the above address. Please Co., U.S.A. complaint was filed with the U.S. refer to the appropriate file when International Trade Commission on submitting comments. AGENCY: Minerals Management Service, November 10,1983, under section 337 of Interior. the Tariff Act of 1930 (19 U.S.C. 1337), on Dated: December 12,1983. a c t i o n : behalf of Rockwell International Corp., Larry LaRochelle, Notice of the Receipt of a Proposed Development and Production 600 Grant Street, Pittsburgh, Chief, Branch o f Permits, Federal W ildlife Plan. Pennsylvania 15219. A supplement to the Permit O ffice, complaint was filed on November 21, [FR Doc. 83-33359 Filed 12-14-83:8:45 am] s u m m a r y : This Notice announces that 1983. The complaint as supplemented BILLING CODE 4310-55-M Exxon Company, U.S.A., Unit Operator alleges unfair methods of competition of the West Delta Block 73 Federal Unit and unfair acts in the importation of Minerals Management Service Agreement Nos. 14-08-0001-11674,14- certain woodworking machines into the 08-0001-8916,14-08-0001-11677, United States, or in their sale, by reason Oil and Gas and Sulphur Operations in submitted on December 1,1983, a of alleged (a) infringement of claims 1 the Outer Continental Shelf; C&K proposed annual plan of development/ through 3 and 5 through 14 of U.S. Petroleum, Inc. production describing the activities it Letters Patent 3,754,493; (b) infringement proposes to conduct on the West Delta of complainant’s common law AGENCY: Minerals Management Service, Block 73 Federal Units. trademark in the configuration of its Interior. The purpose of this Notice is to inform wookworking machines; (c) infringement a c t io n : Notice of the receipt of a the public, pursuant to Section 25 of the of complainant’s common law proposed development and production OCS Lands Act Amendments of 1978, trademark “Contractor’s Saw”; (d) plan. that the Minerals Management Service infringement of complainant’s registered trademarks “Unisaw” and “Rockwell”, SUMMARY: Notice is hereby given that is considering approval of the plan and Registration Nos. 369,416 and 765,006, C&K Petroleum, Inc. has submitted a that it is available for public review at and its registered logo, Registration No. Development and Production Plan the offices of the Regional Manager, 1,031,146; (e) false representation of describing the activities it proposes to Gulf of Mexico Region, Minerals manufacturing source; (f) passing off; conduct on Lease O C S-G 1954, Block Management Service, 3301 N. Causeway and (g) false and deceptive advertising. 103, Vermilion Area, offshore Louisiana. Blvd., Room 147, Metairie, Lousiana The complaint further alleges that the The purpose of this Notice is to inform 70002. effect or tendency of the unfair methods the public, pursuant to Section 25 of the FOR FURTHER INFORMATION CONTACT: of competition and unfair acts is to OCS Land Act Amendments of 1978, Minerals Management Service, Records that the Minerals Management Service destroy or substantially injure an Management Section, Room 143, open industry, efficiently and economically is considering approval of the Plan and weekdays 9:00 a.m. to 3:30 p.m., 3301 N. operated, in the United States. that it is available for public review at Causeway Blvd., Metairie, Louisiana The complainant requests the the Office of the Regional Manager, Gulf 70002, phone (504) 838-0519. of Mexico Region, Minerals commission to institute an investigation SUPPLEMENTARY INFORMATION: Revised Management Service, 3301 North and, after a full investigation, to issue a rules governing practices and Causeway Blvd., Room 147, Metairie, permanent exclusion order and Louisiana 70002. procedures under which the Minerals permanent cease and desist orders. Management Service makes information FOR FURTHER INFORMATION CONTACT: contained in development and Authority Minerals Management Service, Public production plans available to affected The authority for institution of this Records, Room 147, open weekdays 9 State, executives of affected local investigation is contained in section 337 a.m. to 3:30 p.m., 3301 North Causeway governments, and other interested of the Tariff Act of 1930 and in section Blvd., Metairie, Louisiana 70002, Phone parties became effective on December 210.12 of the Commission’s Rules of (504) 838-0519. 13,1979 (44 FR 53685). Those practices Practice and Procedure (19 CFR 210.12). SUPPLEMENTARY information : Revised and procedures are set out in a revised Scope of Investigation rules governing practices and § 250.34 of Title 30 of the Code of procedures under which the Minerals Federal Regulations. Having considered the complaint, the Management Service makes information Dated: December 8,1983. U.S. International Trade Commission, on contained in Development and December 7,1983, ordered that— John L. Rankin, Production Plans available to affected (1) Pursuant to subsection (b) of States, executives of affected local Regional Manager, Gulf o f Mexico Region. section 337 of the Tariff Act of 1930, an governments, and other interested [FR Doc. 63-33418 Filed 12-14-83; 8:45 am] investigation be instituted to determine parties became effective December 13, BILLING CODE 4310-MR-M whether there is a violation of Federal Register / Vol 48, No. 242 / Thursday, December 15, 1983 / Notices 55787

subsection (a) of section 337 in the Toolcoa International! Inc., 377 N. 156, Washington, D.C. 20436, telephone unlawful importation of certain Anaheim Boulevard, Orange, 202-523-0471. woodworking machines into the United California 96268 FOR FURTHER INFORMATION CONTACT: States, or in their sale, by reason of American Machine and Tool Co., Fourth alleged (a) infringement of claims 1 and Spring Streets, Royersford, Juan Cockburn, Esq., Unfair Import through 3 and 5 through 14 of U.S. Pennsylvania 19468 Investigations Division, U.S. Letters Patent 3,754,493; (b) infringement Wilke Machinery Co., 1519 Mt. Rose International Trade Commission, of complainant’s common law Ave., York, Pennsylvania 17403 telephone 202-523-1272. trademark in the configuration of its Conover Woodcraft Specialties, 18125 wookworking machines; (c) infringement Madison Road, Parkman, Ohio 44080 Issued: December 12,1983. of complainant’s common law Big Joe Industries Tool Corp., 2421 West By order of the Commission. trademark “Contractor’s Saw”; (d) 11th Street, Houston, Texas 77008 Kenneth R. Mason, infringement of complainant’s registered Harbor Freight Salvage Co., 7110 Case trademarks “Unisaw” and "Rockwell”, Ave., North Hollywood, California S ecretary . Registration Nos. 369,416 and 765,006, 91605 [FR Doc. 33337 Filed 12-14-83; 8:45 am] and its registered logo, Registration No. Trend-Lines, Inc., 170 Commercial BILLING CODE 7020-02-M 1,031,146; (e) false representation of Street, Malden, Massachusetts 02148 manufacturing source; (f) passing off; Fort Bragg Rent-All, Inc., 1855 North and (g) false and deceptive advertising, Highway 1, P.O. Box 1790, Fort Bragg, the effect or tendency of which is to California 95437 DEPARTMENT OF JUSTICE destroy or substantially injure an The Tool Guys, 1659 Willow Pass Road, Drug Enforcement Administration industry, efficiently and economically Concord, California 94520 . operated, in the United States; Pro Shop Power Tools, 313 North Route (2) For the purpose of the investigation 83, Elmhurst, Illinois 60126. Domestic Cannabis Eradication/ so instituted, the following are hereby (c) Juan Cockbum, Esq., Unfair ImportSuppression Program on Federal named as parties upon which this notice Investigations Division, U.S. Lands; Intent To Prepare a of investigation shall be served: International Trade Commission, 701 E Programmatic Environmental Impact (a) The complainant is—Rockwell Street NW„ Room 128, Washington, D.C. Statement International Corp., 600 Grant Street, 20436, shall be the Commission Pittsburgh, Pennsylvania 15219. investigative attorney, a party to this The Department of Justice, Drug (b) The respondents are the following investigation; and Enforcement Administration (DEA), will companies, alleged to be in violation of (3) For the investigation so instituted, prepare a programmatic environmental section 337, and are the parties upon Donald K. Duvall, Chief Administrative impact statement (EIS) on the possible which the complaint is to be served: Law Judge, U.S. International Trade environmental and health implications Chiu Ting Machinery Co., Ltd., 16, Chen Commission, shall designate the in the United States associated with Shing Road, Taiping Taichung County, presiding officer. domestic cannabis eradication on Taiwan Responses must be submitted by the Federal lands and intermingled forest Shih Hsin Screw Works, 372 An Ho named respondents in accordance with and range lands. After preparation of Road, Sec. 1, Tainan, Taiwan § 210.21 of the Commission’s Rules of that EIS, DEA will investigate the need Ju Ting Machinery Works Co., Ltd., 88- Practice and Procedure (19 CFR 210.21). to prepare a similar EIS for the 10, Tung Ping Road, Taiping Hsiang, Pursuant to § 201.16(d) and 210.21(a) of remainder of the United States. Taichung Hsien, Taiwan the rules, such responses will be The EIS will review a range of Leroy International Corp., Hung Tai considered by the Commission if alternatives for this proposed action Sung Chiang Bldg., 152 Sung Chiang received not later than 20 days after the which will include mechanical and Road, Taipei, Taiwan date of service of the complaint. manual means, fire and herbicides, and King Feng Fu Machine Works Co., Ltd., Extensions of time for submitting a alternative herbicides such as 2, 4-D, No. 45, Sec. 1, Chung Chin Road, TaYa response will not be granted unless good Paraquat and Glyphosate, and Taichung Hsien, Taiwan cause therefor is shown. alternative methods of application, as World Wide Supplies Co., Ltd., 4th Floor Failure of a respondent to file a timely well as health effects associated with No. 305, Sec. 3, Nanking E. Road, P.O. response to each allegation in the spraying. Box 67-2, Taipei, Taiwan complaint and in this notice may be In the interim, DEA will continue to Show Soon Enterprises Co., Ltd., 5, 6th deemed to constitute a waiver of the encourage and to assist state and local Floor, No. 41-4 Hsing Tung Street, right to appear and contest the law enforcement authorities in Taipei, Taiwan allegations of the complaint and this conducting cannabis eradication Dankey International Inc., 3-F1-2,19 notice, and to authorize the presiding programs throughout the United States. Sec. 4, P.O. Box 81-149, Nanking E. officer and the Commission, without The eradication and suppression of Road, Taipei, Taiwan further notice to the respondent, to find domestically produced cannabis is an Tauco Manufacturing (Pty) Ltd., P.O. the facts to be as alleged in the obligation placed upon the United States Box 4125, Port Elizabeth, 6000, South complaint and this notice and to enter Federal Government by the Single Africa both an initial determination and a final Convention on Narcotic Drugs, 1961, the Jet Equipment & Tools Corp., 1901 determination containing such findings. Controlled Substances Act of 1970, and Jefferson Ave., Tacoma, Washington The complaint, except for any the 1982 Federal Strategy for Prevention 98408 confidential information contained of Drug Abuse and Drug Trafficking. In Wilton Corp., 2400 E. Devon Ave., Des therein, is available for inspection addition to these mandates, a vigorous Plaines, Illinois 60016 during official business hours (8:45 a.m. eradication campaign in the United Industrial Industries International, Inc., to 5:15 p.m.) in the Office of the States is necessary to demonstrate to 19411 Londelius Street, Northridge, Secretary, U.S. International Trade foreign governments our commitment to California 91324 Commission, 701 E Street NW., Room controlling illicit cannabis cultivation. 55788 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices

Federal, state, and local agencies, law Dated: DeGember*12,1983. 202/634-1414) between 8:15 a.m. and enforcement officials, and other Francis M. Mullen, Jr., 5:00 p.m., est. individuals and organizations who may Administrator. Dated: December 12,1983. be interested in or affected by the [FR Doc. 83-33357 Filed 12-14-83; 8:45 am] John C. Hoyle, program will be invited to participate in BILLING CODE 4410-09-M the scoping process. This process will Advisory Committee Management Officer. include: [FR Doc. 83-33382 Filed 12-14-83; 8:46 am] 1. Identification of those issues to be NUCLEAR REGULATORY BILLING CODE 7590-01-M addressed. COMMISSION 2. Identification of those issues to be Advisory Committee on Reactor Documents Containing Reporting or analyzed in-depth. Safeguards; Subcommittee on Recordkeeping Requirements: Office 3. Elimination of insignificant issues Shearon Harris Nuclear Power Plant of Management and Budget Review or those that have been covered by a Units Nos. 1 and 2; Meeting previous environmental review. AGENCY: Nuclear Regulatory The ACRS Subcommittee on Shearon Commission. 4. Determination of potential Harris Nuclear Power Plant Units Nos. 1 cooperating agencies and assignment of and 2 will hold a meeting on January 3 ACTION: Notice of the Office of responsibilities. and 4,1984 at the Ramada Inn South, Management and Budget review of 5. Identification of a reasonable range U.S. 1 at Route 55, Apex, NC. The information collection. of alternatives. Subcommittee will review the SUMMARY: The Nuclear Regulatory All Federal land management application of the Carolina Power and Commission has recently submitted to agencies, the Environmental Protection Light Company for an operating license. the Office of Management and Budget Agency, and other agencies, will be In accordance with the procedures outlined in the Federal Register on (OMB) for review the following proposal invited to participate as cooperating for the collection of information under agencies to evaluate the potential September 28,1983 (48 FR 44291), oral or written statements may be presented by the provisions of the Paperwork impacts on Federal lands and members of the public, recordings will Reduction Act (44 U.S.C. Chapter 35). intermingled forests and range lands. be permitted only during those portions 1. Type of submission, new, revision Public scoping meetings will be held of the meeting when a transcript is being or extension: Revision. at the following times and locations: kept, and questions may be asked only 2. The title of the information January 16,1983, 7:00 p.m. by members of the Subcommittee, its collection: 10 CFR Part 73-Physical Richard B. Russell Building, 75 Spring consultants, and Staff. Persons desiring Protection of Plants and Materials. Street, Room 848, Atlanta, GA 30305 to make oral statements should notify 3. The form number if applicable: Not January 18,1984, 7:00 p.m. the Cognizant Federal Employee as far applicable. in advance as practicable so that 4. How often the collection is Holiday Inn West, West 4212 Sunset appropriate arrangements can be made Boulevard, Spokane, WA 99204 required: Only when requesting an to allow the necessary time during the exemption from the regulations. January 20,1984, 7:00 p.m. meeting for such statements. St. Cajetan’s Conference Center, The entire meeting will be open to 5. Who will be required or asked to Auraria Campus, 9th and Lawrence public attendance. report: Persons requesting an exemption Streets, Denver, CO 80204 The agenda for subject meeting shall from the requirements of regulations in 10 CFR Part 73. January 24,1984, 2:00 p.m. be as follows: Tuesday, January, 3,1984—12:00 N oon - 6. An estimate of the number of Health and Human Services, North responses: One. Auditorium, 330 Independence 8:00 p.m . Wednesday, January 4,1984 8:00 a .m .- 7. An estimate of the total number of Avenue, S.W., Washington, D.C. — 5:00 p.m . hours needed to complete the 20201. During the initial portion of the requirement or request: 80. Francis M. Mullen, Jr., Administrator, meeting, the Subcommittee, along with 8. An indication of whether Section Drug Enforcement Adminstration, any of its consultants who may be 3504(h), Pub. L. 96-511 applies: Not Department of Justice, Washington, present, may exchange preliminary applicable. D.C., is the responsible official. views regarding matters to be 9. Abstract: 10 CFR 73.5 provides that Questions about the proposed action, considered during the balance of the the Commission may grant exemptions and written comments and suggestions meeting. from the requirements of Part 73 under concerning the scope of the The Subcommittee will then hear specific conditions, upon the application environmental impact statement, should presentations by and hold discussions of any interested person or on its own be addressed to Thomas G. Byrne, Chief, with representatives of the Carolina initiative. Cannabis Investigations Section, Power and Light Company, NRC Staff, Copies of the submittal may be Operations Division, Drug Enforcement their consultants, and other interested inspected or obtained for a fee from the Administration, Department of Justice, persons regarding this review. NRC Public Document Room, 1717 H Washington, D.C. 20537 (202-633-5628) Further information regarding topics Street, N.W., Washington, DC 20555. to be discussed, whether the meeting by January 27,1984. Comments and questions should be has been cancelled or rescheduled, the directed to the OMB reviewer, Jefferson Copies of the draft environmental Chairman’s ruling on requests for the B. Hill, (202) 395-7340. impact statement (DEIS) will be made opportunity to present oral statements available for agency and public and the time allotted therefor can be The NRC Clearance Officer is R. comment upon publication. Requests for obtained by a prepaid telephone call to Stephen Scott, (301) 492-6585. copies of the DEIS should also be the cognizant Designated Federal Dated at Bethesda, Maryland, this 12th day addressed to Mr. Byrne. Employee, Mr. Richard Major (telephone of December 1983. Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices 55789

For the Nuclear Regulatory Commission. [Docket Nos. 50-463-CP and 50-464-CP; In an order issued October 25,1983, Patricia G. Norry, ASLBP No. 76-300-01 CP] the Commission requested groups or D irector, Philadelphia Electric Co. (Fulton individuals interested in exercising this Office o f Administration. Generating Station, Units 1 and 2); opportunity to orally address the |FR Doc. 83-33405 Filed 12-14-83; 8:45 am] Notice of Reconstitution of Board Commission to advise the NRC Office of BILLING CODE 7590-01-M the Secretary of the identity of their Pursuant to the authority contained in representative no later than November 10 CFR 2.721, the Atomic Safety and 9,1983. 48 FR 50432 (Nov. 1,1983). The [Docket No. 50-416 OLA; ASLBP No. 84- organizations listed after the 497-04 LA] Licensing Board for Philadelphia Electric Company (Fulton Generating Department of Energy below responded Mississippi Power & Light Co., et a!.; Station, Units 1 and 2), Docket Nos. 50- to the notice. The Department of Energy Establishment of Atomic Safety and 463-CP and 50-464-CP, is hereby transmitted its General Guidelines to the Licensing Board reconstituted by appointing Commission on November 23,1982. In Administrative Judge B. Paul Cotter, Jr., this order, the Commission sets forth the Pursuant to delegation by the in place of Administrative Judge Hugh procedural format of the public meeting Commission dated December 29,1972, K. Clark. contemplated in its order of August 24, published in the Federal Register, 37 FR As reconstituted, the Board is and describes the decisionmaking 28710 (1972), and § § 2.105, 2.700, 2.702, comprised of the following process it will employ in this matter. 2.714, 2.714a, 2.717 and 2.721 of the Administrative Judges: The Commission will hear the oral presentations beginning at 10:00 a.m. on Commission’s Regulations, all as B. Paul Cotter, Jr, Chairman amended, an Atomic Safety and Mr. Gustave A. Linenberger, Jr. Wednesday, January 11,1984 at the Licensing Board is being established in Dr. Donald P. de Sylva Commission’s meeting room at 1717 H the following proceeding to rule on Street, NW, Washington, DC. The time All correspondence, documents and petitions for leave to intervene and/or allotted to each participant is as follows: other material shall be filed with the requests for hearing and to preside over the proceeding in the event that a Board in accordance with 10 CFR 2.701 (1980). The address of the new Board Minutes hearing is ordered. Department of Energy...... 30 member is: Administrative Judge B. Paul Yakima Indian Nation...... 15 Mississippi Power & Light Co., e t al. Cotter, Jr., Atomic Safety and Licensing State of Texas...... 15 Grand Gulf Nuclear Station, Unit 1 Board, U.S. Nuclear Regulatory State of Wisconsin...... 15 Facility Operating License No. NPF-13 State of Utah...... 15 Commission, Washington, D.C. 20555. State of Nevada...... 15 State of Minnesota...... 15 This Board is being established Dated at Bethesda, Maryland, this 9th day Edison Electric Institute...... 1...... 15 pursuant to a notice published by the of December, 1983. Natural Resources Defense Council, Inc...... 15 Commission on October 26,1983, in the Environmental Policy Institute...... 15 B. Paul Cotter, Jr., National Parks and Conservation Ass’n., e t a l...... 15 Federal Register (48 FR 49608) entitled, Serious Texans Against Nuclear Disposal, Inc...... -4 5 “Notice of Issuance of Amendment to C hief Administrative Judge, Atomic Safety Southwest Research and Information Center...... 15 Facility Operating License and Final and Licensing Board Panel. Determination of No Significant Hazards [FR Doc. 83-33403 Filed 12-14-83; 8:45 am] BILLING CODE 7590-01-M Participants are strongly encouraged Consideration and Opportunity for to consolidate their presentations, and Hearing (Exigent or Emergency will not be penalized in terms of the Circumstances).” This Amendment NRC Concurrence in High-Level Waste time allotted for doing so. Thus, where grants changes to the Technical participants choose to consolidate their Specifications and one-time exceptions Repository Safety Guidelines Under the Nuclear Waste Policy Act of 1982; presentation, their joint spokesperson to some Technical Specifications for will be allowed the entire time allotted relief needed to restart the plant. Pub. L. 97-425; Proposed 10 CFR Part 960 to the consolidated participants The Board is comprised of the individually. In order to simplify following administrative judges: participants’ presentations and expedite Order Herbert Grossman, Chairman, Atomic the comment process, the Commission Safety and Licensing Board Panel, On August 24,1983, the Commission requests, but does not require, that U.S. Nuclear Regulatory Commission, issued a Memorandum and Order participants file written comments on stating that a public meeting would be Washington, D.C. 20555 the Department of Energy General held at which representatives of Guidelines with the Secretary of the Dr. James H. Carpenter, Atomic Safety 'interested Indian tribes, state and local Commission. Any such written and Licensing Board Panel, U.S. governments, federal agencies, industry comments should be in the Nuclear Regulatory Commission, groups, public interest groups, and Commission’s hands no later than 5:00 Washington, D.C. 20555 individuals would have the opportunity p.m., Monday, January 9,1984. Dr. Peter A. Morris, Atomic Safety and to make oral presentations on the The precise order of presentation will Licensing Board Panel, U.S. Nuclear Department of Energy’s (DOE) General be made final at the beginning of the Regulatory Commission, Washington, Guidelines for Recommendation of Sites oral presentations. The participants for Nuclear Waste Repositories, and on D.C. 20555. identified above should notify the NRC the NRC’s concurrence or non­ Office of the Secretary no later than 5:00 Issued at Bethesda, Maryland, this 8th day concurrence in those guidelines. CLI-83- p.m. on Friday, January 6,1984 of their of December, 1983. 26 (1983). The Commission stated that continued intention to participate, the B. Paul Cotter, Jr., the opportunity to participate would be identity of the other participants with ChiefAdministrative Judge, Atomic Safety limited to DOE and to those whom they intend to consolidate their and Licensing Board Panel. organizations, governmental entities, presentations, and the identity of the [FR Doc. 83-33402 Filed 12-14-83; 8:45 am] and individuals who filed comments spokesperson representing the BILUNG CODE 7590-01-14 with DOE on the proposed guidelines. participant. 55790 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices

The Commission’s preliminary review terminated the section 301 investigation witness Tolley 1 on December 16,1983, of the guidelines suggests that the of Korean steel wire rope. at 2:00 p.m. in Room 1P629, Postal parties may wish to focus their On March 16,1983, the Committee of Service Headquarters. The Notice states comments on the following significant Domestic Steel Wire Rope that all parties and Commission issues: Manufacturers (“Petitioner”) filed a advisory staff are invited to participate. • Do the guidelines omit any relevant petition pursuant to section 301 of the The Commission appreciates this technical criteria established in 10 CFR Trade Act of 1974 (19 U.S.C. 2411 et cooperative gesture by the Postal Part 60? seq.). The petition alleged that the Service and members of the advisory • Could any guidelines not related to Republic of Korea provides direct and staff will attend. The participation of 10 CFR Part 60 result in selecting a site indirect subsidies to Korean steel wire advisory staff in the informal technical that would not be a reasonable rope manufacturers in a manner conferences in this docket will aid the candidate for a license application? inconsistent with the Agreement on the Commission in its expeditious • The guidelines and 10 CFR Part 60 Interpretation and Application of consideration of the Postal Service sometimes employ different wording to Articles VI, XVI, and XXIII of the request for changes in postal rates and define terms and to describe certain General Agreement on Tariffs and fees. technical criteria. Could these Trade (“Subsidies Code”). The U.S. By the Commission. differences result in selecting a site that Trade Representative initiated a section Charles L. Clapp, would not be a reasonable candidate for 301 investigation on May 2,1983 (48 FR Secretary. a license application? 20529) based on the petition. Public [FR Doc. 83-33311 Filed 12-14-83; 8:45 am] • Would the selection of sites in hearings were held on June 2,1983. BILLING CODE 7715-01-M accordance with the guidelines be a On November 29,1983, Petitioner reasonable means to identify alternative withdrew the petition. Accordingly, the sites for the purposes of the National U.S. Trade Representative has Environmental Policy Act (NEPA)? POSTAL SERVICE • Are the guidelines sufficient to terminated the investigation pursuant to 15 CFR 2006.06. assure the selection of sites that would Privacy Act of 1974; Systems of Records be reasonable candidates for a license Jeanne S. Archibald, application? Chairman, Section 301 Committee. AGENCY: Postal Service. Following receipt of these oral and (FR Doc. 83-33322 Filed 12-14-83; 8:45 am] ACTION: Advance notice of proposed written comments, the Commission, with BILLING CODE 3190-01-M modification to an existing system of the assistance of the NRC Staff, will records. issue a proposed decision regarding concurrence in the DOE Guidelines. The Amendment of Determination s u m m a r y : The purpose of this document decision will be served on the Regarding Application of Agreement is to provide information for public participants making oral presentations on Government Procurement comment concerning the Postal Service’s and notice of the decision will be proposal to add a new temporary Section 1-104 of Executive Order published in the Federal Register. The routine use to system USPS 050.020, 12260 provides that the United States participants and public will be provided Finance Records—Payroll System. a two-week comment period. Upon the Trade Representative shall determine, DATE: Any interested party may submit close of the comment period, the from time to time, the dollar equivalent written comments regarding the Commission, with the assistance of the of 150,000 Special Drawing Right units. proposed new routine use. Comments on NRC Staff, will review all comments and Now, therefore, I, William E. Brock, this notice must be received on or before transmit its final concurrence or non­ III, United States Trade Representative, January 16,1984. concurrence in the General Guidelines in conformity with the provisions of to DOE. Executive Order 12260, do hereby a d d r e s s : Comments may be mailed to determine, effective January 1,1984, Records Officer, U.S. Postal Service, 475 For the Commission. L’Enfant Plaza West, SW., Washington, Samuel J. Chilk, that, with respect to the Agreement on Government Procurement, the dollar DC 20260-5010, or delivered to Room Secretary of the Commission. equivalent of 150,000 Special Drawing 8121 between 8:15 a.m. and 4:45 p.m. It is so ordered. Right units is $161,000. This Comments received may be inspected in Dated at Washington, D.C., this 12th day of determination may be modified from Room 8121 between 8:15 a.m. and 4:45 December, 1983. time to time as appropriate. p.m. [FR Doc. 83-33404 Filed 12-14-83; 8:45 am] William E. Brock III, FOR FURTHER INFORMATION CONTACT: BILLING CODE 7590-01-M United States Trade Representative. Martha J. Smith (202) 245-5568. [FR Doc. 83-33321 Fiied 12-14-83; 8:45 am] SUPPLEMENTARY INFORMATION: In OFFICE OF THE UNITED STATES BILLING CODE 3190-01-M accordance with Section 5 of the Debt TRADE REPRESENTATIVE Collection Act of 1982, Pub. L No. 97- 365, the Postal Service is assisting the [Docket No. 301*39] Department of Education in its efforts to POSTAL RATE COMMISSION collect over-due debts from current and Steel Wire Rope From the Republic of former postal employees. These debts [Docket No. R84*1] Korea are based upon student loans AGENCY: Office of the United States Postal Rate and Fee Changes, 1983 administered by the Secretary of Trade Representative. Education—such as those extended December 12,1983. ACTION: Termination of investigation. On December 7,1983, the Postal 1 Notice of United States Postal Service of Scheduling of Informal Technical Conference of s u m m a r y : Notice is hereby given that Service filed a Notice scheduling an Witness Tolley, Docket No. R84-1, December 7, the U.S. Trade Representative has informal technical conference with 1983. Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices 55791 through the Federally Insured Student CATEGORIES OF INDIVIDUALS COVERED BY THE 3. Unemployment Compensation Loan, the National Direct (Defense) SYSTEM: Data—To reply to State Unemployment Student Loan, and the Guaranteed Current and former USPS employees Offices at the request of separated USPS Student Loan programs. Under the and postmaster relief/replacement employees. arrangements established by the two employees. 4. Employee Address File—For W -2 agencies, the Postal Service will notify tax mailings and Postal mailing such as CATEGORIES OF RECORDS IN THE SYSTEM: current employees of their indebtedness. Postal Life. Postal Leaders, etc. The Education Department, however, Records contain general payroll 5. Salary payments and allotments to will contact former Postal Service information including retirement financial organizations— To provide employees directly by using, in some deduction, family compensations, pertinent information to organizations cases, home addresses furnished by the benefit deductions, accounts receivable, receiving salary payments or allotments Postal Service. Accordingly, the Postal union dues, leave data, tax withholding, as elected by the employee. allowances, FICA taxes, salary, name, Service is proposing a new temporary 6. FI (SS Tax) Deduction—To SS social security number, payments to routine use for system USPS 050.020, Administration as record of earnings financial organizations, dates of Finance Records—Payroll System, to under the SS act for all casual appointment or status changes, employees not under retirement. disclose these addresses for the limited designation codes, position titles, purpose of enabling the Department of 7. Determine eligibility for coverage occupation code, addresses, records of and payment of benefits under the Civil Education to notify the former attendance, and other relevant payroll employees of their indebtedness to the Service Retirement System, the Federal information. Also includes automated Employees’ Group Life Insurance United States and to take subsequent Form 50 records. action, if necessary, to collect the debts. Program and the Federal Employees Health Benefits Program and transfer If adopted, the temporary routine use AUTHORITY FOR MAINTENANCE OF THE s y s t e m : related records as appropriate. will be in effect for a period of one year 8. Determine the amount of benefit from its effective date. 39 U.S.C. 401,1003, 5 U.S.C. 8339. due under the Civil Service Retirement Proposed System Modification To Add ROUTINE USES OF RECORDS MAINTAINED IN System, the Federal Employees’ Group Temporary Routine Use THE SYSTEM, INCLUDING CATEGORIES OF Life Insurance Program and the Federal USERS AND THE PURPOSES OF SUCH USES: Employees Health Benefits program and The Postal Service proposes to modify Purpose— authorizing payment of that amount and system USPS 050.020, Finance Records— 1. Information within the system is for transfer related records as appropriate. Payroll System by adding the following handling all necessary payroll functions 9. Transfer to Office of Workers temporary routine use: and for use by employee supervisors for Compensation Program, Veterans 28. (Temp.) To provide to the Department the performance of their managerial Administration Pension Benefits of Education, home address information on duties. Program, Social Security Old Age, former postal employees for the purposes of 2. To provide information to USPS Survivor and Disability Insurance and notifying those individuals of their Management and executive personnel Medicare Programs, military retired pay indebtedness to the United States under for use in selection decisions and programs, and Federal Civilian programs administered by the Secretary of evaluation of training effectiveness. employee retirement systems other than Education and for taking subsequent actions These records are examined by the the Civil Service Retirement System, to collect those debts. Selection committee and Regional when requested by that program or Postmasters General. system or by the individual covered by As provided in 5 U.S.C. 552a(e)(ll), 3. To compile various lists and mailing this system of records, for use in interested persons are invited to submit lists, i.e., Postal Leader, Women’s determining an individual’s claim for written data, views, or arguments Programs, Newsletter, etc. benefits under such system. concerning the proposed new routine 4. To support USPS Personnel 10. Transfer earnings information use. After any comments submitted have Programs such as Executive Leadership, under the Civil Service Retirement been considered, final notice of the Non-Bargaining Positions Evaluations of System to the Internal Revenue Service routine use will be published. Probationary Employees, Merit as requested by the Internal Revenue A complete statement of the system as Evaluation, Membership and Code of 1954, as amended. it is proposed to be revised appears Identification Listings, Emergency 11. Transfer information necessary to below: Locator Listings, Mailing Lists, Women’s support a claim for life insurance Programs, and to generate retirement benefits under the Federal Employees’ USPS 050.020 eligibility information and analysis of Group Life Insurance, 4 East 24th Street, employees in various salary ranges. New York, NY 10010. SYSTEM n a m e : Use— 12. Transfer information necessary to Finance Records—Payroll System, 1. Retirement Deduction—To transmit support a claim for health insurance 050.020. to the Office of Personnel Management benefits under the Federal Employees’ a roster of all USPS employees under Health Benefits Program to a health SYSTEM l o c a t i o n : Title 5 U.S.C., Section 8334, along with a insurance carrier or plan participating in Payroll system records are located check. the program. and maintained in all Departments, 2. Tax Information—To disclose to 13. To refer, where there is an facilities and certain contractor sites of Federal, State and local government indication of a violation or potential the Postal Service. However, Postal agencies having taxing authority, violation of law, whether civil criminal Data Centers are the main locations for pertinent records, relating to individual or regulatory in nature to the payroll information. Also, certain employees, including name, home appropriate agency whether Federal, information from these records may be address, social security number, wages State, or local, charged with the and taxes withheld for other stored at emergency records centers. responsibility of investigating or jurisdiction. prosecuting such violation or charged 55792 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices with enforcing or implementing the not for the purpose of making retrievabiuty : statute, or rule, regulation or order determinations about specific These records are organized by issued pursuant thereto. individuals but are used only as a location, name and social security 14. To request or provide information means of ensuring the integrity of the number. from or to a Federal, state, or local active employee/annuitant data systems agency maintaining civil, criminal, or and for analyzing and statistically SAFEGUARDS: other relevant enforcement or other projecting Federal retirement and Records are contained in locked filing pertinant information, such as licenses, insurance system costs. The same data cabinets; are also protected by computer if necessary to obtain information submission will be used to produce passwords and tape library physical relevant to an agency decision summary statistics for reports of Federal security. concerning the hiring or retention of an employment. RETENTION AND DISPOSAL: employee, the issuance of a security 23. Information contained in this clearance, the letting of a contract or the system of records may be disclosed to Records are retained and updated issuance of a license, grant, or other an authorized investigator appointed by throughout employment with the Postal benefits. the Equal Employment Opportunity Service. Upon separation records 15. As a data source for management Commission, upon his request, when become historical data, this data is information for production of summary that investigator is properly engaged in retained at the local site for two years descriptive statistics and analytical the investigation of a formal complaint then forwarded to the Federal Records studies in support of the function for of discrimination filed against the U.S. Center nearest the pay location. which the records are collected and Postal Service under 29 CFR Part 1613, maintained, or for related personnel SYSTEM MANAGER(S) AND ADDRESS: and the contents of the requested record management functions or manpower are needed by the investigator in the APMG, Finance Department and studies; may also be utilized to respond performance of his duty to investigate a APMG, Employee Relations Department to general requests for statistical discrimination issue involved in the at Headquarters. information (without personal complaint. identification of individuals) under the NOTIFICATION PROCEDURE: Freedom of Information Act or to locate 24. Records in this system are subject Request for information on this specific individuals for personnel to review by an independent certified system of records should be made to the research or other personnel public accountant during an official head of the facility where employed, management functions. audit of Postal Service finances. giving full name and social security 16. May be disclosed to the Office of 25. May be disclosed to a Federal or number. Headquarters employees Management and Budget in connection State agency providing parent locator should submit requests to the System with the review of private relief services or to other authorized persons Manager. legislation as set forth in OMB Circular as defined by Pub. L 93-647. No. A-19 at any stage of the legislative 26. (Temp.) Disclosure of information RECORD ACCESS PROCEDURES: coordination and clearance process as about postal employees on the See Notification above. set forth in that Circular. employment rolls of the Philadelphia, 17. Certain information pertaining to Pennsylvania, School District (PSD) may CONTESTING RECORD PROCEDURES: Postal Supervisors may be transferred to be made to the PSD for a one-time See Notification above. the National Association of Postal comparison with the PSD’s time/ RECORD SOURCE CATEGORIES: Supervisors. attendanace/payment files. (Note: this 18. Disclosure may be made to a routine use will be in effect for a period Information is furnished by congressional office from the record of of one year from its effective date.) employees, supervisors and the Postal an individual in response to an inquiry 27. To union-sponsored insurance Source Data System. from the congressional office made at carriers for the purpose of determining W. Allen Sanders, the request of that individual. eligibility for coverage and payments of A ssociate General Counsel, Office o f General 19. Disclosure may be made from the benefits under union-sponsored, Law and Administration. record of an individual, where pertinent, nonfederal insurance plans and [FR Doc. 83-33191 Filed 12-14-83; 8:45 am] in any legal proceeding to which the transferring related records as BILLING CODE 7710-12-M Postal Service is a party before a court appropriate. or administrative body. 20. Pursuant to the National Labor 28. (Temp.) To provide to the SMALL BUSINESS ADMINISTRATION Relations Act, records from this system Department of Education, home address may be furnished to a labor organization information on former postal employees [Application No. 03/03-0169] upon its request when needed by that for the purposes of notifying those individuals of their indebtedness to the organization to perform properly its First Maryland Capital, Inc., Application duties as the collective bargaining United States under programs administered by the Secretary of for a License as a Small Business representative of postal employees in an Investment Company appropriate bargaining unit. Education and for taking subsequent 21. Inactive records may be actions to collect those debts. Notice is hereby given of the filing of transferred to a GSA Federal Records (Proposed) an application with the Small Business Center prior to destruction. POLICIES AND PRACTICES FOR STORING, Administration (SBA) pursuant to 22. To provide to the Office of RETRIEVING, ACCESSING, RETAINING, AND Section 1C7.102 of the SBA Regulations Personnel Management (OPM) DISPOSING OF RECORDS IN THE SYSTEM: (13 CFR 107.102 (1983)) by First approximately 19 data elements Maryland Capital, Inc., 107 West (including SSAN, DOB, service s t o r a g e : Jefferson Street, Rockville, Maryland computation date; retirement system, Preprinted forms, magnetic tape, 20850 for a license to operate as a small and FEGLI status) for use by OPM’s microforms, punched cards, computer business investment company (SBIC) Compensation Group Data collected are reports and card forms. under the provisions of the Small Federal Register / Voi. 48, No. 242 / Thursday, December 15, 1983 / Notices 55793

Business Investment Act of 1958 (the Authority No. 21 (48 FR 51560), to the losses incurred due to physical disasters Act), as amended (15 U.S.C. 661 et seq.}. Comptroller, the following authority is declared by the Secretary of Agriculture The proposed officers, directors and hereby redelegated to the specific and communicated to SBA prior to shareholders are: positions as indicated herein: November 28,1983. Subsequent physical A. Financial Management disaster declarations for agricultural Percent enterprises will be published in the Name and address of Title and relationship owner­ 1. Director, Office of Accounting ship Federal Register as issued. Operations. To assign, endorse, transfer, Pursuant to Pub. L. 98-166, the deliver or release (but in all cases Joseph A. Kenary, President, Treasurer, 16.7 Counties of the States listed below 8511 Longfellow and Director. without representation, recourse, or constitute a physical disaster loan area Place, Chevy Chase, warranty) promissory notes, bonds, MD 20854. for eligible agricultural enterprises only. Mary L. Kenary, 8511 Vice President and debentures and other obligating Longfellow Place, Director. instruments on all loans or investments Interest rates for eligible agricultural Chevy Chase, MD enterprises are listed below with each 20854. made or serviced by SBA when paid in Mary A. Roby, 18517 Secretary and Director.... full or when transferred to the disaster area. Eligible agricultural Kilt Terrace, Olney, enterprises may file applications for MD 20832. Department of Justice for liquidation. 2. Chief Accounting Branch. Same as loans for physical damage until the close paragraph A.l above. of business 60 days after publication of The sale of common stock will be 3. Chief, Fiscal Branch. Same as this notice in the Federal Register at: made to no more than 35 beneficial paragraph A.l above. U.S. Small Business Administration, owners at completion of the initial II. The specific authorities delegated Area 2 Disaster Office, 75 Spring Street' financing. Except for Joseph A. Kenary, herein may not be redelegated. S.W., Suite 822, Atlanta, Georgia, 30303, other owners in excess of 10 percent are III. All authority delegated herein may (404) 221-5822. presently not known. be exercised by any SBA employee or other locally announced locations. The Applicant will begin operations designated as acting in that position. with a capitalization of $595.600 and will Effective Date: December 15,1983. (Catalog of Federal Domestic Assistance Program No. 59008) be a source of equity capital and long Dated: December 12,1983. term loan funds for qualified small Harry S. Carver, State of Alabama business concerns whose needs might Comptroller. not be met by traditional funding SB A D isa ster N o 3001 [FR Doc. 83-33385 Filed 12-14-83; 8:45 am] sources. BILLING CODE 802S-01-M Incident: Drought and high Matters involved in SBA's temperatures beginning May 1,1983 and consideration of the application include continuing through September 31,1983. the general business reputation and Declaration of Disaster Loan Areas character of the proposed owners and ‘ Freezing weather from April 17 through management, and the profitability and Pursuant to Pub. L. 98-166, in 25,1983 and high temperatures and financial soundness, in accordance with connection with disasters commencing drought beginning May 1,1983 and the Act and Regulations. January 1,1983, through September 30, continuing until September 31,1983. Notice is further given that any person 1983, a determination of a natural may, not later than 15 days from the disaster by the Secretary of Agriculture SBA interest rate pursuant to 7 U.S.C. 1961 is deemed a date of publication of this Notice, submit FmHA No. Credit Credit not disaster declaration by the available available written comments on the proposed SBIC elsewhere elsewhere to the Deputy Associate administrator Administrator of the Small Business (percent) (percent) for Investment, Small Business Administration for purposes of Administration, 1441 L Street, NW„ determining eligibility for assistance SO-99 (101/21/83)...... 10.5 8.0 Washington, D.C. 20416. under section 7(b)(1) of the Small A copy of this Notice will be Business Act for agricultural enterprises. published in a newspaper of general With regard to duplication of benefits Counties for disasters commencing January 1, circulation in Rockville, Maryland. Autauga, Bibb, Bullock, Calhoun, 1983 through September 30,1983, section (Catalog of Federal Domestic Assistance 18(a) of the Small Business Act is Chambers, Cherokee, Chilton, Choctaw, Program No. 59.011, Small Business Clay, Cleburne, Colbert, Coosa, Investment Companies) applicable. As provided in Pub. L. 96- 302, only argicultural enterprises which Cullman, Dallas, Elmore, Etowah, Dated: October 20,1983. are ineligible for disaster assistance Fayette, Franklin, Greene, Lamar, Robert G. Lineberry, from the Farmers Home Administration Lauderdale, Lawrence, Limestone, Deputy associate administrator for are eligible for disaster assistance at Lowndes, Macon, Madison, Marengo, Investment. SBA under Pub. L. 98-166. This limited Marion, Marshall, Monroe, Morgan, [FR Doc. 83-33384 Filed 12-14-83; 8:45 ami group includes applicants ineligible for Pickens, Randolph, Russel, Shelby, St. BILLING CODE 8025-01-M FmHA disaster assistance because of Clair, Sumter, Talladega, Tallapoosa, alien status; corporations, partnerships Tuscaloosa, Walker, Winston, ‘Dekalb, [Delegation of Authority No. 21-A] and cooperatives not being primarily ‘Geneva, ‘Jackson. engaged in farming: farm owners who do State of Florida Redeiegation of Financial Management not operate their farms, etc. Authority Accordingly, this notice is for the SBA Disaster No. 3003 . purpose of providing opportunity for I. Pursuant to the authority delegated appropriate agricultural enterprises to Incident: Excessive rainfall January by the Administrator in Delegation of apply for physical disaster loans for through March, 1983. 55794 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices

SBA interest rate Counties Moultrie, Peoria, Piatt, Pope, Pulaski, FmHA No. Credit Credit not Putnam, Randolph, Richland, Rock available available Blount, Cherokee, Cullman, De Kalb, elsewhere elsewhere Jackson, Lauderdale, Lawrence, Island, St. Clair, Saline, Sangamon, (percent) (percent) Limestone, Madison, Marshall, Morgan. Schuyler, Shelby, Stark, Stephenson, Tazewell, Union, Vermillion, Wabash, SO-84 (9/7/83)...... 11.0 8.0 State of Georgia Warren, White, Williamson, SBA Disaster No. 3006 Winnebago, Woodford. Additional Counties included by Counties Incident: Severe and extreme frost Amendment No. 2: Boone, Carroll, De and freezing temperatures during the Broward and Palm Beach. Kalb, Jo Daviess, Kane, Kendall, Lake, period April 18 through April 20,1983; McHenry, Ogle, Whiteside, Will. State of Georgia high winds and hail occurring April 23, 1983. State of Indiana SBA D isa ster No. 3004 SBA Disaster No. 3008 In cid en t Drought and high SBA interest rate temperatures beginning on May 1,1983 FmHA No. Credit Credit not Incident: Severe drought occurring available available and continuing. ‘ Extreme frosts and eslewhere elsewhere from June 1,1983 and continuing. freezing temperatures occurring April (percent) (percent) 16-22,1983 and severe drought and high SO-79 (7/12/83)...... 10.5 8.0 SBA interest rate temperatures beginning on May 1,1983 FmHA No. Credit Credit not and continuing. available available elsewhere elsewhere Banks, Burke, Butts, Candler, Carroll, (percent) (percent) Catoosa, Clarke, Cobb, Dawson, Evans, SBA interest rate Fannin, Forsyth, Franklin, Gilmer, SO-83 (9/7/83)...... 10.5 8.0 FmHA No. Credit Credit not available available Gordon, Gwinnett, Habersham, Hall, elsewhere elsewhere Hancock, Harris, Hart, Henry, Jackson, (percent) (percent) Jefferson, Lumpkin, Madison, McDuffie, Counties: SO-92 (10/6/83)...... 10.5 8.0 Meriwether, Morgan, Newton, Oconee, Oglethorpe, Pickins, Pike, Polk, Pulaski, Bartholomew, Benton, Blackford, Rabun, Richmond, Rockdale, Screven, Brown, Carroll, Clark, Clay, Clinton, Crawford, Daviess, Dearborn, Decatur, Counties Spalding, Stephens, Talbot, Tattnall, Union, Upson, Walton, Washington, Delaware, Dubois, Fayette, Floyd, Baldwin, Banks, Barrow, Bibb, Wilkes. Fountain, Gibson, Grant, Greene, Calhoun, Carroll, Catoosa, Chattooga, Additional Counties included by Harrison, Hendricks, Henry, Jackson, Clarke, Clayton, Cobb, Coffee, Coweta, Amendment No. 1: Bleckley, Jones, Jasper, Jefferson, Jennings, Johnson, Crisp, Dade, Dawson, De Kalb, Douglas, Macon, Peach, Lagrange, Lawrence, Martin, Monroe, Morgan, Newton, Ohio, Orange, Owen, Evans, Floyd, Franklin, Fulton, Gordon, State of Illinois Greene, Gwinnett, Habersham, Hall, Parke, Perry, Pike, Posey, Ripley, Rush, Hancock, Harris, Hart, Heard, Henry, SBA Disaster No. 3007 St. Joseph, Scott, Shelby, Spencer, Sullivan, Switzerland, Tippecanoe, Houston, Jackson, Jasper, Lee, Lincoln, Incident: Drought and high Lumpkin, McDuffie, Madison, Vanderburgh, Vigo, Warren, temperatures beginning June 1,1983 and Washington, Wayne, White, Whitley. Meriwether, Mitchell, Monroe, Newton, continuing through October 10,1983. Oconee, Oglethorpe, Paulding, Pike, Additional Counties included by Polk, Pulaski, Putnam, Richmond, SBA interest rate Amendment No. 1: Adams, Allen, Boone, Rockdale, Schley, Screven, Spalding, Cass, De Kalb, Elkhart, Franklin, Fulton, FmHA No. Credit Credit not available available Hamilton, Hancock, Howard, Stephens, Stewart, Talbot, Tattnall, eslewhere elsewhere Taylor, Telfair, Tift, Troup, Twiggs, (percent) (percent) Huntington, Jay, Knox, Kosciusko, Lake, Walton, Warren, Webster, Wheeler, La Porte, Madison, Marion, Marshall, SO-86 (7/12/83)...... White, Wilcox, Wilkes, ‘Bryan, 10.5 8.0 Miami, Montgomery, Noble, Porter, ‘ Columbia, ‘ Dooly, ‘ Elbert, ‘ Emanuel, Pulaski, Putnam, Randolph, Starke, Steuben, Tipton, Union, Vermillion, ‘ Fayette, ‘ Haralson ‘ Jenkins, ‘ Larmar, Adams, Bond, Clay, Clinton, Wabash, Warrick, Wells. ‘ Long, ‘ Wilkinson. Effingham, Fayette, Ford, Franklin, Gallatin, Hancock, Henry, Iroquois, State of Kentucky State of Alabama Johnson, Macon, Perry, Pike, Scott, SBA Disaster No. 3012 SB A D isaster N o. 3005 Washington. Additional Counties included by Incident: Excessive rainfall and Incident: Heavy frost and freeze Amendment No. 1: Alexander, Brown, flooding during the planting season occurring April 17 thru April 23,1983. Bureau, Calhoun, Cass, Champaign, followed by drought and high Potato losses are not eligible in DeKalb Christian, Clark, Coles, Cook, Crawford, temperatures beginning May 1,1983 and and Jackson Counties. Cumberland, DeWitt, Douglas, Du Page, continuing. Edgar, Edwards, Fulton, Greene, SBA interest rate Grundy, Hamilton, Hardin, Henderson, Jackson, Jasper, Jefferson, Jersey, SBA interest rate Credit Credit not Credit Credit not available available Kankakee, Knox, LaSalle, Lawrence, FmHA No. available elsewhere elsewhere available Lee, Livingston, Logan, McDonough, elsewhere elsewhere (percent) (percent) (percent) McLean, Macoupin, Madison, Marion, (percent) S0-78 (6/28/83)...... 10.5 8.0 Marshall, Mason, Massac, Menard, SO-93 (10/7/83)...... 10.5 8.0 Mercer, Monroe, Montgomery, Morgan, Federal Register / Voi 48, No. 242 / Thursday, December 15, 1983 / Notices 55795

Counties SBA interest rate Currituck, Davidson, Davie, Durham, Adair, Bath, Bracken, Calloway, FmHA No Credit Credit not Edgecombe, Forsyth, Franklin, Gaston, available available Christian, Cumberland, Fayette, elsewhere elsewhere Gates, Granville, Greene, Guilford, Garrard, Hancock, Henderson, Jefferson, (percent) (percent) Halifax, Harnett, Hertford, Hoke, Iredell, Jones, Lee, Lenoir, Mecklenburg, Moore, Laurel, Lincoln, McCreary, Mason, SO-101 (11/1/83)...... 10.5 8.0 Monroe, Nicholas, Perry, Rowan, Northampton, Orange, Pasquotank, Spencer, Union, Wolfe, Allen, Boone, Perquimans, Person, Randolph, Breckinridge, Campbell, Clark, Daviess, Counties Richmond, Rockingham, Rowan, Fleming, Grant, Hardin, Henry, Rutherford, Stanly, Surry, Union, Vance, Alcorn, Benton, Bolivar, Carroll, Jessamine, Lawrence, Livingston, Warren, Washington, Wilkes, Yadkin. Chickasaw, Choctaw, Clay Coahoma, McLean, Meade Montgomery, Ohio, Additional Counties included by Copiah, DeSoto, Holmes, Humphreys, Powell, Russell, Taylor, Warren, Amendment No. 1: Clay, Columbus, Issaquena, Itawamba, Kemper, Woodford, Anderson, Bourbon, Bullitt, Duplin, Graham, Haywood, Henderson, Lafayette, Leflore, Lowndes, Marshall, Carlisle, Clay, Edmonson, Franklin, Jackson, Johnston, Lincoln, McDowell, Monroe, Montgomery, Neshoba, Graves, Harlan, Hickman, Kenton, Lee, Macon, Madison, Martin, Mitchell, Newton, Noxubee, Oktibbeha, Prentiss, Montgomery, New Hanover, Onslow, Logan, Madison, Menifee, Morgan, Quitman, Scott, Sharkey, Sunflower, Oldham, Pulaski, Scott, Todd, Pender, Polk, Scotland, Swain, Tallahatchie, Tate, Tippah, Tishomingo, Transylvania, Wayne, Wilson, Yancey. Washington, Ballard, Boyd, Butler, Warren, Washington, Webster, Carroll, Clinton, Elliott, Fulton, Grayson, Winston, Yazoo, ‘Adams, ‘Attala, State of Ohio Harrison, Hopkins, Knott, Leslie, Lyon, ‘ Calhoun, ‘ , ‘ Lee, ‘Panola, SBA Disaster No. 3019 Marion, Mercer, Muhlenberg, Owen, ‘ Pontotoc, ‘ Union, ‘ Yalobusha. Robertson, Shelby, Trigg, Wayne, Incident: Drought and high Barren, Boyle, Caldwell, Casey, State of North Carolina temperatures beginning on June 1,1983 Crittenden, Estill, Gallatin, Green, Hart, SBA Disaster No. 3017 and continuing. Jackson, Larue, Lewis, McCracken, Incident: Freezing temperatures and Marshall, Metcalfe, Nelson, Pendleton, SBA interest rate Rockcastle, Simpson, Trimble, Whitley. extreme frost occurring March 24 and 25, 1983 and April 16 thru 21,1983. Limited FmHA No. Credit Credit not Additional Counties included by available available to fruit and berry farmers only. elsewhere elsewhere Amendment #1: Bell, Breathitt, Carter, ‘ Freezing temperatures occurring April (percent) (percent) Greenup, Knox, Mcgoffin,. Owsley, 11 and 12,1983 and April 17 through 22, Webster. SO-89 (9/30/83)...... t...... 10.5 8.0 1983. State of Maryland SBA interest rate * SBA-Disaster N o. 3013 Counties FmHA No. Credit Credit not available available Adams, Allen, Athens, Auglaize, \ Incident: Drought and high elsewhere elsewhere temperatures beginning June 1,1983 and (percent) (percent) Butler, Clark, Champaign, Darke, continuing. Delaware, Franklin, Hamilton, Hardin, SO-80 (8/3/83...... 10.5 8.0 Hihgland, Hocking, Logan Madison, Meigs, Mercer, Miami, Pickaway, Pike, SBA interest rate Preble, Ross, Scioto, Shelby, Union, Counties FmHA No. Credit Credit not Vinton, Warren, Washington. available available elsewhere elsewhere Bladen, Johnston, Lincoln, McDowell, Additional Counties included by (percent) (percent) Montgomery, Polk, Richmond, Amendment No. 1: Ashtabula, Belmont, SO-91 (10/6/83)...... 10.5 8.0 Rutherford Brown, Clermont, Gallia, Jackson, Lake, Additional Counties added by Marion, Monroe, Montgomery, Morgan, Amendment No. 1: ‘ Anson, ‘ Cleveland, Morrow. Counties ‘ Cumberland, ‘ Yadkin. Additional Counties included by State of North Carolina Amendment No. 2: Columbiana, Geauga. Allagany, Calvert, Carroll, Charles, Dorchester, Frederick, Hartford, Kent, SBA Disaster No. 3018 State of Pennsylvania Montgomery, Queen Annes, St. Marys, Incident: Extended drought and high SB A D isa ster N o. 3021 Talbot, Washington. temperature beginning March 1,1983 Incident: Drought beginning on July 1, Additional Counties included by and continuing. Amendment No. 1: Anne Arundel, 1983, and continuing. Baltimore, Caroline, Cecil, Garrett, SBA interest rate Howard, Prince Georges, Somerset, SBA interest rate FmHA No. Credit Credit not available available Credit Credit not Wicomico, Worchester. elsewhere elsewhere FmHA No. (percent) available available (percent) elsewhere elsewhere State of Mississippi (percent) (percent) SO-87 (9/23/83...... SB A D isaster N o. 3014 10.5 8.0 SO-94 (10/11/83)...... 10.5 6.0 Incident: Drought and high temperatures beginning July 1,1983 and Counties Counties continuing. ‘ Severe storms and flooding Alamance, Alleghany, Anson, Ashe, in April and May 1983 and drought and Bertie, Bladen, Buncombe, Burke, Adams, Bedford, Berks, Blair, Chester, high temperatures beginning July 1,1983, Cabarrus, Caldwell, Caswell, Catawba, Cumberland, Dauphin, Delaware, and continuing. Chatham, Chowan, Cleveland, Franklin, Fulton, Huntingdon, Juniata, 55796 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices

Lancaster, Lebanon, Montgomery, State of Tennessee ‘ Rappahanqock, ‘ Surry, ‘ Sussex, ‘ City Somerset, York. SB A Disaster No. 3024 of Suffolk (Former County of Additional Counties included by Nansemond). Amendment No. 1: Bucks, Cambria. Incident: Drought and high Additional County included by A temperature occurring May 1,1983, and State of West Virginia Amendment No. 2: Perry. continuing. SB A Disaster No. 3027

State of South Carolina SBA interest rate Incident: Drought beginning on June 1, 1983, and continuing through August 31, SB A Disaster No. 3022 FmHA No. Credit Credit not available available 1983. elsewhere elsewhere Incident: Drought and high (percent) (percent) temperatures beginning May 1,1983 and S B A interest rate continuing. ‘ Drought and high SO-95 (10/11/83)...... „...... 10.5 8.0 Credit Credit not Fm HA No. temperatures beginning May 1,1983 and available available elsewhere elsewhere continuing through November 1,1983. (percent) (percent) Counties <50-104 (11/10/83) SBA interest rate Anderson, Bedford, Benton, Bledsoe, 10.5 8.0 Blount, Bradley, Cannon, Carroll, FmHA No. Credit Credit not available available elsewhere elsewhere Cheatham, Chester, Claiborne, Clay, Berkeley, Grant, Hampshire, Hardy, (percent) (percent) Crockett, Davidson, Decatur, DeKalb, Jefferson, Mineral, Morgan, Pendleton. Dickson, Dyer, Fayette, Fentress, SO-100 (10/24/83)...... 10.5 8.0 Gibson, Giles, Grainger, Grundy, State of Minnesota Hamilton, Hancock, Hardeman, Hardin, SB A Disaster No. 3029 Haywood, Henderson, Henry, Hickman, Counties Houston, Humphreys, Jackson, Jefferson, Incident: Excessive rain, hail and high winds on August 15,1983 in Wabasha Abbeville, Aiken, Allendale, Lake, Lauderdale, Lawrence, Lewis, County; excessive rains and heat during Anderson, Bamberg, Barnwell, Berkeley, Lincoln, Loudon, McNairy, Macon, the summer months of 1983 and wind Calhoun, Cherokee, Chester, Madison, Marion, Marshall, Maury, damage on August 25,1983 in Chesterfield, Clarendon, Edgefield, Meigs, Monroe, Montgomery, Morgan, Pennington and Red Lake Counties Fairfield, Greenville, Greenwood, Obion, Overton, Perry, Pickett, Putnam, which delayed planting and harvesting Jasper, Kershaw, Lancaster, Laurens, Rhea, Roane, Robertson, Rutherford, of most crops.* Lee, Lexington, McCormick, Marlboro, Scott, Sequatchie, Shelby, Smith, Newberry, Oconee, Orangeburg, Stewart, Sullivan, Sumner, Tipton, Pickens, Richland, Saluda, Spartanburg, Trousdale, Union, Warren, Wayrte, SBA interest rate Sumter, Union, York. Weakley, White, Williamson, Wilson. Credit Credit not FmHA No. available available Additional Counties included by Additional Counties included by elsewhere elsewhere Amendment No. 1: ‘ Colleton, Amendment No. 1: Hawkins, Johnson, (percent) (percent) Knox, McMinn, Moore, Sevier, Van ‘ Darlington^ ‘ Dillion, ‘ Florence, SO-105 (11/18/83)...... 11.0 . 8.0 ‘ Georgetown, ‘ Horry, ‘ Marion, Buren. ‘ Williamsburg. State of Virginia State of South Carolina SB A Disaster No. 3026 Counties S B A D isa ster N o. 3023 Incident: Drought beginning May 1, Pennington, Red Lake, Wabasha. Incident: Unusually low temperature 1983. ‘ Drought beginning May 1,1983, Dated: December 8,1983. (freeze) during April 16 thru 21,1983 (for and continuing through October 10,1983. James C. Sanders, eligible fruit and nut farmers only). ‘ For Administrator. SBA interest rate eligible vegetable farmers only. [FR Doc. 83-33383 Filed 12-14-83; 8:45 am] FmHA No. Credit Credit not BILLING CODE 8025-01-M available available elsewhere elsewhere SBA interest rate (percent) (percent) FmHA No. Credit Credit not Declaration of Disaster Loan Areas available available SO-901 (9/30/83)...... 10.5 8.0 elsewhere elsewhere (percent) (percent) Pursuant to Pub. L. 98-166, in connection with disasters commencing SO -76 (5/26/83)...... 10.5 8.0 Counties January 1,1983, through September 30, Accomack, Dinwiddie, Fauquier, 1983, a determination of a natural disaster by the Secretary of Agriculture Counties Lancaster, Northumberland, Nottoway, Westmoreland, Amelia, Amherst, pursuant to 7 U.S.C. 1961 is deemed a Allendale, Anderson, Barnwell, Bedford, Campbell, Caroline, Essex, disaster declaration by the Calhoun, Chesterfield, Edgefield, Goochland, Greene, King William, Administrator of the Small Business Greenville, Lancaster, Laurens, Prince Edward, Prince George, Administration for purposes of Lexington, Marlboro, Oconee, Richmond, Southhampton. determining eligibility for assistance Orangeburg. Additional Counties included by under section 7(b)(1) of the Small Additional Counties included by Amendment No. 1: ‘ Brunswick, ‘ Charles Business Act for agricultural enterprises. Amendment No. 1: Pickens, Saluda, City, ‘ Isle of Wight, ‘Northhampton, With regard to duplication of benefits Spartanburg, Sumter, York. ‘ Pittsylvania, ‘ Albermarle, ‘ Charlotte, for disasters commencing January 1, Additional Counties included by ‘ Culpeper, ‘ Cumberland, ‘ King George, 1983 through September 30,1983, section Amendment No. 2: Aiken, Cherokee, ‘ King and Queen, ‘ Louisa, ‘ Lunenburg, 18(a) of the Small Business Act is ‘ Charleston. ‘ Middlesex, ‘ Powhatan, applicable. As provided in Pub. L 96- Federal Register / Vol 48, No. 242 / Thursday, December 15, 1983 / Notices 55797

302, only agricultural enterprises which Fulton, Garland, Grant, Greene, Izard, Miami, Montgomery, Nemaha, Neosho, are ineligible for disaster assistance Jackson, Jefferson, * Lee, Lincoln, Little Osage, Pottawatomie, Riley, Shawnee, from the Farmers Home Administration River, Lonoke, * Mississippi, Monroe, Wabaunsee, Woodson, Wyandotte. are eligible for disaster assistance at Montgomery, Ouachita, Phillips, Pike, SBA under Pub. L. 98-166. This limited Polk, Pope, Randolph, Saline, Scott, State of Kansas group includes applicants ineligible for Sebastian, Sevier, Sharp, Stone, Van FmHA disaster assistance because of Buren, Washington, White, Woodruff. SB A D isa ster No. 3011 alien status; corporations, partnerships Additional Counties included by and cooperatives not being primarily Incident: Severe storm and a tornado Amendment No. 1: Benton, Clay, Cross, engaged in farming; farm owners who do on May 27,1983, and a hailstorm on June not operate their farms, etc. Johnson, Logan, Nevada, Newton, * St. 18,1983. Accordingly, this notice is for the Francis, Yell. purpose of providing opportunity for State of Iowa SBA interest rate appropriate agricultural enterprises to FmHA No. Credit Credit not SBA Disaster No. 3009 available available apply for physical disaster loans for elsewhere elsewhere losses incurred due to physical disasters Incident: Drought and high (percent) (percent) declared by the Secretary of Agriculture temperatures and insect infestations SO-102 (11/8/83)...... 10.5 8.0 and communicated to SBA prior to from June 1,1983 and continuing. November 28,1983. Subsequent physical disaster declarations for agricultural enterprises will be published in the SBA interest rate Counties Federal Register as issued. FmHA No. Credit Credit not available available Coffey. Pursuant to Pub. L. 98-166, the elsewhere elsewhere Counties of the States listed below (percent) (percent) State of Nebraska constitute a physical disaster loan area SO-85 (9/9/83)...... 10.5 8.0 SBA Disaster No. 3015 for eligible agricultural enterprises only. Interest rates for eligible agricultural Incident: Flooding, drought and high enterprises are listed below with each Counties temperatures occurring June 1,1983 and disaster area. Eligible agricultural continuing. ‘ Drought and high enterprises may file applications for Adair, Appanoose, Clarke, Davis, temperatures beginning June 1,1983 and loans for physical damage until the close Decatur, Des Moines, Henry, Jefferson, continuing. of business 60 days after publication of Keokuk, Lee, Louisa, Lucas, Monroe, this notice in the Federal Register at: Ringgold','Taylor, Union, Van Buren, SBA Interest rate U.S. Small Business Administration, Wapello, Warren, Washington, Wayne. Area 3 Disaster Office, 2306 Oak Lane, Credit not Additional Counties included by FmHA No. available Suite 110, Grand Prairie, Texas 75051 Credit elsewhere Amendment No. 1: Adams Benton, Cass, available (percent) (800) 527-7735 and in Texas (800) 442- Dallas, Iowa, Jasper, Johnson Madison, elsewhere 7206. (percent) Marion, Mahaska, Muscatine, or other locally announced locations. Pottawattamie, Poweshiek. SO-96 (10/13/83)...... 10.5 8.0 (Catalog of Federal Domestic Assistance Additional Counties included by Program No. 59008) Amendment No. 2: Clinton, Jackson, Counties State of Arkansas Jones, Linn, Page, Polk, Scott. Cass, Johnson, Nemaha, Otoe, SBA Disaster No. 3002 State of Kansas Pawnee, Richardson. Incident: Drought beginning on May 1, SBA Disaster No. 3010 Additional Counties included by 1983, and continuing through October 10, Amendment No. 1: ‘ Gage, ‘ Jefferson, 1983. ‘ Excessive rainfall, flooding and Incident: Drought beginning on June ‘ Lancaster, ‘ Nuckolls, ‘ Saline, ‘Thayer. unusually cool weather beginning 3/14/ 15.1983, and continuing through October 83 and followed by drought beginning on 1.1983. State of New Mexico May 1,1983 and continuing through SBA Disaster No. 3016 October 10,1983. SBA interest rate Incident: Drought beginning on June 1, FmHA No. Credit Credit not SBA interest rate available available 1983, and continuing. elsewhere elsewhere FmHA No. Credit Credit not (percent) (percent) available available elsewhere elsewhere SBA interest rate (percent) (percent) SO-103 (11/10/83)...... 10.5 8.0 FmHA No. Credit Credit not available available SO-97 (10/14/83)...... 10.5 8.0 elsewhere elsewhere (percent) (percent) Counties SO-98 (10/20/83)...... 10.5 8.0 Counties Allen, Anderson, Atchison, Bourbon, Brown, Chase, Chautaugua, Cherokee, Arkansas, Ashley, Baxter, Boone, Counties Bradley, Calhoun, Carroll, Chicott, Clay, Coffey, Doniphan, Douglas, Elk, Cleburne, Cleveland, Columbia, Franklin, Geary, Greenwood, Jackson, Chaves, Curry, De Baca, Harding, Conway, ‘ Craighead, Crawford, Jefferson, Johnson, Labette, Lincoln, Lea, Luna, Otero, Quay, Crittenden, Dallas, Desha, Faulkner, Leavenworth, Linn, Lyon, Marshall, Roosevelt, Torrance, Union. 55798 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices

State of Texas Johnson, Knox, Laclede, Lafayette, November 28,1983. Subsequent physical SB A Disaster No. 3025 Lawrence, Lewis, Lincoln, Linn, disaster declarations for agricultural Livingston, McDonald, Macon, Madison, enterprises will be published in the FmHA Disaster No. SO-82 (8/16/83) Marion, Mercer, Miller, Mississippi, Federal Register as issued. Moniteau, Monroe, Montgomery Pursuant to Pub. L. 98-166, the Incident Morgan, New Madrid, Newton, Counties of the States listed below Credit Credit not Nodaway, Oregon, Pemiscsot, Perry, constitute a physical disaster loan area Interest rates available available elsewhere elsewhere Pettis, Phelps, Pike, Platte, Polk, Pulaski, for eligible agricultural enterprises only. (percent) (percent) Putnam, Ralls, Randolph, Ray, Reynolds, Interest rates for eligible agricultural Ripley, St. Charles, St. Clair, St. enterprises are listed below with each Drought occurring Jan. 1, 1983 and continuing in the counties Francois, St. Genevieve, St. Louis, disaster area. Eligible agricultural of Andrew, Brewster, Coke, Saline, Schuyler, Scotland, Scott, enterprises may file applications for Crane, Culberson, Ector, Howard, Jeff Davis, Martin, Shannon, Shelby, Stoddard, Stone, loans for physical damage until the close Mitchell, Nolan, Pecos, Presidio, Sullivan, Taney, Texas, Vernon, 7 of business 60 days after publication of Reagan, Sutton, Terrell, Upton, Warren, Washington, Wayne, Webster, this notice in the Federal Register at: 11.0 8.0 Amendment No. 1— Drought hail Worth, Wright. U.S. Small Business Administration, and windstorms occurring Nov. Additional Counties included in Area 4 Disaster Office, 77 Cadillac Drive 1, 1982 through June 6, .1983 in j the County of Jim WeUs...... l Amendment No. 1 (10/11/83): Barry, Suite 158, Sacramento, California 95825, Amendment No. 2— Drought oc­ Butler, Callaway, Cedar, Cooper, (800) 468-1710 and in California (800) curring Jan 1, 1983 and con­ tinuing in the Counties of Crawford, Dent, Douglas, Hickory, 468-1713. Loving, Reeves, and Schleicher... 11.0 8.0 Howard, Jasper, Maries, Osage. or other locally announced locations. Amendment No. 3— Drought oc­ curring April 1, 1983 and con­ Dated: December 8,1983. (Catalog of Federal Domestic Assistance tinuing in the County of Dawson.. 10.5 8.0 Program No. 59008) Amendment No. 4(a)— Drought James C. Sanders, beginning Jan. 1, 1983 and Administrator. State of Oregon continuing in the Counties of Crockett and Irion...... 11.0 8.0 [FR Doc. 83-33400 Filed 12-14-83; 8:45 am] SBA Disaster No. 3020 Amendment No. 4(b)— Drought BILLING CODE 8025-01-M beginning March 1, 1983 and Incident: continuing, as well as high Flooding beginning April winds and hail occurring April 1983 and continuing. 10, 1983 and June 6, 1983 in Declaration of Disaster Loan Areas Glasscock County...... 10.5 8.0 Amendment No. 5— Drought oc­ S B A interest rate curring April 1, 1983, and con­ Pursuant to Pub. L. 98-166, in Credit Credit not Fm HA No. tinuing in the Counties of Calla­ connection with disasters commencing available available han, Dimmit and Gaines...... 10.5 8.0 January 1,1983, through September 30, elsewhere elsewhere Amendment No. 6— Drought be­ (percent) (percent) ginning on April 1, 1983 and 1983, a determination of a natural continuing in the Counties of disaster by the Secretary of Agriculture S n_Z 7 (fi/3ft/ft.1) 10.5% .0% Borden, Cochran, Cottle, Garza, 8 Hudspeth, Kimble, . King, pursuant to 7 U.S.C. 1961 is deemed a Oldham, Runnels, Sterling, disaster declaration by the Wheeler...... 10.5 8.0 Administrator of the Small Business Counties ‘Not eligible. Administration for purposes of determining eligibility for assistance Harney. State of Missouri under section 7(b)(1) of the Small Dated: December 8,1983. Business Act for agricultural enterprises. James C. Sanders, SB A Disaster No. 3028 With regard to duplication of benefits Administrator. Incident: Drought and high for disasters commencing January 1, [FR Doc. 83-33401 Filed 12-14-83; 8:45 am] temperatures beginning June 1,1983, and 1983 through September 30,1983, section BILUNG CODE 8025-01-M continuing. 18(a) of the Small Business Act is applicable. As provided in Pub. L. 96- SBA interest rate 302, only agricultural enterprises which DEPARTMENT OF STATE are ineligible for disaster assistance FmHA No. Credit Credit not available available from the Farmers Home Administration elsewhere elsewhere Office of the Secretary (percent) (percent) are eligible for disaster assistance at SBA under Pub. L. 98-166. This limited DEPARTMENT OF COMMERCE SO-88 (9/26/83)...... 10.5 8.0 group includes applicants ineligible for FmHA disaster assistance because of National Oceanic and Atmospheric alien status: corporations, partnerships Administration Counties and cooperatives not being primarily Applications for Permits to Fish off the engaged in farming; farm owners who do Adair, Andrew, Atchison, Audrain, Coasts of the United States; Change in not operate their farms, etc. Barton, Bates, Benton, Bollinger, Boone, Publication Buchanan, Caldwell, Camden, Cape Accordingly, this notice is for the Girardeau, Carroll, Carter, Cass, purpose of providing opportunity for The Department of State and the Chariton, Christian, Clark, Clay, Clinton, appropriate agricultural enterprises to National Oceanic and Atmospheric Cole, Dade, Dallas, Daviess, De Kalb, apply for physical disaster loans for Administration (NOAA), National Dunklin, Franklin, Gasconade, Gentry, losses incurred due to physical disasters Marine Fisheries Service concluded a Greene, Grundy, Harrison, Henry, Holt, declared by the Secretary of Agriculture Memorandum of Understanding Howell, Iron, Jackson, Jefferson, and communicated to SBA prior to between the two agencies, effective Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices 55799

November 29,1983, which delegated the FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE TREASURY authority and responsibility to publish Mr. F. N. Cunningham, Assistant notices of foreign fishing permit Division Administrator, 200 N.W., 5th Customs Service Street, Room #454, Oklahoma City, applications under Section 204(b)(4) of [T.D. 83-264] the Magnuson Fishery Conservation and Oklahoma 73102, Telephone: (405) 231- Management Act (16 U.S.C. 1824(b)(4)) 4725. Approval of Public Gauger Performing to the National Marine Fisheries SUPPLEMENTARY INFORMATION: The Gauging Under Standards and Service. The agreement provides for FHWA in cooperation with the Procedures Required by Customs earlier publication of applications Oklahoma Department of Notice is hereby given pursuant to the received, speeding up the permit Transportation (ODOT) and the City of provisions of section 151.43 of the process. Oklahoma City, Oklahoma, will prepare Customs Regulations (19 CFR 151.43) Future notices of permit applications an environmental impact statement that the application of Independent will be published on the behalf of the (EIS) on a proposal to upgrade a local Surveyors of Petroleum, Inc., P.O. Box Secretary of State by NOAA, facility between N.W. 63rd Street to 2175, Port Arthur, Texas 77640, to gauge Department of Commerce, under the N.W. 178th Street (Edmond Road), a imported petroleum and petroleum subject heading of “Foreign Fishing distance of approximately 8.0 miles. If products in the Customs Districts of Permit Applications.” Comments or constructed, the improvement would be Tampa, Mobile, New Orleans, Port questions on applications should be designated as SH-74 and consist of a Arthur, Laredo and Houston-Galveston, made to the Regional Fishery multi-lane, controlled access freeway in accordance with the provisions of Management Councils which review the with appropriate grade separation section 151.43, Subpart C, of the applications or to the Fees, Permits, and structures. Customs Regulations is approved. Regulations Division, F/M12, National Donald W. Lewis, Marine Fisheries Service, Department of The Proposed improvement is intended to relieve existing traffic Director, Entry Procedures and Penalties Commerce, Washington, D.C. 20235; D ivision. Telephone: 202-634-7432. congestion on a number of north-south arterials as well as provide a vital link [FR Doc. 83-33375 Filed 12-14-83; 8:45 am] Dated: December 9,1983. BILLING CODE 4820-02-M in the overall Oklahoma City James A. Storer, transportation plan. Director, Office o f Fisheries Affairs, D epartm ent o f State. The alternates to be considered are VETERANS ADMINISTRATION the no-build, improvement of existing Dated: December 6,1983. city streets, and/or construction of a Station Committee on Educational Carmen J. Blondin, freeway. Three alternative freeway Allowances; Meeting Deputy Assistant Administrdtor for Fisheries alignments, On-shore, Off-shore and Notice is hereby given pursuant to Resource Management, National Marine East-of-Canal will be considered. Fisheries Service. Section V, Review Procedure and Scoping letters describing the Hearing Rules, Station Committee on [FR Doc. 83-33374 Filed 12-14-83; 8:45 am] proposed action have been sent to Educational Allowances that on January BILLING CODE 3510-22-M appropriate Federal, State and local 10,1984, at 12:30 p.m., the Detroit Station agencies and private citizens with a Committee on Educational Allowances known interest for their review and shall, at 477 Michigan Ave., Detroit, DEPARTMENT OF TRANSPORTATION comment. Michigan 48226,13th Floor Hearing To insure that the full range of issues Room, conduct a hearing to determine whether the approval of Nord’s Bar Federal Highway Administration related to this proposed action are addressed and all significant issues Review Course, Southfield, Michigan to train veterans should be withdrawn as Environmental Impact Statement; * identified, comments and suggestions provided in 38 CFR 21.4207 because Oklahoma County, Oklahoma are invited from all interested parties. requirements of the law have not been Comments or questions concerning this met. All interested persons shall be a g e n c y : Federal Highway proposed action and the EIS should be permitted to attend, appear before, or Administration (FHWA), DOT. directed to the FHWA at the address file statements with the committee at ACTION: Notice of intent. previously noted. that time and place. Issued: December 7,1983. Dated: December 6,1983. s u m m a r y : The FHWA is issuing this Gordon E. Penney, Gordon W. Clowney, notice to advise the public that an Division Administrator, Oklahoma City, Director, VA Regional Office, 477Michigan environmental impact statement will be O klahom a. Avenue, Detroit, M I48226. prepared for a proposed highway project [FR Doc. 83-33378 Filed 12-14-83; 8:45 am ] in Oklahoma County, Oklahoma. [FR Doc. 83-33323 Filed 12-14-83; 8:45 am] BILUNG CODE 4910-22-M BILLING CODE 8320-0t-M 55800

Sunshine Act Meetings Federal Register Vol. 48, No. 242

Thursday, December 15, 1983

This section of the FEDERAL REG ISTER for consent to purchase the assets of Recommendations with respect to the contains notices of meetings published and to assume the liability to pay initiation, termination, or conduct of under thé “Government in the Sunshine deposits made in Union Trust Company, administrative enforcement proceedings Act” (Pub. L 94-409) 5 U.S.C. 552b(e)(3). San Juan, Puerto Rico, and for consent to (cease-and-desist proceedings, establish the sole office of Union Trust termination-of-insurance proceedings, Company as a branch of Banco Popular suspension or removal proceedings, or de Puerto Rico; and (4) provide such assessment of civil money penalties) CONTENTS financial assistance, purusant to section against certain insured banks or officers, Items 13(c)(2) of the Federal Deposit Insurance directors, employees, agents or other African Development Foundation...... 1 Act (12 U.S.C. 1823(c)(2)), as was persons participating in the conduct of Federal Deposit Insurance Corpora­ necessary to facilitate the purchase and the affairs thereof: tion ...... 2-4 assumption transaction. Names of persons and names and locations Federal Home Loan Bank Board...... 5, 6 In calling the meeting, the Board of banks authorized to be exempt from Postal Rate Commission...... 7 ,8 determined, on motion of Chairman disclosure pursuant to the provisions of William M. Isaac, seconded by Director subsections (c)(6), (c)(8), and (c)(9)(A)(ii) of 1 Irvine H. Sprague (Appointive), the “Government in the Sunshine Act” (5 U.S.C. 552b (c)(6), (c)(8), and (c)(9)(A)(ii)). AFRICAN DEVELOPMENT FOUNDATION concurred in by Director C.T. Conover (Comptroller of the Currency), that Note.—Some matters falling within this TIME AND DATE: 2:00 p.m., December 22, Corporation business required its category may be placed on the discussion 1983. consideration of the matters on less than agenda without further public notice if it PLACE: Department of State, 21st and C seven days’ notice to the public; that no becomes likely that substantive discussion of those matters will occur at the meeting. Streets, NW„ Room 5951, Washington, earlier notice of the meeting was D.C. practicable; that the public interest did Discussion Agenda: SUBJECT: To discuss and decide upon not require consideration of the matters Application for consent to establish a certain personnel rules and practices of in a meeting open to public observation; branch-detached facility: the Foundation. and that the matters could be Dallas Bank and Trust Company, Dallas, STATUS: This will be a closed meeting. considered in a closed meeting pursuant Texas, for consent to establish a branch- p e r s o n t o c o n t a c t : Douglas Robbins, to subsections (c)(8), (c)(9)(A)(ii), and detached facility at 2100 Stemmons ADF Liaison Office, (703) 235-1882. (c)(9)(B) of the “Government in the Freeway, Space 117, Dallas, Texas. Sunshine Act” (5 U.S.C. 552b(c)(8), Dated: December 9,1983. (c)(9)(A)(ii), and (c)(9)(B)). Personnel actions regarding Douglas Robertson, appointments, promotions, Dated: December 9,1983. Acting General Counsel of. the African administrative pay increases, Development Foundation. Federal Deposit Insurance Corporation. reassignments, retirements, separations, [S-1744-83 Filed 12-13-83; 3:38 pmj Alan J. Kaplan, removals, etc.: BILLING CODE 611S-01-M Deputy Executive Secretary. Names of employees authorized to be exempt {S-1747-83 Filed 12-13-83; 3:40 pm] from disclosure pursuant to the provisions 2 BILLING CODE 6714-01-M of subsections (c)(2) and (c)(6) of the “Government in the Sunshine Act" (5 FEDERAL DEPOSIT INSURANCE U.S.C. 552b(c)(2) and (c)(6)). CORPORATION 3 The meeting will be held in the Board Agency Meeting FEDERAL DEPOSIT INSURANCE Room on the sixth floor of the FDIC Pursuant to the provisions of the CORPORATION Building located at 550 — 17th Street, “Government in the Sunshine Act” (5 Notice of Agency Meeting NW„ Washington, D.C. U.S.C. 552b), notice is hereby given that Pursuant to the provisions of the Requests for further information at 2:50 p.m. on Friday, December 9,1983, “Government in the Sunshine Act” (5 concerning the meeting may be directed the Board of Directors of the Federal U.S.C. 552b), notice is hereby given that to Mr. Hoyle L. Robinson, Executive Deposit Insurance Corporation met in at 2:30 p.m. on Monday, December 19, Secretary of the Corporation, at (202) closed session, by telephone conference 1983, the Federal Deposit Insurance 389-4425. call, to: (1) Receive bids for the purchase Corporation’s Board of Directors will Dated: December 12,1983. of certain assets of and the assumption meet in closed session, by vote of the Federal Deposit Insurance Corporation, of the liability to pay deposits made in Board of Directors, pursuant to sections Union Trust Company, San Juan, Puerto 552b (c)(2), (c)(6), (c)(8), and (c)(9)(A)(ii) Hoyle L. Robinson, Rico, which was closed by the Puerto of Title 5, United States Code, to Executi ve Secretary. Rico Secretary of the Treasury on consider the following matters: [S-1748-83 Filed 12-13-83: 3:40 pm] Friday, December 9,1983; (2) accept the Summary Agenda: No substantive BILLING CODE 6714-01-M bid for the transaction submitted by discussion of the following items is Banco Popular de Puerto Rico, San Juan anticipated. These matters will be 4 (Hato Rey), Puerto Rico, an insured resolved with a single vote unless a State nonmember bank; (3) approve the member of the Board of Directors FEDERAL DEPOSIT INSURANCE application of Banco Popular de Puerto requests that an item be moved to the CORPORATION Rico, San Juan (Hato Rey), Puerto Rico, discussion agenda. Notice of Agency Meeting Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Sunshine Act Meetings 55801 — — ■ — — m

Pursuant to the provisions of the correspondent banks; and (2) restate the STATUS: Open meeting. “Government in the Sunshine Act” (5 existing statutory requirement that insiders CONTACT PERSON FOR MORE U.S.C. 552b), notice is hereby given that report to the board of directors of their INFORMATION: the Federal Deposit Insurance bank any indebtedness to the Ms. Gravlee (202-377- 6970). Corporation’s Board of Directors will correspondent banks of that bank. Memorandum and resolution re: Proposed meet in open session at 2;00 p.m. on CHANGES IN THE MEETING: The following regulation which would implement section item has been withdrawn from .the Bank Monday, December 19,1983, to consider 905(a) of the International Lending the following matters: Supervision Act of 1983, which authorizes Board meeting scheduled for Thursday, Summary Agenda: No substantive the Federal bank regulatory agencies to December 15,1983, and the meeting has discussion of the following items is require banks to establish and maintain been changed from open to closed. anticipated. These matters will be special reserves against foreign loans when Please disregard notice that was resolved with a single vote unless a borrowers experience a protracted inability previously sent. to make debt service payments. member of the Board of Directors Amendments to Net-Worth Requirements requests that an item be moved to the Memorandum re: Budget of Administrative Expenses for Budget Year 1984. No. 68, December 13,1983. discussion agenda. Disposition of minutes of previous The meeting will be held in the Board [S-1750-83 Filed 12-13-83; 3:41 pm] meetings. Room on the sixth floor of the FDIC BILLING CODE 6720-01-M Application for Federal deposit Building located at 550—17th Street, insurance: NW., Washington, D.C. 7 Requests for further information First Savings Company of Hastings, Inc., POSTAL RATE COMMISSION Hastings, Nebraska, an operating concerning the meeting may be directed noninsured industrial bank located at 808 to Mr. Hoyle L. Robinson, Executive t im e a n d DATE: Periodic meetings W. 2nd Street, Hastings, Nebraska. Secretary of the Corporation, at (202) scheduled on short notice during 389-4425. Request for reconsideration of a business days in the period December 15-21,1983. previous denial of an application for Dated: December 12,1983. consent to relocate the main office: Federal Deposit Insurance Corporation. PLACE: Conference Room, Room 500, 2000 L Street, NW., Washington, D.C. First Bank in Drake, Drake, North Dakota, for Hoyle L. Robinson, consent to relocate its main office from 9 Executive Secretary. STATUS: Closed. Main Street to 108 Main Street, Drake, [S-1749-83 Filed 12-13-83; 3:40 pm) MATTERS TO BE c o n s id e r e d : Discussion North Dakota. BILUNG CODE 6714-01-M of matters in Docket No. R83-1. (Closed Reports of committees and officers: pursuant to 5 U.S.C. 552b(c)(10)). Minutes of actions approved by the stan ding 5 CONTACT PERSON FOR MORE committees of the Corporation pursuant to FEDERAL HOME LOAN BANK BOARD information : Charles L. Clapp, authority delegated by the Board of “FEDERAL REGISTER” CITATION OF Secretary, Postal Rate Commission, Directors. Room 500, 2000 L Street, NW., Reports of the Division of Bank Supervision PREVIOUS ANNOUNCEMENT: Vol. No. 48, Washington, D.C. 20268, Telephone (202) with respect to applications, requests, or page No. None at this time. Date 254-5614. actions involving administrative Published—None at this time. enforcement proceedings approved by the [S-1745-83 Filed 12-13-83; 3:39 pm] p l a c e : Board Room, 5th Floor, 1700 G BILLING CODE 7715-01-M Director or an Associate Director of the St., NW., Washington, D.C. Division of Bank Supervision and the various Regional Directors pursuant to STATUS: Open meeting. authority delegated by the Board of CONTACT PERSON FOR MORE 8 Directors. INFORMATION: Ms. Gravlee (202-377- POSTAL RATE COMMISSION 6970). Discussion Agenda: t im e AND DATE: Thursday, December 8, Memorandum and resolution re: Final CHANGES IN t h e m e e t in g : The Bank 1983, at 1:30 p.m. Board meeting previously scheduled for amendments to Parts 304 and 349 of the PLACE: Conference Room, Room 500, Corporation's rules and regulations, Thursday, December 15,1983, at 10:00 entitled “Forms, Instructions, and Reports” a.m. has been cancelled. 2000 L Street, NW., Washington, D.C. s t a t u s : and "Reports on Indebtedness of Executive No. 67, December 13,1983. Closed. Officers and Principal Shareholders to MATTERS TO BE CONSIDERED: Correspondent Banks,” respectively, to [S-1743-83 Filed 12-13-83; 11129 am] Certification to Commission of Presiding implement amendments to titles VIII and BILLING CODE 6720-01-M IX of the Financial Institutions Regulatory Officer’s Ruling in Docket R83-1. and Interest Rate Control Act of 1978 6 CONTACT PERSON FOR MORE contained in title IV of the Gam-St INFORMATION: Charles L. Clapp, Germain Depository Institutions Act of FEDERAL HOME LOAN BANK BOARD Secretary, Postal Rate Commission, 1982, which would: (1) Require FDIC- “FEDERAL REGISTER” CITATION OF Room 500, 2000 L Street, NW., insured State-chartered nonmember PREVIOUS ANNOUNCEMENT: Vol. No. 48. Washington, D.C. 20268, Telephone (202) institutions to disclose, upon request, the names of their executive officers and Page No. None at this time. Date 254-5614. principal shareholders who (along with Published—None at this time. [S-1746-83 Filed 12-13-83; 3:39 pm] their related interests) have substantial p l a c e : Board Room, 6th Floor, 1700 G BILUNG CODE 7715-01-M borrowings from the bank or its St., NW., Washington, D.C.

Thursday December 15. 1983

Part II

Department of Energy

Federal Energy Regulatory Commission

Natural Gas Policy Act; Determinations by Jurisdictional Agencies 55804 Federal Register / Vol. 48, No. 242 / Thursday, December 15,1983 / Notices

DEPARTMENT OF ENERGY The application for determination are Categories within each NGjPA section available for inspection except to the Federal Energy Regulatory are indicated by the following codes: Commission extent such material is confidential Section under 18 CFR 275.206, at the 102-1: New OSC lease [Volume 1021] Commission’s Division of Public 102-2: New well (2.5 Mile rule) Information, Room 1000, 825 North 102-3: New well (1000 Ft rule) 102-4: New onshore reservior Determinations by Jurisdictional Capitol St., Washington, D.C. Persons objecting to any of these determinations 102-5: New reservoir on old OCS lease Agencies Under the Natural Gas Policy Section Act of 1978 may, in accordance with 18 CHI 275.203 and 275.204, file a protest with the 107-DP: 15,000 feet or deeper 107-GB: Geopressured brine Issued: December 8,1983. Commission within fifteen days after 107-CS: Coal Seams publication of notice in the Federal The following notices of 107-DV: Devonian Shale Register. determination were received from the 107-PE: Production enhancement indicated jurisdictional agencies by the Source data from the Form 121 for this 107-TF: New tight formation Federal Energy Regulatory Commission and all previous notices is available on 107- RT: Recompletion tight formation pursuant to the Natural Gas Policy Act magnetic tape from the National Section 24108-SW Stripper well of 1978 and 18 CFR 274.104. Negative Technical Information Service (NTIS). 108- SA: Seasonally affected determinations are indicated by a “D” For information, contact Stuart 108-ER: Enhanced recovery 108-PB: Pressure buildup before the section code. Estimated Weisman (NTIS) at (703) 487-4808, 5285 annual production (PROD) is in million Port Royal Rd., Springfield, Va. 22161. Kenneth F. Plumb, cubic feet (MMCF). S ecretary .

NOTICE OF DETERMINATIONS ISSUED DECEMBER 8, 1983 JD NO JA DKT API NO D SEC O ) SEC(2) WELL NAME FIELD NAME PROD PURCHASER XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXKXXXXXXXKXXXKXXXKXXKXXXXXXXXXXXXKXXXXXXXXXXXXXXXKX TEXAS RAILROAD COMMISSION XXXKXKXXXXXXXXKXXXXXXXXXXXXXXXKXKKKXXXXXXXXXXXXKXXXÎÎKXXXXKXXXXKKXXXXXXXXXXKXXKKK -ADOBE OIL > GAS CORPORATION RECEIVED» 11/14/83 JA« TX 8407364 F-0S-073926 4231732724 103 KEY #2 SPRABERRY (TREND AREA 9 .0 NORTHERN NATURAL -AMOCO PRODUCTION CO RECEIVED« 11/14/83 JA« TX 8407400 F-8A-074344 4221933879 103 ELLW00D "A" #149 SMYER 3 .0 AMOCO PRODUCTION 8407404 F-08-074348 4200333471 103 FULLERTON SAN ANDRES UNIT #49 FULLERTON SAN ANDRES 12.0 AMOCO PRODUCTION 8407318 F-03-073571 4220131105 102-4 107- DP J W ULRICH GAS UNIT #1 TOMBALL SOUTH (WILCOX 547.0 AMOCO GAS CO 8407403 F-8A-074347 4221933898 103 LEVELLAND UNIT <814 LEVELLAND 104.0 AMOCO PRODUCTION 8407407 F-8A-074351 4221933899 103 LEVELLAND UNIT *815 LEVELLAND 0 .0 AMOCO PRODUCTION 8407402 F-8A-074346 4221933897 103 LEVELLAND UNIT «816 LEVELLAND 6 1 .0 AMOCO PRODUCTION 8407401 F-8A-074345 4221933900 103 LEVELLAND UNIT #817 LEVELLAND 6 2 .0 AMOCO PRODUCTION 8407406 F-08-074350 4200333505 103 MIDLAND FARMS AX #2 MIDLAND FARMS 2 8 2.0 AMOCO PRODUCTION 8407408 F-08-074352 4213534203 103 NORTH COUDEN UNIT #1137 COUDEN NORTH 15.0 AMOCO PRODUCTION 8407405 F-08-074349 4213534204 103 NORTH COWDEN UNIT #1138 COUDEN NORTH 14.0 AMOCO PRODUCTION 8407398 F-8A-074342 4244531125 103 W G FRAZIER <130 SLAUGHTER 3 5.0 AMOCO PRODUCTION 8407399 F-8A-074343 4221933877 103 U G FRAZIER UNIT #129 SLAUGHTER 4 1 .0 AMOCO PRODUCTION -APEX PETROLEUM INC RECEIVED« 11/14/83 JA« TX 8407470 F-7B-074528 4208333433 102-4 JOHN E WOLF #17 (19329) WOLF (SERRATT LCUER) 3 .0 EL PASO HYDROCARB -ARCADIA REFINING CO RECEIVED« 11/14/83 JA> TX 8407289 F-06-072970 4240131348 103 MAHALIA BAGLEY <1 #10673 HENDERSON NE (TRAVIS 0 .0 -ARCO OIL AND GAS COMPANY RECEIVED: 11/14/83 JA.« TX 8407271 F-04-072212 4213136133 102-4 HAZELWOOD MARSHALL ST G U #1 SEVEN SISTERS E (REAG 180.0 ARCO CHEMICAL CO -AUGUSTA OIL < GAS INC RECEIVED* 11/14/83 JA« TX 8407358 F-7B-073824 4225303260 102-4 J H GRAYSON #3-A LOS COLINAS (CANYON R 2 2 .0 CONOCO INC -BALLARD EXPLORATION CO INC RECEIVED« 11/14/83 JA« TX 8407376 F-03-074138 4224130392 103 ARCO FEE <4 CHAMPION (WILCOX 8670 5 0 .0 TENNECO POLYMERS -BEN HOGAN RECEIVED: 11/14/83 JA« TX 8407344 F-7B-073761 4209331125 103 DAVIS UNIT <3 MITTIE (MARBLE FALLS) 1 1 0.0 SOUTHWESTERN GAS -BEN J TAYLOR RECEIVED: 11/14/83 JA« TX 8407373 F-7B-074023 4236732512 102-4 SAVAGE L #2 MOBY DICK (MARBLE FAL 1 8.0 EMPIRE PIPELINE C -BILL FORNEY INC RECEIVED« 11/14/83 JA«\TX 8407286 F-03-072728 4248132465 102-4 ANIELA PITTS #1-C (RRC# N/A) BONUS SE (DY) 4 8 .0 VENTURE PIPELINE ' 8407329 F-02-073707 4229733289 102-4 NOUDMANN GAS UNIT #2 RRC <106980 CHARLINE (FORNEY) 1500.0 TRANSCONTINENTAL 8407345 F-02-073777 4229733313 . 102-4 YBANEZ WELL <1 RRCS-N/A CHARLINE (FORNEY) 2 .0 TRANSCONTINENTAL -BOURNE OIL CO RECEIVED« 11/14/83 JA« TX 8407367 F-04r073975 4213135435 103 TYREE UNIT #2 LABBE 0 .0 TENNESSEE GAS PIP -BRAZOS RESOURCES INC RECEIVED« 11/14/83 JA« TX 8407474 F-03-074551 4222530450 103 CURREY #1 RRC ID • 16686 FT TRINIDAD E (EDUARD 1 2 6.0 SOUTH TEXAS GATHE -BRIGHT « COMPANY RECEIVED: 11/14/83 JA« TX _ 8407313 F-04-073524 4221531355 102-4 107-1 rF HAMMAN "A "-$ MONTE CHRISTO (BICKSB 1000.0 TECO PIPELINE CO -BRUNER OIL < GAS INC RECEIVED: 11/14/83 JA« TX 8407292 F-7B-073094 4213334344 102-4 HANSEN FLOOD J "A" #4 D R S SE (CONGL) 0 .0 LONE STAR GAS CO -BTA OIL PRODUCERS RECEIVED* 11/14/83 JA« TX 8407256 F-7C-071334 4238332525 103 JACKSON "A" *7 SPRABERRY (TREND AREA 2 4 .0 EL PASO NATURAL G 8407332 F-7C-073723 4238332618 103 ROCKER "B " #24 SPRABERRY (TREND AREA 2 5 .0 EL PASO NATURAL G 8407334 F-7C-073726 4238332626 103 ROCKER "B " #25 SPRABERRY (TREND AREA 2 6 .0 EL PASO NATURAL G 8407333 F-7C-073725 4238332644 103 ROCKER "B " <26 SPRABERRY (TREND AREA 2 8 .0 EL PASO NATURAL G

BU.UNQ CODE 6717-01-1« Federal Register / Vol. 48, No. 242 / Thursday, December115,1983 / Notices 55805

JD NO JA DKT API NO D SE C O ) SEC(2) MELL NAHE FIELD NAME PROD PURCHASER

8407335 F-7C-073727 4238332608 103 ROCKER "B " #27 SPRABERRY (TREND AREA 2 7 .0 EL PASO NATURAL G -BURNETT OIL CO INC RECEIVED: 11/14/83 JA: TX 8407328 F-0I-073677 4231131861 102-4 103 C C SMITH #1 AMP (OLMOS) 292.. 0 HPI TRANSMISSION -CARMICHAEL OIL CO INC RECEIVED: 11/14/83 JA: TX 8407214 F-7B-065197 4208330003 107-PE U H HENDERSON »1 (046107) BURKETT S W (DUFFER) 0..0 UNION TEXAS PETRO -CARPENTER WALTER 6 RECEIVED: 11/14/83 JA: TX 8407363 F-7B-07391 4236333075 102-4 LANGFORD B-l (107101) LANGFORD (STRAUN LOWE 120..0 TEXAS UTILITIES F -CHAMPLIN EXPLORATION INC RECEIVED: 11/14/83 JA: TX 8407309 F-03-073444 4228731285 102-2 DELLA *1 (RRC ID 16158) GIDDING5 (AUSTIN CHAL 0 PHILLIPS PETROLEU 8407305 F-03-073424 4214930375 102-2 GUSSIE HART *2 GIDDINGS (AUSTIN CHAL .0 PHILLIPS PETROLEU 8407306 F-03-073425 4214930943 102-2 LEHMANN UNIT SI GIDDINGS (AUSTIN CHAL 0 PHILLIPS PETROLEU 8407307 F-03-073427 4214930839 102-2 VACLAVIC UNIT #1 GIDDINGS (AUSTIN CHAL 0 PHILLIPS PETROLEU -CHESTER R UPHAM JR RECEIVED: 11/14/83 JA: TX 8407265 F-78-071474 4236300000 102-4 CALABRIA/DOBBS VALLEY SI CALABRIA (CONGL 3700) 0 SOUTHWESTERN GAS -CINCO OIL 8 GAS INC RECEIVED: 11/14/83 JA: TX 8407320 F-01-073580 4217700000 102-3 BDD RANCH "A" 3 PEACH CREEK (AUSTIN C 313 ,9 TIPPERARY CORP -CIRCLE SEVEN PRODUCTION CO RECEIVED: 11/14/83 JA: TX 8407510 F-09-074626 4223735384 102-4 M L EGGERS *2 PEARL MOSLEY (CONGL U 0 .0 SOUTHWESTERN GAS -COASTAL OIL * GAS CORP RECEIVED: 11/14/83 JA* TX 8407316 F-7B-073548 4209300000 107-PE J B GRAY *1 MITTIE (MARBLE FALLS) 20 .0 LONE STAR GAS CO -CONOCO :INC RECEIVED: 11/14/83 JA* TX 8407264 F-8A-071437 4216900000 102-4 HUNTLEY EAST SAN ANDRES #60957 HUNTLEY EAST (SAN AND 400.0 MID PLAINS PETROC 8407263 F-8A-071427 4216900000 102-4 HUNTLEY EAST SAN ANDRES *1 60957 HUNTLEY EAST (SAN AND 3285.0 MID PLAINS PETROC 8407257 F-8A-071421 4216900000 102-4 HUNTLEY EAST SAN ANDRES • 14■ 60957 HUNTLEY EAST (SAN AND 400.0 MID PLAINS PETROC 8407262 F-8A-071426 4216900000 102-4 HUNTLEY EAST SAN ANDRES «2 60957 HUNTIEY EAST (SAN AND 2 5 5 5 .B MID PLAINS PETROC 8407261 F-8A-071425 4216900000 102-4 HUNTLEY EAST SAN ANDRES •5 60957 HUNTLEY EAST (SAN AND 400.0 MID PLAINS PETROC 8407260 F-8A-071424 4216900000 102-4 HUNTLEY EAST SAN ANDRES »6 60975 HUNTLEY EAST (SAN AND 1825.0 MID PLAINS PETROC 8407259 F-8A-071423 4216900000 102-4 HUNTLEY EAST SAN ANDRES »7 60957 HUNTLEY EAST (SAN AND 927.1 MID PLAINS PETROC 8407258 F-8A-071422 4216900000 102-4 HUNTLEY EAST SAN ANDRES *8 60957 HUNTLEY EAST (SAN AND 292.. 0 MID PLAINS PETROC 8407281 F-04-072551 4247933583 102-4 107 -TF ROSA V 1BENAVIDES A »20 CAPRICE (LOBO) 8 47.0 E I DUPONT DE NEH 8407375 F-7B-074084 4215100000 108 ROUND TOP PALO PINTO *61 11416 ROUND TOP 0.1 LONE: STAR GAS CO -CREWS OIL CO RECEIVED: 11/14/83 JA: TX 8407479 F-08-074577 4222733048 102-4 CLAUDE HODNETT *1 STOLHAN (SPRAPERRY) 26.0 GETTY OIL CO -CROWN CENTRAL PETROLEUM CORP RECEIVED: 11/14/83 JA: TX 8407221 F-03-067434 4231300000 102-4 BERTHA HARPER #2-A MARLAPP (DEXTER C) 140.0 PECOS PIPELINE CO -DELTA OIL t GAS CO RECEIVED: 11/14/83 JA* TX 8407317 F-7B-073564 4242900000 103 CALDWELL-WRIGHT RRC 19825 STEPHENS COUNTY REGUL 0 .0 WARREN PETROLEUM -DIAMOND SHAMROCK CORPORATION RECEIVED: 11/14/83 JA: TX 8407462 F-10-074489 4235731396 103 A W HENRY "B " *2-51 ELLIS RANCH 0.0 -DINERO OIL CO ' RECEIVED: 11/14/83 JA: TX 8407506 F-04-074614 4242731690 103 GUTIERREZ »2-C SALINAS (2000) 6 6 .0 VERN WILSON ENERG 8407505 F-04-074613 4242731690 102-4 GUTIERREZ *2-T SALINAS (2060) 7 3 .0 ESPERANZA TRANSI1I 8407504 F-04-074612 4242731689 103 GUTIERREZ #3-C SALINAS (2000) 8 .0 VERN WILSON ENERG 8407507 F-04-074615 4242731689 103 GUTIERREZ *3-T SALINAS (2060) 110.0 ESFERANZA TRANSMI -DMC OIL 8 GAS PRODUCERS RECEIVED: 11/14/83 JA* TX 8407480 F-7B-074580 4236700000 103 WEBB *1 POOLVILLE S W (CONGL 105.0 TEXAS UTILITIES F -EDWARDS ENERGY CORP RECEIVED* 11/14/83 JA: TX 8407472 F-7C-074541 4243131338 103 JOHN C COPELAND JR ET AL "B " *1 JAMESON STRAWN 3 6 .5 SUN EXPLORATION l -EL PASO NATURAL GAS COMPANY RECEIVED: 11/14/83 JA: TX 8407436 F-10-074406 4217923742 108 PATTERSON «1 PANHANDLE-WEST 2 3 .0 EL PASO NATURAL G -ENER-G’ S RECEIVED* 11/14/83 JA: TX 8407460 F-10-074465 4206531343 103 GINA *1 (ID* 05488) PANHANDLE CARSON 60 .0 GETTY OIL CO -ENERGY RESERVES GROUP INC RECEIVED: 11/14/83 JA« TX 8407466 F-7C-074500 4208131100 103 J E CHAPPELL "A" *18 JAMESON (STRAWN) 9 .3 UNION TEXAS PETRO -ENERGY-AGRI PRODUCTS INC RECEIVED: 11/14/83 JA* TX 8407380 F-10-074231 4217931400 103 GOOBER *2 (ID *05476) PANHANDLE GRAY 170.0 CABOT PIPELINE CO -ENSERCH EXPLORATION INC RECEIVED* 11/14/83 JA* TX 8407323 F-7B-073604 4242933767 103 J W STOUARD *2 -1 2 IVADELL 70 .0 8407326 F-7B-073670 4236732568 103 J W STURDIVANT *2 SPRINGTOWH 0.0 -EXXON CORPORATION RECEIVED: 11/14/83 JA* TX 8407416 F-7B-074370 4215131673 102-4 A A MABERRY *1 DIXON-LAWLI5 (CANYON) 6 . 8407393 F-01-074337 4201300000 108 A K MCBRIDE 27 (03296) CHARLOTTE (NAVARRO) 1. VALERO TRANSMISSI 8407412 F-03-074358 4232100000 108 C B GRANBURY UNIT 1 RRC ID *036024 SUGAR VALLEY (FRIO 85 0 . NATURAL GAS PIPEL 8407473 F-03-074545 4205132434 102-2 COOKS POINT UNIT 1 *2 GIDDINGS (AUSTIN CHAL 35. FERGUSON CROSSING 8407303 F-08-073301 4200333495 103 FULLERTON CLEARFORK UNIT *2017 FULLERTON 15. PHILLIPS PETROLEU 8407321 F-08-073592 4200333476 103 FULLERTON CLEARFORK UNIT *2019 FULLERTON 15. PHILLIPS PETROLEU 8407421 F-08-074381 4200300000 108 FULLERTON CLEARFORK UNIT *4018 FULLERTON 1. PHILLIPS PETROLEU 8407325 F-08-073659 4210333200 103 J B TUBB A/C 1 *280 SAND HILLS (JUDKINS) 35. EL PASO NATURAL G 8407397 F-04-074341 4226100000 108 JOHN G KENEDY JR ” E» 30- D (076018) EL PAISTLE ( J - 2 8 S) 7. NATURAL GAS PIPEL 8407288 F-03-072900 4247330392 103 KATY GAS FIELD CONS UNIT *5305 KATY (V) 1460. UNITED TEXAS TRAN 8407464 F-04-07 44 98 4227331219 103 KING RANCH CHILTIPIN 58 (09019) LOBO SE ( F -7 0 ) 8 7 . ARMCO STEEL CORP 8407417 F-7B-074371 4215131623 102-4 M C THOMPSON *1 DIXON-LAWLIS (CANYON) 25. 8407415 F-7B-074369 4215131657 102-4 M C THOMPSON B *1 DIXON-LAWL IS (CANYON) 8 . 8407396 F-04-074340 4242700000 108 MARCOS JUAREZ 4-D (101370) KELSEY SOUTH (17-B W) 6 . TRUNKLINE GAS CO 8407395 F-04-074339 4204700000 108 MCGILL BROS 88-T (07438) KELSEY DEEP (20-FtH N 5. TRUNKLINE GAS CO 8407423 F-08-074383 4200331693 108 MEANS/SAN ANDRES/UNIT *1264 MEANS 1. PHILLIPS PETROLEU 8407422 F-08-074382 4200331541 108 MEANS/SAN ANDRES/UNIT *1666 MEANS 0 . PHILLIPS PETROLEU 8407394 F-04-074338 4224700000 108 MRS A M K BASS "B " 15-D (077741) KELSEY DEEP (20-A SEG 5. TRUNKLINE GAS CO 8407463 F-04-074497 4226130238 103 N E RITA GAS UNIT 1 WELL 1 (106857 RITA N E (H-68) " 372. ARMCO STEEL CORP 8407418 F-8A-074377 4216500000 108 P G NORTHRUP *1 ROBERTSON N (CLEAR FO 3. PHILLIPS PETROLEU 8407420 F-8A-074380 4216800000 108 ROBERTSON CLEARFORK UNIT • 110 ROBERTSON N (CLEAR FO 1. PHILLIPS PETROLEU 8407419 F-8A-074378 4216531187 108 ROBERTSON CLEARFORK UNIT • 9102 ROBERTSON N (CLEAR FO 1. PHILLIPS PETROLEU 8407302 F-8A-073299 4216532538 103 ROBERTSON CLEARFORK UNIT • 9503 ROBERTSON N (CLEAR FO 15. PHILLIPS PETROLEU 8407414 F-7B-074368 4215131633 102-4 W L DUKE *3 DIXON-LAWLIS (CANYON) 5. -FAGADAU ENERGY CORP RECEIVED« 11/14/83 JA* TX 8407366 F-09-073973 4207732951 102-4 LEDA GARRETT ROE *1 RRC •23560 TALLY (CONGL) 2 3 .0 BLUEGROVE GASOLIN -FLORIDA GAS EXPLORATION COMPANY RECEIVED: 11/14/83 JA* TX 8407232 F-06-069323 4200131401 103 C M HINZIE *1 BOIS D’ ARC (RODESSA) 198.66 ESPERANZA PIPELIN -FORGOTSON JAMES M JR RECEIVED: 11/14/83 JA* TX 8407204 F-06-048720 4240100000 103 107'-DP C E WILLIAMSON HEIRS 6 U WELL *2 OAK HILL (COTTON VALL 360.0 HYDROCARBON LTD -G S I INC . RECEIVED: 11/14/83 JA» TX 8407312 F-03-073513 4204130967 102-2 A P WEHMEYER *1 (16729) KURTEN (BUDA) FIELD 250.0 FERGUSON CROSSING 8407311 F-03-073512 4204130922 102-2 FRANK RIBARDO *1 (16579) KURTEN (BUDA) FIELD 245.0 FERGUSON CROSSING -GETTY OIL COMPANY RECEIVED: 11/14/83 JA* TX _ 8407362 F-8A-073892 4216931846 103 KIRKPATRICK UNIT <3 ROCKER "A" S W (ELLEN 7 .6 KOCH OIL CO 8407339 F-7C-073749 4271331322 103 L I WHI.TTEN *2 ELDORADO N (CANYON "A 751.0 ARCO OIL t GAS CO 8407341 F-7B-073751 4235331467 103 NORTH NENA LUCIA UNIT *113 NENA LUCIA (STRAWN RE 23 .0 EL PASO NATURAL G 8407340 F-7B-07375 4243331625 103 ROY DAY #24 KATZ 4800* 7 .3 CITIES SERVICE 01 8407425 F-8A-074386 4207900000 103 XIT UNIT WELL *71-X LEVELLAND 2 .0 CITIES OIL t GAS -GRAHAM ENERGY LTD RECEIVED* 11/14/83 JA* TX 8407381 F-08-074257 4235300000 103 FOSTER S PRICE ONE #3 JAMESON NORTH (STRAWN 0 .0 SUN OIL CO -GULF OIL CORPORATION RECEIVED: 11/14/83 JA* TX 8407247 F-10-070889 4239330935 103 BFA BYRUM ET AL /A/ #3-27 RED DEER CREEK (GRANI 550.00 TRANSWESTERN PIPE --H B ZACHRY CO RECEIVED: 11/14/83 JA* TX 55806 Federal Register / Vol. 48, No. 242 / Thursday, December 15,1983 / Notices

JD NO JA DKT API NO D SECO ) SEC(2) WELL NAHE FIELD NAME PROD PURCHASER

8407207 F-04-058307 4250531294 103 H B ZACHRY CO FEE «5 RANDADO RANCH 3 6 5 .0 VALERO INTERSTATE -HANLEY PETROLEUM INC RECEIVED: 11/14/83 JA: TX 8407427 F-7C-074390 4210534136 103 107-TF UNIVERSITY 30-34A #1 OZONA (CANYON) 1 6 4 .3 INTRATEX GAS CO -HARVEST OPERATING CO INC RECEIVED: 11/14/83 JA: TX 8407295 F-7B-073224 4205900000 .102-4 BALKUM-GINCO «1 ROCKY MOUNTAIN COMYN 3 0 .0 EL PASO HYDROCARB 8407296 F-7B-073225 4205900000 102-4 BALKUM-GINCO B ROCKY MOUNTAIN COMYN 7 .0 EL PASO HYDROCARB 8407297 F-7B-073226 4205900000 102-4 BALKUM/GINCO B ROCKY MOUNTAIN COMYN 6 .0 EL PASO HYDROCARB 8407298 F-7B-073227 4205900000 102-4 BALKUM/GINCO B ROCKY MOUNTAIN COMYN 1 0.0 EL PASO HYDROCARB -HARWOOD EXPLORATION INC RECEIVED: 11/14/83 JA* TX 8407280 F-02-072535 4217531741 103 HARKINS *1 CIRCLE "A" (4 8 8 0 *) 6 7 .8 -HENDERSON CLAY PRODUCTS INC RECEIVED: 11/14/83 JA: TX 8407273 F-06-072409 4240131670 102-2 107-TF ALICE CHRISTIAN -A - L HENDERSON N (COTTON V 675.0 BO A PIPE LINE C -HENRY ENERGY CORP RECEIVED: 11/14/83 JA: TX 8407508 F-7B-074623 4203670323 102-4 DOUGLASS »3 HERMANN (STRAWN) 8 0 .0 SOUTHWESTERN GAS -HENRY PETROLEUM CORP RECEIVED: 11/14/83 JA: TX 8407237 F-7C-069908 4246100000 103 COX "B" 82-1Y SPRABERRY (TREND AREA 0 .0 PHILLIPS PETROLEU 8407238 F-08-070252 4231700000 103 PARHAM 82-1Y SPRABERRY (TREND AREA 0 .0 -HILL INTERNATIONAL PRODUCTION CO RECEIVED: 11/14/83 JA: TX 8407447 F-03-074436 4205132361 102-4 PETER ZBORIL 01 CALDWELL (AUSTIN CHAL 0 .0 FERGUSON CROSSING -HILL PRODUCTION CO-WISCONSIN RECEIVED: 11/14/83 JA: TX 8407290 F-03-073017 4204100000 102-2 TALISMAN tl-A KURTEN (BUDA) FIELD 0 .0 FERGUSON CROSSING -HMH OPERATORS RECEIVED: 11/14/83 JA: TX 8407322 F-08-073599 4243113120 103 MARGARET *1 CONGER (PENN) 108.0 ESPERANZA PIPELIN 8407351 F-08-073814 4217331207 103 RATLIFF " 6 " »1 SPRABERRY (TREND AREA 5 9 .0 PHILLIPS PETROLEU 8407352 F-08-073815 4217331361 103 RATLIFF 46 "A" 01 SPRABERRY (TREND AREA 4 9 .0 EL PASO NATURAL G -HORIZON OIL A GAS CO OF TEXAS RECEIVED: 11/14/83 JA: TX 8407304 F-l0-07 3362 4235731178 107-TF CONVERSE *'A" HORIZON (CLEVELAND) 4 .8 TRANSWESTERN PIPE -HOWELL DRILLING INC RECEIVED: 11/14/83 JA: TX 8407342 F-02-073756 4228531608 103 107-TF LEON BARNES " B" (GAS UNIT - WELL 01 WORD N 0 .0 TEXAS EASTERN TRA -HRUBETZ OIL CO RECEIVED: 11/14/83 JA: TX 8407481 F-7B-07458 4208333526 102-4 R C DAVIS #7 HRUBETZ (ELLEN) 1 8 .0 UNION TEXAS PETRO -HUNT OIL COMPANY RECEIVED: 11/14/83 JA: TX 8407245 F-06-0705S9 4236531354 102-2 107 -TF J J SMITH • 3 CARTHAGE (COTTON VALL 0 .0 UNITED TEXAS TRAN -INEXCO OIL COMPANY RECEIVED: 11/14/83 JA: TX 8407209 F-04-060284 4221531018 102-4 TREVINO 8 longor: GUADALUPE (6500 SAND) 1460.0 VALERO INTERSTATE -INTERNATIONAL OIL « GAS CORP RECEIVED: 11/14/83 JA: TX 8407242 F-7C-070485 4210534453 102-4 VERNON B COX "A" «8 DUDLEY EAST (DEVONIAN 0 .0 DELHI GAS PIPELIN - J C MCCABE RECEIVED: 11/14/83 JA: TX 8407471 F-04-074537 4250531536 102-4 HINNAT HEIRS "A "-l HINNANT RANCH FIELD 3 6 .0 HOUSTON PIPE LINE - J M HUBER CORPORATION RECEIVED: 11/14/83 JA: TX 8407248 F-10-071009 4223331526 103 RILEY "B " 02A WEST PANHANDLE 1 24.0 COLORADO INTERSTA 8407249 F-10-071010 4206531293 103 SANFORD "H" #1A WEST PANHANDLE 6 4 .0 COLORADO INTERSTA 8407250 F-10-071011 4223331514 103 WEATHERLY "C" #22A WEST PANHANDLE 4 6 .0 COLORADO INTERSTA -JACK L KIRBY RECEIVED: 11/14/83 JA: TX 8407284 F-08-072661 4213534219 103 COWDEN "B " #1 COWDEN SOUTH (CANYON 0 .0 EL PASO HYDROC.ARB -LAB OIL CO INC RECEIVED: 11/14/83 JA> TX 8407451 F-03-074441 4218530335 102-4 COBB «1 IOLA SOUTH (SUB-CLARK 6 6 .0 PRODUCERS GAS CO 8407450 F-03-074440 4218530337 102-4 COBB 02 IOLA SOUTH (SUB-CLARK 6 6 .0 PRODUCERS GAS CO 8407449 F-03-074439 4218530338 102-4 COBB 03 IOLA SOUTH (SUB-CLARK 6 6 .0 PRODUCERS GAS CO -L R PEARSON JR INC RECEIVED: 11/14/83 JA: TX 8407379 F-7B-074174 4213334237 102-4 WATSON 04 (18022) REBECCA (MARBLE FALLS 1 6 .0 LONE STAR GAS CO .-LANDMARK EXPLORATION INC RECEIVED: 11/14/83 JA: TX 8407276 F-03-072430 4204100000 102-2 LEWIS 01 KURTEN (BUDA) 5 4 7 .5 FERGUSON CROSSING -LEONARD BROTHERS OPERATING CO RECEIVED: 11/14/83 JA: TX 8407338 F-7B-073748 4213334494 102-4 KINCAID "C" 01 (19458) REBECCA (MARBLE FALLS 7 .0 LONE STAR GAS CO -LYN-SAN CO RECEIVED: 11/14/83 JA: TX 8407336 F-08-073731 4210300000 108 GULF TUBB 01 SAND HILLS (MCKNIGHT) 1 0.8 WARREN PETROLEUM 8407327 F-08-073671 4210300000 108 GULF TUBB 02 SAND HILLS (MCKNIGHT) 4 .0 WARREN PETROLEUM -MARK PRODUCING INC RECEIVED: 11/14/83 JA« TX 8407226 F-06-068421 4240131546 103 PINCHAM 01 (LEASE NO NOT ASSIGNED) CALEDONIA (RODESSA) 5 3 .7 -MARLINE OIL CORP RECEIVED: 11/14/83 JA: TX 8407254 F-02-071023 4246931656 102-4 103 WELDER-CLIBURN 4-T WELDER RANCH 9 8 5.5 FLORIDA GAS TRANS -MARSHALL EXPLORATION INC RECEIVED: 11/14/83 JA: TX 8407229 F-06-068527 4240131652 102-4 103 ARMSTRONG 01 MINDEN (TRAVIS PEAK L 140.0 TEXAS UTILITIES F -MCDANIEL PETROLEUM CO RECEIVED: 11/14/83 JA« TX 8407230 F-03-068821 4204100000 102-4 JULIA 01 BRYAN NORTH GEORGETOW 125.0 FERGUSON CROSSING -MINERAL DEVELOPMENT INC RECEIVED: 11/14/83 JA: TX 8407459 F-08-074459 4237134122 103 SCHARFF Oil , PECOS VALLEY (HIGH GR 2 .5 INTRATEX GAS CO 8407458 F-08-074458 4237134186 103 SCHARFF 012 PECOS VALLEY (HIGH GR 1 .2 INTRATEX GAS CO 8407457 F-08-074457 4237134198 103 SCHARFF 013 PECOS VALLEY (HIGH GR 5 .2 INTRATEX GAS CO 8407456 F-08-074456 4237134237 103 SCHARFF 014 PECOS VALLEY (HIGH GR 2 .2 INTRATEX GAS CO 8407455 F-08-074455 4237134254 103 SCHARFF 015 PECOS VALLEY (HIGH GR 14.6 INTRATEX GAS CO 8407454 F-08-074454 4237134386 103 SCHARFF 017 PECOS VALLEY (HIGH GR 5 .5 INTRATEX GAS CO 8407453 F-08-074453 4237134253 103 SCHARFF 018 PECOS VALLEY (HIGH GR 5 .2 INTRATEX GAS CO -MITCHELL ENERGY CORPORATION RECEIVED: 11/14/83 JA: TX 8407365 F-09-073930 4249732585 103 BERTHA FLOWERS 02 BOONSVILLE (BEND CONG 1 5 1.5 NATURAL GAS PIPEL 8407199 F-09-005078 4249700000 108-ER CHARLIE LAMBERT 01 BOONSVILLE BEND CONGL 0.0 NATURAL GAS PIPEL 8407411 F-09-074355 4249732573 103 CHARLIE T MCMURRAY 03 BOONSVILLE (BEND CONG 327.7 NATURAL GAS PIPEL 8407254 F-09-071232 4249732358 103 DEAVER (CADDO CONGL) UNIT 05-12 ALVORD (CADDO CONGL) 5 .1 NATURAL GAS PIPEL 8407203 F-09-047768 4223700000 108-ER FERRELL RICHARDS 01 JACKSBORO S E 0 .0 SOUTHWESTERN GAS 8407343 F-09-073760 4249732581 103 FRANCES B CONLEY 04-C BOONSVILLE/BEND CONGL 9 .9 NATURAL GAS PIPEL 8407206 F-09-057237 4249700000 108-ER GERTRUDE WILSON 03 BOONSVILLE BEND CONGL 0 .0 NATURAL GAS PIPEL 8407208 F-7B-059637 4236700000 108-ER J J YATES 01 LAKE MINERAL WELLS 0 .0 NATURAL GAS PIPEL 8407220 F-09-067112 4223700000 108-ER M E FERRELL 01 JACKSBORO SE 0 .0 CORONADO TRANSMIS 8407202 F-09-038583 4249700000 108-ER ROY ONEAL 01 BOONSVILLE 0 .0 NATURAL GAS PIPEL 8407211 F-09-063806 4223700000 108-ER VERA HENDERSON 01 HENDERSON RANCH 0.0 SOUTHWESTERN GAS -MOBIL PRDG TEXAS 8 NEW MEXICO INC RECEIVED« 11/14/83 JA: TX 8407496 F-08-074604 4210330770 108 U-TEX BB 01 DUNE 0 .5 PHILLIPS PETROLEU 8407497 F-08-074605 4210330769 108 U-TEX BB 02 DUNE 0 .5 PHILLIPS PETROLEU 8407498 F-08-074606 4210330848 108 U-TEX BB 03 DUNE 0 .5 PHILLIPS PETROLEU 8407499 F-08-074607 4210330861 108 U-TEX BB 04 DUNE 0.7 PHILLIPS PETROLEU 8407500 F-08-074608 4210330882 108 U-TEX BB 06 DUNE 0 .8 PHILLIPS PETROLEU 8407502 F-08-074610 4210330880 108 U-TEX BB 07 DUNE 0 .8 PHILLIPS PETROLEU 8407501 F-08-074609 4210330884 108 U-TEX BB 08 DUNE 0 .7 PHILLIPS PETROLEU , ,8407503 F-08-074611 4210330767 108 U-TEX DD 01 DUNE 1 .3 PHILLIPS PETROLEU 8407491 F-08-074597 4210330765 108 U-TEX DD 02 DUNE 1.1 PHILLIPS PETROLEU 8407485 F-08-074591 4210330802 108 U-TEX DD 04 DUNE 1 .9 PHILLIPS PETROLEU 8407483 F-08-074589 4210330803 108 U-TEX DD 05 DUNE 2 .2 PHILLIPS PETROLEU 8407482 F-08-074588 4210330804 108 U-TEX DD 06 DUNE 2 .0 PHILLIPS PETROLEU 8407488 F-08-074594 4210330800 108 U-TEX DD 07 DUNE 2 .4 PHILLIPS PETROLEU 8407489 F-08-074595 4210330799 108 U-TEX DD 08 DUNE 1 .5 PHILLIPS PETROLEU 8407484 F-Q8-074590 4210330801 108 U-TEX EE 01 DUNE 1.6 PHILLIPS PETROLEU . 8407487 F-08-074593 4210330809 108 U-TEX EE 02 DUNE 1.7 PHILLIPS PETROLEU .8 4 0 7 4 8 6 F-08-074592 4210330850 108 U-TEX EE 03 DUNE 0.0 PHILLIPS ^PETROLEU Federal Register / Vol. 48, No. 242 / Thursday, December 15,1983 / Notices 55807

JD NO JA DKT API NO D SEC (l) SEC(2) WELL NAME FIELD NAME PROD PURCHASER

8407492 F-08-074600 4210330851 108 U-TEX EE *4 DUNE 0.1 PHILLIPS PETROLEU 8407495 F-08-074603 4210330855 108 U-TEX GG *4 DUNE 0 .3 PHILLIPS PETROLEU -MONCRIEF C B RECEIVED: 11/14/83 JA: TX 8407285 F-05-072721 4229330672 103 107-■TF JACKSON #1 S U TEAGUE 0.0 DELHI GAS PIPELIN ■MONSANTO COMPANY RECEIVED: 11/14/83 JA: TX 8407324 F-8A-073638 4241532475 103 GERTIE "A" *11 DIAMOND M (SAN ANDRES 12.0 DIAMOND M-SHARON ■MOORE MCCORMACK OIL 8 GAS CORP RECEIVED: 11/14/83 JA: TX 8407410 F-04-074354 4247932091 108 HUBBERD "H" #1 LIZ (8840) 15.0 TENNESSEE GAS PIP 8407409 F-04-074353 4247932644 108 HUBBERD "HH" #1 LIZ EAST (9600) 0.0 TENNESSEE GAS PIP •MORRELL 8 PARROTT RECEIVED: 11/14/83 JA: TX 8407299 F-7B-073241 4241735054 103 EAST REAMES #25-2 SHACKELFORD COUNTY RE 120.0 DAMSON GAS PROCES ■MORROW RESOURCES INC RECEIVED: 11/14/83 JA: TX 8407314 F-7C-073536 4232730542 102-2 103 MAULDIN *2 CELERY (STRAWN B) 0.0 SUN GAS CO -MUJ PRODUCING CO RECEIVED: 11/14/83 JA: TX 8407353 F-7C-073816 4223532012 103 HERMAN *1 CHRISTI (CANYON 6800) 6 .0 FARMLAND INDUSTRI 8407349 F-08-873811 4222732957 103 HUDDLESTON "A" *1 VAREL (SAN ANDRES) 0.0 8407350 F-7C-073812 4223531940 103 JAY "A" *3 CHRISTI (CANYON 6800) 9.0 NORTHERN NATURAL 8407355 F-7C-073818 4223531992 103 SUGGS 71 *1 SPRABERRY (TREND AREA 153.0 NORTHERN NATURAL 8407354 F-7C-073817 4223500000 103 SUGGS 73 *1 SPRABERRY (TREND AREA 106.0 NORTHERN NATURAL 8407356 F-08-073819 4217331219 103 TXL 27 #2 SPRABERRY (TREND AREA 4 4.0 TEXACO INC -N D STOVALL 8 SON RECEIVED: 11/14/83 JA: TX 8407360 F-09-073869 4250337042 103 KING WILLIAMS #2 RRC #197787 LANGSTON KLEINER 14.6 MID-STATE GAS COR ■N E OPERATING CO INC RECEIVED: 11/14/83 JA: TX 8407303 F-7B-073432 4242900000 108 BLACK BROTHERS • 1 STEPHENS COUNTY REGUL 9 .2 BRECKENRIDGE GASO

8407331 F-10-173721 4239330717 102-2 LEDRICK *1 -7 LEDRICK RANCH (GRANIT 36.0 TRANSUESTERN PIPE 8407330 F-1 8 -073719 4239330717 102-2 LEDRICK *3-7 LEDRICK RANCH (GRANIT 36.0 TRANSUESTERN PIPE -NEUHALL RESOURCES RECEIVED: 11/14/83 JA« TX 8407278 F-7C-872508 4241331183 102-4 103 MERTZ "A" *1 W J B (WOLFCAMP) 0 .0 ADOBE GAS CO -NICHOLS N DALE RECEIVED: 11/14/83 JA: TX 8407319 F-8A-073576 4216532505 103 ARCO RILEY *1 HOMANN (YATES) 3 2 .8 WESTAR TRAHSMISSI -NORTHRIDGE OIL CO RECEIVED: 11/14/83 JA: TX 8407413 F-09-874361 4223735343 103 COOPER 02 23385 BARFIELD CONGL -NORTHUEST CENTRAL PIPELINE CORP RECEIVED: 11/14/83 JA: TX 8407275 F-06-072426 4245930557 102-2 107- TF FENTON A #1 GLADEWATER (HAYNESVIL 1493.0 DELHI GAS PIPELIN -OGE DRILLING RECEIVED: 11/14/83 JA: TX 8407294 F-08-073219 4232931155 103 LINDSEY 01 SPRABERRY (TREND AREA 54 .0 PHILLIPS PEÌROLEU -OWL PETROLEUM CO RECEIVED: 11/14/83 JA: TX 8407357 F-03-073820 4248132522 102-4 G H HARFST JR GAS UNIT BLACK OWL 700.0 HOUSTON PIPE LINE -PANHANDLE PRODUCING COMPANY RECEIVED: 11/14/83 JA: TX 8407509 F-10-074624 4206500000 103 WEBSTER 02-83 PANHANDLE 0 .0 GETTY OIL CO -PARKER 8 PARSLEY INC RECEIVED: 11/14/83 JA: TX 8407301 F-08-073268 4232900000 103 EDUARDS WELL #1 SPRABERRY (TREND AREA 15.0 PHILLIPS PETROLEU 8407300 F - 08-07 32 57 4232900000 103 WATLINGTON 01 SPRABERRY (TREND AREA 15.0 PHILLIPS PETROLEU -PARMA PETROLEUM CORP RECEIVED: 11/14/83 JA: TX 8407218 F-7C-066638 4246100000 103 ELKINS 30A-1 CALVIN (DEAN) 2 5.0 EL PASO NATURAL G -PAUL DE CLEVA RECEIVED: 11/14/83 JA: TX 8407225 F-09-068280 4223735021 103 BLANTON "A" #1 GILLEY W (ATOKA CONGL 2 4 .0 TEXAS UTILITIES F '-PETROLERO EXPLORATIONS INC RECEIVED: 11/14/83 JA: TX 8407241 F-7B-070457 4208333416 102-4 SEALY FOUNDATION #1-19751 OUTLAW (MORRIS) 289.4 UNION TEXAS PETRO __-PETROLEUM MANAGEMENT INC RECEIVED: 11/14/83 JA: TX . 8407240 F-04-070298 4294893071 102-4 YTURRIA CATTLE CO WELL #12-C LACAL E-10 365.0 8407239 F-04-070297 4248930711 102-4 YTURRIA CATTLE: CO WELL #12-T LACAL £-12 365.0 -PHILLIPS OIL CO RECEIVED: 11/14/83 JA: TX 8407252 F-09-071064 4219730560 103 RAPP 01 CHILLICOTHE SW 0 .0 -PHILLIPS PETROLEUM COMPANY RECEIVED: 11/14/83 JA: TX 8407469 F-08-074506 4213507236 108 (04866) MILLARD A»5 PENWELL (ELtENBURGER) 2 .0 EL PASO NATURAL G 8407468 F-8A-074505 4203330896 103 (61062) WEST JO MILL UNIT *706 JO-MILL (SPRABERRY) 14.0 GETTY OIL CO 8407219 F-10-066842 4242130290 103 BURFORD #2 TEXAS HUGOTON 0 .0 MICHIGAN MISCONSI 8407210 F-10-060450 4234130862 103 HONSINGER A *1 WEST PANHANDLE 0.0 EL PASO NATURAL G -RUINTANA PETROLEUM CORP RECEIVED: 11/14/83 JA: TX 8407277 F-03-072436 4208900000 103 H R CULLEN ET AL «7 COLUMBUS ( 5-H WILCOX) 130.0 TENNESSEE GAS PIP -RAW ENERGY CORP RECEIVED: 11/14/83 JA: TX 8407272 F-7B-07238 4236333129 102-4 TELCHIK •1 MIFF (CONGL) 2 5 0.0 SOUTHWESTERN GAS 8407246 F-7B-070708 4236732522 102-4 WARD *3 KUZELL (CONGLOMERATE) 2 0 0.0 EMPIRE PIPELINE C -R D CARAWAY RECEIVED: 11/14/83 JA: TX 8407310 F-7B-073492 4213335114 102-4 WILLIAMS «1 WILDCAT 1000.0 NORTHERN GAS PROD -RICHEY EXPLORATION CO RECEIVED: 11/14/83 JA: TX 8407201 F-09-035772 4249700000 103 0 T COOK *1 GAS FINDERS (CONGL) 7 3.0 DELHI GAS PIPELIN -RIDGEWAY OIL EXPL 8 DEVELOPMENT INC RECEIVED: 11/14/83 JA: TX 8407465 F-7B-074499 4213334465 102-4 TARVER "A" *17 (19061) HAWK-EYE (ADAMS BRANC 7 .5 SOUTHWESTERN GAS -RK PETROLEUM CORP RECEIVED: 11/14/83 JA: TX 8407424 F-08-074385 4231732722 103 SHORTES *2 SPRABERRY (TREND AREA 2 9 .2 NORTHERN GAS PROD -ROBERT E BYRNE RECEIVED: 11/14/83 JA: TX 8407426 F-7B-074387 4213335144 102-4 DUFFER *2 (18663) ADAMS (DUFFER LOWER) 14 .0 LONE STAR GAS CO -SABINE PRODUCTION COMPANY RECEIVED: 11/14/83 JA: TX 8407236 F-7C-069905 4238300000 103 F A BIRD *3 0.0 PHILLIPS PETROLEU -SAGE ENERGY CO RECEIVED: 11/14/83 JA: TX 8407268 F-03-071743 4247730506 102-2 FISCHER #1 RRC #16799 GIDDINGS (AUSTIN CHAL 135.0 PHILLIPS PETROLEU 8407434 F-7C-074397 4210534524 103 SUPERIOR STATE 14 #3 RRC #09923 FARMER (SAN ANDRES) 1.1 NORTHERN NATURAL 8407435 F-7C-074398 4210534523 103 SUPERIOR STATE 7 •3 RRC #09917 FARMER (SAN ANDRES) 1.4 NORTHERN NATURAL 8407431 F-7C-074394 4238332609 103 UNIVERSITY 16 «8 RRC *07556 FARMER (SAN ANDRES) 1 .1 NORTHERN NATURAL 8407430 F-7C-074393 4238332610 103 UNIVERSITY 16 «9 RRC •07556 FARMER (SAN ANDRES) 1 .3 NORTHERN NATURAL 8407429 F-7C-074392 4238332611 103 UNIVERSITY 19 -6 *6 RRC #09434 FARMER (SAN ANDRES) 0.7 NORTHERN NATURAL 8407428 F-7C-074391 4238332612 ' 103 UNIVERSITY 19-G *7 RRC. #09434 FARMER (SAN ANDRES) 1 .3 NORTHERN NATURAL 8407433 F-7C-074396 4210534515 103 UNIVERSITY 7 •8 RRC #07555 FARMER (SAN ANDRES) 1.1 NORTHERN NATURAL 8407432 F-7C -074395 4210534516 103 UNIVERSITY 7 «9 RRC #07555 .FARMER (SAN ANDRES) 1 .8 NORTHERN NATURAL -SENDERO OIL CO RECEIVED: 11/14/83 JA: TX 8407283 F-02-072626 4246932042 102-4 RAUL LOA «1 LOA (43>00) 0.0 HOUSTON PIPE LINE -SENECA PETROLEUM INC RECEIVED: 11/14/83 JA: 8407233 F-7C-069816 4241331297 103 107-TF MEADOR *2 SAWYER (CANYON) 4 8 .0 INTRATEX GAS CO -SESCO PRODUCTION CO RECEIVED: 11/14/83 JA: 8407200 F-06-031955 4240131026 103 V A HUGHES *1 SUNSHINE (LOWER COTTO 0 .0 DELHI GAS PIPELIN -SHELL OIL CO RECEIVED: 11/14/83 JA: 8407267 F-04-071725 4250531610 102-4 G P MUZZA *4 FANDANGO (WILCOX UPPE 900.0 UNITED TEXAS TRAN 8407291 F-04-073068 4213136211 102-4 J F WELDER HEIRS • 1 BOLD FORBES (CARRIZO 1000.0 8407444 F-08-074430 4213500000 108 JORDAN UNIVERSITY UNIT *508 JORDAN 1 .9 PHILLIPS PETROLEU 8407445 F-08-074431 4213500000 108 JORDAN UNIVERSITY UNIT «646 JORDAN 3 .5 PHILLIPS PETROLEU 8407446 F-08-074432 4213500000 108 TXL-K TRACT 1 #4 TXL (DEVONIAN) 3 .9 SHELL OIL CO -SIDUELL OIL 8 GAS INC RECEIVED: 11/14/83 JA: 8407348 F-10-073804 4217931377 103 BOWERS 04 PANHANDLE GRAY 1 8 .2 PHILLIPS PETROLEU -SIMPSON OIL CO RECEIVED: 11/14/83 JA: TX 8407243 F-7C-070552 4246100000 108 TXL - 27 WELL 04 SPRAYBERRY 0.0 PHILLIPS PETROLEU 8407244 F-7C-070553 4246100000 108 TXL *27 WELL • 1 SPRAYBERRY 0.0 PHILLIPS PETROLEU 55808 Federal Register / Vol. 48, No. 242 / Thursday, December 15,1983 / Notices

JD NO JA DKT API NO SEC(l) SEC(2) WELL NAME FIELD NAME PROD -SOUTHEASTERN RESOURCES CORP RECEIVED: 11/14/83 JA» TX 8407374 F-7B-07404 4213335056 102-4 M K COURTNEY "C " #2 JMJ XMARBLE FALLS) 50 .0 -SPENCER PETROLEUM CO RECEIVED: 11/14/83 JA» TX 8407222 P-7B-067528 4208331538 103 BROWN ESTATE *1-A (15476) COLEMAN COUNTY REGULA 3.0 -SPO EXPLORATION CORP RECEIVED« 11/14/83 JA« TX 8407368 F-01-073978 4216300000 108 ED H ECKENROTH *1 WEST BIG FOOT/GAS 1 8.2 8407370 F-01-073980 4216300000 108 GEORGE M WILLIAMS *2 WEST BIG FOOT/GAS 18 .5 8407369 F-OI-073979 4216300000 108 GORDON TATE »1 WEST BIG FOOT/GAS 2 0 .7 8407371 F-01-073981 4216300000 108 R C WALDEN *2 WEST BIG FOOT/GAS 17 .9 -STRINGER OIL ( GAS RECEIVED« 11/14/83 JA« TX 8407439 F-8A-074418 4211531785 103 BERNICE COLLETT *1 CHRISTINE (SPRABERRY) 900.0 -SUN EXPLORATION t PRODUCTION CO RECEIVED: 11/14/83 JA« TX 8407347 F-8A-073797 4250132216 103 BENNETT RANCH UNIT *340 WASSON 7 .0 SHELL OIL CO 8407388 F-04-074331 4242700000 108 GARZA-RIVAS UNIT #2-2 RINCON NORTH 1 .0 TRANSCONTINENTAL 8407476 F-04-074564 4242700000 108 GEORGE H COATES *8 RINCON NORTH (F -2 ) 3 .0 TRANSCONTINENTAL 8407382 F-04-074290 4242731762 103 J W KINCAID *5 LA COPITA 1 6.0 FLORIDA GAS TRANS 8407440 F-02-074419 4246900000 108 NANCY SHELTON *6 PALO ALTO 2 0.0 UNITED TEXAS TRAN 8407392 F-7B-074336 4213300000 108 NORTH CENTRAL RANGER UNIT *6-12 EASTLAND COUNTY REGUL 6 .0 8407384 F-7B-074327 4213300000 108 NORTHWEST RANGER UNIT *13-1 EASTLAND COUNTY REGUL 2 .0 LONE STAR GAS CO 8407383 F-7B-074294 4213300000 108 R S HARRIS #5 EASTLAND COUNTY REGUL 2 .0 LONE STAR GAS CO 8407391 F-7C-074335 4208100000 108 SAM B SAVAGE *1 JAMESON STRAWN 3 .0 EL PASO NATURAL G 8407442 F-04-074421 4224900000 108 SEELIGSON UNIT «40-51C SEELIGSON 7 .0 TENNESSEE GAS PIP 8407475 F-03-074563 4207100000 108 STATE TRACT 288 #8 RED FISH REEF SW 10.0 UNITED TEXAS TRAN 8407386 F-7B-074329 4213300000 108 T W CONNELLEY #12 EASTLAND COUNTY REGUL 1 .0 LONE STAR GAS CO 8407385 F-7B-074328 4213300000 108 T W CONNELLEY *14 EASTLAND COUNTY REGUL 1 .0 LONE STAR GAS CO 8407387 F-7B-074330 4213300000 108 T W CONNELLEY #9 EASTLAND COUNTY REGUL 1 .0 LONE STAR GAS CO 8407389 F-7C-074332 4210500000 108 UNIVERSITY -A - #2 FARMER (SAN ANDRES) 1 .0 J L DAVIS 8407390 F-7C-074334 4210500000 108 UNIVERSITY -C - #1 FARMER (SAN ANDRES) 0 .7 J L DAVIS 8407441 F-7C-074420 4210500000 108 UNIVERSITY -C - #3 FARMER (SAN ANDRES) 0 .5 J L DAVIS -SUPERIOR OIL CO RECEIVED« 11/14/83 JA: TX 8407448 F-8A-074437 4211531816 103 ACKERLY (DEAN) FIELD UNIT «1804 ACKERLY (DEAN SAND) 12 .0 GETTY OIL CO 8407266 F-03-071689 4205132422 102-2 103 F MATCEK #5 CALDWELL NE (GEORGETO 2 7 9 .0 CLAJON GAS CO 8407270 F-04-071938 4221531337 102-4 103 HAMMAN UNIT *1 MONTE CHRISTO (VICKSB 0.0 -TENNECO OIL E * P RECEIVED« 11/14/83 JA« TX 8407282 F-02-072596 4212331280 102-4 H 0 ANGERSTEIN »2-1 COTTONWOOD CREEK SOUT 7 0 0 .0 TENNECO POLYMERS -TEXACO INC RECEIVED« 11/14/83 JA« TX 8407461 F-8A-074475 4203300000 108 A M CLAYTON B «19 GOOD NE (CANYON REEF) 0 .3 GETTY OIL CO 8407212 F-08-064773 4210931636 102-4 CULBERSON "X" FEE »9 GERALDINE 6 .2 EL PASO NATURAL 8407213 F-08-06485 4213500000 108 ECTOR AR FEE *10 HARPER 0 .2 SHELL OIL CO 8407378 F-08-074150 4243131228 107-TF STERLING "K" FEE #5 ' CONGER (PENN) 2 4 5 .3 -THE STONE OIL CORPORATION RECEIVED« 11/14/83 JA« TX 8407205 F-02-050099 4212300000 103 107 -TF K HAMIL #1 YOAKUM 5 4 7 .5 LONE STAR GAS CO -THOMAS C CANAN RECEIVED« 11/14/83 JA« TX ’ 8407337 F-7B-073735 4213334317 103 CISCO JR COLLEGE *1 RRC C106717 KLEINER (LAKE) 0.0 EL PASO HYDROCARB 8407478 F-7B-074571 4242933731 102-4 HARRIS-LANGpORD *1 MUNNERLYN (MISS) 36.0 8407477 F-7B-074570 4242933697 102-4 RAGLIN "A" #1 - RRC *20093 MUNNERLYN (MISS) 36 .0 -THOMPSON J CLEO t JAMES CLEO JR RECEIVED« 11/14/83 JA« TX 8407231 F-7C-069251 4210533595 103 107 -TF MEADOWS "B " #3 OZONA (CANYON SAND) 4 0 5 .0 -TOKA INC RECEIVED: 11/14/83 JA> TX 8407269 F-7B-071896 4236332851 102-2 103 WALL STREET *1 PALO PINTO CO (REGULA 0 .0 INTRASTATE GATHER -TOM BROWN INC RECEIVED« 11/14/83 JA« TX . 8407359 F-08-073842 4231732713 103 AMOCO HOLT *5 BREEDLOVE SOUTH (SPRA 3 2.0 NORTHERN GAS PROD 8407361 F-7C-073884 4243532863 103 107--TF HILL-RIP WARD "C" SAWYER (CANYON) 7 3.0 LONE STAR GAS CO -TRACE EXPLORATION INC RECEIVED« 11/14/83 JA« TX 8407372 F-02-073984 4202531947 103 FOX *1 BLANCONIA FIELD 2 1 .99 UNITED GAS PIPE L -TXO PRODUCTION CORP RECEIVED: 11/14/83 JA: TX 8407224 F-03-067754 4208900000 103 ANDERSON H-l CHESTERVILLE N (COCKF 0 .0 DElHI GAS PIPELIN 8407235 F-02-069902 4217531723 102-4 BEHRENS G U 1- 4 BRANDT 0 .0 REATA INDUSTRIAL 8407234 F-02-069901 4228531711 102-4 HANCOCK 1-2 PROVIDENT CITY 0 .0 TEXAS EASTERN TRA 8407253 F-02-071229 4223931849 102-4 HOLLINGSWORTH C -l MORALES 0 .0 DELHI GAS PIPELIN 8407255 F-03-071287 4224531640 102-4 SMITH "S S " #1 HILDEBRANDT BAYOU- SE 0 .00 DELHI GAS PIPELIN -UNION TEXAS PETROLEUM RECEIVED« 11/14/83 JA > TX 8407215 F-0S-065555 4238931322 102-4 CHAPARRAL "A" •3 ROJO CABALLOS NW (DEL 7 0 .0 8407217 F-02-065842 4212331249 102-4 HILDA DAGG <2L DRY HOLLOW (WILCOX DA 1825.0 -VENUS OIL COMPANY RECEIVED» 11/14/83 JA: TX 8407346 F-03-073780 4248100000 102-4 KAVSH EL CAMPO WEST 0 .0 8407315 F-03-073539 4248100000 102-4 MOLLNAR HUTCHINS SOUTHWEST 0 .0 -VORTT EXPLORATION CO INC RECEIVED« 11/14/83 JA« TX 8407216 F-7B-065755 4236332979 102-4 KATE WELL «1 MINERAL WELLS SOUTH ( 0 .0 SOUTHWESTERN GAS 8407227 F-7B-068523 4236300000 102-4 L JENKINS UNIT WELL »1 MINERAL WELLS S (STRA 0 .0 SOUTHWESTERN GAS 8407228 F-7B-068524 4236300000 102-4 VARNELL-SEAY UNIT WELL MINERAL WELLS S (STRA 0 .0 SOUTHWESTERN GAS -W B D OIL t GAS CO RECEIVED« 11/14/83 JA« TX 8407438 F-10-074416 4234131011 103 D E B T »1 (ID * 05485) PANHANDLE MOORE 9 3 .0 DIAMOND SHAMROCK 8407437 F-10-074415 4234131013 103 DEB! *4 (ID * 05485) PANHANDLE MOORE 8 7 .0 DIAMOND SHAMROCK 8407287 F-10-072851 4223331500 103 ROSS *2 (ID* 05209) PANHANDLE HUTCHINSON 5 0 .0 DIAMOND SHAMROCK -W M LAUGHLIN RECEIVED: 11/14/83 JA« TX 8407279 F-04-072527 4224900000 103 LAUGHLIN - SUAREZ UNIT PREMONT (SINGER) 1 10.1 VALLEY GAS TRANSM -WARREN PETR CO A DIV OF GULF OIL CO RECEIVED« 11/14/83 JA« TX 8407452 F-08-074452 4210333143 103 M B MCKNIGHT *142 SAND HILLS (MCKNIGHT) 9 0 .6 EL PASO NATURAL G -WAYMAR OIL S GAS CO RECEIVED« 11/14/83 JA« TX 8407377 F-09-074I42 4249700000 103 MOSLEY - SPAIN «1 ALVORD SOUTH (ATOKA) 154.0 TEXAS UTILITIES F -WAYNE HARPER RECEIVED« 11/14/83 JA« TX 8407443 F-09-074427 4209732251 103 WM HOWELL "B " WELL *12 SIVELLS BEND FIELD 2 9 .0 SIVELLS GAS LTD -WESTERN CHIEF OIL < GAS CO RECEIVED« 11/14/83 JA« TX 8407223 F-09-067631 4223700000 102-4 DUNLAP *1 TJN STRAWN 0 .0 SOUTHWESTERN GAS 8407274 F-7B-072418 4236732616 102-4 103 HOBSON *6 BRA STRAWN 0 .0 SOUTHWES1ERN GAS 8407293 F-09-073126 4223735360 102-4 103 ROBB MARLEY *1 PEARL MOSLEY (CONGL U 0 .0 SOUTHWESTERN GAS

[FR Doc. 83-03265 Filed 12-14-83; 8:45 am] BILLING CODE 6717-01-C Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices 55809

[Volume 1022] available for inspection except to the Categories within each NGPA section extent such material is confidential are indicated by the following codes: Determinations by Jurisdictional under 18 CFR 275.206, at the Agencies Under the Natural Gas Policy Section 102-1: New OCS lease Commission’s Division of Public 102-2: New well (2.5 Mile rule) Act of 1978 Information, Room 1000, 825 North 102-3: New well (1000 Ft rule) Issued: December 8,1983, Capitol St., Washington, D.C. Persons 102-4; New onshore reservoir objecting to any of these determinations 102-5: New reservoir on old OCS lease The following notices of may, in accordance with 18 CFR 275.203 Section 107-DP: 15,000 feet or deeper determination were received from the and 275.204, file a protest with the 107-GB: Geopressured brine indicated jurisdictional agencies by the Commission within fifteen days after 107-CS: Coal Seams Federal Energy Regulatory Commission publication of notice in the Federal 107-DV: Devonian Shale pursuant to the Natural Gas Policy Act Register. 107-PE: Production enhancement of 1978 and 18 CFR 274.104. Negative 107-TF: New tight formation determinations are indicated by a “D” Source data from the Form 121 for this 107- RT: Recompletion tight formation ' before the section code. Estimated and all previous notices is available on Section 108: Stripper well annual production (PROD) is in million magnetic tape from the National 108- SA: Seasonally affected cubic feet (MMCF). Technical Information Service (NTIS). 108-ER: Enhanced recovery The applications for determination are For information, contact Stuart 108-PB: Pressure buildup Weisman (NTIS) at (703) 487-4808, 5285 Kenneth F. Plumb, Port Royal Rd., Springfield, Va. 22161. Secretary.

NOTICE OF DETERMINATIONS ISSUED DECEMBER 8, 1983 JD NO JA DKT API NO D SE C (l) SEC(2) WELL NAME FIELD NAME PROD PURCHASER

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX LOUISIANA OFFICE OF CONSERVATION XXKXKXXXXXXXXXXXXXXXXXKXXXXXXXXXXKXXXXXXXXXXXXXXXXKXXXXXXXXXXXXXKXXKXXXXXXXXXXXX -GOLDKING PRODUCTION COMPANY RECEIVED: 11/17/83 JA: LA 8407511 *82-3121 1703320116 102-4 GOLDKING PROPERTIES FEE *1 SIEGEN 32.0 UNITED GAS PIPE L 8407520 82-3119 1703320123 102-4 GOLDKING PROPERTIES FEE «2 SIEGEN 65 .0 UNITED GAS PIPE L -GOLDKING PRODUCTION COMPANY RECEIVED: 11/18/83 JA: LA 8407564 83-249 1703320170 102-4 TERRACE LAND CO *2 SIEGEN 35.0 UNITED GAS PIPE L - -INEXCO OIL COMPANY RECEIVED: 11/17/83 JA: LA 8407512 80-4026 1703920211 102-4 CROWELL LAND « MINERAL CORP «7 PINE PRAIRIE 545.0 LOUISIANA INTRAST -LOUISIANA LAND t EXPLORATION CO RECEIVED: 11/17/83 JA: LA 8407517 82-3236 1702321775 102-4 ESTATE OF M 0 MILLER M D *4 S GRAND CHENIERE 565.0 UNITED GAS PIPELI 8407519 83-2807 1702321800 102-4 ESTATE OF M 0 MILLER 5 * S GRAND CHENIER 700.0 UNITED GAS PIPELI 8407513 82-2800 1702321800 102-4 ESTATE OF M 0 MILLER 5-D S GRAND CHENIER 400.0 UNITED GAS PIPELI -PETR0-LEWIS FUNDS INC RECEIVED: 11/17/83 JA: LA 8407514 80-3490 1700120873 102-4 A C KERR «7 MT 1 RC SUA ELLIS 8 9 4 .3 COLUMBIA GAS TRAN -SHELL OFFSHORE INC RECEIVED: 11/17/83 JA: LA 8407515 82-3143 1707502785 102-4 SP 24 SL 1009 *22 SOUTH PASS BLOCK 24 F 390.0 TENNESSEE GAS PIP -SUPERIOR OIL CO RECEIVED: 11/17/83 JA: LA 8407518 83-0007 1702321753 102-4 S L 6209 *2 13150 RB DEEP LAKE 1095.0 -TXO PRODUCTION C0RP RECEIVED: 11/17/83 JA: LA 8407516 82-3222 1706120321 102-4 AMBROSE «1-D RUST0N 985.5 DELHI GAS PIPELIN -UNION OIL COMPANY OF CALIF RECEIVED: 11/17/83 JA: LA 8407521 81-428 1702321152 102-4 YOUNT LEE OIL COMPANY *67 SWEET LAKE 185.0 COLUMBIA GAS TRAN XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXKKXXX MONTANA BOARD OF OIL t GAS CONSERVATION XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXNXXXXXXXXXXXXKXXXXXXXXX -GULF OIL CORPORATION RECEIVED: 11/17/83 JA: MT 8407522 6-83-86 2502121088 102-2 RAISL 1-4-3C UNDESIGNATED (INTERLA 15.0 XKXXXXKXXXXXXXXXXKXKXXXXXXXXXXXXXXXXXXXXKKXKXXKXXXKKXXXXXXXXXKXXKXXXKXXXXXXXXKXX NEW MEXICO DEPARTMENT OF ENERGY 8 MINERALS XKXXXXXXXXKXXXXXXXXXXKXXXXXXXXXXXXXXXXXXXXXXXXXXXXKXXXXXXKXXXXXXXXXXXXXXXXXXXXXX -AMOCO PRODUCTION CO RECEIVED: 11/18/83 JA: NM 8407674 3004507821 108-PB ABRAMS GAS COM A *1 AZTEC 0.0 EL PASO NATURAL G 8407667 3004521147 108-PB CANDELARIA GAS COM *1 AZTEC . 0.0 EL PASO NATURAL G 8407665 3004507951 108-PB GALLEGOS CANYON UNIT *150 BASIN DAKOTA 0.0 EL PASO NATURAL G 8407669 3004511650 108-PB GALLEGOS CANYON UNIT *212 BASIN 0.0 EL PASO NATURAL G 8407673 3004507996 108-PB GARCIA GAS COM B *1 BASIN 0.0 EL PASO NATURAL C- 8407666 3004508552 108-PB HEATH GAS COM F *1 BLANCO 0.0 EL PASO NATURAL G 8407675 30.04508963 .108-PB LIKENS GAS COM A «2 BLANCO 0.0 EL PASO NATURAL G 8407672 3004507786 108-PB MADDOX GAS COM A <1 AZTEC 0.0 EL PASO NATURAL G 8407671 3004521079 108-PB NYE GAS COM C *1 BLANCO 0.0 EL PASO NATURAL G 8407670 3004509476 108-PB STATE GAS COM BE *1 BASIN 0.0 EL PASO NATURAL G 8407668 3004510008 108-PB STATE GAS COM BJ *1 BASIN 0.0 EL PASO NATURAL G -CAE OPERATORS INC RECEIVED: 11/18/83 JA: NM 8407642 3004525543 103 FEE *4A BLANCO-MESAVERDE 150.0 EL PASO NATURAL G -DINERO OPERATING CO RECEIVED: 11/18/83 JA: NM 8407644 3001522791 102-3 BIG CHIEF COMM *3 DUBLIN RANCH ATOKA 1.0 EL PASO NATURAL G 8407646 3001522791 102-2 BIG CHIEF COMM *3 PUBLIN RANCH ATOKA 1.0 EL PASO NATURAL G

BILLING CODE 6717-01-M 55810 Federal Register / Vol. 48, No. 242 / Thursday, December 15,1983 / Notices

JD NO JA DKT API NO D SEC (l) SEC(2) UELL NAME FIELD NAME PROD PURCHASER

8407648 3001523840 102-3 BIG CHIEF COMM «5 DUBLIN RANCH (MORROU) 0 .0 EL PASO NATURAL G -EL PASO NATURAL GAS COMPANY RECEIVED: 11/18/83 JA: NM 8407653 3004506150 108-PB BROOKHAVEN COM D «5 SOUTH BLANCO PC 0.0 EL PASO NATURAL G 8407657 3003906148 108-PB CANYON LARGO UNIT »101 SOUTH BLANCO PC 0.0 EL PASO NATURAL G 8407658 3004511786 108-PB FLANINGAM »1 AZTEC PC 0.0 EL PASO NATURAL G 8407663 3003905573 108-PB LINDRITH UNIT «49 BLANCO SOUTH PC 0 .0 EL PASO NATURAL G 8407652 3003907054 108-PB RINCON UNIT «103 BLANCO SOUTH PC 0.0 EL PASO NATURAL G 8407661 3003907063 108-PB RINCON UNIT *104 SOUTH BLANCO PC 0.0 EL PASO NATURAL G 8407659 3003906978 108-PB RINCON UNIT «53 SOUTH BLANCO PC 0.0 EL PASO NATURAL G 8407656 3003907069 108-PB SAN JUAN 28-7 UNIT »80 SOUTH BLANCO PC 0.0 EL PASO NATURAL G 8407655 3003907983 108-PB SAN JUAN 32-5 UNIT «10 BLANCO MV 0.0 EL PASO NATURAL G 8407662 3004508707 108-PB SCHULTZ COM C *7 AZTEC PC 0.0 EL PASO NATURAL G 8407654 3004508388 108-PB SCHULTZ COM D *8 AZTEC PC 0.0 EL PASO NATURAL G 8407660 3004505853 108-PB THREE STATES A COM «1 BALLARD PC 0.0 EL PASO NATURAL G 8407664 3004505611 108-PB UILSON A *2 BALLARD PC 0.0 EL PASO NATURAL G -EXXON CORPORATION RECEIVED: 11/18/83 JA: NM 8407626 3001524401 103 NEU MEXICO DC STATE «2 UILDCAT 2 .0 CONOCO INC -FRED POOL OPERATING CO RECEIVED: 11/18/83 JA: NM 8407647 3000560917 102-2 107'-TF RED BLUFF »1 PECOS SLOPE ABO GAS 0 .0 TRANSUESTERN PIPE -HOLLY ENERGY INC RECEIVED: 11/18/83 JA: NM 8407624 3002500000 103 AZTEC DOS STATE *1 YOUNG BONE SPRINGS NO 1 0 .5 - J M HUBER CORPORATION RECEIVED: 11/18/83 JA: NM 8407638 3002527983 103 JAMES ONEILL STATE COM *2 MORTON WOLFCAMP 22, 0 UARREN PETROLEUM -MERRION OIL t GAS CORP RECEIVED: 11/18/83 JA: NM 8407635 3003923057 103 CANADA MESA COM «4-E DEVILS FORK GALLUP 3 3 8.4 NORTHUEST PIPELIN -NORTHUEST PIPELINE CORPORATION RECEIVED: 11/18/83 JA: NM 8407618 3004521484 108-PB HOLT 4 BLANCO PICTURED CLIFF 0 .0 NORTHUEST PIPELIN 8407621 3003906081 108-PB ROSA UNIT 26 BLANCO MESAVERDE 0 .0 NORTHUEST PIPELIN 8407620 3003906081 108-PB ROSA 26 BLANCO MESAVERDE 0 .0 NORTHUEST PIPELIN 8407619 3003907472 108-PB SAN JUAN 2 9-5 «38 BLANCO MESAVERDE 0.0 NORTHUEST PIPELIN 8407614 3003907472 108-PB SAN JUAN 2 9 -5 UNIT 38 BLANCO MESAVERDE 0.0 NORTHUEST PIPELIN 8407616 3003922678 108-PB SAN JUAN 30-5 UNIT 41 BLANCO MESAVERDE 0.0 NORTHUEST PIPELIN 8407617 3003921277 108-PB SAN JUAN 30-5 UNIT 58 BLANCO MESAVERDE 0 .0 NORTHUEST PIPELIN 8407615 3004522165 108-PB SAN JUAN 32-7 UNIT COM 24 BLANCO MESAVERDE 0 .0 NORTHUEST PIPELIN -PHILLIPS PETROLEUM COMPANY RECEIVED: 11/18/83 JA: NM 8407643 3002528142 103 SIMS «9 UANTZ GRANITE UASH 1 74.« EL PASO NATURAL G -READ « STEVENS INC RECEIVED: 11/18/83 JA: NM 8407640 3001524061 103 CASS DRAU «1 UND NORTH LOVING MORR 179.0 TRANSUESTERN PIPE 8407641 3001524206 103 OGDEN «1 NORTH LOVING MORROU 175.0 TRANSUESTERN PIPE -SANTA FE ENERGY PRODUCTS CO RECEIVED: 11/18/83 JA: NM 8407627 3001524447 103 UALKER «1 UNDESIGNATED SOUTH CA 100.0 LLANO INC -SOUTHLAND ROYALTY CO RECEIVED: 11/18/83 JA: NM 8407676 3004500000 108-PB ALBINO CANYON *1 BLANCO MESAVERDE 0 .0 EL PASO NATURAL G ” 8407677 3004500000 108-PB CULPEPPER MARTIN «2 BLANCO 0 .0 SOUTHERN UNION GA 8407623 3004507831 108 MANGUM «5 BASIN 11.0 SOUTHERN UNION GA 8407678 3004500000 108-PB UEST SADIE «1 BLANCO MESAVERDE 0 .0 SOUTHERN UNION GA -TENNECO OIL COMPANY RECEIVED: 11/18/83 JA: NM 8407625 3004525624 103 CASE A IE BASIN DAKOTA 149.0 EL PASO NATURAL G -UNION OIL COMPANY OF CALIF RECEIVED: 11/18/83 JA> NM 8407645 3002527705 102-4 SMITH «1 (EAST GEM MORROU) 180.0 PHILLIPS PETROLEO -UNION TEXAS PETROLEUM RECEIVED: 11/18/83 JA> NM “I 8407636 3000520004 108 CROSBY «5 CATO (SAN ANDRES) 19.0 CITIES SERVICES 0 8407651 3000510502 108 CROSBY »7 CATO (SAN ANDRES) 13.0 CITIES SERVICES 0 8407637 3000510502 108 J E CATO «2 CATO (SAN ANDRES) 4 .0 CITIES SERVICES 0 -UARREN PETR CO A DIV OF GULF OIL CO RECEIVED: 11/18/83 JA: NM 8407639 3002528165 103 LEA "AQ" STATE #1 UNDES SAN ANDRES 0 .0 EL PASO NATURAL G -YATES PETROLEUM CORPORATION RECEIVED: 11/18/83 JA-' NM 8407628 3001523531 103 J LAZY J #14 EAGLE CREEK SAN ANDRE 0 .0 TRANSUESTERN PIPE 8407649 3001523532 103 J LAZY J »15 EAGLE CREEK SAN ANDRE 0.0 TRANSUESTERN PIPE 8407630 3001502533 103 J LAZY J «16 EAGLE CREEK SAN ANDRE 0.0 TRANSUESTERN PIPE 8407650 3000524571 103 J LAZY J «18 EAGLE CREEK SAN ANDRE 0.0 TRANSUESTERN PIPE 8407634 3001523534 103 J-LAZY-J «17 EAGLE CREEK SAN ANDRE 0 .0 TRANSUESTERN PIPE 8407622 3001524541 103 JACKSON "AT" «18 EAGLE CREEK SAN ANDRE 0 .0 TRANSUESTERN PIPE 8407631 3001523399 103 JACKSON ESTATE "BY" *13 EAGLE CREEK SAN ANDRE 0.0 TRANSUESTERN PIPE 8407633 3001523634 103 JACKSON ESTATE "BY" »14 EAGLE CREEK SAN ANDRE 0 .0 TRANSUESTERN PIPE 8407632 3001523635 103 JACKSON ESTATE "BY" #15 EAGLE CREEK SAN ANDRE 0.0 TRANSUESTERN PIPE 8407629 3001523398 103 JACKSON ESTATES "BY" «12 EAGLE CREEK SAN AHDRE 0 .0 TRANSUESTERN PIPE XKXXXXXXKXXXXXXXXXXXKXXXXKKXXXXXXKXXXXXXKXXKXXXXXXXXXXKXKKXXXXXXXXXXKKXKXXKKXKXX NEU YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION XKXXXXXXXXXXXXXXXKKXKXXXKKXKXXXXXKKXKKXKXKKXKXXXXXXXXKKXKXXXXXXXKXKXXKKKKKKKKKXK -DORAN < ASSOCIATES INC RECEIVED: 11/18/83 JA> NY 8407578 5372 3101317866 102-2 107-TF IDA EDUARDS «1 KV-47 JARMONY 2 5 .0 COLUMBIA GAS TRAN -ENVIR06AS INC RECEIVED: 11/18/83 JA: NY 8407577 3101318157 107-TF R BRUCE 01 ELLINGTON MEDINA 18.0 -NRM PETROLEUM CORPORATION RECEIVED: 11/18/83 JA» NY 8407584 5469 3100918276 102-2 107-TF CUMMINGS UNIT «1 RANDOLPH 0 .0 COLUMBIA TRAN 8407565 5456 3100918169 102-2 107-TF FRINK »1 RANDOLPH 0 .0 COLUMBIA TRAN 8407585 5462 3100917014 102-2 107-TF G BARTON UNIT «1 RANDOLPH 0 .0 COLUMBIA TRAN 8407586 5460 3100918280 102-2 107-TF G BARTON UNIT «2 RANDOLPH 0 .0 COLUMBIA TRAN 8407583 5466 3100918295 102-2 107-TF M MIGHELLS UNIT «1 RANDOLPH 0.0 COLUMBIA TRAN 8407566 5454 3100918277 102-2 107-TF R BROUN UNIT »2 RANDOLPH 0 .0 COLUMBIA TRAN 8407587 5458 3100916827 102-2 107-TF SHAVER «1 RANDOLPH 0.0 COLUMBIA TRAN -TRAHAN PETROLEUM INC RECEIVED: 11/18/83 JA: NY 8407568 5446 3101318241 102-2 ABBEY #1 131-013-18241 ELLINGTON 36.0 COLUMBIA GAS TRAN 8407567 5444 3101318216 102-2 ABBEY *2 «31-013-18216 ELLINGTON 36.0 COLUMBIA GAS TRAN 8407582 5091 3101318177 102-2 107-TF ARRANCE *1 31-013-18177 ELLINGTON 36.0 COLUMBIA GAS TRAN 8407573 5495 3101318391 102-2 CARPENTER *1 «31-013-18391 ELLINGTON 36.0 COLUMBIA GAS TRAN 8407572 5493 3101318378 102-2 CARPENTER «4 «31-013-18378 ELLINGTON 36.0 COLUMBIA GAS TRAN 8407575 5202 3101318010 102-2 GILBERT «3 31-013-18010 ELLINGTON 36.0 COLUMBIA GAS TRAN 8407574 5497 3101318384 102-2 HAYES «1 «31-013-18384 ELLINGTON 36.0 COLUMBIA GAS TRAN TRAN 8407576 5196 3101318009 102-2 HOTCHKISS «1 «31-013-18009 ELLINGTON 36.0 COLUMBIA GAS 5116 3101318175 102-2 107-TF P ANDERSON *1 31-013-18175 ELLINGTON 36.0 COLUMBIA GAS TRAN 8407581 TRAN 8407571 5491 3101318427 102-2 SHELDON NY «3 »31-013-18427 CHERRY CREEK 36.0 COLUMBIA GAS TRAN 8407570 5449 3101318319 102-2 STEUARD «1 «31-013-18319 ELLINGTON 36 .0 COLUMBIA GAS 3101318357 102-2 UEHRENBERG >5 »31-013-18357 ELLINGTON 36.0 COLUMBIA GAS TRAN 8407569 5448 TRAN 8407579 5197 3101317992 102-2 107-TF UILLOVER «2 »31-013-17992 ELLINGTON 36 .0 COLUMBIA GAS -UNION DRILLING INC RECEIVED: 11/18/83 JA: NY 8407580 5376 3101318337 102-2 107-TF UARREN C MEE «1 NY-0024 POLAND TOUN 0 .0 COLUMBIA GAS TRAN XKKXKXKKXXXXKXKKXXXXXXKXKXXKXXKKKKXKKXKXKXKKKKKXXXXKXXKXXKXKKXXXXXXXXXXXKKKXXXKK OKLAHOMA CORPORATION COMMISSION * KKXXXKXKXXXKXKXXXXXXXXKKKXXKXKXKKKKXKKKXKXXXKKXKXXXXKXKXXXKKXXXMXKKKXKKXKKKXXKXK -AN-SON CORPORATION RECEIVED: 11/17/83 JA: OK 8407606 22521 3503920676 102-2 LARUE «1-17 S STAFFORD 313.9 I 8407605 22520 3514920225 102-2 ROGER «1-2 S CHEROKEE 162.4 Federal Register / Vol. 48, No. 242 / Thursday, December 15,1983 / Notices 55811

JD NO JA DKT API NO D SEC (l) SEC(2) WELL NAME FIELD NAME PROD PURCHASER

-ARCO OU AND GAS COMPANY RECEIVED: 11/17/83 JA: OK 8407.602 21584 3507920465 102-4 R D MITCHELL <1 RED OAK-NORRIS 73.0 -CHAMPLIN PETROLEUM COMPANY RECEIVED: 11/17/83 JA: OK 8407596 24557 3504721113 108 M C YOUNGER *3 WAUKOMIS 14.0 UNION TEXAS PETRO -CLARK RESOURCES INC RECEIVED: 11/17/83 JA: OK 8407600 20412 3507323679 102-4 POST 22-1 (HUNTON) SOONER TREND 40.0 CONOCO INC 8407601 20413 3507323679 102-4 POST 22-1 (MISSISSIPPI) SOONER TREND 40.0 CONOCO INC 8407609 23444 3507323679 102-4 POST 22-1 (PRUE) SOONER TREND 195.0 CONOCO INC -DAVIS OIL COMPANY RECEIVED: 11/17/83 JA: OK 8407607 22529 3501121707 102-2 BIRD *1 HYDRO II 0.0 TRANSOK PIPE LINE -DAWN ENERGY CO RECEIVED: 11/17/83 JA: OK 8407613 24574 3513921734 103 MCDONALD #3-22 N E RICE 100.0 PHILLIPS PETROLEU -ENERGY RESERVES GROUP INC RECEIVED: 11/17/83 JA: OK 8407610 24217 3502920170 108 BEY #1-7 CENTRAHOMA 2 0 .5 ARKANSAS LOUISIAN -FCD OIL CORP RECEIVED: 11/17/83 JA: OK 8407611 24572 3505310050 103 BAUMGARDNER 1-32 SE LAMONT 6 3 .5 FARMLAND INDUSTRI -HARPER OIL COMPANY RECEIVED: 11/17/83 JA : OK 8407612 24573 3504723309 103 MAGGIE SHORT «2 SOUTH LAHOMA 205.0 ARKANSAS LOUISIAN -MOBIL OIL CORP RECEIVED: 11/17/83 JA: OK 8407598 17817 3504900000 108-PB C LAMBERT #3 GOLDEN TREND 13.7 WARREN PETROLEUM -PHILLIPS PETROLEUM COMPANY RECEIVED: 11/17/83 JA: OK 8407599 20144 3501700000 108-ER BILLER A #1 WEST OKARCHE 12.6 8407597 09877 3501721035 108-ER MACH C #1 0.0 PANHANDLE EASTERN 8407608 23118 3504721541 108-ER MCKNIGHT A #1-07 SOONER TREND 7 .5 TRANSOK PIPELINE -STATEX PETROLEUM INC RECEIVED: 11/17/83 JA: OK 8497604 22377 3510920618 102-4 GROSS #1-17 10.3 PHILLIPS PETROLEU 8407603 22376 3510920634 102-4 GROSS #2-17 2 9 .3 PHILLIPS PETROLEU KXXXXXXXXXKXXXXXKXXXXKXXXXXXXXXKKXXXXXXXXXXXXXXXKXXXXKXXXXXXXXXXKXKXXXXXXXXXXXXX PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES KXXXXXXXXXXXXXXKXXXXXXXXXXXXXXXXXKXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXKXXXXKXXXXXXX -ALCOVE INVESTMENTS RECEIVED: 11/17/83 JA: PA 8407536 21075 3706327499 103 LOUIS J BILAN JR «4 NORTH MAHONING 20.0 APOLLO GAS CO -BEARER MARTIN l RECEIVED: 11/17/83 JA: PA ,8407541 21279 3706327482 102-4 JOHN A BONYA »1A CENTER TOWNSHIP 3 6.5 -CNG DEVELOPMENT CO RECEIVED: 11/17/83 JA: PA 8407537 21059 3702140213 103 ANDREW J STAHURA #1 SUSQUEHANNA TOWNSHIP 42.0 -DELTA DRILLING CO RECEIVED: 11/17/83 JA: PA 8407538 21237 3706327422 102-4 JOSEPH CERNICK #1 IND-27442 CHERRYHILL 0.0 COLUMBIA CAS TRAN -DORAN t ASSOCIATES INC RECEIVED: 11/17/83 JA: PA 84Ó7540 21272 3703321646 102-2 JOHN FRY #2 (LEAMER) KA-181 BURNSIDE 30.0 CONSOLIDATED GAS -FAIRMAN DRILLING CO RECEIVED: 11/17/83 JA: PA 8407562 21521 3706327512 103 GEORGE STIFFLER #3 F-3754 CUSH CUSHION 23 .0 COLUMBIA GAS TRAN 8407553 21359 3706522830 103 PAUL J t CLARENCE J CRAFT #D-4 BIG RUN 25’. 0 CONSOLIDATED GAS “ - J 8 J ENTERPRISES INC RECEIVED: 11/17/83 JA= PA 8407544 21348 3703321647 102-2 ROBERT HARKLEROAD «1 BURNSIDE 0.0 EASTERN SHORE NAT - J C ENTERPRISES RECEIVED: 11/17/83 JA: PA 8407560 21442 3706323893 103 IND-23893 WM RUMMEL #084-2 SMICKSBURG 41.6 8407530 20322 3706324240 103 IND-24240 R PHILLIPS #074-2 MARCHAND 36.0 8407531 20325 3706521484 103 JEF-21484 FRANK EISENHART #079*1 TIMBLIN 17.9 -MERIDIAN EXPLORATION : orp RECEIVED: 11/17/83 JA: PA 8407535 20643 3704922881 102-2 WIATER 702-1 EDIHBORO NORTH 30.0 COLUMBIA GAS TRAN “ 8407534 20640 3704922881 107-TF 702-1 WIATER EDINBORO NORTH 30.0 C0LUM3IA GAS TRAN -MITCHELL HEARD HOPKINS t BEAVERS RECEIVED: 11/17/83 JA: PA 8407542 21338 3704923087 107-TF WAYNE HULL *2 DRUMLIN FIELD 5 4.8 COLUMBIA GAS TRAN 8407543 21339 3704923087 102-2 WAYNE HULL «2 DRUMLIN FIELD 54.8 COLUMBIA GAS TRAN -NEA CROSS CO RECEIVED: 11/17/83 JA: PA 8407549 21353 3704923066 107-TF A E HAKKARAINEN #1 WATERFORD 10.0 NATIONAL FUEL GAS 8407550 21354 3704923066 102-2 A E HAKKARAINEN #1 WATERFORD 10.0 NATIONAL FUEL GAS 8407547 21351 3704922692 107-TF JOHN HOOD *1 WATERFORD 10.0 NATIONAL FUEL GAS 8407548 21352 3704922692 102-2 JOHN HOOD #1 WATERFORD 10.0 NATIONAL FUEL GAS 8407545 21349 3704922915 107-TF KENNETH i JOYCE BRUNNER #1 WATERFORD 10.0 NATIONAL FUEL GAS 8407546 21350 37049229Ï5 102-2 KENNETH # JOYCE BRUNNER *1 WATERFORD 10.0 NATIONAL FUEL GAS 8407551 21355 3704922687 102-2 LEO T t DORIS A OLIVER #1 WATERFORD 10.0 NATIONAL FUEL GAS 8407552 21356 3704922687 107-TF LEO T t DORIS A OLIVER «1 WATERFORD 10.0 NATIONAL FUEL GAS 8407532 20463 3704922841 102-2 PAULINE HULL *1 WATERFORD 10.0 COLUMBIA GAS TRAN 8407533 20464 3704922841 107-TF PAULINE HULL #1 WATERFORD 10.0 COLUMBIA CAS TRAN -RUSSJACK DRILLING PARTNERS RECEIVED: 11/17/83 JA: PA 8407528 13753 3700500000 108 D H SCHALL *1 WHITESBURG 1.1 APOLLO GAS CO 8407527 18752 3700500000 108 D H SCHALL «2 WHITESBURG 1.1 APOLLO GAS CO 8407526 18751 3700500000 108 D H SCHALL *3 WHITESBURG 1.1 APOLLO GAS CO 8407525 18750 3700500000 108 t D H SCHALL #4 WHITESBURG 1.1 APOLLO GAS CO 8407524 18749 3700500000 108 D H SCHALL #5 WHITESBURG 1.1 APOLLO GAS CO 8407529 18754 3700500000 108 D H SCHALL »6 WHITESBURG 1.1 APOLLO GAS CO -SNYDER BROTHERS INC RECEIVED: 11/17/83 JA: PA 8407539 21264 3706522799 103 T W TAYLOR »1-18AC BELL TWP 10.0 T W PHILLIPS GAS -« J LYDIC INC RECEIVED: 11/17/83 JA: PA 8407556 21382 3712521461 103 A JOHNSON #1 HOPEWELL 18.0 PEOPLES NATURAL G 8407558 21384 3712521460 103 HAROLD WARD #1 HOPEWELL 18.0 PEOPLES NATURAL G 8407557 21383 3712521383 103 JOHN HUNTER *1 HOPEWELL 18.0 PEOPLES NATURAL G -WAINOCO OIL t GAS CO RECEIVED: 11/17/83 JA: PA 8407554 21376 3703921989 102-2 JAKE D BYLER #1 (W-217A) ATHENS FIELD 16.0 COLUMBIA GAS TRAN 8407555 21377 3703921989 107-TF JAKE D BYLER »1 (W-217A) ATHENS FIELD 16.0 COLUMBIA GAS TRAN -WILLIAM B WOOD RECEIVED: 11/17/83 JA: PA 8407561 21443 3700500486 108 GUY TRUBY MONTGOMERY 0.0 PEOPLE NATURAL GA -ZENITH EXPLORATION COMPANY RECEIVED: 11/17/83 JA: PA 8407559 21404 3705120243 103 ELMER HENCKEL »1 WHARTON 3.0 XXXXXXXX X.X KXXXXKXXXXXKKKMXXXXXXXXXKXXXXXXKXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX WEST VIRGINIA DEPARTMENT OF MINES XXXXXXXXMXXXXXXXXXK*XXXXX XXXXXXXXXXXKXKKKXXXX XXXXXXXXXXXXXXX XXXXXXXXXXXXXXXKMXX* -DUFF E ROY RECEIVED: 11/16/83 JA: WV 8407523 4708504527 108 HURLEY ROBINSON #1 BEREA 0.0 CARNEGIE NATURAL -RAMCO OIL 8 GAS CORP RECEIVED: 11/17/83 JA : WV 8407563 4702103613 108 C B SNYDER #1 C B SNYDER 7 .3 COLUMBIA GAS TRAN -UNION DRILLING INC RECEIVED: 11/17/83 JA: WV _ 8407590 4709702123 107-DV FLODA DINSER »1 1603 MEADE DISTRICT 0 .0 COLUMBIA GAS TRAN 8407594 4709702128 107-DV FRANCH W l LOIS ARMSTRONG #1 1605 BANKS DISTRICT 0.0 COLUMBIA GAS TRAN 8407595 4700101402 107-DV * HENRY C WOODYARD #1 1590 ELK DISTRICT 0.0 CONSOLIDATED GAS 8407588 4709702138 107-DV MADELINE ALKIRE CRAIG *1 1598 BANKS DISTRICT 0.0 COLUMBIA GAS TRAN 8407591 4709702139 107-DV MADELINE ALKIRE CRAIG #2 1599 BANKS DISTRICT 0.0 COLUMBIA GAS TRAN 8407593 4709702172 107-DV NELLIE PHILLIPS #1 1610 MEADE DISTRICT 0.0 COLUMBIA GAS TRAN 8407589 4709702064 107-DV R R COLERIDER ESTATE #2 1568 MEADE DISTRICT 0.0 EQUITABLE GAS CO 8407592 4709702140 107-DV R S SMALLRIDGE #1 1604 MEADÈ DISTRICT 0 .0 COLUMBIA GAS TRAN

IFR Doc. 83-33266 Filed 12-14-83; 8:45 am] BILLING CODE 6717-01-C

Department of Commerce

National Oceanie and Atmospheric Administration

Fisheries Loan Fund Procedures; Notice of Available Fisheries Loans and Open Season for Applications 55814 Federal Register / Vol. 48, No. 242 / Thursday, December 15,1983 / Notices

DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: The the above vessel’s construction, Fisheries Loan Fund was created by reconstruction, or reconditioning. National Oceanic and Atmospheric Section 4 of the Fish and Wildlife Act of (4) You must have at least 3 years Administration 1956, as amended by the American successful experience as a fishing vessel Fisheries Promotion Act. The purpose of Fisheries Loan Fund Procedures; owner. the Fund is to assist owners or operators Available Fisheries Loans and Open (5) You cannot be in bankruptcy. of commercial fishing vessels to avoid Season for Applications (6) Your mortgage cannot already be default on vessel mortgages which in process of foreclosure. a g e n c y : National Oceanic and financed the construction, (7) You cannot have other assets Atmospheric Administration (NOAA), reconstruction, or reconditioning of their capable of generating the funds for Commerce. fishing vessels. Three million dollars are which this loan is sought (assets available for emergency loans from the a c t i o n : Notice of Available Fisheries reasonably necessary for other Fisheries Loans Fund in fiscal year 1984. Loans and Open Season for purposes, like the operation of another One million dollars are reserved for Applications. business for example, are excluded). fishermen whose vessels are financed (8) Your vessel must have a sufficient s u m m a r y : NOAA issues this notice that under the Fisheries Obligation debt-to-equity ratio and insurable value emergency loans from the Fisheries Guarantee Program. These fishermen to reasonably secure the loan amount Loan Fund are available in fiscal year may apply at any time before June 1, requested (maximum loan amount is one 1984 (October 1,1983, to September 30, 1984. Their applications should, year’s mortgage debt service, but all 1984) to qualified fishing vessel owners. however, be submitted as soon as loans will be kept as small as possible). Fishermen whose vessels are financed possible. If funds for this category (9) Your situation must be such that under the Fisheries Obligation exceed applications for this category on the requested loan, if approved, will Guarantee Program may apply at any June 1,1984, those excess funds will be result in a reasonable assurance of time before June 1,1984. Fishermen made available to applicants whose continued operation and repayment of whose vessels are not financed under vessels are not financed under the the loan. the Fisheries Obligation Guarantee Fisheries Obligation Guarantee (10) Applications which are not Program may apply, however, only Program. Fishermen whose vessels are materially complete at the time of our during an open season from January 15 .financed under the Fisheries Obligation receipt will not be accepted. through March 31,1984. This notice will Guarantee Program should call the (11) Do not apply unless you meet a ll provide potential applicants with nearest Regional Financial Services the above requirements. specific eligibility criteria and Branch of the National Marine Fisheries How Loan Will Be Made Available application instructions. Service to get application advice. Two million dollars are reserved for ADDRESSES: Application instructions (1) Applications submitted before or fishermen whose vessels are not and information can be obtained from after the open season will not be financed under the Fisheries Obligation the nearest Regional Financial Services accepted. Guarantee Program. These fisherm en (2) Applications will be considered in Branch of the National Marine Fisheries may apply only during the application Service office listed below: the order of receipt by us. open season from January 15 through extra Residents of New England, Mid- (3) Applications will be given March 31,1984. The rest of this notice consideration if mortgage holders or Atlantic, and Great Lakes areas contact: establishes application instructions and trade creditors are willing to make National Marine Fisheries Service, qualification criteria only for those Northeast Region, Financial Services concessions which will complement a fishermen whose vessels are not for example, Branch, 14 Elm Street, Federal Building fisheries loan. If, you apply financed under the Fisheries Obligation for a $25,000 fisheries loan to make Gloucester, Massachusetts 01930; (617) Guarantee Program. 281-3600. mortgage payments, your application Information collection requirements will be given extra consideration if the Residents of Gulf of Mexico, South contained in this Notice have been mortgage holder to whom the proceeds Atlantic, and areas contact approved by the Office of Management of the fisheries loan will be paid is National Marine Fisheries Service, and Budget under the provisions of the willing to make a concession on an Southeast Region, Financial Services Paperwork Reduction Act and have equal amount of mortgage payments. Branch, 9450 Koger Boulevard, St. been assigned OMB Control § 0648- Such a concession might be to make that Petersburg, Florida 33702; (813) 893-3148. 0133. equal amount of mortgage payments Residents of California, Hawaii, payable under the same terms and American Samoa, and Guam contact: What is Available conditions as the fisheries loan itself. National Marine Fisheries Service, (1) The three million dollars in (4) Qualified applications will be Southwest Region, Financial Services emergency loan funds is available approved in the order of their receipt Branch, 300 South Ferry Street Terminal without regard to applicants’ location. until available funds are exhausted. Island, California 90731; (213) 548-2478. (2) Interest rate is 3 percent. What Must Be Included in Applications Residents of Washington, Oregon, and (3) Repayment maturity is up to 10 Alaska contact: National Marine years. Since no application form is available, Fisheries Service, Northwest Region, (4) M axim um loan amount is one send the following information in the Financial Services Branch, 7600 Sand year’s worth of mortgage payments. order indicated. Point Way NE, BIN C15700, Seattle, (1) Personal. To Whom Loans Available Washington 98115; (206) 527-6122. (a) Name. ' FOR FURTHER INFORMATION CONTACT: (1) You must be a U.S. citizen. (b) Address. Michael L. Grable, Chief, Financial (2) You must own a commercial (c) Telephone number. Services Division, National Marine fishing vessel of at least 5 net tons. (d) Marital status. Fisheries Service, Washington, D.C. (3) You must be in jeopardy of (e) Social security number. 20235, (202) 634-7496. defaulting on a mortgage which financed (f) IRS taxpayer number. Federai Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Notices 55815

(g) Biography. Include age, place of (e) Letters from two banks declining (4) Vessel information (for the vessel birth (proof of naturalization if to loan the money you are requesting whose mortgage is in jeopardy of naturalized), health, experience, from the Fisheries Loan Fund Program. default). references, operating history, (3) Financial information. (a) Copy of all vessel mortgage accomplishments, etc. Be specific about (a) Balance sheet for your vessel’s (include names, addresses, and phone what fishing vessels you owned, what business (this must be current within 60 numbers of mortgagees and present they fished for, and when you owned days of application and must be for the outstanding balance of each mortgage). them, etc. vessel whose mortgage is in jeopardy of (b) Current U.S. Coast Guard form (h) Balance sheet for yourself (current default). All vessel debts must be 1330 (certificate of ownership). within 60 days of application). All disclosed, with the amount and (c) Recent photograph of vessel (if personal debts must be disclosed, with frequency of repayments. List available). the amount and frequency of repayment acquisition cost and market value for all (d) Inventory of vessel equipment and requirements. List acquisition cost and non-cash assets. All items must be description of vessel’s rigging. market value for all non-cash assets. All described thoroughly enough to permit (e) Survey report for vessel (no older items must be described thoroughly our verification. Give names, addresses, than 1 year). enough to permit our verification. Give and telephone numbers of each person (f) Copy of vessel’s insurance policy you owe money to and each person who names, addresses, and telephone (plus name, address, and telephone owes you money.1 numbers of each person you owe money number of agent). to and each person who owes money to (b) Profit and loss statement for your (g) Number of engine hours and date you.1 vessel during last 12 months (this must of last engine overhaul. be current within 60 days of application (i) Federal income tax returns for (h) Date of last vessel dry dock. yourself for the last 3 years.1 and must be for the vessel whose mortgage is in jeopardy of default). (i) Vessel acquisition cost and present (2) Loan purpose. market value. (a) Amount of loan requested Please be specific about all items of profit and lods. (j) Complete disclosure of all lienable (maximum is one year’s debt service on vessel debt. mortgaged vessel). (c) Federal income tax returns for your vessel business for the last 3 (5) Concessions. Describe whatever (b) What loan will be used for (who it years.1 concessions your vessel’s mortgage will be paid to and for what). (d) Trip settlement sheets for the past holder or trade creditors are willing to (c) Why a lesser amount would not be 90 days (for the vessel whose mortgage make if your Fisheries Loan Fund enough. is in jeopardy of default). application is approved. Include a letter (d) Why the amount requested will (e) Balance sheet for any other from them stating their willingness to assure your ability to continue in business you own. make the concession. operation and repay the loan (be (f) Name, address, and telephone (16 U.S.C. 742a-742k) specific). number of your bookkeeper and your Dated: December 12,1983. attorney. Carmen J, Blondin, 1 If you own the vessel as a sole proprietor, you (g) Name, address, and telephone Deputy Assistant Administrator for Fisheries need send only your personal balance sheet and tax number of the principal people who buy Resource Management, National Marine returns. If you own the vessel through a corporation your vessel’s catch and the principal Fisheries Service. or partnership, you must send both your personal balance sheet and tax returns and those for the people who sell supplies and services to [FR Doc. 83-33407 Filed 12-14-83; 8:45 am] corporation or partnership. your vessel. BILLING CODE 3510-22-M

Department of Health and Human Services

Office of Human Development Services

Native American Programs; Final Rule 55818 Federal Register / Vol. 48, No. 242 f Thursday, December 15,1983 / Rules and Regulations

DEPARTMENT OF HEALTH AND clarity and deleting provisions that applicants for ANA projects by this HUMAN SERVICES merely repeat the law. The views of the proposed revision, and we do not Native American community on these believe it has this effect. We agree, Office of Human Development issues were solicited in public meetings however, that the change would not take Services and are reflected in these final into account the off-reservation groups regulations. and have added the word “community” 45 CFR 1336 Part The Department published a Notice of to the definition of American Indian. Proposed Rulemaking (NPRM) on Comment. Because the definition of Native American Programs August 26,1982 (47 FR 37852) to notify American Indian does not specifically a g e n c y : Office of Human Development the public of the proposed revisions and refer to Indian Pueblos as tribes, one Services (HDS), HHS. to solicit comments. commenter requested that Indian A C T IO N : Final rule. DISCUSSION OF COMMENTS AND Pueblos be specifically referred to as CHANGES tribes. s u m m a r y : The Office of Human R esponse. We have changed the Development Services is revising its The Department received 42 definition of American Indian to include regulations for the Native American comments from 17 organizations in reference to a member of a Pueblo. Programs. These changes revise and response to the NPRM. Below we have simplify the appeals process and provided a summary of the comments, Definition of Budget Period propose new management and our response to those comments, and a The phrase “but it may also coincide administrative procedures which will discussion of the changes we have made with the project period” is deleted reduce reporting and paperwork in the regulations. because it incorrectly implies that single requirements. They also remove Subpart A— Definitions awards may be made for multiple years. unnecessary provisions and revise the language of the current regulations for Section 1336.10 Definitions. Definition of Native Hawaiian clarity. Definition of Alaskan Native Village The NPRM proposed to keep the same EFFECTIVE DATE: January 16,1984. definition of Native Hawaiian as the The NPRM proposed to delete the FOR FURTHER INFORMATION CONTACT: current regulations and the legislation. term “Alaskan Native Village” because Mr. Martin Koenig, Director, Planning, it is defined in Section 813 of the Act. Comment. One commenter requested Management and Policy Control Staff, Comment. One commenter objected to that the definition of Native Hawaiian Administration for Native Americans, the proposed deletion of the term be revised to include descendants of Room 5300, HHS (North) Building, 330 “Alaskan Native Village” because he those persons indigenous to the islands Independence Avenue, SW., feared that tribes organized under the prior to 1778 as attested by K am a’aina Washington, D.C. 20201; Telephone: Indian Reorganization Act and regional witnesses. (202)245-7714. non-profit corporations would thereby Response. Because Section 813(3) of SUPPLEMENTARY INFORMATION: Current become ineligible for funding by ANA. the Native American Programs Act regulations for the Administration for R esponse. There is no need to defines Native Hawaiian, there is no Native Americans (ANA) are codified at duplicate the language of Section 813(2) need to repeat it, and the definition 45 CFR Part 1336. The last time the of the Act by repeating the definition of cannot be changed by regulation. regulations were substantially modified Alaskan Native Village in the Definition of Recipient was January 19,1977. The current regulations. It is not our intent to limit regulations, published April 24,1979 (44 the eligibility of Alaskan Native The phrase “public or nonprofit FR 24073), made technical and editorial applicants; or to give priority in funding private” is deleted from the definition of changes to conform ANA regulations to to organizations established under the recipient, because ANA recipients can the Departmental rules on Alaskan Native Claims Settlement Act, be either for-profit or nonprofit Administration of Grants, 45 CFR Part as opposed to those established under organizations; except for recipients of 74. the Indian Reorganization Act, or some Section 803 funds, which are We are making a number of other authority. legislatively restricted to nonprofit administrative changes which we organizations. believe will improve the management Definition of American Indian or Indian Definitions of “Indian organization" and and administration of the program and The NPRM proposed to change the “Urban Indian Center" reduce unnecessary reporting and last sentence in the definition of paperwork burdens. These changes “American Indian or Indian” to read: The NPRM proposed to delete the include: an improved appeals process “This includes any individual who definitions of "Indian organization” and which will utilize the Departmental claims to be an Indian and who is “Urban Indian Center” because the Grant Appeals Board and provide for a regarded as such * * *” terms are not used in the proposed simpler, less expensive, and more Comment. Some commenters are regulations. objective appeals review procedure; a concerned that deletion of the word Comment. Two commenters pointed multi-year planning cycle for some “community” from the definition of out that removing those definitions projects thus reducing the volume of American Indian would tend to exclude would also have the effect of eliminating paperwork required for annual off-reservation groups and non- the requirement that a majority of the continuation applications; and a Federally recognized tribes from governing board and membership of an revision of the policy related to waiving participating in ANA-supported Urban Indian Center be Indian. They the non-Federal matching share. We are projects. fear that removing this requirement also implementing specific criteria for i Response. We proposed using the would permit ANA to provide financial waiving the maintenance of effort words “tribe, group or band” instead of assistance to non-Indian organizations requirement and removing unnecessary “Indian community” to be more and self-proclaimed Indian provisions. We are revising the consistent with law and practice. It was organizations which do not meet the organization of the regulations for not our intention to limit eligibility of current requirements. Federal Register / Vol, 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations 55819

R esponse. We believe the current OMB Circular A-102” was deleted test the adequacy of the recipient regulation is overly prescriptive in this because that Circular applies to organization’s financial management case and that the composition of the applications, not to work plans. It system, rather than to provide detail on governing board and membership should not have appeared in th NPRM. individual projects. It will not matter if requirements of Indian and Urban Comment. Three commenters an organization has multiple grants with Indian organizations are the supported the multi-year work plan different budget periods, because an responsibility of the local community. because it would encourage longer range institutional audit tests the system Therefore, we have not retained these planning and reduce paperwork. One rather than reporting how much was requirements. However, our general commenter recommeded that funding spent under each grant. policy is to provide financial assistance level be based on population. Comment. One commenter requested to Indian controlled organizations for R esponse. The funding levels for clarification of the period of time to be projects that will promote social and Native American projects are based on covered by the audit and the due date of economic self-sufficiency for Indians. the requirements of each project, in audit submission. Subpart C—Native American Projects accordance with criteria published in R esponse. Guidance on these program announcements. administrative questions will be Section 1336.30 Eligibility. Subpart D—Evaluation provided later in an audit guide or other This section in the NPRM proposed policy issuance. Section 1336.40 General. which organizations would be eligible Non-Federal Share— § 1336.50(b) for ANA financial assistance as allowed This section of the NPRM explained in Section 803 and listed examples of that progress reports and continuation The Native American Programs Act several types of eligible organizations. applications must contain sufficient requires that Federal assistance under The phrase “Alaskan Native tribes on information for ANA to determine the Act not exceed 80% of the cost of the Federal and State reservations” was a whether the recipient meets ANA project, unless assistance'in excess of typographical error and has been project evaluation standards. that amount is approved in accordance deleted. with regulations establishing objective The Act limits-eligibility for financial Subpart E— Financial Assistance criteria. The NPRM proposed criteria in assistance under Section 803 to public Provisions § 1336.50(b). and private nonprofit agencies. Section 1336.50 Financial and Comment. One commenter requested However, grants for projects authorized administrative requirements. that the matching share not be required. by Sections 804 or 805 may be made to Another said the requirement for “for-profit” organizations, in accordance Audits— § 1336.50(a) documenting the non-Federal share is with revised regulations published The NPRM proposes to require not consistent with our goal of reducing November 24,1982 (47 FR 53014). We recipients to comply with the paperwork. Others suggested that ANA have revised § 1336.30 to clarify this Departmental requirement (45 CFR accept a signed statement or a point. 74.62) for an institutional (organization- resolution from the tribe or grantee Comment. Three commenters objected wide) audit every two years. ANA indicating that the matching funds to the phrase “established by the Alaska grantees currently are required to cannot be provided. Native Claims Settlement Act” which submit a project audit every year. Response. The matching share is a modifies regional corporations in the Comment. Several commenters legislative requirement which we do not listing of the kinds of Alaskan Native opposed the proposed institutional have the authority to change. We entities eligible to apply for ANA audit. Some objected because they believe the provisions proposed request assistance. They fear this gives priority believe it will cost more than a project the minimum paperwork necessary to to those corporations, as opposed to audit. One suggested that Federal meet the legislative requirement for other Alaskan Native organizations funding agencies mutually agree on granting a waiver of the non-Federal established under other legislation. audit requirements, and opposed matching share. We also think that R esponse. We agree that the phrase institutional audits because not all documentation of an applicant’s could be read to be limiting and since funding agencies may accept them. inability to provide the matching share that does not comport with the Finally, one commenter stated that a is consistent with the intent of Congress definition in the law and was not our tribe may have up to forty Federal that grantees provide a matching share. intention, we have added the phrase grants with varying budget periods, Maintenance of Effort—§ 1336.50(c) “and other Acts” to that clause. which would be too complex for a single Comment. One commenter objected to audit. They said an institutional audit Section 1336.50(c) of the NPRM sets the inclusion of Hawaiian Natives would be too general, providing forth criteria for waiving the because they are not included in other insufficient detail about individual maintenance of effort requirement, Federal programs for Native Americans. projects. In addition, they said there established in Section 803(c) of the Response. The Native American. would be a lack of accountability to the Native American Programs Act. The Programs Act specifically includes funding source because a deficiency in a purpose of the requirement is to assure Hawaiian Natives in this program and project funded by another agency may that grantees do not substitute Federal we do not have the discretion to change adversely affect an ANA funded project. funds for local funds to carry out a the statute. R esponse. We do not believe that a project. single institutional audit will cost more Comment. One commenter requested Section 1336.31 Project approval procedures. than individual audits of several grants that the maintenance of effort to the same organization. We believe requirement should automatically be This section of the NPRM proposed a that all Federal agencies will accept an waived. reduction in the paperwork for applying institutional audit because it is a Response. Maintenance of effort is a for grants by providing for a multi-year Federal requirement established by legislative requirement which may not work plan. The phrase “and that is OMB in OMB Circulars A-102 and A - be waived except in accordance with consistent with the provisions of the 110. Institutional audits are intended to objective criteria in the regulations. 55820 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations

Real Property— § 1336.50(e) reporting paperwork requirement for The Secretary certifies, pursuant to Section 1336.50(e) of the NPRM grantees. The rule will not have an the Regulatory Flexibility Act (5 U.S.C. proposed to prohibit the use of ANA annual impact on the economy of $100 605(b)) that these final regulations have funds to purchase real property. million or more or meet any of the no significant economic impact on a Com m ent One respondent believed criteria for a major rule under Executive substantial number of small businesses that the purchase of real property with Order 12291. Further, the Secretary and other small entities. certifies, pursuant to the Regulatory ANA grant funds should be permitted. RECORDKEEPING AND REPORTING Flexibility Act (5 U.S.C. 605(b)), that the R esponse. We cannot accept this REQUIREMENTS suggestion. Purchase of real property is regulation will not have a significant not authorized by the Native American economic impact on a substantial Under the Paperwork Reduction Act Programs Act. number of small entities. of 1980, the Department is required to submit to the Office of Management and Office of Chief Executive— § 1336.50(f) REGULATORY FLEXIBILITY ACT Budget for approval any recordkeeping In § 1336.50(f) of the NPRM, we The Regulatory Flexibility Act of 1980, and/or reporting requirements imposed proposed to permit payment of project- Pub. L. 96-354, requires the Federal on the public. related salaries and expenses of the government to reduce the impact of The Administration for Native Office of Chief Executive of a federally rules and paperwork requirements on Americans is revising specific reporting recognized Indian tribal government. small businesses and other small requirements related to the following Comment. One respondent concurred entities. sections of this regulation: with the proposed regulation. Another asked if the Office of Chief Executive Annual Subpart Reporting requirements burden OMB approved includes all members of a Tribal hours Council. R esponse. The Office of the Chief Subpart C— Nativa American 1a Application for financial assistance Part IV of 9,000 Approved Feb. 23, 1983 Executive applies only to the Office of Projects. Standard Form 424 implementing the OMB through Feb. 28, 1985 OMB Circular A-102 process (includes 1 to 3 year No. 0980-0016. Chairman or Chief Executive of the work plan for financial assistance). tribe. Requests for further clarification 1b. Continuation (renewal) applications (budget 1,350 request and project progress report; item 3 should be made on an individual basis, below). if necessary. 945 Approved June 19, 1983 through Aug. 31, 1984 OMB Section 1336.52 Appeals. No. 0980-0144. 2,430 Approved May 12, 1963 This section of the NPRM proposed through Aug. 31, 1984 OMB what types of actions may be appealed No. 0980-0155. by a grantee, and the procedures for doing so. Com m ent One respondent requested These requirements total 13,725 hours Application Instrument will consist that ongoing grantees who are for all ANA recipients. This compares mainly of instructions and step-by-step unsuccessful in applying for renewal of with 15,750 hours currently estimated guidance to enable the applicant their grant be permitted to appeal. under standard Departmental grant organization to develop a successful R esponse. We believe that adequate application and reporting requirements. work plan which will allow a prompt, appeal rights were proposed in the This reduction is expected to occur as a soundly based ANA funding decision. NPRM. Careful consideration is given to result of the simplified continuation The focus of the new application each application, not only by a panel application process for multi-year instrument is the objectives, together which reviews the application against projects, and simplified project progress with the activities required to achieve published criteria, but by ANA program reporting and evaluation requirements. them and specified criteria which specialists and senior staff. Therefore delineate achievement of the objectives. we have made no changes in this Description of New Reporting Complementing the application provision. Requirements instrument is a narrative section which Other Comments A new comprehensive ANA program allows the applicant to describe the information evaluation system is under broader context of the proposed project Com m ent One respondent stated that and to discuss relevant needs and long the certification of no significant development. This new system will range goals. economic impact on a substantial employ simplified forms which we Objective Progress Reports must be number of small entities required by the believe can be prepared by the prepared three times a year through Regulatory Flexibility Act (5 U.S.C. applicant with minimum time and effort. August, 1984 by the grantee. The 605(b)) appears to reflect the concept Data collected at the point of * frequency and format of the report after that only adverse impact need be application will be the basis for considered. subsequent evaluation of the projects August, 1984 will depend on an R esponse. We believe that the funded. Abbreviated narrative project evaluation of the usefulness of the changes to the regulation will have a progress reports will be an integral part report. These reports will be in a new format which focuses on achievement of positive but not significant impact on of this carefully integrated reporting the activities specified in the grantee’s the well-being of ANA recipients. The system. Only data for which there is a Secretary’s certification rests on the specific, well-justified need will be work plan for the objective funded by magnitude rather than the direction of collected. Data essential to meeting ANA for the year. impact. ANA’s legislative mandate to evaluate Objective Evaluation Reports will be its program will be determined and designed to guide the grantee through a REGULATORY IMPACT ANALYSIS collected via user-oriented instruments. process of self-evaluation of This rule simplifies and clarifies the The instruments are briefly described accomplishments of its objectives current rule and clarifies somewhat the below: against quantitative criteria specified in Federal_^egister_/ Vol, 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations 55821

the application. The report will be deceased, was) regarded as an Alaskan promote the goal of economic and social prepared after the end of the project Native by an Alaskan Native Village or self-sufficiency for Native Americans. period. group. The term includes any Alaskan OMB approval has been obtained for Native as so defined, either or both of Subpart C—Native American Projects all three reports. whose adoptive parents are not Alaskan §1336.30 Eligibility. ' List of Subjects in 45 CFR Part 1336 Natives. American Indian or Indian means any (a) Financial assistance under Section Administrative practice and individual who is a member or a 803 may be made to public and private procedure, Grant programs—Indians. descendant of a member of a North nonprofit agencies, including, but not (Catalog of Federal Domestic Assistance American tribe, band, Pueblo or other limited to, governing bodies of Indian Program No. 13.612, Native American organized group of native people who tribes on Federal and State reservations; Programs—Financial Assistance Grants; are indigenous to the Continental United Alaskan Native villages and regional 13.661, Native American Programs— States, or who otherwise have a special corporations established by the Alaska Research, Demonstration, and Evaluation; Native Claims Settlement Act and other 13.662, Native American Programs—Training relationship with the United States or a and Technical Assistance) State through treaty, agreement, or some Acts; public and nonprofit private Dated: September 2,1983. other form of recognition. This includes agencies serving Native Hawaiians; and Indian organizations in urban or rural Jaime L. Manzano, any individual who claims to be an Indian and who is regarded as such by nonreservation areas. Acting Assistant Secretary for Human Development Services. the Indian tribe, group, band, or (b) Financial assistance under community of which he or she claims to Sections 804 and 805 may be made to Approved: November 23,1983, be a member. public or private agencies including “for- Margaret M. Heckler, ANA means the Administration for profit” organizations. Secretary for Health and Human Services. Native Americans within the Office of § 1336.31 Project approval procedures. For the reasons set forth in the Human Development Services. preamble, Part 1336 of Title 45 of the A pplicant means an organization (a) Each applicant for financial Code of Federal Regulations is revised which has applied for financial assistance under Section 803 of the Act to read as follows: assistance from ANA. must submit a work plan that falls Budget period means the interval of within the statutory requirements of the PART 1336— NATIVE AMERICAN time into which a project period is Act and meets the criteria of program PROGRAMS divided for budgetary and funding announcements published by ANA in the Federal Register. If the proposed Subpart A— Definitions purposes, and for which a grant is made. A budget period usually lasts one year project extends beyond one year, a Sec. in a multi-year project period. work plan must be submitted for the 1336.10 Definitions. Economic and social self-sufficiency period of time specified by the Subpart B— Purpose of the Native American means the ability of Native Americans Commissioner in the Program Program to define and achieve their own Announcement. ANA will determine 1336.20 Program purpose. economic and social goals. whether to approve all, part, or none of the requested work plan. Proposed Indian tribe means a distinct political Subpart C— Native American Projects changes to the approved work plan must community of Indians which exercises 1336.30 Eligibility. receive the written approval of ANA powers of self-government. 1336.31 Project approval procedures. prior to implementation by the recipient. 1336.32 Grants. Native American means American Indian, Indian, Native Hawaiian, and (b) ANA will negotiate the approved Subpart D— Evaluation Alaskan Native, as defined in the Act, or project goals, objectives, work plan, and 1336.40 General. in this section. the funding level for each budget period with each recipient. Subpart E— Financial Assistance Provisions Project period means, for discretionary grants and cooperative (c) The evaluation for the purpose of 1336.50 Financial and administrative making an approval decision on each requirements. agreements, the total time for which the 1336.51 Project period. recipient’s project or program is proposed work plan will take into 1336.52 Appeals. approved for support, including any account the proposal’s conformance with ANA program purposes and the Authority: 88 Stat. 2324 (42 U.S.C. 2991, et extension, subject to the availability of seq.). funds, satisfactory progress, and a recipient’s past performance and determination by HHS that continued accomplishments. Subpart A— Definitions funding is in the best interest of the (d) Financial assistance awarded under Section 803 may be renewed by § 1336.10 Definitions. Government. R ecipient means an organization ANA to grantees based on acceptable For the purposes of this Part, unless which has applied for financial work plans and past performance the context otherwise requires: assistance, and to which financial (Approved by the Office of Management and A ct means the Native American assistance is awarded under this Act. Budget under control number 0980-0016) Programs Act of 1974, as amended (42 U.S.C. 2991 et seq.). The term includes grantees and §1336.32 Grants. recipients of cooperative agreements. Alaskan Native means a person who Generally, financial assistance will be is an Alaskan Indian, Eskimo, or Aleut, Subpart B— Purpose of the Native made available for a one-year budget or any combination thereof. The term American Programs period and subsequent non-competing also includes any person who is continuation awards with the same § 1336.20 Program purpose. regarded as an Alaskan Native by the project period will also be for one year. Alaskan Native Village or group of The purpose of the Native American A recipient must submit a separate which he or she claims to be a member Programs authorized by the Native application to have financial assistance and whose father or mother is (or, if American Programs Act of 1974 is to continued for each subsequent year, 55822 Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations with the same project period, but the (2) Application. If an applicant wishes inconsistent with the purposes of this continuation application need only to request a waiver of the requirement Part. contain budget and a summary progress for a 20 percent non-Federal matching (d) Delegation of project operations. report. share, it must include with is application (1) Each subgrant awarded to a delegate for funding a written justification that agency must have specific prior Subpart D— Evaluation clearly explains why the applicant approval by ANA. Such delegation must § 1336.40 General. cannot provide the matching share and be formalized by written agreement. how it meets the criteria. (2) The agreement must specify the Progress reports and continuation (3) Criteria. Both of the following activities to be performed by the applications must contain sufficient criterial must be met for an applicant to delegate agency, the time schedule, the information for ANA to determine the be eligible for a waiver of the non- policies and procedures to be followed, extent to which the recipient meets Federal matching requirement: the dollar limitations, and the costs ANA project evaluation standards. (1) Applicant lacks the available allowed. The applicant must submit a Sufficient information means resources to meet part or all of the non- budget for each delegate agency as part information adequate to enable ANA to Federal matching requirement. This compare thé recipient’s of its application. must be documented by an institutional accomplishments with the goals and (e) Unallowable costs. ANA funds audit if available, or a full disclosure of may not be used by recipients to activities of the approved work plan and applicant’s total assets and liabilities. with ANA project evaluation criteria. purchase real property. (ii) Applicant can document that (f) Office o f the Chief Executive. The (Approved by the Office of Management and reasonable efforts to obtain cash or costs of salaries and expenses of the Budget under control numbers 0980-0155 and inkind contributions for the purposes of 0980-0144) Office of Chief Executive of a federally the project from third parties have been recognized Indian tribal government (as Subpart E— Financial Assistance unsuccessful. Evidence of such efforts defined in § 74.3 of this title) are can include letters from possible sources allowable, provided that such costs § 1336.50 Financia! and administrative of funding indicating that the requested exclude any portion of salaries and requirements resources are not available for that expenses of the Office of Chief (a) G eneral. The following HHS project. The requests must be Executive that are a cost of general regulations apply to all grants awarded appropriate to ¿he source in terms of government and provided they are under this Part: project purpose, applicant eligibility, related to a project assisted under this 45 CFR Part 16 Department grant and reasonableness of the request Part. appeals process. (4) Approval. For a waiver to be 45 CFR Part 46 Protection of human approved, ANA must determine that it §1336.51 Project period. subjects. will not prevent the award of other The Notice of Financial Assistance 45 CFR Part 74 Administration of grants at levels it believes are desirable Awarded will specify the period for grants. for the purposes of the program. Waiver which support is intended, although the 45 CFR Part 75 Informal grant of all or part of the non-Federal share Department makes funding appeals procedures (indirect cost rates shall apply only to the budget period for commitments only for one budget period and other cost allocations). which application was made. at a time. Financial assistance under 45 CFR Part 80 Nondiscrimination (c) Maintenance of effort. (1) Section 803 of the Act may be ongoing, under programs receiving Federal Applications for financial assistance subject to policy decisions and funding assistance through the Department of under this Part must include either a limitations. Health and Human Services— statement of compliance with the Effectuation of Title VI of the Civil maintenance of effort requirement §1336.52 Appeals. Rights Act of 1964. contained in Section 803(c) of the A ct or (a) Right to appeal. Recipients whose 45 CFR Part 81 Practice and a request for a waiver, in accordance financial assistance has been suspended procedure for hearing under Part 80. with criteria established in this or terminated, or whose non-competing 45 CFR Part 84 Nondiscrimination on paragraph. continuation applications for refunding the basis of handicap in federally (2) To be eligible for a waiver of the have been denied, may appeal such assisted programs. maintenance of effort requirement, the decisions using the procedures 45 CFR Part 86 Nondiscrimination on applicant must demonstrate to ANA that described in this section. Denial of an the basis of sex in education programs the organization whose funds previously application for refunding means the and activities receiving or benefiting supported the project discontinued its refusal to fund a non-competing from Federal financial assistance. support continuation application for a budget 45 CFR Part 91 Nondiscrimination on (i) As a result of funding limitations; period within a previously approved the basis of age in programs or activities and project period. receiving Federal financial assistance (ii) Not as a result of an adverse (b) Suspension, termination, and from HHS. evaluation of the project’s purpose or denial of funding. Procedures for and (b) Cost sharing or matching.—(1) the manner in which it was conducted; definitions of suspension and Policy. Recipients of financial and termination of financial assistance are assistance under Sections 803, 804, and (iii) Not because it was anticipated published in 45 CFR 74.110-74.116. 805 of the Act are required to provide a that Federal funds would replace the Appeals from a denial of refunding will matching share of 20 percent of the original source of project funding. be treated the same procedurally as approved cost of the assisted project. (3) In addition, the applicant must appeals to termination of financial This requirement may be waived in demonstrate in the request for a waiver assistance. The term “denial of accordance with the criteria in that the maintenance of effort refunding” does not include policy § 1336.50(b)(3). The matching share requirement would result in decisions to eliminate one or more requirement may be met using either insurmountable hardship for the activities of an approved project A cash or in-kind contributions. recipient or would otherwise be decision not to fund an application at FcdcralJRegister^/ Vol. 48, No. 242 / Thursday, December 15, 1983 / Rules and Regulations 55823 the end of the recipients’s project period During this period of time, the recipient Departmental Grant Appeals Board is not a “denial of refunding” and is not has the opportunity to show cause to under the provisions of 45 CFR Part 16. subject to appeal. ANA why such action should not be (3) If a recipient appeals a suspension (c) H earings. (1) A recipient shall be taken. of more than 30 days which given an initial written notice at least (2) A recipient who has received final subsequently results in termination of thirty (30) days prior to the suspension written notice of termination or denial of financial assistance, both actions may or termination of financial assistance refunding, or whose financial assistance except in emergency situations, which be considered simultaneously by the will be suspended for more than 30 Departmental Grant Appeals Board. occur when Federal property is in days, or who has other appealable imminent danger of dissipation, or when disputes with ANA as provided by 45 [FR Doc. 83-33335 Filed 12-14-83; 8:45 am] life, health, or safety is endangered. CFR Part 16 may request review by the B i l l i n g c o d e 4130- 01-M

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Reader Aids Federal Register Vol. 48, No. 242

Thursday, December 15, 1983

INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING DECEMBER

PUBLICATIONS At the end of each month, the Office of the Federal Register Code of Federal Regulations publishes separately a list of CFR Sections Affected (LSA), which CFR Unit 202-523-3419 lists parts and sections affected by documents published since 523-3517 the revision date of each title. General information, index, and finding aids 523-5227 3 CFR 1930...... 54361 Incorporation by reference 523-4534 1941™...... 54361 Printing schedules and pricing information 523-3419 Executive Orders: 11830 (Amended by 1942...... „ 54485 Federal Register EO 12450)...... 55409 1945...... 54361 Corrections 523-5237 12450...... 55409 8 CFR Daily Issue Unit 523-5237 Proclamations: General information, index, and finding aids 523-5227 5133...... 54453 238...... 54809, 54810, 55553 Privacy Act 523-4534 5134.__ 54465 9 CFR Public Inspection Desk 523-5215 5135 . „.55407 5136 ...... 55719 81...... „ 54574, 55402, 55722 Scheduling of documents 523-3187 92...... 54214, 54469 Laws 5 CFR Proposed Rules: Indexes 523-5282 870 . 54949 78...... 54640 Law numbers and dates 523-5282 871 ...... 54949 307...... 54361 523-5266 872...... „...... 54949 350 _ 54361 Slip law orders (GPO) 275-3030 873 ...... 54949 351 ...... „ ...... 54361 354 ...... 54361 Presidential Documents 7 CFR 355 _ 54361 Executive orders and proclamations 523-5233 51...... 54807 362...... 54361 Public Papers of the President * 523-5235 271 ..... 54951 381...... 54361 Weekly Compilation of Presidential Documents 523-5235 272 ...... 54951 10 CFR United States Government Manual 523-5230 273 ...... 54951 Proposed Rules: 301...... „...... 54577, 55547 SERVICES 2______54243, 54499 403...... 55547 60____ 55745 Agency services 523-5237 420.„...... 55411 72...... „.54499 Automation 523-3408 442...... 55418 210______55577 Library 523-4986 905...... 55421.55721 430___ 55133 Magnetic tapes of FR issues and CFR 275-2867 907„.... 54584, 55551 volumes (GPO) 908...... 55421 12 CFR Public Inspection Desk 523-5215 910...... 54211, 54467, 55103, 4 ...... 54584 Special Projects 523-4534 55421,55552 5 ______54584 Subscription orders (GPO) 783-3238 912.. ™... 55421 7...... 54319 Subscription problems (GPO) 275-3054 913______55421 30...... 55108 TTY for the deaf 523-5229 932...... 54211 204...... 54587 981____ 54467 335...... 55553 984...... „54213 FEDERAL REGISTER PAGES AND DATES, DECEMBER 505d..... 55378 987...... 54213 546...... 55279 989__ 54213 563_____ 54320, 54588, 55279 54211-54318...... 1 1033...... 55275 571...... 54320 54319-54452...... 2 1139...... 55276 614 ...... 54469 54453-54576...... ™...... 5 1446______54807 615 ...... 54469 54577-54806...... 6 1944 .... 54809, 55277 619„...... 54469 54807-54948...... 7 1945 _ 55103 701...... 55422, 55423 54949-55102...... 8 1980...... „...... 55103 Proposed Rules: 55103-55274...... 9 3015...... 54317 226...... 54642 55275-55406...... 12 Proposed Rules: 744...... 55478 55407-55546...... 13 6 ...... 54242 55547-55718...... 14 58...... 54622 14 CFR 55719-55824...... „.15 355...... 54627 39...... 54467, 54477, 54588, 446...... „...... 54825 55108-55112 656...... 55132 71...... 54478, 55113, 55114 910...... 55472 97...... 55114 932...... 54361 221...... 54589 1004...... 54638 253______54589 1036...... „„...... 54485 291______54591, 54592 1040...... 54242, 54983 385...... 55424 1126______54243, 55290 398____ 55564 1150...... * .....55132 Proposed Rules: 1207...... 54639 Ch. I______55134 1491„...... 55478 39...... 55135, 55136 1910______54361 71______54505, 54645, 54646, 1924...... 54361 54829,54830,55136-55139 ii Federal Register / Vol. 48, No. 242 / Thursday, December 15, 1983 / Reader Aids

291...... 54647 351...... 55579 938...... 54251 52...... 54377, 54654, 54832, 296...... 54647 436...... 54364 946...... 54376 54833, 55482, 55483 297...... 54647 440...... 54364 60...... 55395 442...... 54364 31 CFR 81...... 55582 15CFR 444...... 54364 353...... 55457 86...... 55484 39...... 54327 446...... 54364 145..... 54507 71...... 54328, 54329 448...... 54364 32 CFR 166...... 55583 73...... 54329 450...... 54364 166...... 55728 180...... 55584 929...... 55117 452...... 54364 190...... 55282 228...... 55000 Proposed Rules: 455...... 54364 505...... 55125 610...... 55399 0...... 55479 761...... 55076 928...... 55748 22 CFR 33 CFR 773...... 54836 514...... 55124 100...... 54222, 54223 41 CFR 16 CFR Proposed Rules: 117...... 54975, 54976, 55731 1-1...... 54617 3...... 54810 41...... 54995 151...... 54977 1-16...... 54617 13...... 54330-54333, 54969, 301...... 55298 155...... 54977 8 -3 ...... 54351 55424 165...... 55732 23 CFR 101-40...... 55737 Proposed Rules: 183...... 55733 Proposed Rules: 1610...... 55578 140...... 54970 204...... 54596 Ch. 7...... 54655 625...... 54336 207.. ...„...... 54596 101-8...... 55485 17 CFR 630...... 54972 Proposed Rules: 42 CFR 145 ...... 55280 635...... 55452 89...... 54997 146 ...... 55280 655...... 54336 117...... 54998 431...... ■...... 54224, 55128 204...... 54253 434...... 55128 211...... 54810 24 CFR 230...... 55722 435...... 55128 Ch. 35 CFR 239 ...... 55722 IX...... 55452 447...... 55128 Ch. 249..... 54436 X...... 55452 111...... 54599 Ch. 274...... 55722 XI...... 55452 Proposed Rules: 221...... 54571 36 CFR Proposed Rules: 57...... 55272 570...... 54329 1 ...... 54977 240 ...... 54506 43 CFR 1895...... 54480 2 ...... 54977 426...... 54748 18 CFR 26 CFR 3 . 54977 4...... ,...... 54977 2650...... 54483 12...... 55425 1...... 54594, 55453, 55728 5...... 54977 3460...... 54819 35...... 55281, 55429 31...... 55728 6.. .„... . 54977 Public Land Orders: 125...... 55121 301...... 55453 7...... 54977 6389 (Corrected by 225...... 55121 Proposed Rules: 9...... 54977 PLO 6492)...... 54619 271...... 54479, 54943, 55437 1...... 54376, 55143 12...... 54977 6456 (Corrected).... . 54978 274...... 54943 11...... 54376 13...... 54977 6466...... 55739 282...... 54215, 55121 20...... 54376, 55143 223...... 54812 6491 ...... 54618 290...... 55438 25...... 54376, 55143 908...... 55458 6492 ...... „54619 356...... 55121 52...... 55580 1151...... 54223 Proposed Rules: Proposed Rules: 2700...... 54656 271...... 54648-54651 27 CFR 37 CFR 44 CFR 282...... „.55294 9...... 54220 304...... 54223 1302...... 55140 Proposed Rules: 64„„..„„...... 55287} 55571 178...... 38 CFR 65...... „.....„...... 54483, 54820 19 CFR ...... 55298 3...... I...... 54482 Proposed Rules: 101...... 54216 28 CFR 67...... 54508, 54659 141...... 54217 0 39 CFR ...... :...... 54595 45 CFR 177...... 55281, 55727 111...... -55283 29 CFR 952...... 55125 400...... 55300 20 CFR 1336...... 00000 1601...... 54222 Proposed Rules: 404...... 55452 2670...... 54340 10...... 54831, 55299 46 CFR Proposed Rules: 2672...... 54340 3001...... 54254 531...... 55573 404...... 54243 Proposed Rules: Proposed Rules: 1926...... 54652 40 CFR 21 CFR 310...... 54245 52...... 54347, 54599, 55284, 508...... „...... 54256 5...... 54480 30 CFR 55568 528...... 55144 136...... 54593 55...... 54975 60 ...... 54978, 55072, 55670 145...... 54593 56...... 54975 61 ...... 54978, 55266 47 CFR 172...... 55727 57...... 54975 65...... 55285 Ch. I...... 55465 182...... 54970, 55122 75...... 54975 81...... 54348, 54482, 55286 0...... 54979 184...... 54336, 54970, 55122 77...... 54975 86...... ^...... 55068 2...... 55740, 55741 193...... 54220, 54970 250...... 55455; 55565 145...... 54349, 54350, 55127 21 .... 55740, 55741 510...... 55728 251...... 55455 171...... 55569 22 ...... 54619 522...... 55728 Proposed Rules: 180...... 54818, 55569, 55737 64...... 54351 561...... 54220, 55452 700...... 55482 271...... 54616, 55570 69...... 54979, 55742 Proposed Rules: 701...... 55482 469...... 55690 73 ...... 54980, 55466-55469, 133...... 55749, 55752 750...... 55482 707...... 55462 55573 161...... 54364, 54652 755...... 55482 712...... 55685 74 ...... 55740, 55741 182...... 54983 ' 906...... 54249 716...... 55686 83...... 54981, 55574 184...... 54364, 54983, 54990 913...... 55580 Proposed Rules: 90...... 54981, 55742 201...... 54993 920...... 54996 51...... 54999 94.. .. . 55740, 55741 Federal Register / Vol, 48, No. 242 / Thursday, December 15, 1983 / Reader Aids iii

Proposed Rules: Ch. 1...... 54518, 54667 1...... 55004, 55006, 55585 22...... 54668 43...... 55004 73...... 54669, 55006, 55588- 55592 76...... 55006 97...... 54670 48CFR Proposed Rules: Ch. 5..... „ 54379, 54523, 54524, 55489, 55755 Ch. 15...... 55594 49 CFR 71...... 55289 107...... 55469 171...... 55469 172...... 55469 173...... 55469 175...... 55469 178...... 55469 1039...... 55744 1152...... 54235, 55128 Proposed Rules: Ch. X...... 54844 23...... 54379 1056...... 54844 1310...... 55149 50 CFR 654...... 54821 658...... 54821 672...... 55470 Proposed Rules: 17...... 55100, 55595 216...... 55755 611...... 54525 663...... 54671 671...... '...... 54383 672i...... 54525

LIST OF PUBLIC LAWS

Note: No public bills which have become law were received by the Office of the Federal Register for inclusion in today’s List of Public Laws. Last Listing December 14, 1983.

Just Released

Code of Federal Regulations

Revised as of July 1,1983

Quantity Volume Price Amount

Title 29—Labor (Part 1920 to End) $8.00 $ (Stock No. 022-003-95192-0)

Title 40— Protection of Environment

(Parts 0 to 51) (Stock No. 022-003-95218-7) 7.50

(Parts 81 to 99) (Stock No. 022-003-95221-7) 7.50

A cumulative checklist of CFR issuances for 1982-83 appears every Monday in the Federal Register in the Total Order $ Reader Aids section. In addition, a checklist of current CFR volumes, comprising a complete CFR set, appears each month in the LSA (List of CFR Sections Affected). Please do not detach

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