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2 III

Contents Federal Register Vol. 61, No. 119

Wednesday, June 19, 1996

Agricultural Marketing Service Coast Guard RULES PROPOSED RULES Limes and avocados grown in Florida, 31004–31006 Merchant marine officers and seamen: Nectarines and peaches grown in California, 31006 Towing vessels; manning and licensing for officers, Potatoes (Irish) grown in— 31332–31347 Washington, 31006–31007 Specialty crops; import regulations: Commerce Department Peanuts, 31306–31322 See International Trade Administration See National Oceanic and Atmospheric Administration Agriculture Department See Agricultural Marketing Service Consumer Product Safety Commission See Animal and Plant Health Inspection Service NOTICES See Food and Consumer Service Meetings; Sunshine Act, 31090 See Rural Utilities Service Defense Department Air Force Department See Air Force Department NOTICES See Defense Information Systems Agency Meetings: NOTICES Scientific Advisory Board, 31090 Federal Acquisition Regulation (FAR): Agency information collection activities: Alcohol, Tobacco and Firearms Bureau Submission for OMB review; comment request, 31090 RULES Alcoholic beverages: Defense Information Systems Agency Wine and other liquors; miscellaneous amendments NOTICES Miscellaneous amendments, 31029–31035 Senior Executive Service: NOTICES Performance Review Board; membership, 31090–31091 Organization, functions, and authority delegations: Chief, Product Compliance Branch, et al., 31223–31224 Education Department Animal and Plant Health Inspection Service RULES Bilingual education: RULES Graduate fellowship program, 31350–31355 Plant-related quarantine, domestic: Postsecondary education: Mediterranean fruit fly, 31003–31004 Student assistance general provisions— Architectural and Transportation Barriers Compliance Tests for determining student eligibility; approval and Board administration; reporting and recordkeeping NOTICES requirements, 31035 Meetings: William D. Ford Federal direct student loan program, Americans with Disabilities Act Accessibility Guidelines 31358–31362 Review Advisory Committee, 31089 NOTICES Agency information collection activities: Centers for Disease Control and Prevention Proposed collection; comment request, 31091, 31092 NOTICES Grants and cooperative agreements; availability, etc.: Grants and cooperative agreements; availability, etc.: Indian vocational education program, 31364–31382 Emerging infections; genetics of antimicrobial resistance Meetings: and novel methods for detection of antiviral President’s Advisory Commission on Educational resistance; applied research, 31121–31124 Excellence for Hispanic Americans; correction, 31225 Human immunodeficiency virus (HIV)— Innovative interventions; outcome evaluations, 31128– Employment and Training Administration 31131 NOTICES National system of integrated activities for prevention Adjustment assistance: among students, especially postsecondary students Carter-Wallace, Inc., 31164 and those in high-risk situations, 31124–31128 Casablanca Fan Co., 31164 Microbiology; resident postdoctoral research associates Chevron Overseas Petroleum, Inc., 31165 program, 31131–31133 Controlled Power Corp., 31165 Violence prevention programs, 31133–31137 Cranston Print Works Co., 31165 Longitudinal evaluations, 31137–31140 Eagle Garment Finishing, Inc., 31166 Joe Benbasset, Inc., 31166 Children and Families Administration Norminjil Sportswear Corp., 31166 NOTICES Roseburg Forest Product, 31166 Agency information collection activities: Sea Isle Sportswear, 31166–31167 Submission for OMB review; comment request, 31140– Toymax, Inc., 31167 31141 United Technologies Automotive, Inc., 31167 IV Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Contents

Agency information collection activities: Federal Aviation Administration Proposed collection; comment request, 31167 RULES NAFTA transitional adjustment assistance: Airworthiness directives: Burlington Industries, Inc., 31168 AlliedSignal Inc., 31007–31009 Cambridge Industries, Inc., 31168 McDonnell Douglas, 31009–31013 Crown Pacific L.P., 31168 Airworthiness standards: Eagle Garment Finishing, Inc., 31168 Aircraft engines; new one-engine-inoperative ratings; Pope & Talbot, Inc., 31168–31169 definitions and type certification standards; rulemaking petition, 31324–31329 Energy Department Class E airspace, 31013–31020 See Federal Energy Regulatory Commission Restricted areas, 31021–31022 NOTICES VOR Federal airways, 31020–31021 Electricity export and import authorizations, permits, etc.: PROPOSED RULES Enron Power Marketing, Inc., 31092–31093 Airworthiness directives: Grants and cooperative agreements; availability, etc.: Boeing, 31061–31063 Sorbent development/commercialization; partnering McDonnell Douglas, 31059–31061 opportunities, 31093–31094 Class D airspace, 31063–31064 Class E airspace, 31064–31070 Environmental Protection Agency NOTICES Acquisition Management System; availability, 31210 RULES Airport noise compatibility program: Air quality implementation plans; approval and Scottsdale Airport, AZ, 31210–31211 promulgation; various States; air quality planning Passenger facility charges; applications, etc.: purposes; designation of areas: Alexander Hamilton Airport, U.S. Virgin Islands, 31211 Ohio; correction, 31225 Wichita Mid-Continent Airport, KA, 31211–31212 Air quality implementation plans; approval and promulgation; various States: Federal Communications Commission Louisiana, 31035–31037 RULES Pesticides; tolerances in food, animal feeds, and raw Communications equipment: agricultural commodities: Radio frequency devices— 1,1,1,2-Tetrafluoroethane, 31042–31044 Personal computers and peripherals; equipment Aluminum tris (O-ethylphosphonate), 31039–31041 authorization procedures streamlining, 31044– Oxidized pine lignin, sodium salt, 31037–31039 31051 Quizalofop ethyl, 31041–31042 Radio services, special: PROPOSED RULES Signal boosters (one-way or two-way) use by licensees Air quality implementation plans; approval and without separate Commision authorization, 31051– promulgation; various States: 31053 Louisiana, 31073 PROPOSED RULES Pesticides; tolerances in food, animal feeds, and raw Radio stations; table of assignments: agricultural commodities: Arkansas, 31084–31085 3-Dichloroacetyl-5-(2-furanyl)-2,2-dimethyloxazolidine, California, 31083 31077–31079 Hawaii, 31083–31084 Chlorothalonil, 31073–31075 Mississippi, 31085 Quizalofop ethyl, 31079–31081 New York, 31084 Sodium salt of fomesafen, 31075–31077 NOTICES Triadimefon, 31081–31083 Agency information collection activities: NOTICES Submission for OMB review; comment request, 31111– Agency information collection activities: 31112 Submission for OMB review; comment request, 31101– Reporting and recordkeeping requirements, 31112 31102 Confidential business information and data transfer, 31102 Federal Emergency Management Agency National Response Team’s integrated contingency plan NOTICES guidance; availability; correction, 31103–31104 Agency information collection activities: Pesticide registration, cancellation, etc.: Submission for OMB review; comment request, 31112– Bedoukian Research, Inc., et al., 31104–31105 31115 DuPont Diuron Technical Herbicide, etc., 31105–31108 Pesticides; emergency exemptions, etc.: Federal Energy Regulatory Commission Metalaxyl, etc., 31108–31109 NOTICES Research and Development Office; strategic plan; Electric rate and corporate regulation filings: correction, 31109–31110 Illinois Power Co. et al., 31096–31099 Superfund; response and remedial actions, proposed Natural gas certificate filings: settlements, etc.: Tennessee Gas Pipeline Co. et al., 31100–31101 Indiana Woodtreating Corp. Site, IN, 31110 Applications, hearings, determinations, etc.: Distrigas of Massachusetts Corp., 31094 Equal Employment Opportunity Commission EnerConnect, Inc., 31094–31095 NOTICES Gas Research Institute, 31095 Agency information collection activities: Lisco, Inc., 31095 Proposed collection; comment request, 31110–31111 National Fuel Gas Supply Corp., 31095–31096 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Contents V

Olympic Natural Gas Co., 31096 Food and Consumer Service Pacific Power Solutions, LLC, 31096 NOTICES Agency information collection activities: Federal Highway Administration Proposed collection; comment request, 31088–31089 NOTICES Speed limit enforcement certification: Food and Drug Administration National maximum speed limit repeal; study of RULES associated State costs and benefits, 31212–31216 Animal drugs, feeds, and related products: New drug applications— Federal Mine Safety and Health Review Commission Neomycin sulfate soluble powder, 31027 NOTICES Oxytetracycline injecion, 31027–31028 Meetings; Sunshine Act, 31169 Spectinomycin injection, 31028 NOTICES Federal Prison Industries Food additive petitions: NOTICES General Electric Co., 31141 Agency information collection activities: Proposed collection; comment request, 31149–31150 General Accounting Office NOTICES Federal Railroad Administration Meetings: PROPOSED RULES Federal Accounting Standards Advisory Board, 31121 Railroad workplace safety: Roadway worker protection General Services Administration Advisory committee meetings, 31085–31086 NOTICES Hearing, 31085 Federal Acquisition Regulation (FAR): Agency information collection activities: Federal Reserve System Submission for OMB review; comment request, 31090 NOTICES Banks and bank holding companies: Health and Human Services Department Change in bank control, 31115 See Centers for Disease Control and Prevention Formations, acquisitions, and mergers, 31115–31116 See Children and Families Administration Permissible nonbanking activities, 31116 See Food and Drug Administration Meetings; Sunshine Act, 31116–31117 See Health Care Financing Administration See Health Resources and Services Administration Federal Trade Commission NOTICES Health Care Financing Administration Prohibited trade practices: NOTICES American Stores Co. et al., 31117 Agency information collection activities: BBDO Worldwide, Inc., 31117 Proposed collection; comment request, 31141–31142 California Medical Association, 31117 Submission for OMB review; comment request, 31142 Eli Lilly & Co., Inc., 31117–31118 Food Service Equipment Industry Inc. et al., 31118 Genetus Alexandria, Inc., et al., 31118 Health Resources and Services Administration Harley-Davidson Motor Co., 31118–31119 NOTICES Latronica, Frank A., Jr., et al., 31119 Agency information collection activities: Local Health System, Inc., et al., 31119–31120 Proposed collection; comment request, 31143 Papermakers Felt Association et al., 31120 Santa Clara County Motor Car Dealers Association, 31120 Housing and Urban Development Department Supermarket Development Corp. et al., 31120 NOTICES Upjohn Co. et al., 31120–31121 Organization, functions, and authority delegations: Native American Programs Field Office Administrators, Financial Management Service 31143–31144 See Fiscal Service Interior Department Fiscal Service See Fish and Wildlife Service PROPOSED RULES See Land Management Bureau Marketable book-entry Treasury bills, notes, and bonds; sale See National Park Service and issue; uniform offering circular; amendments, See Surface Mining Reclamation and Enforcement Office 31072–31073 RULES Acquisition regulations: Fish and Wildlife Service Forms; CFR part removed, 31053–31054 RULES Solicitation provisions and contract clauses, 31053 Endangered and threatened species: Maguire daisy, 31054–31058 International Trade Administration NOTICES NOTICES Endangered and threatened species permit applications, International buyer program; domestic trade shows support, 31144 31384–31385 VI Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Contents

International Trade Commission National Park Service NOTICES NOTICES Import investigations: Environmental statements; availability, etc.: Agricultural tractors under 50 power take-off horsepower, Denali National Park and Preserve, AK, 31146–31147 31148 Dynamic random access memory controllers, multi-layer Nuclear Regulatory Commission integrated circuits, chipsets and products containing NOTICES same, 31148–31149 Metric system conversion; policy statement, 31169–31171 Flash memory circuits and products containing same, Operating licenses, amendments; no significant hazards 31149 considerations; biweekly notices, 31171–31192 Hardware logic emulation systems and components, 31149 Occupational Safety and Health Review Commission NOTICES Justice Department Meetings; Sunshine Act, 31192 See Federal Prison Industries

Labor Department Public Health Service See Employment and Training Administration See Centers for Disease Control and Prevention NOTICES See Food and Drug Administration Agency information collection activities: See Health Resources and Services Administration Submission for OMB review; comment request, 31150– 31151 Railroad Retirement Board Grants and cooperative agreements; availability, etc.: NOTICES Women in Apprenticeship and Nontraditional Meetings; Sunshine Act, 31192 Occupations Act; demonstration program, 31152– 31163 Rural Utilities Service Organization, functions, and authority delegations: NOTICES Deputy Assistant Secretary, 31164 Electric loans: Quarterly municipal interest rates, 31089 Land Management Bureau NOTICES Securities and Exchange Commission Alaska Native claims selection: NOTICES Cook Inlet Area, Inc., 31144–31145 Agency information collection activities: Environmental statements; availability, etc.: Proposed collection; comment request, 31192–31193 Expanded Moxa Arch Area, WY; natural gas development Submission for OMB review; comment request, 31193 project, 31145 Self-regulatory organizations: Realty actions; sales, leases, etc.: Clearing agency registration applications— Arizona, 31145–31146 Cedel Bank; exemption, 31201–31207 Self-regulatory organizations; proposed rule changes: Mine Safety and Health Federal Review Commission Municipal Securities Rulemaking Board, 31207–31208 See Federal Mine Safety and Health Review Commission New York Stock Exchange, Inc., 31208–31209 Applications, hearings, determinations, etc.: National Aeronautics and Space Administration Fortis Benefits Insurance Co. et al., 31193–31197 NOTICES Medicore, Inc., 31197 Federal Acquisition Regulation (FAR): Sirrom Capital Corp., 31197–31200 Agency information collection activities: Templeton Global Utilities, Inc., 31200–31201 Submission for OMB review; comment request, 31090 Meetings: Small Business Administration International Space Station Advisory Committee, 31169 NOTICES National Highway Traffic Safety Administration Meetings; district and regional advisory councils: PROPOSED RULES Connecticut, 31209 Motor vehicle safety standards: School bus manufacturers and school transportation Social Security Administration providers; public meeting, 31086–31087 RULES NOTICES Supplemental security income: Motor vehicle safety standards: Aged, blind, and disabled— Nonconforming vehicles— Vocational rehabilitation services payments, 31022– Importation eligibility; determinations, 31216–31222 31027 Speed limit enforcement certification: National maximum speed limit repeal; study of Surface Mining Reclamation and Enforcement Office associated State costs and benefits, 31212–31216 PROPOSED RULES Permanent program and abandoned mine land reclamation National Oceanic and Atmospheric Administration plan submissions: RULES Virginia, 31071–31072 Fishery conservation and management: NOTICES Alaska; fisheries of Exclusive Economic Zone; Federal Agency information collection activities: regulatory reform, 31228–31304 Proposed collection; comment request, 31147 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Contents VII

Surface Transportation Board Part III NOTICES Department of Agriculture, Agricultural Marketing Service, Railroad operation, acquisition, construction, etc.: 31306–31322 Sheffield Station Junction Railway, 31222 Railroad services abandonment: Part IV Missouri Pacific Railroad Co., 31222–31223 Department of Transportation, Federal Aviation Administration, 31324–31329 Transportation Department See Coast Guard See Federal Aviation Administration Part V See Federal Highway Administration Department of Transportation, Coast Guard, 31332–31347 See Federal Railroad Administration See National Highway Traffic Safety Administration Part VI See Surface Transportation Board Department of Education, 31350–31355 NOTICES Committees; establishment, renewal, termination, etc.: Part VII Commercial Space Transportation Advisory Board, Department of Education, 31358–31362 31209–31210 Part VIII Treasury Department Department of Education, 31364–31382 See Alcohol, Tobacco and Firearms Bureau See Fiscal Service NOTICES Part IX Organization, functions, and authority delegations: Department of Commerce, International Trade Director, Tax Advisory Program for Central and Eastern Administration, 31384–31385 Europe and Former Soviet Union, et al., 31223

United States Institute of Peace Reader Aids NOTICES Additional information, including a list of public laws, ‘rants and cooperative agreements; availability, etc.: telephone numbers, reminders, and finding aids, appears in Peaceful resolution of international conflict, projects to the Reader Aids section at the end of this issue. promote, 31224

Separate Parts In This Issue Electronic Bulletin Board Free Electronic Bulletin Board service for Public Law Part II numbers, Federal Register finding aids, and a list of Department of Commerce, National Oceanic and documents on public inspection is available on 202–275– Atmospheric Administration, 31228–31304 1538 or 275–0920. VIII Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR 31084, 31085 301...... 31003 48 CFR 911...... 31004 1452...... 31053 915...... 31004 1453...... 31053 916...... 31006 917...... 31006 49 CFR 946...... 31006 Proposed Rules: 999...... 31006 214 (2 documents) ...... 31085 14 CFR 571...... 31086 1...... 31324 50 CFR 33...... 31324 17...... 31054 39 (2 documents) ...... 31007, 671...... 31228 31009 672...... 31228 71 (10 documents) ...... 31013, 673...... 31228 31014, 31015, 31016, 31017, 675...... 31228 31018, 31019, 31020 676...... 31228 73 (2 documents) ...... 31021, 677...... 31228 31022 679...... 31228 Proposed Rules: 39 (2 documents) ...... 31059, 31061 71 (7 documents) ...... 31063, 31064, 31066, 31067, 31068, 31069 15 CFR 902...... 31228 20 CFR 404...... 31022 416...... 31022 21 CFR 520...... 31027 522 (2 documents) ...... 31027, 31028 556...... 31028 27 CFR 24...... 31029 70...... 31029 170...... 31029 30 CFR Proposed Rules: 946...... 31071 31 CFR Proposed Rules: 356...... 31072 34 CFR 535...... 31350 562...... 31350 668...... 31035 685...... 31358 40 CFR 52 (2 documents) ...... 31035 180 (3 documents) ...... 31037, 31039, 31041, 31042 Proposed Rules: 52...... 31073 180 (6 documents) ...... 31073, 31075, 31077, 31079, 31081 185...... 31081 46 CFR Proposed Rules: 10...... 31332 15...... 31332 47 CFR 0...... 31044 2...... 31044 15...... 31044 22...... 31051 90...... 31051 101...... 31051 Proposed Rules: 73 (5 documents) ...... 31083, 31003

Rules and Regulations Federal Register Vol. 61, No. 119

Wednesday, June 19, 1996

This section of the FEDERAL REGISTER ahead on (202) 690–2817 to facilitate United States quarantined because of contains regulatory documents having general entry into the comment reading room. the Medfly. applicability and legal effect, most of which are keyed to and codified in the Code of FOR FURTHER INFORMATION CONTACT: Mr. Immediate Action Michael B. Stefan, Operations Officer, Federal Regulations, which is published under The Administrator of the Animal and 50 titles pursuant to 44 U.S.C. 1510. Domestic and Emergency Operations, Plant Health Inspection Service has PPQ, APHIS, 4700 River Road Unit 134, determined that there is good cause for The Code of Federal Regulations is sold by Riverdale, MD 20737–1236, (301) 734– the Superintendent of Documents. Prices of publishing this interim rule without 8247; or e-mail: prior opportunity for public comment. new books are listed in the first FEDERAL [email protected]. REGISTER issue of each week. The areas in California affected by this SUPPLEMENTARY INFORMATION: document were quarantined to prevent the Medfly from spreading to Background DEPARTMENT OF AGRICULTURE noninfested areas of the United States. The Mediterranean fruit fly, Ceratitis Because the Medfly has been eradicated Animal and Plant Health Inspection capitata (Wiedemann), is one of the from these areas, and because the Service world’s most destructive pests of continued quarantined status of these numerous fruits and vegetables. The areas would impose unnecessary 7 CFR Part 301 Mediterranean fruit fly (Medfly) can regulatory restrictions on the public, cause serious economic losses. Heavy immediate action is warranted to relieve [Docket No. 91±155±19] infestations can cause complete loss of restrictions. Because prior notice and other public Mediterranean Fruit Fly; Removal of crops, and losses of 25 to 50 percent are procedures with respect to this action Quarantined Areas not uncommon. The short life cycle of this pest permits the rapid development are impracticable and contrary to the AGENCY: Animal and Plant Health of serious outbreaks. public interest under these conditions, Inspection Service, USDA. In the continental United States, we find good cause under 5 U.S.C. 553 ACTION: Interim rule and request for California is the only State where to make this rule effective less than 30 comments. Medfly has been present in recent years. days after publication. We will consider The Mediterranean fruit fly regulations comments that are received within 60 SUMMARY: We are amending the (contained in 7 CFR 301.78 through days of publication of this rule in the Mediterranean fruit fly regulations by 301.78–10 and referred to below as the Federal Register. After the comment removing the quarantined areas in Los regulations) restrict the interstate period closes, we will publish another Angeles, Orange, and San Bernardino movement of regulated articles from document in the Federal Register. It Counties, CA, from the list of quarantined areas to prevent the spread will include a discussion of any comments we receive and any quarantined areas. We have determined of Medfly to noninfested areas of the amendments we are making to the rule that the Mediterranean fruit fly has been United States. Since the establishment as a result of the comments. eradicated from these areas and that of the regulations in 1991, the restrictions on the interstate movement quarantined areas have included certain Executive Order 12866 and Regulatory of regulated articles from these areas are portions of Los Angeles, Santa Clara, Flexibility Act no longer necessary. As a result of this Orange, Riverside, San Bernardino, San This interim rule has been reviewed action, there are no longer any areas in Diego, and Ventura Counties, CA. the continental United States under Executive Order 12866. For this Currently, the regulations designate action, the Office of Management and quarantined because of the only portions of Los Angeles, Orange, Mediterranean fruit fly. Budget has waived the review process and San Bernardino Counties, CA, as required by Executive Order 12866. DATES: Interim rule effective June 14, quarantined for Medfly. This interim rule affects the interstate 1996. Consideration will be given only We have determined, based on movement of regulated articles from to comments received on or before July trapping surveys conducted by the portions of Los Angeles, Orange, and 19, 1996. Animal and Plant Health Inspection San Bernardino Counties, CA. There are ADDRESSES: Please send an original and Service (APHIS) and California State approximately 8,016 small entities that three copies of your comments to and county agency inspectors, that the could be affected, including 4,449 fruit Docket No. 91–155–19, Regulatory Medfly has been eradicated from the sellers, 790 nurseries, 1,917 vendors, 32 Analysis and Development, PPD, quarantined areas in Los Angeles, markets, 29 community gardens, 153 APHIS, Suite 3C03, 4700 River Road Orange, and San Bernardino Counties, growers, 14 air cargo warehouses, 19 Unit 118, Riverdale, MD 20737–1238. CA. The last finding of the Medfly caterers, 112 yard maintenance Please state that your comments refer to thought to be associated with the companies, 46 swap meets, 9 packers, 6 Docket No. 91–155–19. Comments infestation in these areas was in July processors, 399 distributors and received may be inspected at USDA, 1994. Since then, no evidence of wholesalers, and 41 food banks. room 1141, South Building, 14th Street infestation has been found in these These small entities comprise less and Independence Avenue SW., areas. We are, therefore, removing these than 1 percent of the total number of Washington, DC, between 8 a.m. and areas from the list of areas in § 301.78– similar small entities operating in the 4:30 p.m., Monday through Friday, 3(c) quarantined because of the Medfly. State of California. In addition, most of except holidays. Persons wishing to As a result of this action, there are no these small entities sell regulated inspect comments are requested to call longer any areas in the continental articles primarily for local intrastate, not 31004 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations interstate, movement, and the sale of Mediterranean fruit fly is not known to 911 and 915 (7 CFR parts 911 and 915), these articles would not be affected by exist in the continental United States. as amended, regulating the handling of this interim regulation. Done in Washington, DC, this 14th day of limes and avocados grown in Florida, Therefore, termination of the June 1996. hereinafter referred to as the ‘‘orders.’’ quarantine in Los Angeles, Orange, and Lonnie L. King, These orders are effective under the San Bernardino Counties should have a Agricultural Marketing Agreement Act Administrator, Animal and Plant Health minimal economic effect on the small Inspection Service. of 1937, as amended (7 U.S.C. 601–674), entities operating there. We anticipate hereinafter referred to as the ‘‘Act.’’ [FR Doc. 96–15582 Filed 6–18–96; 8:45 am] that the economic impact of lifting the The Department of Agriculture quarantine, though positive, will be no BILLING CODE 3410±34±P (Department) is issuing this rule in more significant than was the minimal conformance with Executive Order 12866. impact of its imposition. Agricultural Marketing Service Under these circumstances, the This rule has been reviewed under Administrator of the Animal and Plant 7 CFR Parts 911 and 915 Executive Order 12778, Civil Justice Health Inspection Service has Reform. This rule is not intended to determined that this action will not [Docket No. FV96±911±4IFR] have retroactive effect. This rule will not preempt any State or local laws, have a significant economic impact on Limes and Avocados Grown in Florida; a substantial number of small entities. regulations, or policies, unless they Relaxation of Container Marking present an irreconcilable conflict with Executive Order 12372 Requirements this rule. This program/activity is listed in the AGENCY: Agricultural Marketing Service, The Act provides that administrative Catalog of Federal Domestic Assistance USDA. proceedings must be exhausted before parties may file suit in court. Under under No. 10.025, and is subject to ACTION: Interim final rule with request section 608c(15)(A) of the Act, any Executive Order 12372, which requires for comments. intergovernmental consultation with handler subject to an order may file State and local officials. (See 7 CFR part SUMMARY: This interim final rule relaxes with the Secretary a petition stating that 3015, subpart V.) the container marking requirements for the order, any provision of the order, or limes and avocados packed under the any obligation imposed in connection Executive Order 12778 Federal marketing orders for limes and with the order is not in accordance with This rule has been reviewed under avocados grown in Florida. This law and request a modification of the Executive Order 12778, Civil Justice relaxation reduces the number of lime order or to be exempted therefrom. A Reform. This rule: (1) Preempts all State and avocado containers required to be handler is afforded the opportunity for and local laws and regulations that are marked with the lot stamp number. This a hearing on the petition. After the inconsistent with this rule; (2) has no rule reduces handling costs and hearing the Secretary would rule on the retroactive effect; and (3) does not provides more flexibility in lime and petition. The Act provides that the require administrative proceedings avocado packing operations. district court of the United States in any before parties may file suit in court DATES: Effective June 20, 1996; district in which the handler is an challenging this rule. comments received by July 19, 1996 will inhabitant, or has his or her principal place of business, has jurisdiction to Paperwork Reduction Act be considered prior to issuance of a final rule. review the Secretary’s ruling on the petition, provided an action is filed not This rule contains no new ADDRESSES: Interested persons are later than 20 days after date of the entry information collection or recordkeeping invited to submit written comments requirements under the Paperwork of the ruling. concerning this rule. Comments must be Pursuant to requirements set forth in Reduction Act of 1995 (44 U.S.C. 3501 sent in triplicate to the Docket Clerk, et seq.). the Regulatory Flexibility Act (RFA), the Fruit and Vegetable Division, AMS, Agricultural Marketing Service (AMS) List of Subjects in 7 CFR Part 301 USDA, room 2525–S, P.O. Box 96456, has considered the economic impact of Washington, DC 20090–6456, Fax # Agricultural commodities, Plant this action on small entities. (202) 720–5698. All comments should diseases and pests, Quarantine, The purpose of the RFA is to fit reference the docket number and the Reporting and recordkeeping regulatory actions to the scale of date and page number of this issue of requirements, Transportation. business subject to such actions in order the Federal Register and will be made that small businesses will not be unduly Accordingly, 7 CFR part 301 is available for public inspection in the amended as follows: or disproportionately burdened. Office of the Docket Clerk during regular Marketing orders issued pursuant to the PART 301ÐDOMESTIC QUARANTINE business hours. Act, and rules issued thereunder, are NOTICES FOR FURTHER INFORMATION CONTACT: unique in that they are brought about Aleck Jonas, Marketing Specialist, through group action of essentially 1. The authority citation for 7 CFR Southeast Marketing Field Office, small entities acting on their own part 301 continues to read as follows: Marketing Order Administration behalf. Thus, both statutes have small Authority: 7 U.S.C. 150bb, 150dd, 150ee, Branch, F&V, AMS, USDA, P.O. Box entity orientation and compatibility. 150ff, 161, 162, and 164–167; 7 CFR 2.22, 2276, Winter Haven, Florida 33883; There are approximately 10 handlers 2.80, and 371.2(c). telephone: (941) 299–4770; or Britthany of limes and 65 handlers of avocados 2. In § 301.78–3, paragraph (c) is Beadle, Marketing Specialist, Marketing who are subject to regulation under the revised to read as follows: Order Administration Branch, F&V, respective marketing order and AMS, USDA, room 2522–S, P.O. Box approximately 40 lime and 100 avocado § 301.78±3 Quarantined areas. 96456, Washington, DC 20090–6456: producers in the regulated areas. Small * * * * * telephone: (202) 720–3923. agricultural service firms are defined by (c) The areas described below are SUPPLEMENTARY INFORMATION: This rule the Small Business Administration (13 designated as quarantined areas: is issued under Marketing Order Nos. CFR 121.601) as those having annual Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31005 receipts of less than $5,000,000, and Under this change, all exterior, exposed must meet the same or comparable small agricultural producers are defined boxes, on all four sides of a pallet, will requirements. This rule changes the as those whose annual receipts are less be lot stamped, rather than each box. container marking requirements than $500,000. The majority of these The committees anticipate that this currently issued under the orders. handlers and producers may be recommended relaxation would avoid Therefore, no change is necessary in the classified as small entities. prohibitive costs to small handlers. lime and avocado import regulations as Under the terms of the marketing Less than 25 percent of all lime and a result of this action to relax the lot orders, fresh market shipments of avocado shipments are shipped by small stamp number requirement. Florida limes and avocados are required packing houses using block inspection. After consideration of all relevant to be inspected and are subject to grade, Under this revised procedure, most of material presented, including the size, maturity, pack and container the containers they pack would be lot committees’ recommendation, and other requirements. Current requirements stamp numbered. The center tiers of available information, it is found that include specifications that all randomly selected pallets are inspected this interim final rule, as hereinafter set authorized containers of limes and by the Federal-State Inspection Service forth, will tend to effectuate the avocados shall be plainly marked with for all marketing order requirements. declared policy of the Act. a Federal-State Inspection lot stamp The committees’ recommendation to Pursuant to 5 U.S.C. 553, it is also number corresponding to the lot relax the container marking requirement found and determined upon good cause inspection conducted by an authorized would not lower the number of that it is impracticable, unnecessary, inspector. containers being inspected. and contrary to the public interest to This rule changes the container Several other alternatives were give preliminary notice prior to putting marking requirements currently issued suggested during the public meeting. this rule into effect and that good cause under the orders. This rule relaxes the One alternative discussed by the exists for not postponing the effective lot stamping requirements on containers committees was to require all containers date of this rule until 30 days after of limes and avocados that have been to continue to be lot stamp numbered. publication in the Federal Register palletized prior to block inspections. Maintaining the requirement for lot because: (1) Handlers are currently The Florida Lime and Avocado stamp numbers to be placed on all shipping limes and avocados; (2) the Administrative Committees containers would not address the committees unanimously recommended (committees), the agencies responsible burden placed on small handlers. That this rule at public meetings and all for local administration of the marketing burden includes higher handler labor interested persons had an opportunity orders, met on March 13, 1996, and costs, slower handler operations, to provide input; (3) this rule relaxes recommended this action by unanimous increased handler restrapping costs, as container marking requirements; (4) vote. well as increased inspection costs. It Florida lime and avocado handlers are The marketing orders authorize under was the consensus of the committees aware of this rule and need no § 911.48 and § 915.51 the establishment that the current requirement is cost additional time to comply with the of container marking requirements. prohibitive as each block-inspected relaxed requirements; and (5) this rule Sections 911.311(b) and 915.306(a)(4)(5) pallet needs to be manually pulled apart provides a 30-day comment period and of the rules and regulations outline the to enable the lot stamp number to be any comments received will be lot stamp number container marking placed on the center tier containers. considered prior to finalization of this requirements for fresh limes and Another alternative suggested was to rule. avocados packed under the orders. eliminate the block-inspection method There are two basic types of and require all handlers to use the in- List of Subjects inspection in the industry; in-line and line inspection method. During in-line 7 CFR Part 911 block. In-line inspection is performed inspection, containers would be during the packing process, prior to stamped with the lot stamp number Marketing agreements, Limes, palletization and storage. In block prior to being stacked on the pallet. This Reporting and recordkeeping inspection, the inspection occurs after would have a serious financial impact requirements. the pallets have been packed, strapped, on the industry, especially among small 7 CFR Part 915 and placed in storage. Large handling handlers, due to a large increase in facilities tend to have inspectors on site inspection costs. This suggestion was Marketing agreements, Avocados, when they are packing. These facilities unacceptable to the industry as it would Reporting and recordkeeping use in-line inspection which allows the be cost prohibitive and could force requirements. containers to be lot stamped prior to small handlers out of business. For the reasons set forth in the being palletized. Smaller handling This rule relaxes the lot stamping preamble, 7 CFR Parts 911 and 915 are facilities do not run enough fruit to requirements on containers of limes and amended as follows: justify the continuous presence of an avocados that have been palletized prior 1. The authority citation for both 7 inspector. Therefore, they call for a to block inspection. Smaller handling CFR parts 911 and 915 continues to read block inspection after a lot is run, facilities are the primary users of block as follows: palletized and ready to ship. Requiring inspection and will benefit from the cost Authority: 7 U.S.C. 601–674. the inspector to lot stamp each savings of this relaxation. Therefore, the container necessitates tearing down all AMS has determined that this action PART 911ÐLIMES GROWN IN the pallets. This results in significant will not have a significant economic FLORIDA cost and loss of time. impact on a substantial number of small 2. Section 911.311 is amended by The committees recommended entities. revising paragraph (b) to read as follows: relaxing the number of containers Section 8(e) of the Act requires that required to be marked with the lot whenever grade, size, quality or § 911.311 Florida lime pack and container stamp number to assist small handlers. maturity requirements are in effect for marking regulation. This relaxation revises the lot stamping certain commodities under a domestic * * * * * requirements for containers that have marketing order, including limes and (b) No handler shall handle any limes been palletized prior to inspection. avocados, imports of that commodity grown in the production area in any 31006 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations container specified in § 911.329 unless Marketing Field Office, Marketing Order returns to producers as well as provide such container is marked with a Administration Branch, Fruit and consumers with increased supplies of Federal-State Inspection Service lot Vegetable Division, AMS, USDA, 2202 potatoes. stamp number showing that the limes Monterey Street, Suite 102B, Fresno, EFFECTIVE DATE: July 15, 1996. have been inspected in accordance with California, 93721; telephone: (209) 487– regulations issued under § 911.48 of the 5901. FOR FURTHER INFORMATION CONTACT: marketing order: Provided, That when Dennis L. West, Northwest Marketing SUPPLEMENTARY INFORMATION: inspection occurs after palletization, Field Office, Marketing Order only all exposed or outside containers of Background Administration Branch, Fruit and Vegetable Division, AMS, USDA, 1220 limes must be plainly marked with the This rule revises handling lot stamp number corresponding to the SW Third Avenue, room 369, Portland, requirements for California nectarines Oregon 97204–2807; telephone: (503) lot inspection conducted by an and peaches under Marketing Orders authorized inspector. 326–2724 or FAX (503) 326–7440; or 916 and 917 for the 1996 season. This Robert F. Matthews, Marketing Order * * * * * interim final rule enables handlers to Administration Branch, Fruit and continue shipping fresh nectarines and Vegetable Division, AMS, USDA, P.O. PART 915ÐAVOCADOS GROWN IN peaches meeting consumer needs in the SOUTH FLORIDA Box 96456, room 2523–S, Washington, interest of producers, handlers, and D.C. 20090–6456; telephone: (202) 690– 3. In § 915.306, paragraph (a)(4) is consumers of these fruits. 0464 or FAX (202) 720–5698. revised to read as follows: Need for Correction SUPPLEMENTARY INFORMATION: This final § 915.306 Florida avocado grade, pack, In the interim final rule, FR Doc. 96– rule is issued under Marketing and container marking regulation. 7438, published March 27, 1996, the Agreement No. 113 and Marketing (a) * * * Royal Glo nectarine variety was Order No. 946 (7 CFR part 946), both as (4) Such avocados are in containers inadvertently placed under the incorrect amended, regulating the handling of marked with a Federal-State Inspection minimum size requirement and is in Irish potatoes grown in Washington, Service lot stamp number, when need of correction. hereinafter referred to as the ‘‘order.’’ handled in containers authorized under The order is authorized by the Correction of Publication § 915.305: Provided, That when Agricultural Marketing Agreement Act inspection occurs after palletization, Accordingly, in FR Doc. 96–7438, of 1937, as amended, (7 U.S.C. 601– only all exposed or outside containers of page 13392, first column, the words 674), hereinafter referred to as the avocados must be plainly marked with ‘‘Royal Glo’’, are removed from ‘‘Act.’’ The State of Washington Potato the lot stamp number corresponding to § 916.356(a)(6) and added to Committee (Committee) is the agency the lot inspection conducted by an § 916.356(a)(4) immediately following responsible for local administration of authorized inspector. the words ‘‘Rose Diamond.’’ the marketing order program in the * * * * * Dated: June 12, 1996. designated production area. Dated: June 13, 1996. Robert C. Keeney, The Department of Agriculture (Department) is issuing this rule in Sharon Bomer Lauritsen, Director, Fruit and Vegetable Division. Acting Director, Fruit and Vegetable Division. conformance with Executive Order [FR Doc. 96–15519 Filed 6–18–96; 8:45 am] 12866. [FR Doc. 96–15627 Filed 6–18–96; 8:45 am] BILLING CODE 3410±02±M This final rule has been reviewed BILLING CODE 3410±02±P under Executive Order 12778, Civil 7 CFR Part 946 Justice Reform. This rule is not intended 7 CFR Parts 916 and 917 to have retroactive effect. This final rule [FV96±946±1FR] will not preempt any State or local laws, [Docket No. FV95±916±4C] regulations, or policies, unless they Irish Potatoes Grown in Washington; present an irreconcilable conflict with Nectarines and Peaches Grown in Modification of the Minimum Size this rule. California; Revision of Handling Requirements Requirements for Fresh Nectarines The Act provides that administrative and Peaches AGENCY: Agricultural Marketing Service, proceedings must be exhausted before USDA. parties may file suit in court. Under AGENCY: Agriculutural Marketing ACTION: Final rule. section 608c(15)(A) of the Act, any Service, USDA. handler subject to an order may file ACTION: Interim final rule; correction. SUMMARY: This final rule reduces the with the Secretary a petition stating that minimum diameter requirement from 2– the order, any provision of the order, or SUMMARY: This document contains a 1/8 inches to 2 inches for Russet type any obligation imposed in connection correction to the interim final rule varieties of Washington potatoes with the order is not in accordance with published on March 27, 1996, shipped during the July 15 through law and request a modification of the concerning nectarines and peaches August 31 period each season. Potato order or to be exempted therefrom. A grown in California. varieties currently being grown for handler is afforded the opportunity for EFFECTIVE DATE: April 1, 1996. shipment during this period are similar a hearing on the petition. After the FOR FURTHER INFORMATION CONTACT: in shape to those grown for marketing hearing the Secretary will rule on the Kenneth Johnson, Marketing Specialist, during the balance of the season. petition. The Act provides that the Marketing Order Administration Reducing the minimum diameter district court of the United States in any Branch, Fruit and Vegetable Division, recognizes this similarity and enables district in which the handler is an AMS, USDA, P.O. Box 96456, Room handlers to market a larger portion of inhabitant, or has his or her principal 2523–S, Washington, DC 20090–6456; the crop in fresh outlets. This change place of business, has jurisdiction to telephone: (202) 720–2861; or Terry should improve the marketing of review the Secretary’s ruling on the Vawter, Marketing Specialist, California Washington potatoes and increase petition, provided an action is filed not Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31007 later than 20 days after the date of the 2 inches during the July 15 through List of Subjects in 7 CFR Part 946 entry of the ruling. August 31 period each season. Thus, the Marketing agreements, Potatoes, Pursuant to requirements set forth in 2 inch minimum diameter or 4 ounce Reporting and recordkeeping the Regulatory Flexibility Act (RFA), the minimum weight will apply to Russet requirements. Agricultural Marketing Service (AMS) type potatoes throughout the entire has considered the economic impact of season. For the reasons set forth in the this action on small entities. preamble, 7 CFR part 946 is hereby At its meeting on February 15, 1996, amended as follows: The purpose of the RFA is to fit the Committee unanimously regulatory actions to the scale of recommended reducing the minimum business subject to such actions in order PART 946ÐIRISH POTATOES GROWN diameter requirement for Russet type IN WASHINGTON that small businesses will not be unduly varieties to 2 inches during the period or disproportionately burdened. July 15 through August 31, when early 1. The authority citation for 7 CFR Marketing orders issued pursuant to the crop shipments are made. part 946 continues to read as follows: Act, and rules issued thereunder, are unique in that they are brought about When the current minimum diameter Authority: 7 U.S.C. 601–674. through group action of essentially requirement for Russet type varieties 2. Section 946.336 is amended by small entities acting on their own was established, the Norgold Russet was revising paragraph (a)(2)(ii) to read as behalf. Thus, both statutes have small the primary variety being grown for the follows: entity orientation and compatibility. early market, i.e., the months of July and There are approximately 40 handlers August. This variety is more round in § 946.336 Handling regulation. of Washington potatoes that are subject shape than those varieties grown for * * * * * to regulation under the order and shipment later in the season. The newer (a) * * * approximately 450 producers in the varieties grown for the early market, (2) * * * regulated production area. Small such as the Norkotah Russet, are shaped (ii) All Russet types, 2 inches (54.0 agricultural service firms, which the same as the varieties traditionally mm) minimum diameter, or 4 ounces include handlers of Washington marketed later in the season. Thus, there minimum weight. potatoes, have been defined by the is no need for a larger diameter * * * * * Small Business Administration (13 CFR requirement for earlier varieties. Dated: June 13, 1996. 121.601) as those whose annual receipts Therefore, the Committee recommended Sharon Bomer Lauritsen, are less than $5,000,000, and small that all Russet type varieties be subject Acting Director, Fruit and Vegetable Division. to the same minimum diameter agricultural producers are defined as [FR Doc. 96–15629 Filed 6–18–96; 8:45 am] those whose annual receipts are less requirement throughout the entire than $500,000. The majority of potato marketing season. BILLING CODE 3410±02±P handlers and producers regulated under Reducing the minimum diameter will the marketing agreement and order may enable handlers to market a larger DEPARTMENT OF TRANSPORTATION be classified as small entities. portion of the crop in fresh market This final rule reduces the minimum outlets. This change is expected to Federal Aviation Administration diameter requirement from 21⁄8 inches improve the marketing of Washington to 2 inches for Russet type varieties of potatoes and increase returns to 14 CFR Part 39 Washington potatoes shipped during the producers. July 15 through August 31 period each [Docket No. 93±ANE±64; Amendment 39± The proposed rule concerning this 9668; AD 96±12±27] season. This change will enable action was published in the April 22, handlers to market a larger portion of 1996, Federal Register (61 FR 17587), RIN 2120±AA64 the crop in fresh market outlets. This with a 30-day comment period ending action is expected to improve the May 22, 1996. No comments were Airworthiness Directives; AlliedSignal marketing of Washington potatoes and received. Inc. (formerly Textron Lycoming) LTS increase returns to producers. Therefore, 101 Series Turboshaft and LTP 101 the AMS has determined that this action After consideration of all relevant Series Turboprop Engines will not have a significant economic material presented, including the impact on a substantial number of small information and recommendations AGENCY: Federal Aviation entities. submitted by the Committee and other Administration, DOT. Section 946.52 (7 CFR 946.52) available information, it is hereby found ACTION: Final rule. authorizes the issuance of regulations that this rule, as hereinafter set forth, for grade, size, quality, maturity, and will tend to effectuate the declared SUMMARY: This amendment adopts a pack for any variety or varieties of policy of the Act. new airworthiness directive (AD), potatoes grown in different portions of Pursuant to 5 U.S.C 553, it is further applicable to AlliedSignal Inc. (formerly the production area during any period. found that good cause exists for not Textron Lycoming) LTS 101 series Size regulations are currently in effect postponing the effective date of this turboshaft and LTP 101 series turboprop under section 946.336 in terms of action until 30 days after publication in engines, that requires removal from minimum diameter and minimum the Federal Register because: (1) This service of suspect disks for a one-time weight. All Russet types must be 21⁄8 action relaxes size requirements on inspection of the disk tenon area of the inches minimum diameter or 4 ounces handlers and must be effective on July gas generator turbine disk. This minimum weight during the period July 15, 1996, for the handlers to take full amendment is prompted by a report of 15 through August 31 each season, and advantage of the relaxed requirements; a gas generator turbine disk tenon 2 inches or 4 ounces during the (2) a 30-day period for written failure. The actions specified by this AD remainder of the season. This rule comments was provided on this action are intended to prevent total loss of amends section 946.336 by reducing the and no comments were received; and (3) engine power, inflight engine shutdown, minimum diameter requirement for delaying the effective date of this action and possible damage to the aircraft. Russet type varieties from 21⁄8 inches to will serve no useful purpose. DATES: Effective August 19, 1996. 31008 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

The incorporation by reference of responsibilities among the various Administration (FAA). This approval may certain publications listed in the levels of government. Therefore, in address either no action, if the current regulations is approved by the Director accordance with Executive Order 12612, configuration eliminates the unsafe of the Federal Register as of August 19, it is determined that this final rule does condition, or different actions necessary to 1996. not have sufficient federalism address the unsafe condition described in this AD. Such a request should include an ADDRESSES: The service information implications to warrant the preparation assessment of the effect of the changed referenced in this AD may be obtained of a Federalism Assessment. configuration on the unsafe condition from AlliedSignal Engines, 111 South For the reasons discussed above, I addressed by this AD. In no case does the 34th Street, Phoenix, AZ 85072; certify that this action (1) is not a presence of any modification, alteration, or telephone (602) 365–2493, fax (602) ‘‘significant regulatory action’’ under repair remove any engine from the 365–2210. This information may be Executive Order 12866; (2) is not a applicability of this AD. examined at the Federal Aviation ‘‘significant rule’’ under DOT Compliance: Required as indicated, unless Administration (FAA), New England Regulatory Policies and Procedures (44 accomplished previously. Region, Office of the Assistant Chief FR 11034, February 26, 1979); and (3) To prevent total loss of engine power, Counsel, 12 New England Executive will not have a significant economic inflight engine shutdown, and possible impact, positive or negative, on a damage to the aircraft, accomplish the Park, Burlington, MA; or at the Office of following: the Federal Register, 800 North Capitol substantial number of small entities under the criteria of the Regulatory (a) Remove from service suspect disks and Street, NW., suite 700, Washington, DC. perform a one-time inspection of the disk Flexibility Act. A final evaluation has tenon area of the gas generator turbine disk, FOR FURTHER INFORMATION CONTACT: been prepared for this action and it is Eugene Triozzi, Aerospace Engineer, and replace, if necessary, with a serviceable contained in the Rules Docket. A copy part, in accordance with Textron Lycoming Engine Certification Office, FAA, Engine of it may be obtained from the Rules Service Bulletin (SB) No. LT 101–72–50– and Propeller Directorate, 12 New Docket at the location provided under 0150, dated September 1, 1993, as follows: England Executive Park, Burlington, MA the caption ADDRESSES. (1) For disks with greater than 5,000 cycles 01803–5299; telephone (617) 238–7148, since new (CSN) on the effective date of this fax (617) 238–7199. List of Subjects in 14 CFR Part 39 AD, remove within 235 cycles in service SUPPLEMENTARY INFORMATION: A Air Transportation, Aircraft, Aviation (CIS). proposal to amend part 39 of the Federal safety, Incorporation by reference, (2) For disks with 4,501 to 5,000 CSN on Aviation Regulations (14 CFR part 39) to Safety. the effective date of this AD, remove within 285 CIS. include an airworthiness directive (AD) Adoption of the Amendment (3) For disks with 4,001 to 4,500 CSN on that is applicable to AlliedSignal Inc. Accordingly, pursuant to the the effective date of this AD, remove within (formerly Textron Lycoming) LTS 101 350 CIS. series turboshaft and LTP 101 series authority delegated to me by the (4) For disks with 3,501 to 4,000 CSN on turboprop engines was published in the Administrator, the Federal Aviation the effective date of this AD, remove within Federal Register on May 15, 1995 (60 Administration amends part 39 of the 450 CIS. FR 25869). That action proposed to Federal Aviation Regulations (14 CFR (5) For disks with 3,001 to 3,500 CSN on require a one-time inspection of the disk part 39) as follows: the effective date of this AD, remove within tenon area of the gas generator turbine 600 CIS. disk in accordance with Textron PART 39ÐAIRWORTHINESS (6) For disks with 2,501 to 3,000 CSN on the effective date of this AD, remove within Lycoming Service Bulletin (SB) No. LT DIRECTIVES 800 CIS, or prior to accumulating 3,400 CSN, 101–72–50–0150, dated September 1, 1. The authority citation for part 39 whichever occurs later. 1993. continues to read as follows: (7) For disks with 2,001 to 2,500 CSN on Interested persons have been afforded the effective date of this AD, remove within an opportunity to participate in the Authority: 49 U.S.C. 106(g), 40113, 44701. 1,100 CIS, or prior to accumulating 3,400 making of this amendment. No § 39.13 [Amended] CSN, whichever occurs later. comments were received on the (8) For disks with less than 2,000 CSN on 2. Section 39.13 is amended by proposal or the FAA’s determination of the effective date of this AD, remove prior to adding the following new airworthiness the cost to the public. The FAA has accumulating 3,400 CSN. directive: determined that air safety and the (b) An alternative method of compliance or public interest require the adoption of 96–12–27 AlliedSignal Inc.: Amendment adjustment of the compliance time that provides an acceptable level of safety may be the rule as proposed. 39–9668. Docket 93–ANE–64. Applicability: AlliedSignal Inc. (formerly used if approved by the Manager, Engine The FAA estimates that 618 engines Certification Office. The request should be installed on aircraft of U.S. registry will Textron Lycoming) LTS 101 series turboshaft and LTP 101 series turboprop engines forwarded through an appropriate FAA be affected by this AD, that it will take installed on but not limited to Aerospatiale Principal Maintenance Inspector, who may approximately 6.5 work hours per AS 350 and SA366G, Bell 222, and add comments and then send it to the engine to accomplish the required Messerschmitt-Bolkow-Blohm (MBB) BK117 Manager, Engine Certification Office. actions, and that the average labor rate helicopters; and Piaggio P166–DL3 and Note: Information concerning the existence is $60 per work hour. AlliedSignal Inc. Airtractor AT302 airplanes. of approved alternative methods of has advised that they will supply disks Note: This airworthiness directive (AD) compliance with this airworthiness directive, or rotors on an exchange basis at no cost applies to each engine identified in the if any, may be obtained from the Engine to the operator. Based on these figures, preceding applicability provision, regardless Certification Office. the total cost impact of the AD on U.S. of whether it has been modified, altered, or (c) Special flight permits may be issued in operators is estimated to be $229,896. repaired in the area subject to the accordance with sections 21.197 and 21.199 requirements of this AD. For engines that of the Federal Aviation Regulations (14 CFR The regulations adopted herein will have been modified, altered, or repaired so 21.197 and 21.199) to operate the aircraft to not have substantial direct effects on the that the performance of the requirements of a location where the requirements of this AD States, on the relationship between the this AD is affected, the owner/operator must can be accomplished. national government and the States, or use the authority provided in paragraph (b) (d) The actions required by this AD shall on the distribution of power and to request approval from the Federal Aviation be done in accordance with the following SB: Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31009

Docu- ment Pages Date No. revision

Textron Lycoming, SB No. LT 101±72±50±0150 ...... 1±6 Original .... September 1, 1993. Total Pages: 6.

This incorporation by reference was timely detection of cracks in various DC–9 and C–9 (military) series approved by the Director of the Federal airplane structures. The actions airplanes, was published as a Register in accordance with 5 U.S.C. specified by this AD are intended to supplemental notice of proposed 552(a) and 1 CFR part 51. Copies may prevent fatigue cracking that could rulemaking (NPRM) in the Federal be obtained from AlliedSignal Engines, compromise the structural integrity of Register on January 9, 1996 (61 FR 637). 111 South 34th Street, Phoenix, AZ these airplanes. The action proposed to require 85072; telephone (602) 365–2493, fax DATES: Effective July 24, 1996. additional visual inspections of certain (602) 365–2210. Copies may be The incorporation by reference of Principal Structural Elements (PSE’s) on inspected at the FAA, New England McDonnell Douglas Report No. L26– certain airplanes listed in the Structural Region, Office of the Assistant Chief 008, ‘‘DC–9 Supplemental Inspection Inspection Document (SID) planning Counsel, 12 New England Executive Document (SID),’’ Volume III–95, dated data; a revision of the reporting Park, Burlington, MA; or at the Office of September 1995, as listed in the requirements; an increase in the sample the Federal Register, 800 North Capitol regulations is approved by the Director size for one PSE; and deletion of the Street NW., suite 700, Washington, DC. of the Federal Register as of July 18, requirement to perform certain visual (e) This amendment becomes effective 1996. inspections of the Fleet Leader Operator on August 19, 1996. The incorporation by reference of Sampling (FLOS) Principal Structural Issued in Burlington, Massachusetts, on McDonnell Douglas Report No. L26– Elements (PSE). June 3, 1996. 008, ‘‘DC–9 Supplemental Inspection Interested persons have been afforded James C. Jones, Document (SID),’’ Volume III–92, dated an opportunity to participate in the making of this amendment. Due Acting Manager, Engine and Propeller July 1992, was approved previously by Directorate, Aircraft Certification Service. the Director of the Federal Register in consideration has been given to the comments received. [FR Doc. 96–15383 Filed 6–18–96; 8:45 am] accordance with 5 U.S.C. 552(a) and 1 BILLING CODE 4910±13±U CFR part 51 as of March 14, 1994 (59 FR Support for the Proposal 6538, February 11, 1994). One commenter supports the ADDRESSES: The service information proposed rule. 14 CFR Part 39 referenced in this AD may be obtained from McDonnell Douglas Corporation, Request To Extend the Compliance [Docket No. 94±NM±195±AD; Amendment Time 39±9671; AD 96±13±03] 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Technical One commenter requests that the RIN 2120±AA64 Publications Business Administration, compliance time for incorporating the Department C1–L51 (2–60). This Airworthiness Directives; McDonnell SID revision into the FAA-approved information may be examined at the maintenance inspection program be Douglas Model DC±9 and C±9 (Military) Federal Aviation Administration (FAA), Series Airplanes extended from the proposed 6 months to Transport Airplane Directorate, Rules 1 year. This commenter also requests a AGENCY: Federal Aviation Docket, 1601 Lind Avenue, SW., corresponding increase in the Administration, DOT. Renton, Washington; or at the FAA, Los completion end dates for each PSE Angeles Aircraft Certification Office, ACTION: Final rule. inspection. The commenter states that it Transport Airplane Directorate, 3960 would have to special schedule its fleet SUMMARY: This amendment supersedes Paramount Boulevard, Lakewood, of airplanes to accomplish this program an existing airworthiness directive (AD), California; or at the Office of the Federal within the proposed compliance time; applicable to McDonnell Douglas Model Register, 800 North Capitol Street, NW., this would entail considerable DC–9 and C–9 (military) series suite 700, Washington, DC. additional expenses and schedule airplanes, that currently requires the FOR FURTHER INFORMATION CONTACT: Sol disruptions. Further, this commenter implementation of a program of Davis or David Hsu, Aerospace points out that the SID program is structural inspections to detect and Engineers, Airframe Branch, ANM– becoming a larger and larger burden to correct fatigue cracking in order to 120L, FAA, Transport Airplane airlines. ensure the continued airworthiness of Directorate, Los Angeles Aircraft The FAA does not concur with the these airplanes as they approach the Certification Office, 3960 Paramount commenter’s request to extend the manufacturer’s original fatigue design Boulevard, Lakewood, California compliance time. The FAA finds that life goal. This amendment requires, 90712–4137; telephone (310) 627–5233 changes in the program that are among other things, revision of the for Mr. Davis, or (310) 627–5323 for Mr. described in Volume III–92 and Volume existing program to require additional Hsu; fax (310) 627–5210. III–95 of McDonnell Douglas Report No. visual inspections of additional SUPPLEMENTARY INFORMATION: A L26–008, and required by this AD, structure. This amendment is prompted proposal to amend part 39 of the Federal introduce relatively minor changes to by new data submitted by the Aviation Regulations (14 CFR part 39) the overall scope of the DC–9 SID manufacturer indicating that certain by superseding AD 94–03–01, program. In addition, the FAA points revisions to the program are necessary amendment 39–8807 (59 FR 6538, out that Volume III–95 deletes the FLOS in order to increase the confidence level February 11, 1994), which is applicable visual inspections that were previously of the statistical program to ensure to certain McDonnell Douglas Model required by AD 94–03–01 and, thereby, 31010 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations reduces the number of inspections Structural Repair Manual (SRM) or the Structural Repair Manual, the relevant required to be performed under the Designated Engineering Representatives service bulletins, or DER-designed program. With regard to these changes, (DER) of the McDonnell Douglas repairs do not include a continuing the FAA cannot agree with the Corporation. One of these commenters inspection program to ensure that the commenters assertion the SID and, thus, states that the current procedure for repair is inspected at an acceptable level this AD are becoming a ‘‘larger burden’’ accomplishing the repair in accordance of safety. A DTA can be done most for operators. with a method ‘‘approved by the FAA’’ easily at the time of repair, rather than Further, the proposed compliance takes too long, adversely impacts work at a later date when the details of the time of 6 months was arrived at with the scheduling, and delays scheduled repair may be hard to obtain and, previous concurrence of affected departure of airplanes. undoubtedly, would be more costly. operators, manufacturers, and the FAA. The FAA does not concur with the Currently, the Manager and staff of the In light of these items, and in commenters’ request to revise paragraph Los Angeles ACO are working very consideration of the amount of time that (c) of this AD. While DER’s are closely with the manufacturer to has already elapsed since issuance of authorized to determine whether a expedite interim repair approval the original notice, the FAA has design or repair method complies with requests. Such requests may be made determined that further delay of the a specific requirement, they are not under the provisions of paragraph (d) of implementation of the requirements of authorized to make the discretionary the final rule. this final rule action is not appropriate. determination as to what the applicable However, paragraph (d) of the final rule requirement is. Further, the SID Request for Clarification of Repair does provide affected operators the program is based upon cooperation Requirements opportunity to apply for an adjustment between aircraft operators, the FAA, and One commenter requests clarification of the compliance time if adequate data the manufacturer. The SID program as to what area of the subject structure are presented to the FAA to justify such functions most effectively in detecting is required to be repaired in accordance an adjustment. fatigue cracks if all findings of fatigue with a method approved by the FAA. cracking are reported to McDonnell Request To Revise Inspections to 100 The commenter notes that McDonnell Douglas as required by this AD. It is Percent Douglas maintains that the secondary crucial that the FAA, as well as structure in the general area of the PSE One commenter requests that the PSE McDonnell Douglas, be aware of all is not part of the PSE inspection; inspections be changed from sampling repairs made to PSE’s. therefore, repair of this area does not to 100 percent inspections. The Further, every repair of PSE structure require FAA approval if the area is commenter considers that this would requires a damage tolerance assessment found cracked during a SID inspection. eliminate the continual changes every (DTA) to be performed (of the repair) in McDonnell Douglas also indicates that year; thus, the program would be more order to establish its effect on the fatigue its DER’s have been given authority by manageable and straightforward. In life of the affected structure. The DTA the FAA to approve repairs for addition, the commenter states that this process involves the review and use of longerons 16 and 17 over the forward would simplify scheduling of the SID type design data that are proprietary and and aft cargo doors (PSE 53.09.001 and inspections, which would streamline may not be available to those persons 53.09.035). the program by reducing the workload (such as a DER) who are generally for all parties concerned. authorized to approve routine repairs. The FAA finds that clarification of The FAA does not concur that a For this reason, it is appropriate that the this point is necessary. The FAA points revision to the AD is necessary. The Manager of the Los Angeles Aircraft out that the SID program and this AD do inspections in the McDonnell Douglas Certification Office (ACO) be the focal not use the term ‘‘secondary’’ structure SID programs were established using point in the DTA approval process. when referring to the PSE’s. Volume 1, specific criteria for determining whether In some cases, repairs are made to Section 1, of MDC Report No. L26–008 a PSE should be defined as FLOS, Fleet PSE structure as a result of cracking that defines a PSE as structure whose failure, Leader Sample (FLS), or 100 percent. was found during an opportunity if it remained undetected, could lead to The manufacturer established these inspection (i.e., non-mandated or the loss of the airplane. The physical criteria only after extensive and detailed unscheduled inspection), and the boundaries of PSE’s are clearly defined consultations with large numbers of approval of the repair is made without in Volume 1, Sections 2 and 3, of the operators and with the FAA. The FAA the coordination of the manufacturer or SID, MDC Report No. L26–008. finds that the 100 percent inspections the Los Angeles ACO. When the time Accordingly, the FAA considers that the are only necessary if an insufficient arrives for that PSE to be inspected in repair requirements of paragraph (c) of number of samples exists in the accordance with the AD, the PSE the AD are not limited only to certain operator’s sample size to use sampling becomes a ‘‘discrepant PSE.’’ If a DTA parts of the PSE’s, as implied by the concepts. However, if an operator has a were not accomplished on the commenter, but rather to any crack that sufficient number of samples and elects ‘‘discrepant PSE’’ at the time of the is found within the physical boundaries to accomplish 100 percent inspections, repair, compliance with the AD could of any PSE. Therefore, the FAA finds it is the operator’s prerogative to do so. require that the repair be removed or that any cracked structure, including the reworked at a later time. In either case, following cracks, must be repaired in Request To Permit Repairs in the Manager of the Los Angeles ACO is accordance with a method approved by Accordance With SRM or DER tasked to ensure that all repairs to the Manager, Los Angeles ACO. Approval cracked PSE’s comply with the AD. • Any crack that is found in Two commenters request that The FAA considers that any repair to longerons 16 and 17 within the shaded proposed paragraph (c) be revised to cracked PSE’s without the required DTA area between STA. 362.500 and STA. permit repair of any cracked structure in can only be classified as ‘‘interim’’ or 434.500 of PSE 53.09.001 (for Model a PSE found during any inspection (i.e., ‘‘temporary,’’ and will eventually DC–9–30, –40, and –50 series airplanes) a non-mandated or unscheduled require coordination with the Manager • Any crack that is found in inspection) to be accomplished in of the Los Angeles ACO. Most methods longerons 16 and 17 within the shaded accordance with the FAA-approved of repair specified in the DC–9 area between STA. 710.500 and STA. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31011

766.000 of PSE 53.09.035 (for Model safety and the public interest require the maintenance program tasks. Therefore, DC–9–10, and –20 series airplanes) adoption of the rule as proposed. the actual number of necessary Request To Eliminate Duplication of Cost Impact additional work hours will be minimal Reporting of Existing Repairs in many instances. Further, any cost There are approximately 889 Model associated with special airplane This same commenter requests that DC–9 and C–9 (military) series airplanes scheduling can be expected to be of the affected design in the worldwide the proposed rule be revised to minimal. eliminate the duplication of reporting of fleet. The FAA estimates that 568 existing repairs from one inspection airplanes of U.S. registry and 38 U.S. Regulatory Impact interval to the next. The commenter operators will be affected by this AD. The regulations adopted herein will points out that the proposed rule would Incorporation of the SID program into require that all existing repairs in the an operator’s maintenance program, as not have substantial direct effects on the PSE area must be reported to McDonnell required by AD 94–03–01, takes States, on the relationship between the Douglas, along with details of each approximately 1,062 work hours (per national government and the States, or repair. operator) to accomplish, at an average on the distribution of power and labor rate of $60 per work hour. Based The FAA does not consider that any responsibilities among the various on these figures, the cost to the 38 action is necessary since the rule does levels of government. Therefore, in affected U.S. operators of incorporating not require reporting relevant to existing accordance with Executive Order 12612, the revised procedures into the repairs. However, paragraphs (a)(3) and it is determined that this final rule does maintenance program is estimated to be (b)(3) of the AD do require that all not have sufficient federalism $2,421,360, or $63,720 per operator. implications to warrant the preparation inspection results (negative or positive) The incorporation of the revised of a Federalism Assessment. be reported to McDonnell Douglas. procedures in this AD action will Request To Refer to ‘‘or Later FAA- require approximately 20 additional For the reasons discussed above, I Approved Revisions’’ of the SID work hours per operator to accomplish, certify that this action (1) Is not a at an average labor rate of $60 per work ‘‘significant regulatory action’’ under One commenter requests that the hour. Based on these figures, the cost to Executive Order 12866; (2) is not a proposed rule be revised to include the the 38 affected U.S. operators to ‘‘significant rule’’ under DOT phrase, ‘‘or later FAA-approved incorporate these revised procedures Regulatory Policies and Procedures (44 revisions,’’ when referring to the SID into the SID program is estimated to be FR 11034, February 26, 1979); and (3) document. The commenter states that $45,600, or $1,200 per operator. will not have a significant economic this would allow operators to revise The recurring inspection costs, as impact, positive or negative, on a their programs whenever a new revision required by AD 94–03–01, take 362 to the SID is released, and would substantial number of small entities work hours per airplane per year to under the criteria of the Regulatory eliminate the FAA’s need to supersede accomplish, at an average labor rate of the existing AD time and again as new Flexibility Act. A final evaluation has $60 per work hour. Based on these been prepared for this action and it is revisions of the SID are issued. figures, the recurring inspection costs The FAA does not concur. To use the contained in the Rules Docket. A copy required by AD 94–01–03 are estimated of it may be obtained from the Rules phrase, ‘‘or later FAA-approved to be $12,336,960, or $21,720 per Docket at the location provided under revisions,’’ in an AD when referring to airplane. the service document, violates Office of The recurring inspection procedures the caption ADDRESSES. the Federal Register (OFR) regulations added to the program by this AD action List of Subjects in 14 CFR Part 39 regarding approval of materials will not add any new economic burden ‘‘incorporated by reference’’ in rules. In on affected operators, since certain Air transportation, Aircraft, Aviation general terms, these OFR regulations inspections are added while others are safety, Incorporation by reference, require that either the service document deleted. Safety. contents be published as part of the Based on the figures discussed above, actual AD language; or that the service the cost impact of this AD is estimated Adoption of the Amendment document be submitted for approval by to be $12,382,560 for the first year, and Accordingly, pursuant to the the OFR as ‘‘referenced’’ material, in $12,336,960 for each year thereafter. authority delegated to me by the which case it may be only referred to in These cost impact figures discussed Administrator, the Federal Aviation the text of an AD. The AD may only above are based on assumptions that no Administration amends part 39 of the refer to the service document that was operator has yet accomplished any of Federal Aviation Regulations (14 CFR submitted and approved by the OFR for the requirements of this AD action. part 39) as follows: ‘‘incorporation by reference.’’ In order However, it can reasonably be assumed for operators to use later revisions of the that the majority of the affected PART 39ÐAIRWORTHINESS referenced document (issued after the operators have already initiated the SID DIRECTIVES publication of the AD), either the AD program (as required by AD 94–03–01). must be revised to reference the specific Additionally, the number of required 1. The authority citation for part 39 later revisions, or operators must work hours for each required inspection continues to read as follows: request the approval to use them as an (and for the SID program revision), as alternative method of compliance with indicated above, is presented as if the Authority: 49 U.S.C. 106(g), 40113, 44701. this AD [under the provisions of accomplishment of those actions were paragraph (d)]. to be conducted as ‘‘stand alone’’ § 39.13 [Amended] actions. However, in actual practice, Conclusion 2. Section 39.13 is amended by these actions for the most part will be removing amendment 39–8807 (59 FR After careful review of the available accomplished coincidentally or in 6538, February 11, 1994), and by adding data, including the comments noted combination with normally schedule above, the FAA has determined that air airplane inspections and other 31012 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations a new airworthiness directive (AD), Volume designa- Revi- Revision amendment 39–9671, to read as follows: tion sion Date of revision level level Volume designation shown on 96–13–03 McDonnell Douglas: Amendment volume 39–9671. Docket 94–NM–195–AD. Volume II±10/20 3 April 1991. Supersedes AD 94–03–01, Amendment Volume II±10/20 2 April 1990. Volume II±10/20 ...... 4 39–8807. 12 Volume II±20/30 ...... 5 Applicability: Model DC–9–10, –20, –30, Volume II±10/20 1 June 1989. Volume II±40 ...... 4 –40, –50, and C–9 (military) series airplanes; Volume II/20 ...... (1) November 1987. Volume II±50 ...... 4 certificated in any category. Volume II±20/30 4 April 1991. Compliance: Required as indicated, unless Volume II±20/30 3 April 1990. Note 5: NDI inspections accomplished in accordance with the following Volume II of accomplished previously. Volume II±20/30 2 June 1989. the SID provide acceptable methods for To ensure the continuing structural Volume II±20/30 1 November 1987. integrity of these airplanes, accomplish the accomplishing the inspections required by Volume II±40 ...... 3 April 1991. this paragraph: following: Volume II±40 ...... 2 April 1990. (a) Within 6 months after March 14, 1994 Volume II±40 ...... 1 June 1989. Revi- (the effective date of AD 94–03–01, Volume II±40 ...... (1) November 1987. Volume designa- sion Date of revision amendment 39–8807), incorporate a revision Volume II±50 ...... 3 April 1991. tion level into the FAA-approved maintenance Volume II±50 ...... 2 April 1990. inspection program which provides for Volume II±50 ...... 1 June 1989. Volume II±10/20 4 July 1993. inspection(s) of the Principal Structural Volume II±50 ...... (1) November 1987. Volume II±10/20 3 April 1991. Elements (PSE) defined in McDonnell Volume II±10/20 2 April 1990. Douglas Report No. L26–008, ‘‘DC–9 1 Original. Volume II±10/20 1 June 1989. Volume II/20 ...... (1) November 1987. Supplemental Inspection Document (SID),’’ (b) Within 6 months after the effective date Section 2 of Volume I of Revision 3, dated Volume II±20/30 5 July 1993. of this AD, replace the revision of the FAA- April 1991, in accordance with Section 2 of Volume II±20/30 4 April 1991. approved maintenance inspection program Volume III–92, dated July 1992, of the SID. 14 required by paragraph (a) of this AD, with a (1) Visual inspections of all PSE’s on Volume II±20/30 3 April 1990. revision that provides for inspection(s) of the airplanes listed in Volume III–92, dated July Volume II±20/30 2 June 1989. PSE’s defined in McDonnell Douglas Report 1992, of the SID planning data, are required Volume II±20/30 1 November 1987. No. L26–008, ‘‘DC–9 Supplemental Volume II±40 ...... 4 July 1993. by the fleet leader-operator sampling (FLOS) Inspection Document (SID),’’ Section 2 of Volume II±40 ...... 3 April 1991. program at least once during the interval Volume I of McDonnell Douglas Report No. Volume II±40 ...... 2 April 1990. between the start date (SDATE) and the end L26–008, ‘‘DC–9 Supplemental Inspection Volume II±40 ...... 1 June 1989. date (EDATE) established for each PSE. Document (SID),’’ Revision 4, dated July Volume II±40 ...... (1) November 1987. These visual inspections are defined in 1993, in accordance with Section 2 of Volume II±50 ...... 4 July 1993. Section 3 of Volume II, dated April 1991, of Volume III–95, dated September 1995, of the Volume II±50 ...... 3 April 1991. the SID, and are required only for those SID. Volume II±50 ...... 2 April 1990. airplanes that have not been inspected Volume II±50 ...... 1 June 1989. previously in accordance with Section 2 of Note 3: Operators should note that certain Volume II±50 ...... (1) November 1987. Volume II, dated April 1991, of the SID. visual inspections of FLOS PSE’s that were 1 (2) The Non Destructive Inspection (NDI) previously specified in earlier revisions of Originals. techniques set forth in Section 2 of Volume Volume III of the SID are no longer specified (c) Any cracked structure detected during II, dated April 1991, of the SID provide in Volume III–95 of the SID. the inspections required by either paragraph acceptable methods for accomplishing the (1) Prior to reaching the threshold (Nth), but (a) or (b) of this AD must be repaired before inspections required by this paragraph. no earlier than one-half of the threshold (Nth/ further flight, in accordance with a method (3) All inspection results (negative or 2), specified for all PSE’s listed in Volume approved by the Manager, Los Angeles positive) must be reported to McDonnell III–95, dated September 1995, of the SID, Aircraft Certification Office (ACO), FAA, Douglas, in accordance with the instructions inspect each PSE sample in accordance with Transport Airplane Directorate. contained in Section 2 of Volume III–92, the NDI procedures set forth in Section 2 of Note 6: Requests for approval of any PSE dated July 1992, of the SID. Information Volume II, dated July 1993. Thereafter, repeat repair that would affect the FAA-approved collection requirements contained in this the inspection for that PSE at intervals not to maintenance inspection program that is regulation have been approved by the Office exceed DNDI/2 of the NDI procedure that is required by this AD should include a damage of Management and Budget (OMB) under the specified in Volume III–95, dated September tolerance assessment for that PSE. provisions of the Paperwork Reduction Act of 1995, of the SID. (d)(1) An alternative method of compliance 1980 (44 U.S.C. 3501 et seq.) and have been (2) The NDI techniques set forth in Section or adjustment of the compliance time that assigned OMB Control Number 2120–0056. 2 of Volume II, dated July 1993, of the SID provides an acceptable level of safety may be Note 1: Volume II, dated April 1991, of the provide acceptable methods for used if approved by the Manager, Los SID is comprised of the following: accomplishing the inspections required by Angeles Aircraft Certification Office (ACO), FAA, Transport Airplane Directorate. this paragraph. Operators shall submit their requests through Revision (3) All inspection results (negative or level an appropriate FAA Principal Maintenance Volume designation positive) must be reported to McDonnell Inspector, who may add comments and then shown on Douglas, in accordance with the instructions volume send it to the Manager, Los Angeles ACO. contained in Section 2 of Volume III–95, (d)(2) Alternative methods of compliance, Volume II±10/20 ...... 3 dated September 1995, of the SID. approved in accordance with AD 94–03–01, Volume II±20/30 ...... 4 Information collection requirements amendment 39–8807, are approved as Volume II±40 ...... 3 contained in this regulation have been alternative methods of compliance with this Volume II±50 ...... 3 approved by the Office of Management and AD. Budget (OMB) under the provisions of the Note 7: Information concerning the Note 2: NDI inspections accomplished in Paperwork Reduction Act of 1980 (44 U.S.C. existence of approved alternative methods of accordance with the following Volume II of 3501 et seq.) and have been assigned OMB compliance with this AD, if any, may be the SID provide acceptable methods for Control Number 2120–0056. obtained from the Los Angeles ACO. accomplishing the inspections required by Note 4: Volume II, dated July 1993, of the (e) Special flight permits may be issued in this paragraph: SID is comprised of the following: accordance with sections 21.197 and 21.199 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31013 of the Federal Aviation Regulations (14 CFR operations for aircraft executing the GPS and Procedures (44 FR 11034; February 21.197 and 21.199) to operate the airplane to SIAP to RWY 07 at Zuni Pueblo, Black 26, 1979); and (3) does not warrant a location where the requirements of this AD Rock Airport, Zuni, NM. preparation of a regulatory evaluation as can be accomplished. the anticipated impact is so minimal. (f) The actions shall be done in accordance EFFECTIVE DATE: 0901 UTC, August 15, with McDonnell Douglas Report No. L26– 1996. Since this is a routine matter that will 008, ‘‘DC–9 Supplemental Inspection FOR FURTHER INFORMATION CONTACT: only affect air traffic procedures and air Document (SID),’’ Volume III–92, dated July Donald J. Day, Operations Branch, Air navigation, it is certified that this rule 1992; or McDonnell Douglas Report No. L26– Traffic Division, Southwest Region, will not have a significant economic 008, ‘‘DC–9 Supplemental Inspection Federal Aviation Administration, Fort impact on a substantial number of small Document (SID),’’ Volume III–95, dated Worth, TX 76193–0530, telephone: (817) entities under the criteria of the September 1995; as applicable. (NOTE: The Regulatory Flexibility Act. issue/publication date of Volume III–95 is 222–5593. indicated on the Record of Revisions page.) SUPPLEMENTARY INFORMATION: List of Subjects in 14 CFR Part 71 The incorporation by reference of McDonnell Douglas Report No. L26–008, ‘‘DC–9 History Airspace, Incorporation by reference, Supplemental Inspection Document (SID),’’ On January 31, 1996, a proposal to Navigation (air). Volume III–95, dated September 1995, is amend part 71 of the Federal Aviation Adoption of the Amendment approved by the Director of the Federal Regulations (14 CFR part 71) to revise Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The incorporation by the Class E airspace at Zuni, NM, was In consideration of the foregoing, the reference of McDonnell Douglas Report No. published in the Federal Register (61 Federal Aviation Administration L26–008, ‘‘DC–9 Supplemental Inspection FR 3352). A GPS SIAP to RWY 07 amends 14 CFR part 71 as follows: Document (SID),’’ Volume III–92, dated July developed for Black Rock Airport, Zuni, 1992, was approved previously by the NM, requires the revision of Class E PART 71Ð[AMENDED] Director of the Federal Register in accordance airspace at this airport. The proposal with 5 U.S.C. 552(a) and 1 CFR part 51 as of was to establish controlled airspace 1. The authority citation for 14 CFR March 14, 1994 (59 FR 6538, February 11, extending upward from 700 fee AGL to pat 71 continues to read as follows: 1994). Copies may be obtained from contain IFR operations in controlled McDonnell Douglas Corporation, 3855 Authority: 49 U.S.C. 40103, 40113, 40120; Lakewood Boulevard, Long Beach, California airspace during portions of the terminal E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 90846, Attention: Technical Publications operation and while transitioning Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Business Administration, Department C1– between the enroute and terminal 11.69. L51 (2–60). Copies may be inspected at the environments. § 71.1 [Amended] FAA, Transport Airplane Directorate, 1601 Interested parties were invited to Lind Avenue, SW., Renton, Washington; or at participate in this rulemaking 2. The incorporation by reference in the FAA, Los Angeles Aircraft Certification proceeding by submitting written 14 CFR 71.1 of the Federal Aviation Office, Transport Airplane Directorate, 3960 comment on the proposal to the FAA. Administration Order 7400.9C, Airspace Paramount Boulevard, Lakewood, California; No comment to the proposal were or at the Office of the Federal Register, 800 Designations and Reporting Points, North Capitol Street, NW., suite 700, received. Therefore, the rule is adopted dated August 17, 1995, and effective Washington, DC. as proposed. September 16, 1995, is amended as (g) This amendment becomes effective on The coordinates for this airspace follows: July 24, 1996. docket are based on North American Datum 83. Class E airspace designations Paragraph 6005: Class E Airspace areas Issued in Renton, Washington, on June 12, extending upward from 700 feet or more 1996. for airspace areas extending upward above the surface of the earth. from 700 feet or more AGL are James V. Devany, * * * * * Acting Manager, Transport Airplane published in Paragraph 6005 of FAA Directorate, Aircraft Certification Service. Order 7400.9C dated August 17, 1995, ASW NM E5 Zuni, NM [Revised] [FR Doc. 96–15498 Filed 6–18–96; 8:45 am] and effective September 16, 1995, which Zuni Pueblo, Black Rock Airport, NM is incorporated by reference in 14 CFR ° ′ ′′ ° ′ ′′ BILLING CODE 4910±13±U (lat. 35 05 00 N., long. 108 47 30 W.) 71.1. The Class E airspace designation Zuni VORTAC listed in this document will be (lat. 34°57′57′′ N., long. 109°09′16′′ W.) 14 CFR Part 71 published subsequently in the Order. That airspace extending upward from 700 The Rule feet above the surface within a 6.4-mile [Airspace Docket No. 96±ASW±01] radius of Black Airport and within 1.8 miles This amendment to part 71 of the each side of the 252° bearing from the airport Revision of Class E Airspace; Zuni, NM Federal Aviation Regulations (14 CFR extending from the 6.4-mile radius to 8.4 AGENCY: Federal Aviation part 71) revises the Class E airspace miles southwest of the airport and that Administration (FAA), DOT. located at Zuni, NM, to provide airspace extending upward from 8,200 feet MSL within 6 miles north and 8.5 miles ACTION: Final rule. controlled airspace extending upward from 700 feet AGL for aircraft executing south of Zuni VORTAC 248° and 068° radials SUMMARY: This action revises the Class the GPS SIAP to RWY 07 at Black Rock extending from 10.2 miles east to 17 miles E airspace extending upward from 700 Airport, Zuni, NM. west of the VORTAC, excluding that airspace feet above ground level (AGL) at Zuni, The FAA has determined that this in the state of New Mexico. NM. The development of a Global regulation only involves an established * * * * * Positioning System (GPS) standard body of technical regulations that need Issued in Forth Worth, TX, on June 11, instrument approach procedure (SIAP) frequent and routine amendments to 1996. to Runway (RWY) 07 at Zuni Pueblo, keep them operationally current. It, Albert L. Viselli, Black Rock Airport has made this action therefore—(1) is not a ‘‘significant Acting Manager, Air Traffic Division, necessary. This action is intended to regulatory action’’ under Executive Southwest Region. provide adequate Class E airspace to Order 12866; (2) is not a ‘‘significant [FR Doc. 96–15646 Filed 6–18–96; 8:45 am] contain instrument flight rule (IFR) rule’’ under DOT Regulatory Policies BILLING CODE 4910±13±M 31014 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

14 CFR Part 71 listed in this document will be That airspace extending upward from 700 published subsequently in the Order. feet above the surface within a 6.7-mile [Airspace Docket No. 95±ASW±33 ] radius of Tucumcari Municipal Airport and The Rule within 2.4 miles each side of the 033° radial Revision of Class E Airspace; of the Tucumcari VORTAC extending from Tucumcari, NM This amendment to part 71 of the the 6.7-mile radius to 7.1 miles northeast of Federal Aviation Regulations (14 CFR the airport and within 2.4 miles each side of AGENCY: Federal Aviation part 71) revises the Class E airspace the 078° radial of the Tucumcari VORTAC Administration (FAA), DOT. located at Tucumcari, NM, to provide extending from the 6.7-mile radius to 7.4 ACTION: Final rule. controlled airspace extending upward miles east of the airport and within 1.9 miles from 700 feet AGL for aircraft executing each side of the 225° bearing from the airport SUMMARY: This action revises the Class the GPS to RWY 03 at Tucumcari extending from the 6.7-mile radius to 9 miles E airspace extending upward from 700 Municipal Airport. southwest of the airport. feet above ground level (AGL) at The FAA has determined that this * * * * * Tucumcari, NM. The development of a regulation only involves an established Issued in Fort Worth, TX, on June 11, 1996. Global Positioning System (GPS) body of technical regulations that need Albert L. Viselli, Standard Instrument Approach frequent and routine amendments to Acting Manager, Air Traffic Division, Procedure (SIAP) to Runway (RWY) 03 keep them operationally current. It, Southwest Region. at Tucumcari Municipal Airport has therefore—(1) is not a ‘‘significant [FR Doc. 96–15645 Filed 6–18–96; 8:45 am] made this action necessary. This action regulatory action’’ under Executive BILLING CODE 4910±13±M is intended to provide adequate Class E Order 12866; (2) is not a ‘‘significant airspace to contain instrument flight rule’’ under DOT Regulatory Policies rule (IFR) operations for aircraft and Procedures (44 FR 110334; February 14 CFR Part 71 executing the GPS SIAP to RWY 03 at 26, 1979); and (3) does not warrant [Airspace Docket No. 96±ASW±02] Tucumcari Municipal Airport, preparation of a regulatory evaluation as Tucumcari, NM. the anticipated impact is so minimal. Revision of Class E Airspace; Portales, EFFECTIVE DATE: 0901 UTC, August 15, Since this is a routine matter that will NM 1996. only affect air traffic procedures and air FOR FURTHER INFORMATION CONTACT: navigation, it is certified that this rule AGENCY: Federal Aviation Donald J. Day, Operations Branch Air will not have a significant economic Administration (FAA), DOT. Traffic Division, Southwest Region, impact on a substantial number of small ACTION: Final rule. Federal Aviation Administration, Fort entities under the criteria of the SUMMARY: This action revises the Class Worth, TX 76193–0530, telephone: 817– Regulatory Flexibility Act. 222–5593. E airspace extending upward from 700 List of Subjects in 14 CFR Part 71 feet above ground level (AGL) at SUPPLEMENTARY INFORMATION: Portales, NM. The development of a Airspace, Incorporation by reference, Global Positioning System (GPS) History Navigation (air). standard instrument approach On January 31, 1996, a proposal to Adoption of the Amendment procedure (SIAP) to Runway (RWY) 01 amend part 71 of the Federal Aviation at Portales Municipal Airport has made In consideration of the foregoing, the Regulations (14 CFR part 71) to revise this action necessary. This action is Federal Aviation Administration the Class E airspace at Tucumcari, NM, intended to provide adequate Class E amends 14 CFR part 71 as follows: was published in the Federal Register airspace to contain instrument flight (61 FR 3351). A GPS SIAP to RWY 03 PART 71Ð[AMENDED] rule (IFR) operations for aircraft developed for Tucumcari Municipal executing the GPS SIAP to RWY 01 at Airport, Tucumcari, NM, requires the 1. The authority citation for 14 CFR Portales Municipal Airport, Portales, revision of Class E airspace at this part 71 continues to read as follows: NM. airport. The proposal was to establish EFFECTIVE DATE: 0901 UTC, August 15, controlled airspace extending upward Authority: 49 U.S.C. 40103, 40113, 40120; E.O. 10854; 24 FR 9565, CFR, 1959–1963 1996. from 700 feet AGL to contain IFR Comp., p. 389; 49 U.S.C. 106(g); 14 CFR FOR FURTHER INFORMATION CONTACT: operations in controlled airspace during 11.69. portions of the terminal operation and Donald J. Day, Operations Branch, Air while transitioning between the enroute § 71.1 [Amended] Traffic Division, Southwest Region, Federal Aviation Administration, Fort and terminal environments. Interested 2. The incorporation by reference in parties were invited to participate in Worth, TX 76193–0530, telephone: (817) 14 CFR 71.1 of the Federal Aviation 222–5593. this rulemaking proceeding by Administration Order 7400.9C, Airspace submitting written comments on the Designations and Reporting Points, SUPPLEMENTARY INFORMATION: proposal to the FAA. No comments to dated August 17, 1995, and effective History the proposal were received. Therefore, September 16, 1995, is amended as the rule is adopted as proposed. follows: On January 31, 1996, a proposal to The coordinates for this airspace amend part 71 of the Federal Aviation docket are based on North American Paragraph 6005: Class E Airspace areas Regulations (14 CFR part 71) to revise Datum 83. Class E airspace designations extending upward from 700 feet or more the Class E airspace at Portales, NM, above the surface of the earth. for airspace areas extending upward was published in the Federal Register from 700 feet or more AGL are * * * * * (61 FR 3348). A GPS SIAP to RWY 01 published in Paragraph 6005 of FAA ASW NM E5 Tucumcari, NM [Revised] developed for Portales Municipal Order 7400.9C dated August 17, 1995, Tucumcari Municipal Airport, NM Airport, Portales, NM, requires the and effective September 16, 1995, which (lat. 35°10′58′′ N., long. 103°36′12′′ W.) revision of the Class E airspace at this is incorporated by reference in 14 CFR Tucumcari VORTAC airport. The proposal was to revise the 71.1. The Class E airspace designation (lat. 35°10′56′′ N., long. 103°35′55′′ W.) controlled airspace extending upward Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31015 from 700 feet AGL to contain IFR List of Subjects in 14 CFR Part 71 Standard Instrument Approach operations in controlled airspace during Airspace, Incorporation by reference, Procedure (SIAP) to Runway (RWY) 31 portions of the terminal operation and Navigation (air). at Truth or Consequences Municipal while transitioning between the enroute Airport has made this action necessary. and terminal environments. Adoption of the Amendment This action is intended to provide Interested parties were invited to In consideration of the foregoing, the adequate Class E airspace to contain participate in this rulemaking Federal Aviation Administration instrument flight rule (IFR) operations proceeding by submitting written amends 14 CFR part 71 as follows: for aircraft executing the GPS SIAP to RWY 31 at Truth or Consequences comments on the proposal to the FAA. PART 71Ð[AMENDED] Municipal Airport, Truth or No comments to the proposals were Consequences, NM. received. However, the proposal was 1. The authority citation for 14 CFR EFFECTIVE DATE: 0901 UTC, August 15, published with an incorrect coordinate part 71 continues to read as follows: for the location of the Cannon Air Force 1996. Authority: 49 U.S.C. 40103, 40113, 40120; FOR FURTHER INFORMATION CONTACT: Base. The correct coordinates for the E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 airport should have been (Lat. Donald J. Day, Operations Branch, Air Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Traffic Division, Southwest Region, 34°22′58′′N, long. 103°19′20′′W). The 11.69. Federal Aviation Administration, Fort description of the Class E airspace in § 71.1 [Amended] Worth, TX 76193–0530, telephone: 817– this rule has been revised to reflect this 222–5593. change. The FAA has determined that 2. The incorporation by reference in this change is editorial in nature and 14 CFR 71.1 of the Federal Aviation SUPPLEMENTARY INFORMATION: Administration Order 7400.9C, Airspace will not increase the scope of this rule. History Except for the non-substantive change Designations and Reporting Points, just discussed, the rule is adopted as dated August 17, 1995, and effective On January 31, 1996, a proposal to proposed. September 16, 1995, is amended as amend part 71 of the Federal Aviation follows: Regulations (14 CFR part 71) to revise The coordinates for this airspace Paragraph 6005: Class E Airspace areas the Class E airspace at Truth or docket are based on North American Consequences, NM, was published in Datum 83. Class E airspace designations extending upward from 700 feet or more above the surface of the earth. the Federal Register (61 FR 3350). A for airspace areas extending upward * * * * * GPS SIAP to RWY 31 developed for from 700 feet or more AGL are Truth or Consequences Municipal published in Paragraph 6005 of FAA ASW NM E5 Clovis, NM [Revised] Airport, Truth or Consequences, NM, Order 7400.9C dated August 17, 1995, Clovis, Cannon AFB, NM requires the revision of the Class E and effective September 16, 1995, which (lat. 34°22′58′′N., long. 103°19′20′′W.) airspace at this airport. The proposal is incorporated by reference in 14 CFR Portales Municipal Airport, NM was to revise the controlled airspace ° ′ ′′ ° ′ ′′ 71.1. The Class E airspace designation (lat. 34 08 43 N., long. 103 24 37 W.) extending upward from 700 feet AGL to listed in this document will be Texico VORTAC contain IFR operations in controlled (lat. 34°29′42′′N., long. 102°50′23′′W.) published subsequently in the Order. airspace during portions of the terminal That airspace extending upward from 700 operation and while transitioning The Rule feet above the surface within a 20-mile radius of Cannon AFB and within an 8-mile radius between the enroute and terminal This amendment to part 71 of the of Portales Municipal Airport and within 8 environments. Federal Aviation Regulations (14 CFR miles north and 4 miles south of the 072° Interested parties were invited to part 71) revises the Class E airspace radial of the Texico VORTAC extending from participate in this rulemaking located at Portales Municipal Airport, the 20-mile radius to 16 miles east of the proceeding by submitting written Portales, NM, to provide controlled VORTAC. comments on the proposal to the FAA. airspace extending upward from 700 * * * * * No comments to the proposal were feet AGL for aircraft executing the GPS Issued in Fort Worth, TX, on June 11, 1996. received. However, the proposal was SIAP to RWY 30. Albert L. Viselli, published with incorrect coordinates for the location of the Truth or The FAA has determined that this Acting Manager, Air Traffic Division, Southwest Region. Consequences Municipal Airport. The regulation only involves an established [FR Doc. 96–15644 Filed 6–18–96; 8:45 am] correct coordinates for the airport body of technical regulations that need should have been (Lat. 33°14′10′′N, BILLING CODE 4910±13±M frequent and routine amendments to long. 107°16′15′′W). The description of keep them operationally current. It, the Class E airspace in this rule has been therefore—(1) is not a ‘‘significant 14 CFR Part 71 revised to reflect this change. The FAA regulatory action’’ under Executive has determined that this change is Order 12866; (2) is not a ‘‘significant [Airspace Docket No. 95±ASW±34] editorial in nature and will not increase rule’’ under DOT Regulatory Policies the scope of this rule. Therefore, the and Procedures (44 FR 11034; February Revision of Class E Airspace; Truth or Consequences, NM rule is adopted as written. 26, 1979); and (3) does not warrant The coordinates for this airspace preparation of a regulatory evaluation as AGENCY: Federal Aviation docket are based on North American the anticipated impact is so minimal. Administration (FAA), DOT. Datum 83. Class E airspace designations Since this is a routine matter that will ACTION: Final rule. for airspace areas extending upward only affect air traffic procedures and air from 700 feet or more AGL are navigation, it is certified that this rule SUMMARY: This action revises the Class published in Paragraph 6005 of FAA will not have a significant economic E airspace extending upward from 700 Order 7400.9C dated August 17, 1995, impact on a substantial number of small feet above ground level (AGL) at Truth and effective September 16, 1995, which entities under the criteria of the or Consequences, NM. The development is incorporated by reference in 14 CFR Regulatory Flexibility Act. of a Global Positioning System (GPS) 71.1. The Class E airspace designation 31016 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations listed in this document will be (lat. 33°14′10′′N., long. 107°16′15′′W.) from 700 feet AGL to contain IFR published subsequently in the Order. Truth or Consequences VORTAC operations in controlled airspace during ° ′ ′′ ° ′ ′′ (lat. 33 16 57 N., long. 107 16 50 W.) positions of the terminal operation and The Rule That airspace extending upward from 700 while transitioning between the enroute This amendment to part 71 of the feet above the surface within a 6.7-mile and terminal environments. Federal Aviation Regulations (14 CFR radius of Truth or Consequences Municipal Interested parties were invited to Airport and within 1.4 miles each side of the part 71) amends the Class E airspace ° participate in this rulemaking 013 radial of the Truth or Consequences proceeding by submitting written located at Truth or Consequences VORTAC extending from the 6.7-mile radius Municipal Airport, Truth or to 7.5 miles northeast of the airport and comments on the proposal to the FAA. Consequences, NM, to provide within 1.6 miles each side of the 145° bearing No comments to the proposal were controlled airspace extending upward from the airport extending from the 6.7-mile received. Therefore, the rule is adopted from 700 feet AGL for aircraft executing radius to 8.4 miles southeast of the airport. as proposed. the GPS SIAP to RWY 31. * * * * * The coordinates for this airspace The FAA has determined that this Issued in Fort Worth, TX, June 11, 1996. docket are based on North American regulation only involves an established Albert L. Viselli, Datum 93. Class E airspace designations for airspaces areas extending upward body of technical regulations that need Acting Manager, Air Traffic Division, frequent and routine amendments to Southwest Region. from 700 feet or more AGL are published in Paragraph 6005 of FAA keep them operationally current. It, [FR Doc. 96–15643 Filed 6–18–96; 8:45 am] Order 7400.9C dated August 17, 1995, therefore—(1) Is not a ‘‘significant BILLING CODE 4910±13±M regulatory action’’ under Executive and effective September 16, 1996, which Order 12866; (2) is not a ‘‘significant is incorporated by reference in 14 CFR rule’’ under DOT regulatory Policies and 14 CFR Part 71 71.1. The Class E airspace designation Procedures (44 FR 11034; February 26, listed in this document will be [Airspace Docket No. 96±ASW±03] 1979); and (3) does not warrant published subsequently in the Order. preparation of a regulatory evaluation as Revision of Class E Airspace; The Rule the anticipated impact is so minimal. Arkadelphia, AR This amendment to part 71 of the Since this is a routine matter that will Federal Aviation Regulations (14 CFR AGENCY: Federal Aviation only affect air traffic procedures and air part 71) amends the Class E airspace Administration (FAA), DOT. navigation, it is certified that this rule located at Arkadelphia Municipal will not have a significant economic ACTION: Final rule. Airport, Arkadelphia, AR, to provide impact on a substantial number of small SUMMARY: This action revises the Class controlled airspace extending upward entities under the criteria of the from 700 feet AGL for aircraft executing Regulatory Flexibility Act. E airspace extending upward from 700 feet above ground level (AGL) at the GPS SIAP to RWY 04. List of Subjects in 14 CFR Part 71 Arkadelphia, AR. The development of a The FAA has determined that this regulation only involves an established Global Positioning System (GPS) Airspace, Incorporation by reference, body of technical regulations that need Standard Instrument Approach Navigation (air). frequent and routine amendments to Procedure (SIAP) to Runway (RWY) 04 keep them operationally current. It, Adoption of the Amendment at Arkadelphia Municipal Airport has therefore—(1) is not a ‘‘significant made this action necessary. This action In consideration of the foregoing, the regulatory action’’ under Executive is intended to provide adequate Class E Federal Aviation Administration order 12866; (2) is not a ‘‘significant airspace to contain instrument flight amends 14 CFR part 71 as follows: rule’’ under DOT Regulatory Policies rule (IFR) operations for aircraft and Procedures (44 FR 11034; February executing the GPS SIAP to RWY 04 at PART 71Ð[AMENDED] 26, 1979); and (3) does not warrant Arkadelphia Municipal Airport, preparation of a regulatory evaluation as 1. The authority citation for 14 CFR Arkadelphia, AR. part 71 continues to read as follows: the anticipated impact is so minimal. EFFECTIVE DATE: 0901 UTC, August 15, Since this is a routine matter that will Authority: 49 U.S.C. 40103, 40113, 40120; 1996. only affect air traffic procedures and air E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 FOR FURTHER INFORMATION CONTACT: navigation, it is certified that this rule Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Donald J. Day, Operations Branch, Air 11.69. will not have a significant economic Traffic Division, Southwest Region, impact on a substantial number of small § 71.1 [Amended] Federal Aviation Administration, Fort entities under the criteria of the The incorporation by reference in 14 Worth, TX 76193–0530, telephone 817– Regulatory Flexibility Act. 222–5593. CFR 71.1 of the Federal Aviation List of Subjects in 14 CFR Part 71 Administration Order 7400.9C, Airspace SUPPLEMENTARY INFORMATION: Airspace, Incorporation by reference, Designations and Reporting Points, History Navigation (air). dated August 17, 1995, and effective September 16, 1995, is amended as On January 31, 1996, a proposal to Adoption of the Amendment amend part 71 of the Federal Aviation follows: In consideration of the foregoing, the Regulations (14 CFR part 71) to revise Federal Aviation Administration Paragraph 6005: Class E Airspace areas the Class E airspace at Arkadelphia, AR, extending upward from 700 feet or more amends 14 CFR part 71 as follows: above the surface of the earth. was published in the Federal Register (61 FR 3347). A GPS SIAP to RWY 04 PART 71Ð[AMENDED] * * * * * developed for Arkadelphia Municipal ASW NM E5 Truth or Consequences, NM Airport, Arkadelphia, AR, requires the 1. The authority citation for 14 CFR [Revised] revision of the Class E airspace at this part 71 continues to read as follows: Truth or Consequences Municipal Airport, airport. The proposal was to revise the Authority: 49 U.S.C. 40103, 40113, 40120; NM controlled airspace extending upward E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31017

Comp., p. 389; 49 U.S.C. 106(g); 14 CFR SUPPLEMENTARY INFORMATION: List of Subjects in 14 CFR Part 71 11.69. History Airspace, Incorporation by reference, § 71.1 [Amended] Navigation (air). On January 31, 1996, a proposal to 2. The incorporation by reference in amend part 71 of the Federal Aviation Adoption of the Amendment 14 CFR 71.1 of the Federal Aviation Regulations (14 CFR part 71) to revise In consideration of the foregoing, the Administration Order 7400.9C, Airspace the Class E airspace at Burns Flat, OK, Designations and Reporting Points, Federal Aviation Administration was published in the Federal Register dated August 17, 1995, and effective amends 14 CFR part 71 as follows: (61 FR 3353). A GPS SIAP to RWY 17 September 16, 1995, is amended as developed for Clinton-Sherman Airport, follows: PART 71Ð[AMENDED] Burns Flat, OK, requires the revision of Paragraph 6005: Class E Airspace areas Class E airspace at this airport. The 1. The authority citation for 14 CFR extending upward from 700 feet or more proposal was to establish controlled part 71 continues to read as follows: above the surface of the earth. airspace extending upward from 700 Authority: 49 U.S.C. 40103, 40113, 40120; * * * * * feet AGL to contain IFR operations in E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 ASW AR E5 Arkadelphia, AR [Revised] controlled airspace during portions of Comp., p. 389; 49 U.S.C. 106(g); 14 CFR the terminal operation and while 11.69. Arkadelphia Municipal Airport, AR (lat. 35°05′59′′ N., long. 93°03′58′′ W.) transitioning between the enroute and § 71.1 [Amended] terminal environments. Arkadelphia RBN 2. The incorporation by reference in (lat. 34°03′19′′ N., long. 93°06′18′′ W.) Interested parties were invited to 14 CFR 71.1 of the Federal Aviation participate in this rulemaking That airspace extending upward from 700 Administration Order 7400.9C, Airsapce feet above the surface within a 6.6-mile proceeding by submitting written Designations and Reporting Points, radius of Arkadelphia Municipal Airport and comments on the proposal to the FAA. ° dated August 17, 1995, and effective within 2.6 miles each side of the 222 bearing No comments to the proposal were September 16, 1995, is amended as from the Arkadelphia RBN extending from received. Therefore, the rule is adopted the 6.6-mile radius to 10.7 miles southwest follows: of the airport. as proposed. Paragraph 6005: Class E Airspace areas * * * * * The coordinates for this airspace docket are based on North American extending upward from 700 feet or more Issued in Fort Worth, TX, on June 11, 1996. above the surface of the earth. Albert L. Viselli, Datum 83. Class E airspace designations for airspace areas extending upward * * * * * Acting Manager, Air Traffic Division, Southwest Region. from 700 feet or more AGL are ASW OK E5 Burns Flat, OK [Revised] published in Paragraph 6005 of FAA [FR Doc. 96–15642 Filed 6–18–96; 8:45 am] Clinton-Sherman Airport, OK Order 7400.9C dated August 17, 1995, ° ′ ′′ ° ′ ′′ BILLING CODE 4910±13±M (lat. 35 20 23 N., long. 99 12 02 W.) and effective September 16, 1995, which Burns Flat VORTAC is incorporated by reference in 14 CFR (lat. 35°14′13′′ N., long. 99°12′22′′ W.) 14 CFR Part 71 71.1. The Class E airspace designation That airspace extending upward from 700 listed in this document will be feet above the surface within a 8.2-mile [Airspace Docket No. 95±ASW±36] published subsequently in the Order. radius of Clinton-Sherman Airport and within 8 miles west and 4 miles east of the Revision of Class E Airspace; Burns The Rule 183° radial of the Burns Flat VORTAC from Flat, OK This amendment to part 71 of the the 8.2-mile radius to 22.3 miles south of the airport and within 1.8 miles each side of the AGENCY: Federal Aviation Regulations (14 CFR Federal Aviation 360° bearing from the airport extending from Administration (FAA), DOT. part 71) revises the Class E airspace the 8.2-mile radius to 10 miles north of the ACTION: Final rule. located at Burns Flat, OK, to provide airport; excluding that airspace within the controlled airspace extending upward Elk City, OK, and the Hobart, OK, Class E SUMMARY: This action revises the Class from 700 feet AGL for aircraft executing airspace areas. E airspace extending upward from 700 the GPS SIAP to RWY 17 at Clinton- * * * * * feet above ground level (AGL) at Burns Sherman Airport. Issued in Forth Worth, TX, on June 11, Flat, OK. The development of a Global The FAA has determined that this 1996. Positioning System (GPS) standard regulation only involves an established Albert L. Viselli, instrument approach procedure (SIAP) body of technical regulations that need Acting Manager, Air Traffic Division, to Runway (RWY) 17 at Clinton- frequent and routine amendments to Southwest Region. Sherman Municipal Airport has made keep them operationally current. It, [FR Doc. 96–15638 Filed 6–18–96; 8:45 am] this action necessary This action is therefore—(1) is not a ‘‘significant BILLING CODE 4910±13±M intended to provide adequate Class E regulatory action’’ under Executive airspace to contain instrument flight Order 12866; (2) is not a ‘‘significant rule (IFR) operations for aircraft rule’’ under DOT Regulatory Policies 14 CFR Part 71 executing the GPS SIAP to RWY 17 at and Procedures (44 FR 11034; February Clinton-Sherman Airport, Burns Flat, 26, 1979); and (3) does not warrant [Airspace Docket No. 95±ASW±35] OK. preparation of a regulatory evaluation as Revision of Class E Airspace; Alice, TX EFFECTIVE DATE: 0901 UTC, August 15, the anticipated impact is so minimal. 1996. Since this is a routine matter that will AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: only affect air traffic procedures and air Administration (FAA), DOT. Donald J. Day, Operations Branch, Air navigation, it is certified that this rule ACTION: Final rule. Traffic Division, Southwest Region, will not have a significant economic Federal Aviation Administration, Fort impact on a substantial number of small SUMMARY: This action revises the Class Worth, TX 76193–0530, telephone: (817) entities under the criteria of the E airspace extending upward from 700 222–5593. Regulatory Flexibility Act. feet above ground level (AGL) at Alice, 31018 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

TX. The development of a Global 71.1. The Class E airspace designation (lat. 27°54′04′′N., long. 98°03′06′′W.) Positioning System (GPS) standard listed in this document will be Navy Orange Grove TACAN ° ′ ′′ ° ′ ′′ instrument approach procedure (SIAP) published subsequently in the Order. (lat. 27 53 43 N., long. 98 02 33 W.) to Runway (RWY) 31 at Alice Kingsville, Kleberg County Airport, TX The Rule (lat. 27°33′03′′N., long. 98°01′51′′W.) International Airport has made this action necessary. This action is This amendment to part 71 of the That airspace extending upward from 700 feet above the surface within a 7.5-mile intended to provide adequate Class E Federal Aviation Regulations (14 CFR radius of Alice International Airport and airspace to contain instrument flight part 71) revises the Class E airspace within 2 miles each side of the 135° bearing rule (IFR) operations for aircraft located at Alice, TX, to provide from Alice International Airport extending executing the GPS SIAP to RWY 31 at controlled airspace extending upward from the 7.5-mile radius to 9.8 miles Alice International Airport, Alice, TX. from 700 feet AGL for aircraft executing southeast of the airport and within a 7.2-mile EFFECTIVE DATE: 0901 UTC, August 15, the GPS SIAP to RWY 31 at Alice radius of Orange Grove NALF and within 1.6 ° 1996. International Airport. miles each side of the 129 radial of the Navy The FAA has determined that this Orange Grove TACAN extending from the FOR FURTHER INFORMATION CONTACT: 7.2-mile radius to 11.7 miles southeast of the Donald J. Day, Operations Branch, Air regulation only involves an established airport and within 1.5 miles each side of the Traffic Division, Southwest Region, body of technical regulations that need 320° radial of the Navy Orange Grove Federal Aviation Administration, Fort frequent and routine amendments to TACAN extending from the 7.2-mile radius Worth, TX 76193–0530, telephone: (817) keep them operationally current. It, to 9.7 miles northwest of the airport and 222–5593. therefore)—(1) is not a ‘‘significant within a 6.5-mile radius of Kleberg County regulatory action’’ under Executive Airport. SUPPLEMENTARY INFORMATION: Order 12866; (2) is not a significant * * * * * History rule’’ under DOT Regulatory Policies Issued in Fort Worth, TX, on June 11, 1996. On January 31, 1996, a proposal to and Procedures (44 FR 11034; February Albert L. Viselli, amend part 71 of the Federal Aviation 26, 1979); and (3) does not warrant Acting Manager, Air Traffic Division, Regulations (14 CFR part 71) to revise preparation of a regulatory evaluation as Southwest Region. the Class E airspace at Alice, TX, was the anticipated impact is so minimal. [FR Doc. 96–15636 Filed 6–18–96; 8:45 am] published in the Federal Register (61 Since this is a routine matter that will BILLING CODE 4910±13±M FR 3355). A GPS SIAP to RWY 31 only affect air traffic procedures and air developed for Alice International navigation, it is certified that this rule Airport, Alice, TX, requires the revision will not have a significant economic 14 CFR Part 71 impact on a substantial number of small of Class E airspace at this airport. The [Airspace Docket No. 96±AEA±04] proposal was to establish controlled entities under the criteria of the airspace extending upward from 700 Regulatory Flexibility Act. Establishment of Class E Airspace; feet AGL to contain IFR operations in List of Subjects in 14 CFR Part 71 Mitchellville, MD controlled airspace during portions of AGENCY: the terminal operation and while Airspace, Incorporation by reference Federal Aviation transitioning between the en route and Navigation (air). Administration (FAA) DOT. ACTION: terminal environments. Adoption of the Amendment Final rule. Interested parties were invited to In consideration of the foregoing, the SUMMARY: This action establishes Class participate in this rulemaking E airspace at Freeway Airport, proceeding by submitting written Federal Aviation Administration amends 14 CFR part 71 as follows: Mitchellville, MD. The development of comments on the proposal to the FAA. a Very High Frequency Omni- No comments to the proposal were PART 71Ð[AMENDED] Directional Range (VOR) Standard received. However, the proposal was Instrument Approach Procedure (SIAP) published with an incorrect description 1. The authority citation for 14 CFR to Runway (RWY) 36 at Freeway Airport of the extension of Class E airspace part 71 continues to read as follows: has made this action necessary. The within 2 miles each side of the 135° Authority: 49 U.S.C. 40103, 40113, 40120; intended effect of this action is to bearing from Alice International Airport E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 provide adequate controlled airspace for extending from the 7 mile radius to 9.8 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Instrument Flight Rules (IFR) operations miles southeast of the airport. This 11.69. at Freeway Airport. extension should have been written as EFFECTIVE DATE: extending from the 7.5-mile radius to § 71.1 [Amended] 0901 UTC, August 15, 1996. 9.8 miles southeast of the airport. The 2. The incorporation by reference in FAA has determined that this change is 14 CFR 71.1 of the Federal Aviation FOR FURTHER INFORMATION CONTACT: editorial in nature and will not increase Administration Order 7400.9C, Airspace Mr. Frances T. Jordan, Airspace the scope of the rule. Designations and Reporting Points, Specialist, Operations Branch, AEA– Therefore, except for this non- dated August 17, 1995, and effective 530, Air Traffic Division, Eastern substantive change, the rule is adopted Region, Federal Aviation September 16, 1995, is amended as # as written. follows: Administration, Federal Building 111, The coordinates for this airspace John F. Kennedy International Airport, docket are based on North American Paragraph 6005: Class E Airspace areas Jamaica, New York 11430, telephone: extending upward from 700 feet or more (718) 553–4521. Datum 83. Class E airspace designations above the surface of the earth. for airspace areas extending upward SUPPLEMENTARY INFORMATION: from 700 feet or more AGL are * * * * * published in Paragraph 6005 of FAA ASW TX E5 Alice, TX [Revised] History Order 7400.9C dated August 17, 1995, Alice International Airport, TX On April 30, 1996, the FAA proposed and effective September 16, 1995, which (lat. 27°44′27′′N., long. 98°01′38′′W.) to amend Part 71 of the Federal Aviation is incorporated by reference in 14 CFR range Grove NALF, TX Regulations (14 CFR Part 71) by Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31019 establishing a Class E airspace area at § 71.1 [Amended] Worth, TX, between 9:00 a.m. and 3:00 Freeway Airport, Mitchellville, MD (61 2. The incorporation by reference in p.m., Monday through Friday, except FR 18999). The development of a VOR 14 CFR 71.1 of Federal Aviation Federal holidays. An informal docket SIAP at Freeway Airport has made this Administration Order 7400.9C, Airspace may also be examined during normal action necessary. Designations and Reporting Points, business hours at the Operations Interested parties were invited to dated August 17, 1995 and effective Branch, Air Traffic Division, Federal participate in this rulemaking September 16, 1995, is amended as Aviation Administration, Southwest proceeding by submitting written follows: Region, Room 414, Fort Worth, TX. comments on the proposal to the FAA. Paragraph 6005 Class E airspace areas FOR FURTHER INFORMATION CONTACT: No comments objecting to the proposal extending upward from 700 feet or more Donald J. Day, Operations Branch, Air were received. Class E airspace areas above the surface of the earth. Traffic Division, Southwest Region, designations are published in paragraph * * * * * Federal Aviation Administration, Fort 6005 of FAA Order 7400.9C, dated Worth, TX 76193–0530, Telephone: August 17, 1995, and effective AEA MD E5 Mitchellville, MD [New] 817–222–5593. September 16, 1995, which is Freeway Airport, MD incorporated by reference in 14 CFR (Lat. 38°56′25′′N, Long. 76°46′19′′W) SUPPLEMENTARY INFORMATION: 71.1. The Class E airspace designation That airspace extending upward from 700 Request for Comments on the Rule feet above the surface within a 6-mile radius listed in this document will be Although this action is a final rule, published subsequently in the Order. of the Freeway Airport excluding that portion within the College Park, MD and the which involves the revocation of Class The Rule Washington, DC 700 foot Class E Airspace E airspace at Johnson City, TX, and was Area. not preceded by notice and public This amendment to Part 71 of the procedure, comments are invited on the Federal Aviation Regulations (14 CFR * * * * * rule. However, after the review of any Part 71) establishes a Class E airspace Issued in Jamaica, New York on June 11, 1996. comments and, if the FAA finds that area at Mitchellville, MD. The further changes are appropriate, it will development of a VOR SIAP at Freeway John S. Walker, initiate rulemaking proceedings to Airport has made this action necessary. Manager, Air Traffic Division, Eastern Region. extend the effective date or to amend The intended effect of this action is to [FR Doc. 96–15630 Filed 6–18–96; 8:45 am] the regulation. provide adequate Class E airspace for BILLING CODE 4910±13±M Interested parties are invited to aircraft executing the VOR RWY 36 participate in this rulemaking SIAP at the airport. proceeding by submitting written The FAA has determined that this 14 CFR Part 71 comments on the proposal to the FAA. regulation only involves an established [Airspace Docket No. 96±ASW±14] Comments that provide the factual basis body of technical regulations for which supporting the views and suggestions frequent and routine amendments are Revocation of Class E Airspace; presented are particularly helpful in necessary to keep them operationally Johnson City, TX evaluating the effects of the rule, and in current. Therefore, this regulation—(1) AGENCY: Federal Aviation determining whether additional is not a ‘‘significant regulatory action’’ Administration (FAA), DOT. rulemaking is required. under Executive Order 12866; (2) is not ACTION: Class E airspace designations are a ‘‘significant rule’’ under DOT Final rule; request for published in Paragraph 6005 of FAA Regulatory Policies and Procedures (44 comments. Order 7400.9C dated August 17, 1995, FR 10034; February 26, 1979); and (3) SUMMARY: This action revokes the Class and effective September 16, 1995, which does not warrant preparation of a E airspace at Johnson City, TX. This is incorporated by reference in 14 CFR regulatory evaluation as the anticipated revocation of Class E airspace results 71.1. The Class E airspace designation impact is so minimal. Since this is a from the decommissioning of the listed in this document will be routine matter that will only affect air standard instrument approach published subsequently in the Order. traffic procedures and air navigation, it procedures (SIAP’s) at Johnson City is certified that this rule will not have Airport, Johnson City, TX. This action is The Rule significant economic impact on a intended to revoke the Class E airspace This amendment to part 71 of the substantial number of small entities at Johnson City, TX, that was previously Federal Aviation Regulations (14 CFR under the criteria of the Regulatory needed to protect aircraft operating part 71) revokes the Class E airspace Flexibility Act. under instrument flight rules (IFR) at providing controlled airspace for IFR List of Subjects in 14 CFR Part 71 Johnson City Airport. operations at Johnson City Airport, DATES: Effective date. 0901 UTC, July 5, Johnson City, TX. The current Class E Airspace, Incorporation by reference, 1996. airspace description includes airspace Navigation (air). Comment date. Comments must be to protect aircraft operating under IFR at Adoption of the Amendment received on or before August 19, 1996. the airport. The SIAP to Johnson City ADDRESSES: Airport was decommissioned, and there In consideration of the foregoing, the Send comments on the rule is no longer a published IFR approach Federal Aviation Administration in triplicate to Manager, Operations to that airport. Therefore, Class E amends 14 CFR Part 71 as follows: Branch, Air Traffic Division, Federal Aviation Administration, Southwest airspace is no longer needed. PART 71Ð[AMENDED] Region, Docket No. 96–ASW–14, Fort Since this action merely revokes Class Worth, TX 76193–0530. E airspace as a result of the elimination 1. The authority citation for 14 CFR The official docket may be examined of IFR approach and departure Part 71 continues to read as follows: in the Office of the Assistant Chief requirements at Johnson City Airport, Authority: 49 U.S.C. 106(g), 40103, 40113, Counsel, Federal Aviation notice and public procedure under 5 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Administration, Southwest Region, 2601 U.S.C. 553(b) are unnecessary. The Class 1963 Comp., P. 389; 14 CFR 11.69. Meacham Boulevard, Room 663, Fort E airspace must be revoked to avoid 31020 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations confusion on the part of the pilots flying 14 CFR Part 71 body of technical regulations for which in the vicinity of the airport, and to frequent and routine amendments are [Airspace Docket No. 95±ANE±22] promote the safe and efficient handling necessary to keep them operationally of air traffic in the area. Alteration of V±268 current. It, therefore—(1) is not a Therefore, we find that notice and ‘‘significant regulatory action’’ under public procedure under 5 U.S.C. 553(d) AGENCY: Federal Aviation Executive Order 12866; (2) is not a are unnecessary and good cause exists Administration (FAA), DOT. ‘‘significant rule’’ under DOT for making this amendment effective in ACTION: Final rule. Regulatory Policies and Procedures (44 less than thirty days. FR 11034; February 26, 1979); and (3) SUMMARY: This rule extends Federal The FAA has determined that this does not warrant preparation of a Airway V–268 from the BURDY regulation only involves an established regulatory evaluation as the anticipated intersection in Rhode Island to the body of technical regulations that need Augusta, ME, Very High Frequency impact is so minimal. Since this is a frequent and routine amendments to Omnidirectional Range (VOR). This routine matter that will only affect air keep them operationally current. It, action simplifes air traffic procedures traffic procedures and air navigation, it therefore—(1) is not a ‘‘significant and enhances air traffic service. In is certified that this rule will not have regulatory action’’ under Executive addition, the airspace designation a significant economic impact on a Order 12866; (2) is not a ‘‘significant included a reference to Restricted Area substantial number of small entities rule’’ under DOT Regulatory Policies 4001 (R–4001), which is corrected to R– under the criteria of the Regulatory and Procedures (44 FR 11034; February 4001B. Flexibility Act. 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as EFFECTIVE DATE: 0901 UTC, August 15, List of Subjects in 14 CFR Part 71 the anticipated impact is so minimal. 1996. Airspace, Incorporation by reference, Since this is a routine matter that will FOR FURTHER INFORMATION CONTACT: only affect air traffic procedures and air Patricia P. Crawford, Airspace and Rules Navigation (air). navigation, it is certified that this rule Division, ATA–400, Office of Air Traffic Adoption of the Amendment will not have a significant economic Airspace Management, Federal Aviation impact on a substantial number of small Administration, 800 Independence In consideration of the foregoing, the entities under the criteria of the Avenue, SW., Washington, DC 20591; Federal Aviation Administration Regulatory Flexibility Act. telephone: (202) 267-8783. amends 14 CFR part 71 as follows: SUPPLEMENTARY INFORMATION: List of Subjects in 14 CFR Part 71 PART 71Ð[AMENDED] Airspace, Incorporation by reference, History Navigation (air). On October 5, 1995, the FAA 1. The authority citation for part 71 proposed to amend Title 14 of the Code continues to read as follows: Adoption of the Amendment of Federal Regulations part 71 (14 CFR Authority: 49 U.S.C. 106(g), 40103, 40113, In consideration of the foregoing, the part 71) to extend V–268 (60 FR 52134). 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Federal Aviation Administration Interested parties were invited to 1963 Comp., p. 389; 14 CFR 11.69. amends 14 CFR part 71 as follows: participate in this rulemaking proceeding by submitting written § 71.1 [Amended] PART 71Ð[AMENDED] comments on the proposal to the FAA. 2. The incorporation by reference in No comments objecting to the proposal 14 CFR 71.1 of the Federal Aviation 1. The authority citation for 14 CFR were received. Except for editorial part 71 continues to read as follows: Administration Order 7400.9C, Airspace changes, this amendment is the same as Designations and Reporting Points, Authority: 49 U.S.C. 40103, 40113, 40120; that proposed in the notice. Domestic dated August 17, 1995, and effective E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 VOR Federal airways are published in Comp., p. 389; 49 U.S.C. 106(g); 14 CFR September 16, 1995, is amended as paragraph 6010(a) of FAA Order follows: 11.69. 7400.9C dated August 17, 1995, and § 71.1 [Amended] effective September 16, 1995, which is Paragraph 6010(a)—Domestic VOR Federal incorporated by reference in 14 CFR Airways 2. The incorporation by reference in 71.1. The airway listed in this document * * * * * 14 CFR 71.1 of the Federal Aviation will be published subsequently in the Administration Order 7400.9C, Airspace V–268 [Revised] Order. Designations and Reporting Points, From INT Morgantown, WV, 010° and dated August 17, 1995, and effective The Rule Johnstown, PA, 260° radials; Indian Head, September 16, 1995, is amended as This amendment to 14 CFR part 71 PA; Hagerstown, MD; Westminster, MD; follows: extends V–268 from the BURDY Baltimore, MD; INT Baltimore 093° and Paragraph 6005 Class E airspace areas from intersection in Rhode Island to the Smyrna, DE, 262° radials; Smyrna; INT 700 feet or more above the surface of the Augusta, ME, VOR. Extending V–268 Smyrna 086° and Sea Isle, NJ, 050° radials; earth. will provide a transition route to INT Sea Isle 050° and Hampton, NY, 223° * * * * * support the approach at the Portland radials; Hampton; Sandy Point, RI; to INT International Jetport Airport, ME, Sandy Point 031° and Kennebunk, ME, 180° ASW TX E5 Johnson City, TX [Revoked] thereby, simplifying air traffic radials; INT Kennebunk 180° and Boston, * * * * * procedures and enhancing air traffic MA, 032° radials; INT Boston 032° and Issued in Fort Worth, TX, on June 11, 1996. service. In addition, the airspace Augusta, ME, 195° radials; to Augusta. The Albert L. Viselli, designation included a reference to R– airspace within R–4001B and the airspace Acting Manager, Air Traffic Division, South. 4001, which is corrected to R–4001B. below 2,000 feet MSL outside the United [FR Doc. 96–15641 Filed 6–18–96; 8:45 am] The FAA has determined that this States is excluded. BILLING CODE 4910±13±M regulation only involves an established * * * * * Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31021

Issued in Washington, DC, on June 12, FL 300, as new subareas R–2104D and PART 73Ð[AMENDED] 1996. R–2104E. The time of designation for Harold W. Becker, subareas R–2104D and R–2104E is ‘‘By 1. The authority citation for part 73 Acting Program Director for Air Traffic, Notice to Airmen (NOTAM) 6 hours in continues to read as follows: Airspace Management. advance. This amendment enables the Authority: 49 U.S.C. 106(g), 40103, 40113, [FR Doc. 96–15637 Filed 6–18–96; 8:45 am] using agency to accomplish its mission 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– BILLING CODE 4910±13±P while improving the capability to 1963 Comp., p. 389; 14 CFR 11.69. activate only the minimum amount of restricted airspace necessary for that § 73.21 [Amended] 14 CFR Part 73 mission. No additional restricted 2. Section 73.21 is amended as airspace is designated by this action. [Airspace Docket No. 96±ASO±4] follows: Further, the existing R–2104B is not R–2104A Huntsville, AL [Amended] Subdivision of Restricted Areas R± affected by this amendment. This action 2104A and R±2104C, Huntsville, AL involves the further subdivision of By removing the current ‘‘Designated existing restricted areas and enhances altitudes. Surface to FL 300’’ and AGENCY: Federal Aviation efficient airspace utilization. Therefore, substituting the following: Administration (FAA), DOT. I find that notice and public procedure ‘‘Designated altitudes. Surface to ACTION: Final rule. under 5 U.S.C. 553(b) are unnecessary 12,000 feet MSL.’’ since this action is a minor amendment SUMMARY: This action subdivides in which the public would not be R–2104C Huntsville, AL [Amended] Restricted Areas 2104A (R–2104A) and particularly interested. The coordinates By removing the current ‘‘Designated R–2104C, Huntsville, AL, into two areas for this airspace docket are based on altitudes. Surface to FL 300’’ and to permit more efficient use of the North American Datum 83. Section substituting the following: airspace. Specifically, the altitudes of 73.21 of part 73 of the Federal Aviation subareas R–2104A and R–2104C, are Regulations was republished in FAA ‘‘Designated altitudes. Surface to redesignated from the current ‘‘surface Order 7400.8C dated June 19, 1995. 12,000 feet MSL.’’ to FL 300’’ to ‘‘surface to 12,000 feet The FAA has determined that this R–2104D Huntsville, AL [New] mean sea level (MSL).’’ Additionally, regulation only involves an established the remaining restricted airspace, from body of technical regulations for which Boundaries. Beginning at lat. 12,000 feet MSL to FL 300, is redefined frequent and routine amendments are 34°38′40′′ N., long. 86°43′00′′ W.; to lat. as subareas R–2104D and R–2104E. No necessary to keep them operationally 34°38′40′′ N., long. 86°41′00′′ W.; to lat. new restricted airspace is established by current. It, therefore—(1) is not a 34°38′00′′ N., long. 86°40′53′′ W.; to lat. this amendment and the existing ‘‘significant regulatory action’’ under 34°37′35′′ N., long. 86°37′40′′ W.; to lat. subarea R–2104B is not affected by this Executive Order 12866; (2) is not a 34°37′00′′ N., long. 86°37′00′′ W.; to lat. action. ‘‘significant rule’’ under DOT 34°36′27′′ N., long. 86°36′38′′ W.; to lat. EFFECTIVE DATE: 0901 UTC, August 15, Regulatory Policies and Procedures (44 34°34′50′′ N., long. 86°36′38′′ W.; thence 1996. FR 11034; February 26, 1979); and (3) west along the Tennessee River to lat. ° ′ ′′ ° ′ ′′ FOR FURTHER INFORMATION CONTACT: Paul does not warrant preparation of a 34 35 02 N., long. 86 43 25 W.; to lat. ° ′ ′′ ° ′ ′′ Gallant, Airspace and Rules Division, regulatory evaluation as the anticipated 34 37 19 N., long. 86 43 20 W.; to lat. ° ′ ′′ ° ′ ′′ ATA–400, Office of Air Traffic Airspace impact is so minimal. Since this is a 34 37 19 N., long. 86 43 05 W.; thence Management, Federal Aviation routine matter that will only affect air to the point of beginning. Administration, 800 Independence traffic procedures and air navigation, it Designated altitudes. 12,000 feet MSL Avenue, SW., Washington, DC 20591; is certified that this rule will not have to FL 300. telephone: (202) 267–8783. a significant economic impact on a Time of designation. By NOTAM 6 substantial number of small entities SUPPLEMENTARY INFORMATION: hours in advance. under the criteria of the Regulatory Controlling agency. FAA, Memphis The Rule Flexibility Act. ARTCC. This amendment to 14 CFR part 73 Environmental Review Using agency. Commanding General, subdivides R–2104A and R–2104C, This action further subdivides U.S. Army Missile Command, Redstone Huntsville, AL, to enable more efficient existing restricted airspace to permit Arsenal, AL. utilization of airspace. Currently, R– more efficient airspace utilization. R–2104E Huntsville, AL [New] 2104A and R–2104C extend from the There are no changes to air traffic surface to Flight Level 300 (FL 300). The control procedures or routes as a result Boundaries. Beginning at lat. using agency frequently conducts of this action. Therefore, this action is 34°41′25′′ N., long. 86°42′57′′ W.; to lat. activities within R–2104A and R–2104C not subject to environmental 34°42′00′′ N., long. 86°41′35′′ W.; to lat. which require restricted airspace only assessments and procedures under FAA 34°38′40′′ N., long. 86°41′00′′ W.; to lat. up to 12,000 feet MSL. However, due to Order 1050.1D, ‘‘Policies and 34°38′40′′ N., long. 86°43′00′′ W.; thence the current configuration of the areas, Procedures for Considering to the point of beginning. airspace is actually restricted up to FL Environmental Impacts,’’ and the Designated altitudes. 12,000 feet MSL 300 whenever R–2104A and/or R–2104C National Environmental Policy Act. to FL 300. are activated. This unnecessarily limits public access to a portion of the List of Subjects in 14 CFR Part 73 Time of designation. By NOTAM 6 hours in advance. airspace. This amendment subdivides Airspace, Navigation (air). R–2104A and R–2104C by redesignating Controlling agency. FAA, Memphis their altitudes to extend from the Adoption of the Amendment ARTCC. surface to 12,000 feet MSL, and by In consideration of the foregoing, the Using agency. Commanding General, redefining the remaining restricted Federal Aviation Administration U.S. Army Missile Command, Redstone airspace, between 12,000 feet MSL and amends 14 CFR part 73 as follows: Arsenal, AL. 31022 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

Issued in Washington, DC, on June 11, Regulatory Policies and Procedures (44 SOCIAL SECURITY ADMINISTRATION 1996. FR 11034; February 26, 1979); and (3) Harold W. Becker, does not warrant preparation of a 20 CFR Parts 404 and 416 Acting Program Director for Air Traffic regulatory evaluation as the anticipated [Regulations Nos. 4 and 16] Airspace Management. impact is so minimal. Since this is a [FR Doc. 96–15635 Filed 6–18–96; 8:45 am] routine matter that will only affect air RIN 0960±AD39 traffic procedures and air navigation, it BILLING CODE 4910±13±P Payment for Vocational Rehabilitation is certified that this rule will not have Services Furnished Individuals During a significant economic impact on a Certain Months of Nonpayment of 14 CFR Part 73 substantial number of small entities Supplemental Security Income under the criteria of the Regulatory [Airspace Docket No. 96±ASO±8] Benefits Flexibility Act. Change in Using Agency for Restricted Environmental Review AGENCY: Social Security Administration Area R±2905A and R±2905B, Tyndall (SSA). AFB, FL This action changes the using agency ACTION: Final rules. of the affected restricted areas. There are AGENCY: Federal Aviation no changes to the boundaries, SUMMARY: We are amending our Administration (FAA), DOT. designated altitudes, times of regulations relating to payment for ACTION: Final rule. designation, or activities conducted vocational rehabilitation (VR) services within these restricted areas. Further, provided to recipients of supplemental SUMMARY: This action changes the using this action will not require any changes security income (SSI) benefit payments agency for Restricted Area 2905A (R– to existing air traffic procedures. based on disability or blindness under 2905A) and R–2905B, Tyndall Air Force Accordingly, this action is not subject to title XVI of the Social Security Act (the Base (AFB), FL, from ‘‘Air Defense environmental assessments and Act). These regulations reflect section Weapons Center, Tyndall AFB, FL’’ to procedures as set forth in FAA Order 5037 of the Omnibus Budget ‘‘325 Fighter Wing (FW), Tyndall AFB, 1050.1D, ‘‘Policies and Procedures for Reconciliation Act of 1990 (OBRA FL.’’ Considering Environmental Impacts.’’ 1990). Section 5037 of OBRA 1990 EFFECTIVE DATE: 0901 UTC, August 15, added section 1615(e) to the Act which 1996. List of Subjects in 14 CFR Part 73 authorizes the Commissioner of Social FOR FURTHER INFORMATION CONTACT: Paul Airspace, Navigation (air). Security (the Commissioner) to pay a Gallant, Airspace and Rules Division, State VR agency for costs incurred in ATA–400, Office of Air Traffic Airspace Adoption of the Amendment furnishing VR services to an individual Management, Federal Aviation In consideration of the foregoing, the during certain months for which the Administration, 800 Independence Federal Aviation Administration individual did not receive SSI payments Avenue, SW., Washington, DC 20591; amends 14 CFR part 73 as follows: based on disability or blindness as well telephone: (202) 267–8783. as during months for which the PART 73Ð[AMENDED] individual did receive such payments. SUPPLEMENTARY INFORMATION: We also are amending our regulations The Rule 1. The authority citation for part 73 on VR payments to clarify certain rules continues to read as follows: This amendment to 14 CFR part 73 and remove some outdated rules. changes the using agency for R–2905A Authority: 49 U.S.C. 106(g), 40103, 40113, EFFECTIVE DATE: These regulations are and R–2905B, Tyndall AFB, FL, from 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– effective June 19, 1996. ‘‘Air Defense Weapons Center, Tyndall 1963 Comp., p. 389; 14 CFR 11.69. FOR FURTHER INFORMATION CONTACT: AFB, FL’’ to ‘‘325 FW, Tyndall AFB, § 73.29 [Amended] Regarding this Federal Register FL.’’ This is an administrative change to document—Richard M. Bresnick, Legal reflect a reorganization of 2. R–2905A Tyndall AFB, FL Assistant, Division of Regulations and responsibilities within the United States [Amended] Rulings, Social Security Administration, Air Force. There are no changes to the By removing ‘‘Using agency. Air 6401 Security Boulevard, Baltimore, MD boundaries, designated altitudes, times Defense Weapons Center, Tyndall AFB, 21235, (410) 965–1758; regarding of designation, or activities conducted FL’’ and substituting the following: eligibility or filing for benefits—our within the affected restricted areas. ‘‘Using agency. 325 FW, Tyndall AFB, national toll-free number, 1–800–772– Because this action is a minor technical FL.’’ 1213. amendment in which the public would SUPPLEMENTARY INFORMATION: We are not be particularly interested, I find that 3. R–2905B Tyndall AFB, FL amending our regulations on payment notice and public procedure under 5 [Amended] for VR services provided to individuals U.S.C. 553(b) are unnecessary. Section By removing ‘‘Using agency. Air receiving SSI benefits based on 73.29 of part 73 of the Federal Aviation Defense Weapons Center, Tyndall AFB, disability or blindness. These amended Regulations was republished in FAA FL’’ and substituting the following: regulations reflect section 5037 of OBRA Order 7400.8C dated June 29, 1995. ‘‘Using agency. 325 FW, Tyndall AFB, 1990, Public Law (Pub. L.) 101–508, The FAA has determined that this FL.’’ which added paragraph (e) to section regulation only involves an established 1615 of the Act. Our existing regulations body of technical regulations for which Issued in Washington, DC, on June 11, concerning payment for such services frequent and routine amendments are 1996. carry out the provisions of section necessary to keep them operationally Harold W. Becker, 1615(d) of the Act. current. It, therefore—(1) is not a Acting Program Director for Air Traffic, In general, section 1615(d) of the Act ‘‘significant regulatory action’’ under Airspace Management. authorizes the Commissioner to Executive Order 12866; (2) is not a [FR Doc. 96–15634 Filed 6–18–96; 8:45 am] reimburse a State VR agency for the ‘‘significant rule’’ under DOT BILLING CODE 4910±13±P costs incurred in providing VR services Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31023 to individuals receiving SSI benefits to an individual during months for Act to permit SSA to pay for VR services under title XVI of the Act based on which the individual received SSI provided in months when an individual disability or blindness in three benefits based on disability or is in suspension status. categories of cases. Specifically, section blindness, including benefits payable Changes to the VR Payment Regulations 1615(d) permits payment for VR under section 1611 or 1619(a) of the Act services furnished to such individuals or, for cases under section 1615(d)(2), These final rules amend the existing only in cases where: (1) The furnishing discussed above, continued payment of regulations concerning the SSI VR of such services results in the such benefits under section 1631(a)(6) of payment program under title XVI of the individual’s performance of substantial the Act. This is reflected in our existing Act to take account of the provisions of gainful activity (SGA) for a continuous regulations at §§ 416.2201, 416.2203 and section 1615(e) of the Act which permit period of nine months; (2) the 416.2215(a)(2). payment for VR services furnished individual is continuing to receive Section 5037 of OBRA 1990 added during certain months for which a benefits, despite his or her medical section 1615(e) to the Act to provide us disabled or blind individual does not recovery, under section 1631(a)(6) of the the authority to pay a State VR agency receive SSI benefits. These rules also Act because of his or her participation under section 1615(d) for the costs make some other changes in the existing in a VR program; or (3) the individual, described in that section that are VR payment regulations to clarify without good cause, refuses to continue incurred in providing VR services to an certain rules and delete some obsolete to accept VR services or fails to individual during certain months for rules. These changes affect the cooperate in such a manner as to which the individual was not receiving regulations governing the Social preclude his or her successful SSI benefits based on disability or Security VR payment program under rehabilitation. (In such a case of refusal blindness as well as during months for title II of the Act as well as the to continue or cooperate in a VR which the individual was receiving regulations concerning the SSI VR program, payments are authorized only such benefits. Under section 1615(e) of payment program under title XVI. The for the VR services provided prior to the the Act, payment may be made for VR existing Social Security VR payment cessation of VR participation. If the services in a case described in section regulations carry out section 222(d) of individual resumes participation, then 1615(d)(1), (2) or (3) of the Act which the Act which contains provisions that payments are authorized for the VR are provided to an individual in a are similar to the provisions of section services provided after participation is month for which the individual 1615(d) of the Act, except that they resumed only if all requirements for receives, i.e., is eligible for— apply to payment for VR services payment are met.) These cases are • SSI cash benefits under section provided to individuals entitled to described in sections 1615(d) (1), (2) 1611 or special SSI cash benefits under Social Security benefits based on and (3) of the Act, respectively, and in section 1619(a) of the Act (this is the disability under title II. same as under prior law); §§ 416.2211–416.2213 of our Changes to the Regulations to • A special status for Medicaid under regulations. Implement Section 1615(e) of the Act Under section 1615(d) of the Act, section 1619(b) of the Act; or payment may be made for VR services • A federally administered State We are amending § 416.2201 to furnished by a State VR agency, i.e., an supplementary payment under section explain that, in general, sections 1615(d) agency administering a State plan for 1616 of the Act or section 212(b) of Pub. and (e) of the Act authorize payment for VR services approved under title I of the L. 93–66. costs of VR services provided to certain Rehabilitation Act of 1973, as amended. In addition, section 1615(e) of the Act disabled or blind individuals who are However, in the case of a State which permits payment for VR services eligible for SSI benefits, special SSI is unwilling to participate or does not provided in a month for which an eligibility status, or federally have such a plan for VR services, our individual was ineligible for the benefits administered State supplementary regulation at § 416.2204 provides that or special status described above for a payments. In the amendment to we may arrange for VR services for an reason other than cessation of disability § 416.2201, we also explain that for the SSI recipient who is disabled or blind or blindness, if such month occurred purpose of the SSI VR payment through an alternative VR service prior to the 13th consecutive month of regulations, we refer to SSI benefits, provider (alternate participant) and pay such ineligibility following a month for special SSI eligibility status, or federally such provider for the costs of services which the individual was eligible for administered State supplementary under the same terms and conditions such benefits or special status. This payments as ‘‘disability or blindness that apply to State VR agencies. This means that payment may be made for benefits.’’ Additionally, we are adding a regulation is based in part on section VR services furnished during a month corresponding definition of ‘‘disability 222(d)(2) of the Act, which provides for for which an individual’s benefit or blindness benefits’’ for this purpose the use of alternate participants in the payment or special status for Medicaid in § 416.2203, discussed below. VR payment program under title II of under section 1619(b) was suspended. The amendment to § 416.2201 further the Act (relating to the rehabilitation of Section 1615(e) of the Act became explains that, subject to the other Social Security disability beneficiaries), effective November 5, 1990, the date of requirements and conditions for and on the authority provided to the the enactment of OBRA 1990, and payment prescribed in the regulations, Commissioner under section 1633(a) of applies to claims for reimbursement payment may be made for VR services the Act to make such administrative and pending on or after that date. This which are furnished during a month(s) other arrangements as may be necessary amendment to the Act, which allows us for which an individual is eligible for or appropriate to carry out title XVI of to reimburse a State VR agency or disability or blindness benefits or the Act, including making arrangements alternate participant for VR services continues to receive such benefits under under title XVI in the same manner as furnished during certain months for section 1631(a)(6) of the Act, or which they are made under title II. which an individual was not receiving are furnished during a month(s) for Prior to the enactment of OBRA 1990, SSI benefits, responds to a which the individual’s disability or SSA was authorized to pay a State VR recommendation in the March 1988 blindness benefits are suspended. This agency under section 1615(d) of the Act Report of the Disability Advisory rule also is reflected in the revised only for VR services that were provided Council that the Congress amend the § 416.2215, discussed below. 31024 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

In § 416.2203, ‘‘Definitions,’’ we are § 416.2215 to provide that the VR blindness benefits under the SSI deleting the paragraph defining services must have been provided prior program, the determination as to when ‘‘eligible,’’ which discusses eligibility to the completion of a continuous 9- VR services must have been provided for SSI benefits only, and adding a new month period of SGA or termination of may be made under either § 404.2115 or paragraph to explain the meaning of disability or blindness benefits, § 416.2215, whichever is advantageous ‘‘disability or blindness benefits’’ when whichever occurs first. to the State VR agency or alternate used in the SSI VR payment regulations. The revisions to § 416.2215 (a)(2) and participant that is participating in both These final rules provide that (a)(3) provide cross-references to the VR programs. ‘‘disability or blindness benefits,’’ as regulations in Subpart M of 20 CFR Part defined for the SSI VR payment 416 which contain our rules on Other Changes to the VR Payment regulations only, refer to regular SSI suspension and termination of benefits Regulations benefits under section 1611 of the Act, under the SSI program. In general, these In addition to the changes to the special SSI cash benefits under section regulations provide that unless a regulations discussed above, we are 1619(a) of the Act, special SSI eligibility termination of an individual’s eligibility amending the Social Security and SSI status under section 1619(b) of the Act, for benefits is required, an individual’s VR payment regulations to clarify and/or a federally administered State benefits will be suspended for any certain rules relating to payment for VR supplementary payment under section month for which the individual no services provided to an individual in a 1616 of the Act or section 212(b) of Pub. longer meets the requirements for case where the individual, without good L. 93–66, for which an individual is eligibility for benefits under the SSI cause, refuses to continue or cooperate eligible based on disability or blindness, program. Termination of eligibility is in a VR program. Additionally, we are as appropriate. Thus, in these final VR required when benefits have been deleting some obsolete rules relating to payment regulations, when we use the suspended for a period of 12 the time periods within which claims terms ‘‘disability or blindness benefits’’ consecutive months, i.e., the individual for payment for VR services must be with reference to the SSI program, we remains ineligible for SSI benefits, filed. Further, we are making a few mean the benefits, status, or payments special status for Medicaid, and/or other nonsubstantive changes to certain referred to in section 1615(e) of the Act. federally administered State provisions of the regulations affected by As used in this preamble, ‘‘disability or supplementary payments for a the changes described above. blindness benefits’’ has the same continuous 12-month period. Eligibility We are amending §§ 404.2113(c) and meaning as in the final rules. Further, in for SSI benefits based on disability or 416.2213(c) to indicate that if blindness also terminates if the § 416.2203, we are defining the phrase deductions are imposed against an individual’s disability or blindness ‘‘special SSI eligibility status’’ to refer to individual’s Social Security disability ceases, unless the individual is the special status for Medicaid under benefits because of VR refusal, or if an participating in an approved VR section 1619(b) of the Act since this is individual’s disability or blindness program and the other requirements for the phrase we use to describe the benefits under the SSI program are the continuation of benefits under special status in our other SSI suspended because of VR refusal, the section 1631(a)(6) of the Act are met. regulations, e.g., §§ 416.260 and services for which payment may be 416.264. The revisions to §§ 416.2215 (a)(2) made in such a case are those VR We are also amending several sections and (a)(3) are consistent with the services which were provided to the of the SSI VR payment regulations to provisions of sections 1615 (d) and (e) replace phrases such as ‘‘disability or of the Act. They permit payment for VR individual prior to his or her VR refusal. blindness payment’’ with the phrase services which are provided either If the individual thereafter resumes ‘‘disability or blindness benefits’’ and to during a month(s) for which an participation in a VR program and again substitute the term ‘‘benefits’’ for individual is eligible for disability or receives VR services, payment may be ‘‘payment’’ or ‘‘payments’’ as the blindness benefits, including the made for those services only if the context requires. We are making these continuation of such benefits under criteria for payment in § 404.2113 or changes to §§ 416.2201(b), 416.2209 (b) section 1631(a)(6) of the Act, or during § 416.2213 are again met, or if the and (c), 416.2212, 416.2213(c), 416.2215 a month(s) for which the individual is services qualify for payment under one (a) and (b), and 416.2216(c)(2). ineligible for disability or blindness of the other provisions of the regulations Section 416.2215(a) of our existing benefits, for a reason other than permitting payment, i.e., §§ 404.2111, regulations provides that in order for the cessation of disability or blindness, if 404.2112, 416.2211, or 416.2212. State VR agency or alternate participant such month(s) occurs prior to the 13th We are also deleting the parenthetical to be paid, the VR services must have consecutive month of such ineligibility, phrase ‘‘(suspension of benefits in cases been provided—(1) after September 30, i.e., a month(s) for which benefits are described in § 404.2113)’’ in existing 1981; (2) during months the individual suspended but not terminated. § 404.2115(a)(3). This change is is eligible for SSI disability or blindness We are also amending the appropriate since under section 222(b) payments; and (3) before completion of introductory paragraph of § 416.2217 to of the Act and § 404.422 of the title II a continuous 9-month period of SGA. add a reference to section 1615(e) of the regulations, a determination by us that We are revising paragraph (a)(2) of Act. In addition, we are changing the a Social Security disability beneficiary § 416.2215 to provide that to be payable, regulations governing the Social has refused, without good cause, to the VR services must have been Security VR payment program under accept VR services available to the provided during a month or months for title II of the Act to reflect the expanded individual results in our imposing which—(i) the individual is eligible for scope of the SSI VR payment program deductions against Social Security disability or blindness benefits or under title XVI resulting from section benefits, rather than suspending continues to receive such benefits under 1615(e) of the Act. We are amending benefits. This is reflected in existing section 1631(a)(6) of the Act; or (ii) the § 404.2115(b) of the title II regulations to §§ 404.2109(c) and 404.2113(c). To be disability or blindness benefits of the explain that if VR services are provided consistent with these sections, we are individual are suspended due to his or to an individual who is entitled to title amending § 404.2116(c)(2) to clarify that her ineligibility for the benefits. We are II disability benefits and who also is or a beneficiary’s VR refusal results in also revising paragraph (a)(3) of has been receiving disability or deductions against Social Security Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31025 disability benefits, rather than a delay making our regulations consistent part 404 and subpart V of part 416 of 20 suspension of benefits. with current law. Therefore, we find CFR chapter III as follows: Existing §§ 404.2116 (b)(2) and (c)(2) that it is in the public interest to make and 416.2216 (b)(2) and (c)(2) contain this rule effective upon publication. PART 404ÐFEDERAL OLD-AGE, provisions which provide for the filing SURVIVORS AND DISABILITY of claims for payment for VR services in Executive Order 12866 INSURANCE (1950± ) certain cases within 12 months after the We have consulted with the Office of month of the initial publication of these Management and Budget (OMB) and Subpart VÐ[Amended] sections in the Federal Register, 55 FR determined that these rules do not meet 1. The authority citation for subpart V 8449 (March 8, 1990). This 12-month the criteria for a significant regulatory of part 404 continues to read as follows: period ended March 31, 1991, the close action under Executive Order 12866. Authority: Secs. 205(a), 222, and 702(a)(5) of the 12th month following the month Thus, they were not subject to OMB of publication in the Federal Register. of the Social Security Act (42 U.S.C. 405(a), review. 422, and 902(a)(5)). Since this time period for filing a claim is no longer in effect, we are deleting Regulatory Flexibility Act 2. Section 404.2113 is amended by these provisions from the regulations. We certify that these regulations will revising the last sentence of paragraph We are amending §§ 404.2116(c)(2) not have a significant economic impact (c) to read as follows: and 416.2216(c)(2) to clarify that the on a substantial number of small § 404.2113 Payment for VR services in a other 12-month period described in entities. Therefore, a regulatory case of VR refusal. these sections for filing a claim for flexibility analysis as provided in Pub. * * * * * payment in the case of an individual’s L. 96–354, the Regulatory Flexibility VR refusal begins after the first month (c) * * * A State VR agency or Act, is not required. alternate participant may be paid, for which deductions are imposed These final regulations carry out against Social Security disability subject to the provisions of this subpart, section 1615(e) of the Act which allows for the costs of VR services provided to benefits, or after the first month for payment for VR services under section which disability or blindness benefits an individual prior to his or her VR 1615(d) of the Act provided during refusal if deductions have been imposed under the SSI program are suspended, certain months for which an individual because of such VR refusal. against the individual’s monthly does not receive SSI benefits based on disability benefits for a month(s) after On September 11, 1995, we published disability or blindness. They apply to these final rules as proposed rules in the October 1984 because of such VR States and certain alternate providers of refusal. Federal Register at 60 FR 47126 with a VR services which are willing to 60-day comment period. We received 3. Section 404.2115 is amended by provide services to disabled or blind SSI comments from two sources, but one revising paragraphs (a)(3) and (b) to read recipients, or Social Security disability commenter simply stated factually that as follows: beneficiaries, under our VR payment the proposed regulations would amend programs under the conditions specified § 404.2115 When services must have been certain regulatory provisions. This in the regulations. provided. commenter offered no further comment (a) * * * or opinion about the nature or effect of Paperwork Reduction Act (3) Before completion of a continuous the proposed regulations. The other These final regulations impose no 9-month period of SGA or termination commenter generally was supportive of additional reporting or recordkeeping of entitlement to disability benefits, the proposed rules, but did suggest a requirements subject to clearance by whichever occurs first. better description of the issues and a OMB. (b) If an individual who is entitled to short explanation of the statutory disability benefits under this part also is requirements. In the absence of other (Catalog of Federal Domestic Assistance Program Nos. 96.001, Social Security- or has been receiving disability or comments, we believe the explanation blindness benefits under part 416 of this of the proposed rules as published is Disability Insurance; 96.006, Supplemental Security Income) chapter, the determination as to when adequate. Therefore, we are publishing services must have been provided may the final rules essentially unchanged List of Subjects be made under this section or from the proposed rules. 20 CFR Part 404 § 416.2215 of this chapter, whichever is advantageous to the State VR agency or Regulatory Procedures Administrative practice and alternate participant that is participating Pursuant to section 702(a)(5) of the procedure, Blind, Disability benefits, in both VR programs. Social Security Act, 42 U.S.C. 902(a)(5), Old-Age, Survivors and Disability as amended by section 102 of Pub. L. 4. Section 404.2116 is amended by Insurance, Reporting and recordkeeping revising paragraphs (b)(2) and (c)(2) to 103–296, SSA follows the requirements, Social Security. Administrative Procedure Act (APA) read as follows: 20 CFR Part 416 rulemaking procedures specified in 5 § 404.2116 When claims for payment for U.S.C. 553 in the development of its Administrative practice and VR services must be made (filing regulations. The APA provides in 5 procedure, Aged, Blind, Disability deadlines). U.S.C. 553(d) that a substantive rule will benefits, Public assistance programs, * * * * * be published at least 30 days before its Supplemental Security Income (SSI), (b) * * * effective date, with certain exceptions. Reporting and recordkeeping (2) If no written notice was sent to the We find good cause for dispensing with requirements. State VR agency or alternate participant, the 30-day delay in the effective date of Dated: June 4, 1996. a claim must be filed within 12 months this rule, as provided for by 5 U.S.C. Shirley S. Chater, after the month in which VR services 553(d)(3). As explained above, we are end. Commissioner of Social Security. amending our regulations to reflect (c) * * * current provisions of the law. It would For the reasons set out in the (2) If no written notice was sent to the be contrary to the public interest to preamble, we are amending subpart V of State VR agency or alternate participant, 31026 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations a claim must be filed within 12 months her continued participation in an § 416.2213 Payment for VR services in a after the first month for which approved VR program which we have case of VR refusal. deductions are imposed against determined will increase the likelihood * * * * * disability benefits because of such VR that he or she will not return to the (c) * * * A State VR agency or refusal. disability or blindness rolls (see alternate participant may be paid, § 416.2212); or subject to the provisions of this subpart, PART 416ÐSUPPLEMENTAL * * * * * for the costs of VR services provided to SECURITY INCOME FOR THE AGED, 7. Section 416.2203 is amended by an individual prior to his or her VR BLIND, AND DISABLED removing the definition of ‘‘Eligible’’ refusal if the individual’s disability or blindness benefits have been suspended Subpart VÐ[Amended] and adding 2 new definitions in alphabetical order to read as follows: for a month(s) after October 1984 5. The authority citation for subpart V because of such VR refusal. of part 416 is revised to read as follows: § 416.2203 Definitions. 11. Section 416.2215 is revised to read * * * * * Authority: Secs. 702(a)(5), 1615, 1631(d)(1) as follows: and (e), and 1633(a) of the Social Security Disability or blindness benefits, as defined for this subpart only, refers to § 416.2215 When services must have been Act (42 U.S.C. 902(a)(5), 1382d, 1383(d)(1) provided. and (e), and 1683b(a)). regular SSI benefits under section 1611 of the Act (see § 416.202), special SSI (a) In order for the VR agency or 6. Section 416.2201 is amended by cash benefits under section 1619(a) of alternate participant to be paid, the revising the introductory text and the Act (see § 416.261), special SSI services must have been provided— paragraph (b) to read as follows: eligibility status under section 1619(b) (1) After September 30, 1981; § 416.2201 General. of the Act (see § 416.264), and/or a (2) During a month(s) for which— In general, sections 1615 (d) and (e) of federally administered State (i) The individual is eligible for the Social Security Act (the Act) supplementary payment under section disability or blindness benefits or authorize payment from the general 1616 of the Act or section 212(b) of continues to receive such benefits under fund for the reasonable and necessary Public Law 93–66 (see § 416.2001), for section 1631(a)(6) of the Act (see costs of vocational rehabilitation (VR) which an individual is eligible based on § 416.2212); or (ii) The disability or blindness services provided certain disabled or disability or blindness, as appropriate. benefits of the individual are suspended blind individuals who are eligible for * * * * * due to his or her ineligibility for the supplemental security income (SSI) Special SSI eligibility status refers to benefits (see subpart M of this part benefits, special SSI eligibility status, or the special status described in concerning suspension for ineligibility); federally administered State §§ 416.264 through 416.269 relating to and supplementary payments. In this eligibility for Medicaid. (3) Before completion of a continuous subpart, such benefits, status, or * * * * * 9-month period of SGA or termination payments are referred to as disability or of disability or blindness benefits, blindness benefits (see § 416.2203). § 416.2209 [Amended] whichever occurs first (see subpart M of Subject to the provisions of this subpart, 8. Section 416.2209 is amended in this part concerning termination of payment may be made for VR services paragraph (b) by removing ‘‘payments’’ benefits). provided an individual during a and adding ‘‘benefits’’ in its place and (b) If an individual who is receiving month(s) for which the individual is in paragraph (c) by removing ‘‘payment’’ disability or blindness benefits under eligible for disability or blindness and adding ‘‘benefits’’ in its place. this part, or whose benefits under this benefits, including the continuation of 9. Section 416.2212 is amended by part are suspended, also is entitled to such benefits under section 1631(a)(6) of revising the section heading and the disability benefits under part 404 of this the Act, or for which the individual’s first and second sentences to read as chapter, the determination as to when disability or blindness benefits are follows: services must have been provided may suspended (see § 416.2215). Paragraphs § 416.2212 Payment for VR services in a be made under this section or (a), (b) and (c) of this section describe case where an individual continues to § 404.2115 of this chapter, whichever is the cases in which the State VR agencies receive disability or blindness benefits advantageous to the State VR agency or and alternate participants can be paid based on participation in an approved VR alternate participant that is participating for the VR services provided such an program. in both VR programs. individual under this subpart. The Section 1631(a)(6) of the Act contains 12. Section 416.2216 is amended by purpose of sections 1615 (d) and (e) of the criteria we will use in determining revising paragraphs (b)(2) and (c)(2) to the Act is to make VR services more if an individual whose disability or read as follows: readily available to disabled or blind blindness has ceased should continue to individuals, help State VR agencies and receive disability or blindness benefits § 416.2216 When claims for payment for alternate participants to recover some of because of his or her continued VR services must be made (filing their costs in VR refusal situations, as participation in an approved VR deadlines). described in § 416.2213, and ensure that program. A VR agency or alternate * * * * * savings accrue to the general fund. participant can be paid for the cost of (b) * * * Payment will be made for VR services VR services provided to an individual if (2) If no written notice was sent to the provided on behalf of such an the individual was receiving benefits State VR agency or alternate participant, individual in cases where— based on this provision in a month(s) a claim must be filed within 12 months * * * * * after October 1984 or, in the case of a after the month in which VR services (b) The individual continues to blindness recipient, in a month(s) after end. receive disability or blindness benefits, March 1988. * ** (c) * * * even though his or her disability or 10. Section 416.2213 is amended by (2) If no written notice was sent to the blindness has ceased, under section revising the last sentence of paragraph State VR agency or alternate participant, 1631(a)(6) of the Act because of his or (c) to read as follows: a claim must be filed within 12 months Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31027 after the first month for which disability safety and effectiveness data and animal drug regulations to reflect or blindness benefits are suspended information submitted to support approval of an abbreviated new animal because of such VR refusal. approval of this application may be seen drug application (ANADA) filed by in the Dockets Management Branch Pennfield Oil Co. The ANADA provides § 416.2217 [Amended] (HFA–305), Food and Drug for the use of a generic oxytetracycline 13. Section 416.2217 is amended in Administration, 12420 Parklawn Dr., injection for beef cattle, non-lactating the introductory text of the section by rm. 1–23, Rockville, MD 20857, between dairy cattle, and swine. adding ‘‘and (e)’’ after ‘‘section 9 a.m. and 4 p.m., Monday through EFFECTIVE DATE: June 19, 1996. 1615(d).’’ Friday. FOR FURTHER INFORMATION CONTACT: [FR Doc. 96–15407 Filed 6–18–96; 8:45 am] The agency has determined under 21 Melanie R. Berson, Center for Veterinary CFR 25.24(d)(1)(i) that this action is of BILLING CODE 4190±29±P Medicine (HFV–135), Food and Drug a type that does not individually or Administration, 7500 Standish Pl., cumulatively have a significant effect on Rockville, MD 20855, 301–594–1643. the human environment. Therefore, SUPPLEMENTARY INFORMATION: DEPARTMENT OF HEALTH AND neither an environmental assessment Pennfield HUMAN SERVICES nor an environmental impact statement Oil Co., 14040 Industrial Rd., Omaha, is required. NE 68137, filed ANADA 200–154, Food and Drug Administration which provides for use of 200 milligram List of Subjects in 21 CFR Part 520 per milliliter (mg/mL) oxytetracycline 21 CFR Part 520 Animal drugs. injection for intramuscular and intravenous use in beef cattle and non- Oral Dosage Form New Animal Drugs; Therefore, under the Federal Food, lactating dairy cattle and intramuscular Neomycin Sulfate Soluble Powder Drug, and Cosmetic Act and under authority delegated to the Commissioner use in swine for control or treatment of AGENCY: Food and Drug Administration, of Food and Drugs and redelegated to diseases caused by oxytetracycline HHS. the Center for Veterinary Medicine, 21 susceptible diseases. The drug is used in CFR part 520 is amended as follows: beef cattle and non-lactating dairy cattle ACTION: Final rule. for treatment of pneumonia and PART 520ÐORAL DOSAGE FORM SUMMARY: The Food and Drug shipping fever complex associated with Administration (FDA) is amending the NEW ANIMAL DRUGS Pasteurella spp. and Hemophilus spp.; animal drug regulations to reflect 1. The authority citation for 21 CFR infectious bovine keratoconjunctivitis approval of an abbreviated new animal part 520 continues to read as follows: (pinkeye) caused by Moraxella bovis; drug application (ANADA) filed by foot rot and diphtheria caused by Authority: Sec. 512 of the Federal Food, Fusobacterium necrophorum; bacterial Wade Jones Co., Inc. The ANADA Drug, and Cosmetic Act (21 U.S.C. 360b). provides for the use of a generic enteritis (scours) caused by Escherichia neomycin sulfate soluble powder in 2. Section 520.1484 is amended by coli; wooden tongue caused by drinking water and milk for cattle revising paragraph (b) and the last Actinobacillus lignieresi; leptospirosis (excluding veal calves), swine, sheep, sentence of paragraph (c)(3) to read as caused by Leptospira pomona; and and goats for the treatment and control follows: wound infections and metritis caused of colibacillosis. § 520.1484 Neomycin sulfate soluble by strains of staphylococci and streptococci organisms sensitive to EFFECTIVE DATE: June 19, 1996. powder. oxytetracycline. The drug is used in FOR FURTHER INFORMATION CONTACT: * * * * * (b) Sponsors. See Nos. 000009, swine for the treatment of bacterial Melanie R. Berson, Center for Veterinary enteritis (scours, colibacillosis) caused Medicine (HFV–135), Food and Drug 000069, 047864, 050604, and 059130 in § 510.600(c) of this chapter. by E. coli; pneumonia caused by P. Administration, 7500 Standish Pl., multocida; and leptospirosis caused by Rockville, MD 20855, 301–594–1643. (c) * * * (3) * * * Discontinue treatment prior L. pomona; and in sows as an aid in the SUPPLEMENTARY INFORMATION: Wade to slaughter as follows: For sponsors control of infectious enteritis (baby pig Jones Co., Inc., Hwy. 71 North, Lowell, 000009, 000069, 047864, and 050604— scours, colibacillosis) in suckling pigs AK 72745, filed ANADA 200–130, cattle (not for use in veal calves), 1 day; caused by E. coli. which provides for the use of neomycin sheep, 2 days; swine and goats, 3 days. ANADA 200–154 for Pennfield Oil sulfate soluble powder in drinking Co.’s oxytetracycline injection is Dated: June 10, 1996. water and milk for cattle (excluding veal approved as a generic copy of Pfizer’s calves), swine, sheep, and goats for the Stephen F. Sundlof, NADA 113–232 Liquamycin LA–200 treatment and control of colibacillosis Director, Center for Veterinary Medicine. (oxytetracycline) Injection. The ANADA (bacterial enteritis) caused by [FR Doc. 96–15466 Filed 6–18–96; 8:45 am] is approved as of May 8, 1996, and the Escherichia coli susceptible to BILLING CODE 4160±01±F regulations are amended in 21 CFR neomycin sulfate. ANADA 200–130 is 522.1660 to reflect the approval. The approved as a generic copy of the basis for approval is discussed in the Upjohn Co.’s NADA 11–315. The 21 CFR Part 522 freedom of information summary. ANADA is approved as of May 8, 1996, In accordance with the freedom of Implantation or Injectable Dosage and the regulations are amended in 21 information provisions of part 20 (21 Form New Animal Drugs; CFR 520.1484(b) and (c)(3) to reflect the CFR part 20) and § 514.11(e)(2)(ii) (21 Oxytetracycline Injection approval. The basis for approval is CFR 514.11(e)(2)(ii)), a summary of discussed in the freedom of information AGENCY: Food and Drug Administration, safety and effectiveness data and summary. HHS. information submitted to support In accordance with the freedom of ACTION: Final rule. approval of this application may be seen information provisions of part 20 (21 in the Dockets Management Branch CFR part 20) and § 514.11(e)(2)(ii) (21 SUMMARY: The Food and Drug (HFA–305), Food and Drug CFR 514.11(e)(2)(ii)), a summary of Administration (FDA) is amending the Administration, 12420 Parklawn Dr., 31028 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations rm. 1–23, Rockville, MD 20857, between Administration, 7500 Standish Pl., a type that does not individually or 9 a.m. and 4 p.m., Monday through Rockville, MD 20855, 301–594–1643. cumulatively have a significant effect on Friday. SUPPLEMENTARY INFORMATION: The the human environment. Therefore, The agency has determined under 21 Upjohn Co., Agricultural Division, neither an environmental assessment CFR 25.24(d)(l)(i) that this action is of Kalamazoo, MI 49001–0199, is the nor an environmental impact statement a type that does not individually or sponsor of ANADA 200–127 which is required. cumulatively have a significant effect on provides for the use of a generic List of Subjects the human environment. Therefore, spectinomycin dihydrochloride neither an environmental assessment pentahydrate sterile solution (500 21 CFR Part 522 nor an environmental impact statement milliliter (mL) vial; 100 milligrams of Animal drugs. is required. spectinomycin activity per mL). The 21 CFR Part 556 List of Subjects in 21 CFR Part 522 generic drug product is administered subcutaneously to 1- to 3-day-old turkey Animal drugs. Animal drugs, Foods. poults as an aid in the control of chronic Therefore, under the Federal Food, Therefore, under the Federal Food, respiratory disease (CRD) and Drug, and Cosmetic Act and under Drug, and Cosmetic Act and under airsacculitis and 1- to 3-day-old chicks authority delegated to the Commissioner authority delegated to the Commissioner as an aid in the control of mortality and of Food and Drugs and redelegated to of Food and Drugs and redelegated to to lessen the severity of respiratory the Center for Veterinary Medicine, 21 the Center for Veterinary Medicine, 21 infections, caused by certain microbial CFR part 522 is amended as follows: CFR parts 522 and 556 are amended to species sensitive to spectinomycin. read as follows: Approval of ANADA 200–127 for The PART 522ÐIMPLANTATION OR Upjohn Co.’s spectinomycin INJECTABLE DOSAGE FORM NEW dihydrochloride pentahydrate sterile PART 522ÐIMPLANTATION OR ANIMAL DRUGS solution is as a generic copy of Rhone INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR Merieux’s (formerly Sanofi Animal  part 522 continues to read as follows: Health) NADA 040–040 for Spectam 1. The authority citation for 21 CFR Injectable. The ANADA is approved as part 522 continues to read as follows: Authority: Sec. 512 of the Federal Food, of May 9, 1996, and the regulations are Drug, and Cosmetic Act (21 U.S.C. 360b). amended in 21 CFR 522.2120 to reflect Authority: Sec. 512 of the Federal Food, the approval. The basis for approval is Drug, and Cosmetic Act (21 U.S.C. 360b). § 522.1660 [Amended] discussed in the freedom of information 2. Section 522.2120 is amended by 2. Section 522.1660 Oxytetracycline summary. revising paragraph (b) and by amending injection is amended in paragraphs (b) Spectinomycin was originally paragraph (d)(4) by removing ‘‘M. and (c)(2)(iii) by adding ‘‘053389,’’ after approved based on the negligible mileagridis’’ and adding in its place ‘‘M. ‘‘000069,’’. tolerance concept. A negligible meleagridis’’ to read as follows: Dated: June 10, 1996. tolerance has been applied to animal § 522.2120 Spectinomycin injection. Stephen F. Sundlof, drug residues when the supporting Director, Center for Veterinary Medicine. toxicological data are of subchronic (90- * * * * * (b) Sponsor. In § 510.600 of this [FR Doc. 96–15465 Filed 6–18–96; 8:45 am] day) duration. The ‘‘negligible tolerance’’ concept is based on two chapter, see Nos. 000033 and 050604 for BILLING CODE 4160±01±F precepts: (1) The residue present is at a conditions of use as in paragraph (d) of level of insignificance and (2) the safety this section, and see No. 000009 for 21 CFR Parts 522 and 556 of the residue is supported by limited conditions of use as in paragraph (d)(2) toxicological data. The upper level for a and (d)(4) of this section. Animal Drugs, Feeds, and Related drug residue to qualify for ‘‘negligible * * * * * Products; Spectinomycin Injection tolerance’’ is considered customarily to be 0.1 part per million (ppm) residue in PART 556ÐTOLERANCES FOR AGENCY: Food and Drug Administration, tissue. Therefore, the tolerance for RESIDUES OF NEW ANIMAL DRUGS HHS. spectinomycin residues in edible tissues IN FOOD ACTION: Final rule. is the same for all species in which the drug is approved. Accordingly, 21 CFR 3. The authority citation for 21 CFR SUMMARY: The Food and Drug 556.600 is amended to apply the part 556 continues to read as follows: Administration (FDA) is amending the tolerance of 0.1 ppm to edible turkey Authority: Secs. 402, 512, 701 of the animal drug regulations to reflect tissues. Federal Food, Drug, and Cosmetic Act (21 approval of an abbreviated new animal In accordance with the freedom of U.S.C. 342, 360b, 371). drug application (ANADA) filed by The information provisions of part 20 (21 4. Section 556.600 is revised to read Upjohn Co. The ANADA provides for CFR part 20) and § 514.11(e)(2)(ii) (21 as follows: subcutaneous use of a generic CFR 514.11(e)(2)(ii)), a summary of spectinomycin sterile solution in turkey safety and effectiveness data and § 556.600 Spectinomycin. poults and newly-hatched chicks as an information submitted to support A tolerance of 0.1 part per million is aid in the control of bacterial respiratory approval of this application may be seen established for negligible residues of infections, airsacculitis, and mortality. in the Dockets Management Branch spectinomycin in the uncooked edible The regulations are also amended to add (HFA–305), Food and Drug tissues of chickens and turkeys. a tolerance for spectinomycin residues Administration, 12420 Parklawn Dr., Dated: June 10, 1996. in turkey tissues. rm. 1–23, Rockville, MD 20857, between EFFECTIVE DATE: June 19, 1996. 9 a.m. and 4 p.m., Monday through Stephen F. Sundlof, FOR FURTHER INFORMATION CONTACT: Friday. Director, Center for Veterinary Medicine. Melanie R. Berson, Center for Veterinary The agency has determined under 21 [FR Doc. 96–15567 Filed 6–18–96; 8:45 am] Medicine (HFV–135), Food and Drug CFR 25.24(d)(1)(i) that this action is of BILLING CODE 4160±01±F Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31029

DEPARTMENT OF THE TREASURY 13, 1995 the Bureau published a notice windfall gain from the possible credit or in the Federal Register requesting refund of tax in those instances where Bureau of Alcohol, Tobacco and comments from the public regarding someone else bore the ultimate burden Firearms which ATF regulations could be for the tax. The provisions of Section improved or eliminated. As a result of 6423 set certain conditions for payment 27 CFR Part 24, 70, and 170 both the Bureau’s analysis of its of such refunds or credits. Generally, [T.D. ATF 376] regulations, and from the public these provisions required that the comments received, a number of claimant establish that he bore the RIN 1512±AB44 regulatory initiatives were developed ultimate burden for the tax claimed. Miscellaneous Regulations Relating to which are intended to accomplish the Section 6423 also provided that, where Liquor (95R±039P) President’s goals. the taxed commodities had not yet been sold, the claimant must agree not to Transfer of Subparts E and O AGENCY: Bureau of Alcohol, Tobacco shift the burden of the tax, or to seek and Firearms (ATF), Department of the This Treasury decision implements relief from it, and the Secretary could Treasury. one of the regulatory initiatives require filing of a bond to guarantee ACTION: Final rule, Treasury decision. identified by ATF personnel, the compliance with this agreement. A transfer of regulations found in 27 CFR bonding requirement was incorporated SUMMARY: ATF is amending its Subparts E and O from Part 170 to 27 into ATF’s regulations. regulations by transferring Subparts E CFR Part 70. The bonding provision was intended and O from 27 CFR Part 170 to 27 CFR These two subparts were located to cover spirits which the distiller Part 70, and redesignating these within 27 CFR Part 170, which contains withdrew from bond and taxpaid, but regulations as Subparts F and G miscellaneous regulations relating to had not yet marketed. Any person filing respectively within Part 70. 27 CFR Part liquor. The Bureau has determined that a claim for spirits which were not yet 170, Subpart E contains regulations the placement of this information in a marketed was required to provide a which implement 26 U.S.C. 6423 miscellaneous part within 27 CFR is not bond to ensure compliance with the relating to certain refunds or credits of appropriate and not easily accessible to agreement that they would not also shift tax on distilled spirits, wines, and beer. persons seeking information regarding the tax burden for the spirits to another Subpart O contains regulations which claims, refunds, and credits. The Bureau person after the claim was filed. implement 26 U.S.C. 5064 relating to has decided that since much of this type Ultimately, the court ruled in favor of payments for losses of distilled spirits, of information is already located within the Government and the claims filed by wines, and beer due to disaster, Part 70, Procedures and Practices, it the various distillers were denied. See vandalism, or malicious mischief. would be more appropriate to transfer Schenley Distillers, Inc. v. United States, ATF has also reviewed the regulations these two subparts to 27 CFR Part 70. 255 F.2d 334 (3rd Cir. 1958), cert. within 27 CFR Part 170, Subpart E and Elimination of Bond denied, 358 U.S. 835 (1958). Later, the determined that the bonding tax law was amended, and the requirements provided for in §§ 170.94– This Treasury decision also requirement to withdraw spirits from 170.99 are no longer needed. eliminates a bonding requirement bond after eight years was eliminated Consequently, these bonding provisions relating to certain claims filed under 26 from the law. have been eliminated. U.S.C. 6423. The regulations at 27 CFR Under current law, it would be Part 170, Subpart E contain provisions EFFECTIVE DATE: September 17, 1996. unusual for a claimant to file a request whereby a claim, for refund or credit of for credit or refund on a product which FOR FURTHER INFORMATION CONTACT: tax on articles which the claimant or Daniel J. Hiland, Wine, Beer and Spirits had been taxpaid, but not yet marketed, owner has neither sold nor contracted to since products are generally sold Regulations Branch, Bureau of Alcohol, sell at the time of filing of the claim Tobacco and Firearms, 650 immediately after removal from bond. under 26 U.S.C. 6423, must be Since the circumstances which brought Massachusetts Avenue, NW., accompanied by a bond on Form 2490. Washington, DC 20226 (202–927–8210). about this bonding provision have ATF has reviewed the background and changed, and the bond is not required SUPPLEMENTARY INFORMATION: legislative history surrounding Section by law, ATF has decided to remove the 6423 and determined that this bonding Background bonding requirement from the provision is no longer needed in the regulations. ATF has determined that On February 21, 1995, President regulations. elimination of the bonding requirement Clinton announced a regulatory reform ATF finds that this bonding provision will not jeopardize the revenue. initiative. As part of this initiative, each dates back to the passage of Public Law Federal agency was instructed to 85–323 in 1958. At that time, the tax Miscellaneous conduct a page by page review of all law required distillers to remove The transfer of two subparts of agency regulations to identify those distilled spirits from bond after a period regulations from 27 CFR Part 170 to Part which are obsolete or burdensome and of eight years and pay the distilled 70 affects references to refund and claim those whose goals could be better spirits tax on the spirits so removed. procedures found in several sections of achieved through the private sector, Distillers filed suit against the 27 CFR Part 24. Therefore, this Treasury self-regulation or state and local Government because they considered decision also makes minor technical governments. In cases where the this law unconstitutional. In addition, amendments to 27 CFR Part 24 whereby agency’s review disclosed regulations many distillers filed claims for refund of references to provisions formerly found which should be revised or eliminated, taxes paid on spirits which they were in 27 CFR Part 170 will now refer to 27 the agency would, as soon as possible, required to remove from bond. CFR Part 70. propose administrative changes to its In response to these actions, Congress regulations. passed Public Law 85–323 which added Executive Order 12866 The page by page review of all Section 6423 to the Internal Revenue It has been determined that this final regulations was completed as directed Code. The purpose of this section was rule is not a significant regulatory action by the President. In addition, on April to prevent claimants from realizing a as defined by Executive Order 12866. 31030 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

Accordingly, this final rule is not Penalties, Reporting requirements, other liquors previously withdrawn, subject to the analysis required by this Wine. which are lost, rendered unmarketable, Executive Order. or condemned by a duly authorized Issuance official as a result of Regulatory Flexibility Act Chapter I of title 27, Code of Federal (1) A major disaster, The provisions of the Regulatory Regulations is amended as follows: (2) Fire, flood, casualty, or other Flexibility Act relating to a final PART 24ÐWINE disaster, or regulatory flexibility analysis (5 U.S.C. (3) Breakage, destruction, or damage 604) are not applicable to this final rule Par. 1. The authority citation for part (excluding theft) resulting from because the agency was not required to 24 continues to read as follows: vandalism or malicious mischief, are publish a general notice of proposed Authority: 5 U.S.C. 552(a); 26 U.S.C. 5001, found in 27 CFR part 70, subpart G. rulemaking under 5 U.S.C. 553 or any 5008, 5041, 5042, 5044, 5061, 5062, 5081, Par. 4. Section 24.295(a) is revised to other law. A copy of this final rule has 5111–5113, 5121, 5122, 5142, 5143, 5173, read as follows: been submitted to the Administrator of 5206, 5214, 5215, 5351, 5353, 5354, 5356, the Small Business Administration for 5357, 5361, 5362, 5364–5373, 5381–5388, § 24.295 Return of unmerchantable wine to comment on the impact of such 5391, 5392, 5511, 5551, 5552, 5661, 5662, bond. regulations on small business, pursuant 5684, 6065, 6091, 6109, 6301, 6302, 6311, (a) General. Wine produced in the to 26 U.S.C. 7805(f). 6651, 6676, 7011, 7302, 7342, 7502, 7503, United States which has been taxpaid, 7606, 7805, 7851; 31 U.S.C. 9301, 9303, 9304, Paperwork Reduction Act 9306. removed from bonded wine premises, and subsequently determined to be The provisions of the Paperwork Par. 2. Section 24.65(c) is revised to unmerchantable may be returned to Reduction Act of 1980, Pub. L. 96–511, read as follows: bonded wine premises for 44 U.S.C. Chapter 35, and its reconditioning, reformulation or implementing regulations, 5 CFR Part § 24.65 Claims for wine or spirits lost or destroyed in bond. destruction. The tax paid on United 1320, do not apply to this notice States wine may, when such wine is * * * * * because no new requirement to collect returned to bond, be refunded or information is imposed. This final rule (c) Claim for abatement, credit or refund. A claim for an abatement of an credited, without interest, to the only transfers two Subparts from 27 CFR proprietor of the bonded wine premises Part 170 to 27 CFR Part 70. assessment under § 24.61, or credit or refund of tax which has been paid or to which such wine is delivered. Administrative Procedure Act determined, will be filed with the However, no tax paid on any United regional director (compliance) in States wine for which a claim has been Because this final rule merely makes or will be made under the provisions of technical amendments and conforming accordance with the provisions of this paragraph and the provisions of 27 CFR 27 CFR Part 70, subpart G will be changes to improve the clarity of the refunded or credited. If the tax on the regulations, it is unnecessary to issue part 70, subpart F. A claim filed under this paragraph with respect to spirits, United States wine has been determined this final rule with notice and public but not paid, the person liable for the procedure under 553(b). wine, or volatile fruit-flavor concentrate, will set forth the applicable information tax may, when such wine is returned to Drafting Information: The principal author required by paragraphs (a) and (b) of bond, be relieved of the liability. Claims of this document is Daniel J. Hiland, Wine, this section. In addition, any claim filed for refund or credit, or relief from tax Beer and Spirits Regulations Branch, Bureau paid or determined on United States of Alcohol, Tobacco and Firearms. under this paragraph will set forth the following information: wine returned to bond are filed in List of Subjects (1) The date of the assessment for accordance with § 24.66. * * * * * 27 CFR Part 24 which abatement is claimed; and (2) The name, registry number, and Administrative practice and address of the premises where the tax PART 70ÐPROCEDURE AND procedure, Authority delegations, was assessed (or name, address, and ADMINISTRATION Claims, Electronic fund transfers, Excise title of any other person who was Par. 5. The authority citation for part taxes, Exports, Food additives, Fruit assessed the tax, if the tax was not 70 is revised to read as follows: juices, Labeling, Liquors, Packaging and assessed against the proprietor). containers, Reporting and recordkeeping * * * * * Authority: 5 U.S.C. 301 and 552; 26 U.S.C. 4181, 4182, 5064, 5146, 5203, 5207, 5275, requirements, Research, Scientific Par. 3. Section 24.67 is amended by equipment, Spices and flavorings, 5367, 5415, 5504, 5555, 5684(a), 5741, revising paragraphs (b) and (c) to read 5761(b), 6020, 6021, 6064, 6102, 6155, 6159, Surety bonds, Taxpaid wine bottling as follows: 6201, 6203, 6204, 6301, 6303, 6311, 6313, house, Transportation, Vinegar, 6314, 6321, 6323, 6325, 6326, 6331–6343, § 24.67 Other Claims. Warehouses, Wine. 6401–6404, 6407, 6416, 6423, 6501–6503, * * * * * 27 CFR Part 70 6511, 6513, 6514, 6532, 6601, 6602, 6611, (b) Refund or credit of any tax 6621, 6622, 6651, 6653, 6656, 6657, 6658, Administrative practice and imposed on wine or other liquors by 26 6665, 6671, 6672, 6701, 6723, 6801, 6862, procedure, Authority delegations, U.S.C. chapter 51, part I, subchapter A, 6863, 6901, 7011, 7101, 7102, 7121, 7122, Claims, Customs duties and inspection, on the grounds that an amount of tax 7207, 7209, 7214, 7304, 7401, 7403, 7406, Disaster assistance, Excise taxes, was assessed or collected erroneously, 7423, 7424, 7425, 7426, 7429, 7430, 7432, Government employees, Law illegally, without authority, or in any 7502, 7503, 7505, 7506, 7513, 7601–7606, 7608–7610, 7622, 7623, 7653, 7805. enforcement, Law enforcement officers. manner wrongfully, or on the grounds that the amount was excessive, are 27 CFR Part 170 Penalties contained in 27 CFR part 70 subpart F. 70.610 Penalties. Alcohol and alcoholic beverages, (c) Payment of an amount equal to the Authority delegations, Customs duties internal revenue tax paid or determined Par. 6. Section 70.1 is revised to read and inspection, Labeling, Liquors, and customs duties paid on wines or as follows: Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31031

§ 70.1 General. All of the information called for in each spirits, wines, rectified products, and (a) The regulations in Subparts C, D, form shall be furnished as indicated by beer previously withdrawn, which were and E of this part set forth the the headings on the form and the lost, rendered unmarketable, or procedural and administrative rules of instructions on or pertaining to the condemned by a duly authorized official the Bureau of Alcohol, Tobacco and form. In addition, information called for by reason of a major disaster occurring Firearms for: in each form shall be furnished as in the United States after June 30, 1959. (1) The issuance and enforcement of required by this part. * * * * * summonses, examination of books of (b) Requests for forms should be Par. 10. 27 CFR Part 70 is amended account and witnesses, administration mailed to the ATF Distribution Center, by adding Subpart F to read as follows: of oaths, entry of premises for P.O. Box 5950, Springfield, Virginia examination of taxable objects, granting 22153–5950. Subpart FÐApplication of Section of rewards for information, canvass of Par. 8. Section 70.411 is amended by 6423, Internal Revenue Code of 1954, regions for taxable objects and persons, revising paragraph (c)(2) to read as as Amended, to Refund or Credit of and authority of ATF officers. follows: Tax on Distilled Spirits, Wines, and (2) The use of commercial banks for Beer payment of excise taxes imposed by 26 § 70.411 Imposition of taxes, qualification requirements, and regulations. General U.S.C. Subtitles E and F. (3) The preparing or executing of * * * * * 70.501 Meaning of terms. returns; deposits; payment on notice (c) * * * 70.502 Applicability to certain credits or and demand; assessment; abatements, (2) Miscellaneous liquor transactions. refunds. Part 170 of 27 CFR contains 70.503 Ultimate burden. credits and refunds; limitations on 70.504 Conditions to allowance of credit or assessment; limitations on credit or miscellaneous regulations relative to: (i) Manufacture, removal, and use of refund. refund; periods of limitation in judicial 70.505 Requirements on persons intending proceedings; interest; additions to tax, stills and condensers, and to the notice, to file claim. registration, and recordkeeping additional amounts, and assessable Claim Procedure penalties; enforced collection activities; requirements therefor; (ii) Manufacture and sale of certain 70.506 Execution and filing of claim. authority for establishment, alteration, compounds, preparations, and products 70.507 Data to be shown in claim. and distribution of stamps, marks, or containing alcohol; 70.508 Time for filing claim. labels; jeopardy assessment of alcohol, tobacco, and firearms taxes, and * * * * * Penalties registration of persons paying a special Par. 9. Section 70.414 is amended by 70.509 Penalties. tax. revising paragraphs (a) and (g) to read as (4) Distilled spirits, wines, beer, follows: Subpart FÐApplication of Section 6423, Internal Revenue Code of 1954, tobacco products, cigarette papers and § 70.414 Preparation and filing of claims. tubes, firearms, ammunition, and as Amended, to Refund or Credit of (a) Distilled spirits at distilled spirits explosives. Tax on Distilled Spirits, Wines, and (b) The regulations in Subpart F of plants. Procedural instructions in Beer respect of claims for remission, this part relate to the limitations General imposed by 26 U.S.C. 6423, on the abatement, credit, or refund of tax on refund or credit of tax paid or collected spirits (including denatured spirits) lost § 70.501 Meaning of terms. or destroyed on or lost in transit to, or in respect to any article of a kind subject When used in this subpart, where not on spirits returned to, the premises of a to a tax imposed by Part I, Subchapter otherwise distinctly expressed or distilled spirits plant are contained in A of Chapter 51, I.R.C., or by any manifestly incompatible with the intent Part 19 of Title 27 CFR. It is not corresponding provision of prior thereof, terms shall have the meaning necessary to file a claim for credit of tax internal revenue laws. ascribed in this section. (c) The regulations in Subpart G of on taxpaid samples taken by ATF Article. The commodity in respect to this part implement 26 U.S.C. 5064, officers from distilled spirits plants, as which the amount claimed was paid or which permits payments to be made by the regional director (compliance) will collected as a tax. the United States for amounts equal to allow credit, without claim, for tax on Claimant. Any person who files a the internal revenue taxes paid or such samples. claim for a refund or credit of tax under determined and customs duties paid on * * * * * this subpart. distilled spirits, wines, and beer, (g) Miscellaneous. Procedural District director of customs. The previously withdrawn, that were lost, instructions are contained in 27 CFR district director of customs at a made unmarketable, or condemned by a Part 70, subparts F and G in respect of headquarters port of the district (except duly authorized official as a result of claims for— the district of New York, N.Y.); the area disaster, vandalism, or malicious (1) Refund or credit of tax on distilled directors of customs in the district of mischief. This subpart applies to spirits, wines or beer where such refund New York, N.Y.; and the port director at disasters or other specified causes of or credit is claimed on the grounds that a port not designated as a headquarters loss, occurring on or after February 1, tax was assessed or collected port. 1979. This subpart does not apply to erroneously, illegally, without authority, I.R.C. Internal Revenue Code of 1986, distilled spirits, wines, and beer or in any manner wrongfully, or on the as amended. manufactured in Puerto Rico and grounds that such amount was Owner. A person who, by reason of a brought into the United States. excessive, and where such refund or proprietary interest in the article, Par. 7. Section 70.2 is added to read credit is subject to the limitations furnished the amount claimed to the as follows: imposed by section 6423 of the Internal claimant for the purpose of paying the Revenue Code. tax. § 70.2 Forms prescribed. (2) Payment of an amount equal to the Person. An individual, a trust, estate, (a) The Director is authorized to internal revenue tax paid or determined partnership, association, company, or prescribe all forms required by this part. and customs duties paid on distilled corporation. 31032 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

Tax. Any tax imposed by 26 U.S.C. (a) That the claimant bore the ultimate such claim shall be clearly set forth and 5001–5066, or by any corresponding burden of the amount claimed, or submitted with the claim. provision of prior internal revenue laws, (b) That the claimant has and in the case of any commodity of a unconditionally repaid the amount § 70.507 Data to be shown in claim. kind subject to a tax under any such claimed to the person who bore the Claims to which this subpart is sections, any tax equal to any such tax, ultimate burden of such amount, or applicable, in addition to the any additional tax, or any floor stocks (c) That: requirements of § 70.506 must set forth tax. The term includes an extraction (1) the owner of the article furnished or contain the following: denominated a ‘‘tax’’, and any penalty, the claimant the amount claimed for (a) A statement that the claimant paid addition to tax, additional amount, or payment of the tax; the amount claimed as a ‘‘tax’’ as interest applicable to any such tax. (2) The claimant has filed with the defined in this subpart. (b) Full identification (by specific regional director (compliance) the § 70.502 Applicability to certain credits or reference to the form number, the date written consent of such owner to the refunds. of filing, the place of filing, and the allowance to the claimant of the credit amount paid on the basis of the The provisions of this subpart apply or refund; and particular form or return) of the tax only where the credit or refund is (3) Such owner satisfies the forms or returns covering the payments claimed on the grounds that an amount requirements of paragraph (a) or (b) of for which refund or credit is claimed. of tax was assessed or collected this section. erroneously, illegally, without authority, (c) The written consent of the owner or in any manner wrongfully, or on the § 70.505 Requirements on persons to the allowance of the refund or credit grounds that such amount was intending to file claim. to the claimant (where the owner of the excessive. This subpart does not apply Any person who, having paid the tax article in respect of which the tax was to: with respect to an article, desires to paid furnished the claimant the amount (a) Any claim for drawback, claim refund or credit of any amount of claimed for the purpose of paying the (b) Any claim made in accordance such tax to which the provisions of this tax). with any law expressly providing for subpart are applicable must: (d) If the claimant (or owner, as the credit or refund where an article is (a) File a claim, as provided in case may be) has neither sold nor withdrawn from the market, returned to § 70.506, and contracted to sell the articles involved bond, or lost or destroyed, and (b) Comply with any other provisions in the claim, a statement that the (c) Any claim based solely on errors of law or regulations which may apply claimant (or owner, as the case may be) in computation of the quantity of an to the claim. agrees not to shift, directly or indirectly article subject to tax or on mathematical in any manner whatsoever, the burden errors in computation of the amount of Claim Procedure of the tax to any other person. (e) If the claim is for refund of a floor the tax due, or to any claim in respect § 70.506 Execution and filing of claim. of tax collected or paid on an article stocks tax, or of an amount resulting Claims to which this subpart is seized and forfeited, or destroyed, as from an increase in rate of tax applicable shall be executed on Form contraband. applicable to an article, a statement as 2635 (5620.8) in accordance with the to whether the price of the article was § 70.503 Ultimate burden. instructions on the form and shall increased on or following the effective For the purposes of this subpart, the (except as hereinafter provided) be filed date of such floor stocks tax or rate claimant, or owner, shall be treated as with the regional director (compliance) increase, and if so, the date of the having borne the ultimate burden of an for the region in which the tax was paid. increase, together with full information amount of tax only if: (For provisions relating to handcarried as to the amount of such price increase. (a) The claimant or owner has not, documents, see 27 CFR 70.304). Claims (f) Specific evidence (such as relevant directly or indirectly, been relieved of for credit or refund of taxes collected by records, invoices, or other documents, such burden or shifted such burden to district directors of customs, to which or affidavits of individuals having any other person, the provisions of section 6423, I.R.C., personal knowledge of pertinent facts) (b) No understanding or agreement are applicable and which Customs which will satisfactorily establish the exists for any such relief or shifting, and regulations (19 CFR Part 24—Customs conditions to allowance set forth in (c) If the claimant or owner has Financial and Accounting Procedure) § 70.504. neither sold nor contracted to sell the require to be filed with the regional (g)The regional director (compliance) articles involved in such claim, such director (compliance) of the region in may require the claimant to furnish as claimant or owner agrees that there will which the claimant is located, shall be a part of the claim such additional be no such relief or shifting. executed and filed in accordance with information as may be deemed applicable Customs regulations and this necessary. § 70.504 Conditions to allowance of credit subpart. The claim shall set forth each or refund. ground upon which the claim is made § 70.508 Time for filing claim. No credit or refund to which this in sufficient detail to apprise the No credit or refund of any amount of subpart is applicable shall be allowed or regional director (compliance) of the tax to which the provisions of this made, pursuant to a court decision or exact basis therefor. Allegations subpart apply shall be made unless the otherwise, of any amount paid or pertaining to the bearing of the ultimate claimant files a claim therefor within collected as a tax unless a claim therefor burden relate to additional conditions the time prescribed by law and in has been filed, as provided in this which must be established for a claim accordance with the provisions of this subpart, by the person who paid the tax to be allowed and are not in themselves subpart. and the claimant, in addition to legal grounds for allowance of a claim. Penalties establishing that such claimant is There shall also be attached to the form otherwise legally entitled to credit or and made part of the claim the § 70.509 Penalties. refund of the amount claimed, supporting data required by § 70.507. It is an offense punishable by fine and establishes: All evidence relied upon in support of imprisonment for anyone to make or Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31033 cause to be made any false or fraudulent Customs Service, the Department of the amount equal to the tax paid or claim upon the United States, or to Treasury, Washington, DC. determined, and the Commissioner of make any false or fraudulent statements, Distilled spirits, or spirits. Ethyl Customs shall allow payment (without or representations, in support of any alcohol and other distillates such as interest) of an amount equal to the duty claim, or to falsely or fraudulently whisky, brandy, rum, gin, vodka, in any paid, on distilled spirits, wines, and execute any documents required by the form (including all dilutions and beer previously withdrawn, if the provisions of the internal revenue laws, mixtures thereof, from whatever source liquors are lost, made unmarketable, or or any regulations made in pursuance or by whatever process produced), on condemned by a duly authorized official thereof. which the internal revenue tax has been as a result of: Par. 11. 27 CFR Part 70 is amended paid or determined and, if imported, on (i) Fire, flood, casualty, or other by adding Subpart G to read as follows: which duties have been paid. disaster; or Duly authorized official. Any Federal, (ii) Breakage, destruction, or other Subpart GÐLosses Resulting From State or local government official who is damage (excluding theft) resulting from Disaster, Vandalism, or Malicious authorized to condemn liquors on vandalism or malicious mischief. Mischief which a claim is filed under this (2) Minimum claim. No claim of less Definitions subpart. than $250 will be allowed for losses 70.601 Meaning of terms. Duty or duties. Any duty or duties resulting from any disaster or damage paid under the customs laws of the described in paragraph (b)(1) of this Payments United States. section. 70.602 Circumstances under which Major Disaster. A flood, fire, (c) General. Payment under this payment may be made. hurricane, earthquake, storm, or other section may be made only if: Claims Procedures catastrophe defined as a ‘‘major (1) The disaster or other specified 70.603 Execution and filing of claims. disaster’’ under the Disaster Relief Act cause of loss occurred in the United 70.604 Record of inventory to support (42 U.S.C. 5122(2)), which occurs in any States; claims. part of the United States and which the (2) At the time of the disaster or other 70.605 Claims related to imported, President has determined causes specified cause of loss, the liquors were domestic and Virgin Island liquors. sufficient damage to warrant ‘‘major being held for sale by the claimant; 70.606 Claimant to furnish proof. disaster’’ assistance under that Act. (3) Refund or credit of the amount 70.607 Supporting evidence. Region. A Bureau of Alcohol, Tobacco claimed, or any part of the amount 70.608 Action on claims. and Firearms region. claimed, has not or will not be claimed Destruction of Liquors Tax. (1) With respect to distilled for the same liquors under any other law 70.609 Supervision. spirits, ‘‘tax’’ means the internal or regulations; and revenue tax that is paid or determined (4) The claimant was not indemnified Subpart GÐLosses Resulting From on spirits. by any valid claim of insurance or Disaster, Vandalism, or Malicious (2) With respect to wines, ‘‘tax’’ otherwise for the tax and/or duty on the Mischief means the internal revenue tax that is liquors covered by the claim. paid or determined on the wine. § 70.601 Meaning of Terms. Claims Procedures (3) With respect to beer, ‘‘tax’’ means When used in this subpart, terms are the internal revenue tax that is paid or § 70.603 Execution and filing of claim. defined as follows in this section. determined on the beer. (a) General. (1) Claims under this Words in the plural shall include the United States. When used in a singular, and vice versa, and words subpart shall be filed on Form 2635 geographical sense includes only the (5620.8), in original only, with the indicating the masculine gender shall States and the District of Columbia. include the feminine. The terms regional director (compliance) of the Wines. All still wines, effervescent ‘‘includes’’ and ‘‘including’’ do not region in which the liquors were lost, wines, and flavored wines, on which exclude other things not named which became unmarketable, or were internal revenue wine tax has been paid are in the same general class or are condemned. or determined, and if imported, on otherwise within the scope of the term (2) The claim shall include all the which duty has been paid. defined. facts on which the claim is based, and Alcoholic liquors or liquors. Distilled Payments be accompanied by a record of spirits, wines, and beer lost, made inventory of the liquors lost, made unmarketable, or condemned, as § 70.602 Circumstances under which unmarketable, or condemned. (See provided in this subpart. payment may be made. § 70.604.) Beer. Beer, ale, porter, stout, and other (a) Major disasters. The regional (3) The claim shall contain a similar fermented beverages (including director (compliance) shall allow statement that no other claim for refund sake, or other similar products) of any payment (without interest) of an amount or credit of the amount claimed, or for name or description containing one-half equal to the tax paid or determined, and any part of the amount claimed, has of 1 percent or more of alcohol by the Commissioner of Customs shall been or will be filed under any other volume on which the internal revenue allow payment (without interest) of an law or regulations. tax has been paid or determined, and if amount equal to the duty paid, on (b) Major disasters. Claims for refund imported, on which duties have been distilled spirits, wines, and beer of tax and/or duty on liquors which paid. previously withdrawn, if the liquors are were lost, became unmarketable, or Claimant. The person who held the lost, made unmarketable, or condemned were condemned as a result of a major liquors for sale at the time of the by a duly authorized official as the disaster must be filed not later than 6 disaster or other specified cause of loss result of a major disaster (as defined in months from the day on which the and who files a claim under this § 70.601). President determines that a major subpart. (b) Other causes of loss—(1) Payment. disaster has occurred. Commissioner of Customs. The The regional director (compliance) shall (c) Other causes of loss. (1) Claims for Commissioner of Customs, U.S. allow payment (without interest) of an amounts of $250 or more for refund of 31034 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations tax and/or duty on liquors which were (c) Claims relating to beer. The record (e) That the claimant is entitled to lost, became unmarketable, or were of inventory of beer lost, made payment under this subpart. condemned as the result of: unmarketable, or condemned, which is (i) Fire, flood, casualty, or other required to support claims filed under § 70.607 Supporting evidence. disaster; or § 70.603, shall show the following (a) The claimant shall support the (ii) Damage (excluding theft) resulting information: claim with any evidence (such as from vandalism or malicious mischief, (1) Name and business address of inventories, statements, invoices, bills, must be filed within 6 months after the claimant (as shown on claim, Form 2635 records, labels, formulas, stamps) that is date on which the disaster or damage (5620.8)). available to submit, relating to the occurred. (2) Address where the beer was lost, quantities and identities of the liquors, (2) Claims for amounts less than $250 became unmarketable, or was on which duty has been paid or tax has will not be allowed. condemned, if different from the been paid or determined, that were on business address. hand at the time of the disaster or other § 70.604. Record of inventory to support (3) Number and size of barrels. specified cause of loss and alleged to claims. (4) For full cases, show. (i) Number of have been lost, made unmarketable, or (a) Claims relating to distilled spirits. cases; condemned as a result of it. The record of inventory of distilled (ii) Bottles or cans per case; and (b) If the claim is for refund of duty, spirits lost, made unmarketable, or (iii) Size (in ounces) of bottles or cans. the claimant shall furnish, if possible: condemned, which is required to (5) Number and size of bottles and (1) The customs number; support claims filed under § 70.603, (2) The date of entry; and cans not in cases. (3) The name of the port of entry. shall show the following information: (6) Quantity in terms of 31-gallon (1) Name and business address of barrels. § 70.608 Action on claims. claimant (as shown on claim, Form 2635 (7) Total quantity. The regional director (compliance) (5620.8)). (d) Special instructions. (1) shall date stamp and examine each (2) Address where the spirits were Inventories of domestic liquors, claim filed under this subpart and will lost, became unmarketable, or were imported liquors, and liquors determine the validity of the claim. condemned, if different from the manufactured in the Virgin Islands shall Claims and supporting data involving business address. be reported separately. customs duties will be forwarded to the (3) Kind of spirits. (2) Liquors manufactured in Puerto Commissioner of Customs with a (4) Brand name. Rico may not be included in claims filed summary statement by the regional (5) For full cases, show. (i) Number of under this subpart. Claims for losses of director (compliance) regarding his or cases; Puerto Rican liquors shall be filed with her findings. (ii) Serial numbers; the Secretary of the Treasury of Puerto (iii) Bottles per case; Rico under the laws of Puerto Rico. Destruction of Liquors (iv) Size of bottles; (v) Wine gallons per case; § 70.605 Claims relating to imported, § 70.609 Supervision. (vi) Proof; and domestic, and Virgin Islands liquors. When allowance has been made (vii) Proof gallons. (a) Claims involving taxes on under this subpart for the tax and/or (6) For bottles not in cases, show. domestic liquors, imported liquors, and duty on liquors condemned by a duly (i) Total number; liquors manufactured in the Virgin authorized official or made (ii) Size of bottles; Islands must show the quantities of each unmarketable, the liquors shall be (iii) Wine gallons; separately in the claim. destroyed by suitable means under (iv) Proof; and (b) A separate claim on Form 2635 supervision satisfactory to the regional (v) Total proof gallons. (5620.8) must be filed for customs director (compliance), unless the liquors (7) Total proof gallons for all items. duties. were previously destroyed under (b) Claims relating to wines. The supervision satisfactory to the regional record of inventory of wines lost, made § 70.606 Claimant to furnish proof. director (compliance). The unmarketable, or condemned, which is The claimant shall furnish proof to Commissioner of Customs will notify required to support claims filed under the satisfaction of the regional director the regional director (compliance) as to § 70.603, shall show the following (compliance) regarding the following: allowance under this subpart of claims information: (a) That the tax on the liquors, or the for duty on unmarketable or condemned (1) Name and business address of tax and duty if imported, was fully paid; liquors. claimant (as shown on claim, Form 2635 or the tax, if not paid, was fully Penalties (5620.8)). determined. (2) Address where the wines were (b) That the liquors were lost, made § 70.610 Penalties. lost, became unmarketable, or were unmarketable, or condemned by a duly (a) Penalties are provided in 26 U.S.C. condemned, if different from the authorized official, by reason of damage 7206 for making any false or fraudulent business address. sustained as a result of a disaster or statement under the penalties of perjury (3) Kind of wine. other cause of loss specified in this in support of any claim. (4) Percent of alcohol by volume. subpart. (b) Penalties are provided in 26 U.S.C. (5) Number of barrels or kegs. (c) The type and date of occurrence of 7207 for filing any false or fraudulent (6) Kind and number of other bulk the disaster or other specified cause of document under this subpart. containers. loss, and the location of the liquors at (c) All laws and regulations, including (7) Number of full cases and bottles the time. penalties, which apply to internal per case. (d) That the claimant was not revenue taxes on liquors shall, when (8) Size of bottles. indemnified by a valid claim of appropriate, apply to payments made (9) Number of bottles not in cases and insurance or otherwise for the tax, or tax under this subpart the same as if the wine gallons. and duty, on the liquors covered by the payments were actual refunds of (10) Total wine gallons. claim. internal taxes on liquors. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31035

PART 170ÐMISCELLANEOUS 1995. OMB approved the information ENVIRONMENTAL PROTECTION REGULATIONS RELATING TO LIQUOR collection requirements in the AGENCY regulations on May 1, 1996. The Par. 12. The authority citation for part information collection requirements in 40 CFR Part 52 170 is revised to read as follows: these regulations will therefore become [LA±16±1±7165a; FRL±5522±6] Authority: 26 U.S.C. 5001, 5002, 5111, effective with all of the other provisions 5121, 5171, 5205, 5291, 5301, 5362, 7805; 31 of the regulations on July 1, 1996. Approval and Promulgation of Air U.S.C. 9304, 9306. Quality Plans; Louisiana; Revision to Par. 13. Subpart E, §§ 170.85–170.100 Waiver of Proposed Rulemaking the State Implementation Plan (SIP) and Subpart O, §§ 170.301–170.311 are It is the practice of the Secretary to Addressing Ozone Monitoring removed. offer interested parties the opportunity AGENCY: Environmental Protection Signed: May 7, 1996. to comment on proposed regulations. Agency (EPA). Bradley A. Buckles, However, the publication of OMB ACTION: Direct final rule. Acting Director. control numbers is purely technical and SUMMARY: The EPA is approving a Approved: May 21, 1996. does not establish substantive policy. revision to Louisiana’s SIP for ozone. John P. Simpson, Therefore, the Secretary has determined under 5 U.S.C. 553 (b)(B), that public This action is based upon a revision Deputy Assistant Secretary, Regulatory, Tariff request which was submitted by the & Trade Enforcement. comment on the regulations is unnecessary and contrary to the public State to satisfy the requirements of the [FR Doc. 96–14853 Filed 6–18–96; 8:45 am] Clean Air Act (Act), as amended interest. BILLING CODE 4810±31±P November 15, 1990, and the List of Subjects in 34 CFR Part 668 Photochemical Assessment Monitoring Stations (PAMS) regulations. The PAMS DEPARTMENT OF EDUCATION Administrative practice and regulations require the State to provide procedure, Colleges and universities, for the establishment and maintenance 34 CFR Part 668 Consumer protection, Education, Loan of an enhanced ambient air quality RIN 1840±AB84 programs-education, Reporting and monitoring network in the form of recordkeeping requirements, Student PAMS by November 12, 1993. Student Assistance General Provisions aid, Vocational education. DATES: This final rule is effective August AGENCY: Department of Education. Dated: June 14, 1996. 19, 1996, unless adverse comments are received by July 19 1996. If the effective ACTION: Final regulations. David A. Longanecker, Assistant Secretary for Postsecondary date is delayed, timely notice will be SUMMARY: The Secretary amends the Education. published in the Federal Register (FR). Student Assistance General Provisions ADDRESSES: Written comments should regulations to add the Office of The Secretary amends Part 668 of be addressed to Mr. Thomas H. Diggs, Management and Budget (OMB) control Title 34 of the Code of Federal Chief, Air Planning Section (6PD–L), at number to certain sections of the Regulations as follows: the EPA Regional Office listed below. regulations. These sections contain Copies of the documents relevant to this information collection requirements PART 668ÐSTUDENT ASSISTANCE final action are available for public approved by OMB. The Secretary takes GENERAL PROVISIONS inspection during normal business this action to inform the public that hours at the following locations. these requirements have been approved 1. The authority citation for Part 668 Interested persons wanting to examine and affected parties must comply with continues to read as follows: these documents should make an them. Authority: 20 U.S.C. 1085, 1088, 1091, appointment with the appropriate office EFFECTIVE DATE: These regulations are 1092, 1094, 1099c, and 1141 unless at least 24 hours before the visiting day. effective on July 1, 1996. otherwise noted. Environmental Protection Agency, FOR FURTHER INFORMATION CONTACT: Region 6, Multimedia Planning and Lorraine Kennedy, U.S. Department of §§ 668.143 through 668.146, 668.148 Permitting Division, 1445 Ross through 668.153, 668.156 [Amended] Education, 600 Independence Avenue, Avenue, Suite 700, Dallas, Texas SW., (Room 3053, ROB–3) Washington, 2. Sections 668.143, 668.144, 668.145, 75202–2733, telephone (214) 665– DC 20202. Telephone (202) 708–7888. 668.146, 668.148, 668.149, 668.150, 7214. Individuals who use a 668.151, 668.152, 668.153, and 668.156 Louisiana Department of Environmental telecommunications device for the deaf are amended by adding the OMB control Quality, Office of Air Quality and (TDD) may call the Federal Information number following each section to read Radiation Protection, H. B. Garlock Building, 7290 Bluebonnet Blvd., Relay Service (FIRS) at 1–800–877–8339 as follows: ‘‘(Approved by the Office of Baton Rouge, Louisiana 70810. between 8 a.m. and 8 p.m. Eastern time, Management and Budget under control Monday through Friday. number 1840–0627)’’. FOR FURTHER INFORMATION CONTACT: Ms. SUPPLEMENTARY INFORMATION: Final Jeanne M. McDaniels, Air Planning regulations for the Student Assistance [FR Doc. 96–15649 Filed 6–18–96; 8:45 am] Section (6PD–L), Environmental General Provisions were published in BILLING CODE 4000±01±M Protection Agency, Region 6, 1445 Ross the Federal Register on December 1, Avenue, Dallas, Texas 75202–2733, 1995 (60 FR 61830 [Ability-to-Benefit]). telephone (214) 665–7254. Compliance with information collection SUPPLEMENTARY INFORMATION: requirements in certain sections of these regulations was delayed until those I. Background requirements were approved by OMB On September 10, 1993, the Louisiana under the Paperwork Reduction Act of Department of Environmental Quality 31036 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(LDEQ) submitted to the EPA a SIP granted final approval of the network The Louisiana PAMS SIP revision revision incorporating PAMS into the description on October 13, 1995.) also includes a provision to meet quality ambient air quality monitoring network It should be noted that, since network assurance requirements as contained in of State or Local Air Monitoring Stations descriptions may change annually, they 40 CFR part 58, appendix A. The State (SLAMS) and National Air Monitoring are not part of the SIP as recommended also assures that the State’s PAMS Stations (NAMS). The State will by the EPA’s ‘‘Guideline for the monitors will meet monitoring establish and maintain PAMS as part of Implementation of the Ambient Air methodology requirements contained in its overall ambient air quality Monitoring Regulations 40 CFR Part 58 40 CFR part 58, appendix C. Lastly, the monitoring network. (November 1979).’’ The network State assures that the Louisiana PAMS Section 182(c)(1) of the Act and the description is negotiated and approved network will be phased in over a period General Preamble 1 require that the EPA during an annual review as required by of five years as required in 40 CFR promulgate rules for enhanced 40 CFR sections 58.25, 58.36, and 58.46. 58.44. The State’s PAMS SIP submittal monitoring of ozone, oxides of nitrogen EPA did, however, require States to and the EPA’s technical support (NOX), and volatile organic compounds provide a copy of the proposed PAMS document are available for viewing at (VOC) no later than 18 months after the network description, including phase-in the EPA Region 6 office and the LDEQ’s date of the enactment of the Act. In schedule, on file for public inspection Baton Rouge office as outlined under addition, the Act requires that, during the public notice/comment the ADDRESSES section of this FR following the promulgation of the rules period for the PAMS SIP revision or, document. relating to enhanced ambient alternatively, provide information to the The State addressed, in the final monitoring, the State must commence public upon request concerning the PAMS SIP submittal, EPA Region 6’s actions to adopt and implement a State’s plans for implementing the rules. comment on the proposed SIP that the program, based on these rules, to As stated earlier, Louisiana included a SIP should include a clear statement improve monitoring for ambient network description and that the LDEQ intends to implement PAMS pursuant to 40 CFR part 58 as concentrations of ozone, NOX and VOC implementation schedule in the and to improve monitoring of emissions proposed PAMS SIP revision. amended February 12, 1993. of NOX and VOC. On November 17, 1993, the EPA sent III. Rulemaking Action The final PAMS rule was promulgated the Governor of Louisiana a letter In this action, the EPA is approving by the EPA on February 12, 1993 (58 FR finding the September 10, 1993, PAMS 8452). Section 58.40(a) of the rule the revision to the Louisiana Ozone SIP SIP submittal administratively for PAMS. The EPA has reviewed this requires the State to submit a PAMS complete. network description, including a revision to the Louisiana SIP and is schedule for implementation, to the II. Analysis of State Submittal approving it as submitted because it Administrator within six months after meets the requirements of section The Louisiana PAMS SIP revision 182(c)(1) of the Act and the appropriate promulgation or by August 12, 1993. will provide Louisiana with the Further, section 58.20(f) requires the sections of 40 CFR part 58. authority to establish and operate the Copies of the State’s SIP revision and State to provide for the establishment PAMS sites, secure State funds for the Technical Support Document (TSD) and maintenance of a PAMS network PAMS and provide the EPA with the detailing EPA’s review of the SIP within nine months after promulgation authority to enforce the implementation revision are available at the address of the final rule or by November 12, of PAMS, since their implementation is listed in the ADDRESSES section above. 1993. required by the Act. On July 1, 1993, the LDEQ submitted For a detailed analysis of the SIP The criteria used to review the revision, the reader is referred to the to the EPA a proposed SIP revision proposed SIP revision are derived from which included a PAMS network TSD. the PAMS regulations codified at 40 The EPA is publishing this action description. The LDEQ held a public CFR Part 58; the EPA’s ‘‘Guideline for without prior proposal because the hearing on the proposed PAMS SIP the Implementation of the Ambient Air Agency views this as a noncontroversial revision on August 23, 1993. No Monitoring Regulations 40 CFR part revision and anticipates no adverse comments were received either during 58’’; a September 2, 1993, memorandum comments. However, in a separate the public hearing or the public from G. T. Helms, Office of Air Quality document in this Federal Register comment period with the exception of Planning and Standards, entitled, ‘‘Final publication, the EPA is proposing to one written comment submitted by the Boilerplate Language for the PAMS SIP approve the SIP revision should adverse EPA as discussed below. Submittal’’; the Act; and the General or critical comments be filed. Thus, On September 10, 1993, the State Preamble. submitted the official PAMS SIP today’s direct final action will be The Louisiana PAMS SIP revision revision. Louisiana’s PAMS SIP revision effective August 19, 1996, unless by July provides that the State will implement is intended to meet the requirements of 19, 1996, adverse or critical comments PAMS as required in 40 CFR Part 58, as section 182(c)(1) of the Act and effect are received. amended February 12, 1993. The State If the EPA receives such comments, compliance with the PAMS regulations will amend its SLAMS and its NAMS this action will be withdrawn before the promulgated on February 12, 1993, and monitoring systems to include the effective date by publishing a codified at 40 CFR part 58. PAMS requirements. It will develop its On September 27, 1993, the LDEQ subsequent document that will PAMS network design and establish submitted to the EPA a revised PAMS withdraw the final action. All public monitoring sites pursuant to 40 CFR network description including a comments received will then be part 58 in accordance with an approved schedule for implementation. (The EPA addressed in a subsequent final rule network description and as negotiated conditionally approved the network based on this action serving as a with the EPA through the section 105 description on April 21, 1994, and proposed rule. The EPA will not grant process on an annual basis. To institute a second comment period on 1 ‘‘General Preamble for the Implementation of date, the State has successfully this action. Any parties interested in Title I of the Clean Air Act Amendments of 1990,’’ implemented a PAMS network as commenting on this action should do so 57 FR 13515, dated April 16, 1992. required in 40 CFR part 58. at this time. If no such comments are Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31037 received, the public is advised that this The EPA has determined that the § 52.995 Enhanced ambient air quality action will be effective August 19, 1996. approval action promulgated today does monitoring. The EPA has reviewed this request for not include a Federal mandate that may (a) The Governor of the State of revision of the federally-approved SIP result in estimated costs of $100 million Louisiana submitted the photochemical for conformance with the provisions of or more to State, local, or tribal assessment monitoring stations (PAMS) the Act as amended November 15, 1990. governments in the aggregate, or to the State Implementation Plan (SIP) The EPA has determined that this action private sector. This Federal action revision for the Baton Rouge ozone conforms with those requirements. approves pre-existing requirements nonattainment area on September 10, Nothing in this action should be under State or local law, and imposes 1993. This SIP submittal satisfies 40 construed as permitting, allowing or no new Federal requirements. CFR 58.20(f), which requires the State to establishing a precedent for any future Accordingly, no additional costs to provide for the establishment and request for revision to any SIP. Each State, local, or tribal governments, or to maintenance of PAMS. request for revision to a SIP shall be the private sector, result from this (b) The Baton Rouge ozone considered separately in light of specific action. nonattainment area is classified as technical, economic, and environmental Serious and includes Ascension, East This action has been classified as a factors and in relation to relevant Baton Rouge, Iberville, Livingston, Table 3 action for signature by the statutory and regulatory requirements. Pointe Coupee, and West Baton Rouge Regional Administrator under the Under the Regulatory Flexibility Act, Parishes. procedures published in the Federal 5 U.S.C. 600 et seq., the EPA must Register on January 19, 1989 (54 FR [FR Doc. 96–15589 Filed 6–18–96; 8:45 am] prepare a regulatory flexibility analysis BILLING CODE 6560±50±P assessing the impact of any proposed of 2214–2225), as revised by a July 10, final rule on small entities. Small 1995, memorandum from Mary Nichols, Assistant Administrator for Air and entities include small businesses, small 40 CFR Part 180 not-for-profit enterprises, and Radiation. The Office of Management government entities with jurisdiction and Budget has exempted this [OPP±300418A; FRL±5375±9] regulatory action from Executive Order over populations that are less than RIN 2070±AB78 50,000. 12866 review. The SIP revision approvals under Under section 307(b)(1) of the Act, 42 Oxidized Pine Lignin, Sodium Salt; section 110 and subchapter I, part D, of U.S.C. 7607(b), petitions for judicial Tolerance Exemption the Act do not create any new review of this action must be filed in the requirements, but simply approve United States Court of Appeals for the AGENCY: Environmental Protection requirements that the State is already appropriate circuit by August 19, 1996. Agency (EPA). imposing. Therefore, because the Filing a petition for reconsideration by ACTION: Final rule. Federal SIP approval does not impose the Administrator of this final rule does SUMMARY: This document establishes an any new requirements, the EPA certifies not affect the finality of this rule for the exemption from the requirement of a that this proposed rule would not have purposes of judicial review nor does it tolerance for residues of oxidized pine a significant impact on any small extend the time within which a petition lignin, sodium salt when used as an entities affected. Moreover, due to the for judicial review may be filed, and inert ingredient (surfactant or related nature of the Federal-State relationship shall not postpone the effectiveness of under the Act, preparation of a adjuvant of a surfactant) in pesticide such rule or action. This action may not formulations applied to growing crops, regulatory flexibility analysis would be challenged later in proceedings to constitute Federal inquiry into the to raw agricultural commodities after enforce its requirements. (See section harvest, or to animals. LignoTech USA, economic reasonableness of State 307(b)(2).) actions. The Act forbids the EPA to base Inc. requested this regulation pursuant its actions concerning SIP’s on such List of Subjects in 40 CFR Part 52 to the Federal Food, Drug and Cosmetic grounds. Union Electric Co. v. Act (FFDCA). U.S.E.P.A., 427 U.S. 246, 256–266 (S. Ct. Environmental protection, Air EFFECTIVE DATE: This regulation 1976); 42 U.S.C. section 7410(a)(2). pollution control, Hydrocarbons, becomes effective June 19, 1996. Nitrogen dioxide, Ozone, Volatile Under section 202 of the Unfunded ADDRESSES: Written objections, Mandates Reform Act of 1995 organic compounds. identified by the docket number, [OPP– (Unfunded Mandates Act), signed into Dated: June 10, 1996. 300418A] may be submitted to: Hearing law on March 22, 1995, the EPA must Allyn M. Davis, Clerk (1900), Environmental Protection prepare a budgetary impact statement to Acting Regional Administrator. Agency, Rm. M3708, 401 M St., SW., accompany any proposed or final rule Washington, DC 20460. A copy of any that includes a Federal mandate that Part 52, chapter I, title 40 of the Code objections and hearing requests filed may result in estimated costs to State, of Federal Regulations is amended as with the Hearing Clerk should be local, or tribal governments in the follows: identified by the docket number and aggregate, or to the private sector, of submitted to: Public Response and $100 million or more. Under section PART 52Ð[AMENDED] Program Resources Branch, Field 205, the EPA must select the most cost- Operations Division (7506C), Office of effective and least burdensome 1. The authority citation for part 52 Pesticide Programs, Environmental alternative that achieves the objectives continues to read as follows: Protection Agency, 401 M St., SW., of the rule and is consistent with Authority: 42 U.S.C. 7401–7671q. Washington, DC 20460. In person, bring statutory requirements. Section 203 copy of objections and hearing request requires the EPA to establish a plan for Subpart TÐLouisiana to: Rm. 1132, CM #2, 1921 Jefferson informing and advising any small Davis Hwy., Arlington, VA 22202. Fees governments that may be significantly 2. Section 52.995 is added to read as accompanying objections shall be or uniquely impacted by the rule. follows: labeled ‘‘Tolerance Petition Fees’’ and 31038 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations forwarded to: EPA Headquarters carrageenan and modified cellulose; legal holidays. The public record is Accounting Operations Branch, OPP wetting, spreading, and dispersing located in Room 1132 of the Public (Tolerance Fees), P.O. Box 360277M, agents; propellants in aerosol Response and Program Resources Pittsburgh, PA 15251. dispensers; microencapsulating agents; Branch, Field Operations Division A copy of objections and hearing and emulsifiers. The term ‘‘inert’’ is not (7506C), Office of Pesticide Programs, requests filed with the Hearing Clerk intended to imply nontoxicity; the Environmental Protection Agency, may also be submitted electronically by ingredient may or may not be Crystal Mall #2, 1921 Jefferson Davis sending electronic mail (e-mail) to: opp- chemically active. Highway, Arlington, VA. [email protected]. Copies of There were no comments or requests Written objections and hearing objections and hearing requests must be for referral to an advisory committee requests, identified by the docket submitted as an ASCII file avoiding the received in response to the proposed number [OPP–300418A], may be use of special characters and any form rule. submitted to the Hearing Clerk (1900), of encryption. Copies of objections and The data submitted relevant to the Environmental Protection Agency, Rm. hearing requests will also be accepted proposal and other relevant material 3708, 401 M St., SW., Washington, DC on disks in WordPerfect 5.1 file format have been evaluated and discussed in 20460. or ASCII file format. All copies of the proposed rule. Based on the data A copy of electronic objections and objections and hearing requests in and information considered, the Agency hearing requests filed with the Hearing electronic form must be identified by concludes that the tolerance exemption Clerk can be sent directly to EPA at: will protect the public health. the docket number [OPP–300418A]. No [email protected] Confidential Business Information (CBI) Therefore, the tolerance exemption is established as set forth below. should be submitted through e-mail. A copy of electronic objections and Electronic comments on this proposed Any person adversely affected by this regulation may, within 30 days after hearing requests filed with the Hearing rule may be filed online at many Federal Clerk must be submitted as an ASCII file Depository Libraries. Additional publication of this document in the Federal Register, file written objections avoiding the use of special characters information on electronic submissions and any form of encryption. can be found below in this document. and/or request a hearing with the Hearing Clerk, at the address given The official record for this FOR FURTHER INFORMATION CONTACT: By above (40 CFR 178.20). A copy of the rulemaking, as well as the public mail: Amelia M. Acierto, Registration objections and/or hearing requests filed version, as described above will be kept Support Branch, Registration Division with the Hearing Clerk should be in paper form. Accordingly, EPA will (7505W), Office of Pesticide Programs, submitted to the OPP docket for this transfer all comments received Environmental Protection Agency, 401 rulemaking. The objections submitted electronically into printed, paper form M St., SW., Washington, DC 20460. must specify the provisions of the as they are received and will place the Office location and telephone number: regulation deemed objectionable and the paper copies in the official rulemaking Westfield Building North, 6th Fl., 2800 grounds for the objections (40 CFR record which will also include all Crystal Drive, Arlington, VA 22202, 178.25). Each objection must be comments submitted directly in writing. (703) 308–8375; e-mail: accompanied by the fee prescribed by The official rulemaking record is the [email protected]. 40 CFR 180.33(i). If a hearing is paper record maintained at the address SUPPLEMENTARY INFORMATION: In the requested, the objections must include a in ‘‘ADDRESSES’’ at the beginning of Federal Register of March 27, 1996 (61 statement of the factual issue(s) on this document. FR 13476), EPA issued a proposed rule which a hearing is requested, the Under Executive Order 12866 (58 FR (FRL–5353–6) that gave notice that requestor’s contentions on such issues, 51735, October 4, 1993), the Agency LignoTech USA, Inc., 100 Highway 51 and a summary of any evidence relied must determine whether the regulatory South, Rothschild, WI 54474–1998 had upon by the objector (40 CFR 178.27). A action is ‘‘significant’’ and therefore submitted pesticide petition (PP) request for a hearing will be granted if subject to all the requirements of the 5E4471 to EPA requesting that the the Administrator determines that the Executive Order (i.e., Regulatory Impact Administrator, pursuant to section material submitted shows the following: Analysis, review by the Office of 408(e) of the FFDCA, 21 U.S.C. 346a(e), There is a genuine and substantial issue Management and Budget (OMB)). Under amend 40 CFR 180.1001(c) by of fact; there is a reasonable possibility section 3(f), the order defines establishing an exemption from the that available evidence identified by the ‘‘significant’’ as those actions likely to requirement of a tolerance for residues requestor would, if established, resolve lead to a rule (1) having an annual effect of oxidized pine lignin, sodium salt one or more of such issues in favor of on the economy of $100 million or when used as an inert ingredient (a the requestor, taking into account more, or adversely and materially surfactant or related adjuvant of a uncontested claims or facts to the affecting a sector of the economy, surfactant) in pesticide formulations contrary; and resolution of the factual productivity, competition, jobs, the applied to growing crops or to raw issue(s) in the manner sought by the environment, public health or safety, or agricultural commodities after harvest requestor would be adequate to justify State, local or tribal governments or or to animals. the action requested (40 CFR 178.32). communities (also known as Inert ingredients are all ingredients A record has been established for this ‘‘economically significant’’); (2) creating that are not active ingredients as defined rulemaking under docket number [OPP– serious inconsistency or otherwise in 40 CFR 153.125, and include, but are 300418A] (including objections and interfering with an action taken or not limited to, the following types of hearing requests submitted planned by another agency; (3) ingredients (except when they have a electronically as described below). A materially altering the budgetary pesticidal efficacy of their own): public version of this record, including impacts of entitlement, grants, user fees, Solvents such as alcohols and printed, paper versions of electronic or loan programs; or (4) raising novel hydrocarbons; surfactants such as comments, which does not include any legal or policy issues arising out of legal polyoxyethylene polymers and fatty information claimed as CBI is available mandates, the President’s priorities, or acids; carriers such as clay and for public inspection from 8 a.m. to 4:30 the principles set forth in this Executive diatomaceous earth; thickeners such as p.m., Monday through Friday, excluding Order. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31039

Pursuant to the terms of this levels or establishing exemptions from PART 180Ð[AMENDED] Executive Order, EPA has determined tolerance requirements do not have a that this rule is not ‘‘significant’’ and is significant economic impact on a 1. The authority citation for part 180 therefore not subject to OMB review. substantial number of small entities. A continues to read as follows: This action does not impose any certification statement to this effect was Authority: 21 U.S.C. 346a and 371. enforceable duty, or contain any published in the Federal Register of ‘‘unfunded mandates’’ as described in May 4, 1981 (46 FR 24950). Title II of the Unfunded Mandates 2. In § 180.1001 the table in paragraph List of Subjects in 40 CFR Part 180 Reform Act of 1995 (Pub. L. 104–4), or (c) and (e) is amended by adding require prior consultation as specified Environmental protection, alphabetically the inert ingredient by Executive Order 12875 (58 FR 58093, Administrative practice and procedure, ‘‘Oxidized pine lignin, sodium salt, October 28, 1993), entitled Enhancing Agricultural commodities, Pesticides (CAS Reg. No. 68201–23–0),’’ to read as the Intergovernmental Partnership, or and pests, Reporting and recordkeeping follows: special consideration as required by requirements. § 180.1001 Exemptions from the Executive Order 12898 (59 FR 7629, Dated: June 4, 1996. February 16, 1994). requirement of a tolerance. Stephen L. Johnson, Pursuant to the requirements of the * * * * * Regulatory Flexibility Act (5 U.S.C. Director, Registration Division, Office of 601–612), the Administrator has Pesticide Programs. (c) * * * determined that regulations establishing Therefore, 40 CFR part 180 is new tolerances or raising tolerance amended as follows:

Inert ingredients Limits Uses

******* Oxidized pine lignin, sodium salt, (CAS Reg. No. Maximum of 2% of formulation Surfactant, related adjuvant of surfactant 68201±23±0).

*******

* * * * (e) * * *

Inert ingredients Limits Uses

******* Oxidized pine lignin, sodium salt (CAS Reg. No. Maximum of 2% of formulation Surfactant, related adjuvant of surfactant 68201±23±0).

*******

* * * * * the regulation to establish a maximum (7506C), Office of Pesticide Programs, [FR Doc. 96–15476 Filed 6–18–96; 8:45 am] permissible level for residues of the Environmental Protection Agency, 401 fungicide pursuant to the Federal Food, M St., SW., Washington, DC 20460. In BILLING CODE 6560±50±F Drug and Cosmetic Act (FFDCA). person, bring copy of objections and EFFECTIVE DATE: This regulation hearing requests to Rm. 1132, CM #2, 40 CFR Part 180 becomes effective June 19, 1996. 1921 Jefferson Davis Hwy., Arlington, VA 22202. [PP 5E4434/R2246; FRL±5374±7] ADDRESSES: Written objections and A copy of objections and hearing hearing requests, identified by the RIN 2070±AB78 requests filed with the Hearing Clerk document control number, [PP 5E4434/ may also be submitted electronically by Aluminum Tris (O-ethylphosphonate); R2246], may be submitted to: Hearing sending electronic mail (e-mail) to: opp- Pesticide Tolerance For Use in or on Clerk (1900), Environmental Protection [email protected]. Blueberry Agency, Rm. M3708, 401 M St., SW., Copies of objections and hearing Washington, DC 20460. Fees requests must be submitted as an ASCII AGENCY: Environmental Protection accompanying objections and hearing file avoiding the use of special Agency (EPA). requests shall be labeled ‘‘Tolerance characters and any form of encryption. ACTION: Final rule. Petition Fees’’ and forwarded to: EPA Copies of objections and hearing Headquarters Accounting Operations requests will also be accepted on disks SUMMARY: This document establishes a Branch, OPP (Tolerance Fees), P.O. Box in WordPerfect 5.1 file format or ASCII time-limited tolerance for residues of 360277M, Pittsburgh, PA 15251. A copy file format. All copies of objections and the fungicide aluminum tris (O- of any objections and hearing requests hearing requests in electronic form must ethylphosphonate) (also referred to in filed with the Hearing Clerk should be be identified by the docket number [PP this document as fosetyl-Al) and its identified by the document control 5E4434/R2246]. No Confidential metabolites in or on the raw agricultural number and submitted to: Public Business Information (CBI) should be commodity blueberry. The Interregional Response and Program Resources submitted through e-mail. Electronic Research Project No. 4 (IR-4) requested Branch, Field Operations Division copies of objections and hearing 31040 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations requests on this rule may be filed online statement of the factual issue(s) on public health or safety, or State, local or at many Federal Depository Libraries. which a hearing is requested, the tribal governments or communities (also Additional information on electronic requestor’s contentions on such issues, referred to as ‘‘economically submissions can be found below in this and a summary of any evidence relied significant’’); (2) creating serious document. upon by the objector (40 CFR 178.27). A inconsistency or otherwise interfering FOR FURTHER INFORMATION CONTACT: By request for a hearing will be granted if with an action taken or planned by mail: Hoyt L. Jamerson, Registration the Administrator determines that the another agency; (3) materially altering Division (7505W), Environmental material submitted shows the following: the budgetary impacts of entitlement, Protection Agency, 401 M St., SW., There is genuine and substantial issue grants, user fees, or loan programs or the Washington, DC 20460. Office location of fact; there is a reasonable possibility rights and obligations thereof; or (4) and telephone number: Sixth Floor, that available evidence identified by the raising novel legal or policy issues Crystal Station #1, 2800 Jefferson Davis requestor would, if established, resolve arising out of legal mandates, the Highway, Arlington, VA 22202. (703) one or more of such issues in favor of President’s priorities, or the principles 308-8783; e-mail: the requestor, taking into account set forth in this Executive Order. [email protected]. uncontested claims or facts to the Pursuant to the terms of this Executive contrary; and resolution of the factual Order, EPA has determined that this SUPPLEMENTARY INFORMATION: In the issue(s) in the manner sought by the rule is not ‘‘significant’’ and is therefore Federal Register of April 26, 1996 (61 requestor would be adequate to justify not subject to OMB review. FR 18534), EPA issued a proposed rule the action requested (40 CFR 178.32). This action does not impose any (FRL–5363–3) that gave notice that the A record has been established for this enforceable duty, or contain any Interregional Research Project No. 4 (IR- rulemaking under docket number [PP ‘‘unfunded mandates’’ as described in 4), New Jersey Agricultural Experiment 5E4434/R2246] (including any Title II of the Unfunded Mandates Station, P.O. Box 231, New Brunswick, objections and hearing requests Reform Act of 1995 (Pub. L. l04–4), or NJ 08903, had submitted pesticide submitted electronically as described require prior consultation as specified petition (PP) 5E4434 to EPA on behalf below). A public version of this record, by Executive Order 12875 (58 FR 58093, of the Agricultural Experiment Stations including printed, paper versions of October 28, 1993), entitled Enhancing of Maine, Michigan, New Jersey, North electronic comments which does not the Intergovernmental Partnership, or Carolina, and Oregon. This petition include any information claimed as CBI, special consideration as required by requests that the Administrator, is available for inspection from 8 a.m. to Executive Order 12898 (59 FR 7629, pursuant to section 408(e) of the 4:30 p.m., Monday through Friday, February 16, 1994). FFDCA, 21 U.S.C. 346a(e) amend 40 excluding legal holidays. The public Pursuant to the requirements of the CFR 180.415 by establishing a time- record is located in Room 1132 of the Regulatory Flexibility Act (5 U.S.C. limited tolerance for residues of the Public Response and Program Resources 601–612), the Administrator has fungicide fosetyl-Al [aluminum tris (O- Branch, Field Operations Division determined that regulations establishing ethylphosphonate)] in or on the raw (7506C), Office of Pesticide Programs, new tolerances or raising tolerance agricultural commodity blueberry at 40 Environmental Protection Agency, levels or establishing exemptions from part per million (ppm). There were no Crystal Mall #2, 1921 Jefferson Davis tolerance requirements do not have a comments or requests for referral to an Highway, Arlington, VA. significant economic impact on a advisory committee received in The official record for this substantial number of small entities. A response to the proposed rule. rulemaking, as well as the public certification statement explaining the The data submitted with the proposal version, as described above will be kept factual basis for this determination was and other relevant material have been in paper form. Accordingly, EPA will published in the Federal Register of evaluated and discussed in the transfer any copies of objections and May 4, 1981 (46 FR 24950). proposed rule. Based on the data and hearing requests received electronically information considered, the Agency into printed, paper form as they are List of Subjects in 40 CFR Part 180 concludes that the tolerance will protect received and will place the paper copies Environmental protection, the public health. Therefore, the in the official rulemaking record which Administrative practice and procedure, tolerance is established as set forth will also include all comments Agricultural commodities, Pesticides below. submitted directly in writing. The and pests, Reporting and recordkeeping Any person adversely affected by this official rulemaking record is the paper requirements. regulation may, within 30 days after record maintained at the address in Dated: June 4, 1996. publication of this document in the ‘‘ADDRESSES’’ at the beginning of this Federal Register, file written objections document. Stephen L. Johnson, to the regulation and may also request Under Executive Order 12866 (58 FR Director, Registration Division, Office of a hearing on those objections. 51735, October 4, 1993), the Agency Pesticide Programs. Objections and hearing requests must be must determine whether the regulatory filed with the Hearing Clerk, at the action is ‘‘significant’’ and therefore Therefore, 40 CFR part 180 is address given above (40 CFR 178.20). A subject to all the requirements of the amended as follows: copy of the objections and/or hearing Executive Order (i.e., Regulatory Impact requests filed with the Hearing Clerk Analysis, review by the Office of PART 180Ð[AMENDED] should be submitted to the OPP docket Management and Budget (OMB)). Under 1. The authority citation for part 180 for this rulemaking. The objections section 3(f), the order defines ‘‘a continues to read as follows: submitted must specify the provisions significant regulatory action’’ as an Authority: 21 U.S.C. 346a and 371. of the regulation deemed objectionable action that is likely to result in a rule 2. In § 180.415, by adding a paragraph and the grounds for the objections (40 (1) having an annual effect on the (c), to read as follows: CFR 178.25). Each objection must be economy of $100 million or more, or accompanied by the fee prescribed by adversely and materially affecting a § 180.415 Aluminum tris (O- 40 CFR 180.33(i). If a hearing is sector of the economy, productivity, ethylphosphonate); tolerances for residues. requested, the objections must include a competition, jobs, the environment, * * * * * Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31041

(c) Time-limited tolerances are to Rm. 1132, CM #2, 1921 Jefferson registration should contact the Agency’s established for residues of the fungicide Davis Hwy., Arlington, VA 22202. Registration Division at the address aluminum tris (O-ethylphosphonate) in A copy of objections and hearing provided above. or on the following raw agricultural requests filed with the Hearing Clerk There were no comments or requests commodities: may also be submitted electronically by for referral to an advisory committee sending electronic mail (e-mail) to: opp- received in response to the proposed Parts Expira- [email protected]. rule. Commodities per tion date Copies of objections and hearing The data submitted with the proposal million requests must be submitted as an ASCII and other relevant material have been file avoiding the use of special evaluated and discussed in the Blueberry ...... 40 ...... Decem- characters and any form of encryption. proposed rule. Based on the data and ber 31, Copies of objections and hearing information considered, the Agency 1998 requests will also be accepted on disks concludes that the tolerance will protect in WordPerfect 5.1 file format or ASCII the public health. Therefore, the file format. All copies of objections and tolerance is established as set forth [FR Doc. 96–15477 Filed 6–18–96; 8:45 am] hearing requests in electronic form must below. BILLING CODE 6560±50±F be identified by the docket number [PP Any person adversely affected by this 5E4590/R2243]. No Confidential regulation may, within 30 days after Business Information (CBI) should be publication of this document in the 40 CFR Part 180 submitted through e-mail. Electronic Federal Register, file written objections to the regulation and may also request [PP 5E4590/R2243; FRL±5373±5] copies of objections and hearing requests on this rule may be filed online a hearing on those objections. RIN 2070±AB78 at many Federal Depository Libraries. Objections and hearing requests must be Additional information on electronic filed with the Hearing Clerk, at the Quizalofop Ethyl; Pesticide Tolerance submissions can be found below in this address given above (40 CFR 178.20). A for Use on Pineapple document. copy of the objections and/or hearing requests filed with the Hearing Clerk FOR FURTHER INFORMATION CONTACT: By AGENCY: Environmental Protection should be submitted to the OPP docket mail: Hoyt L. Jamerson, Registration Agency (EPA). for this rulemaking. The objections ACTION: Final rule. Division (7505W), Environmental submitted must specify the provisions Protection Agency, 401 M St., SW., of the regulation deemed objectionable SUMMARY: This document establishes a Washington, DC 20460. Office location tolerance for the combined residues of and the grounds for the objections (40 and telephone number: Sixth Floor, CFR 178.25). Each objection must be the herbicide quizalofop-p ethyl ester, Crystal Station #1, 2800 Jefferson Davis accompanied by the fee prescribed by its acid metabolite quizalofop-p, and the Highway, Arlington, VA 22202, (703) 40 CFR 180.33(i). If a hearing is S enantiomers of both the ester and the 308–8783; e-mail: requested, the objections must include a acid, all expressed as quizalofop-p ethyl [email protected]. statement of the factual issue(s) on ester, in or on the raw agricultural SUPPLEMENTARY INFORMATION: In the which a hearing is requested, the commodity pineapple. The Interregional Federal Register of April 26, 1996 (61 requestor’s contentions on such issues, Research Project No. 4 (IR-4) requested FR 18536), EPA issued a proposed rule and a summary of any evidence relied the regulation to establish a maximum (FRL–5363–5) that gave notice that the upon by the objector (40 CFR 178.27). A permissible level for residues of the Interregional Research Project No. 4 (IR- request for a hearing will be granted if herbicide pursuant to the Federal Food, 4), New Jersey Agricultural Experiment the Administrator determines that the Drug and Cosmetic Act (FFDCA). Station, P.O. Box 231, New Brunswick, material submitted shows the following: EFFECTIVE DATE: This regulation NJ 08903, had submitted pesticide There is genuine and substantial issue becomes effective June 19, 1996. petition (PP) 5E4590 to EPA on behalf of fact; there is a reasonable possibility ADDRESSES: Written objections and of the Hawaii Agricultural Experiment that available evidence identified by the hearing requests, identified by the Station. This petition requests that the requestor would, if established, resolve docket number, [PP 5E4590/R2243], Administrator, pursuant to section one or more of such issues in favor of may be submitted to: Hearing Clerk 408(e) of the FFDCA, 21 U.S.C. 346a(e) the requestor, taking into account (1900), Environmental Protection amend 40 CFR 180.441 by establishing uncontested claims or facts to the Agency, Rm. M3708, 401 M St., SW., a tolerance for the combined residues of contrary; and resolution of the factual Washington, DC 20460. Fees the herbicide quizalofop-p ethyl ester issue(s) in the manner sought by the accompanying objections and hearing [ethyl (R)-(2-[4-((6-chloroquinoxalin-2- requestor would be adequate to justify requests shall be labeled ‘‘Tolerance yl)oxy)phenoxy] propionate], its acid the action requested (40 CFR 178.32). Petition Fees’’ and forwarded to: EPA metabolite quizalofop-p [R-(2-(4-((6- A record has been established for this Headquarters Accounting Operations chloroquinoxalin-2-yl)oxy)phenoxy]) rulemaking under docket number [PP Branch, OPP (Tolerance Fees), P.O. Box propanoic acid], and the S enantiomers 5E4590/R2243] (including any 360277M, Pittsburgh, PA 15251. A copy of the ester and the acid, all expressed objections and hearing requests of any objections and hearing requests as quizalofop-p ethyl ester, in or on the submitted electronically as described filed with the Hearing Clerk should be raw agricultural commodity pineapple below). A public version of this record, identified by the docket number and at 0.1 part per million (ppm). The including printed, paper versions of submitted to: Public Response and petitioner proposed that this use of electronic comments which does not Program Resources Branch, Field quizalofop ethyl be limited to Hawaii include any information claimed as CBI, Operations Division (7506C), Office of based on the geographical is available for inspection from 8 a.m. to Pesticide Programs, Environmental representation of the residue data 4:30 p.m., Monday through Friday, Protection Agency, 401 M St., SW., submitted. Additional residue data will excluding legal holidays. The public Washington, DC 20460. In person, bring be required to expand the area of usage. record is located in Room 1132 of the copy of objections and hearing requests Persons seeking geographically broader Public Response and Program Resources 31042 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

Branch, Field Operations Division determined that regulations establishing 40 CFR Part 180 (7506C), Office of Pesticide Programs, new tolerances or raising tolerance Environmental Protection Agency, levels or establishing exemptions from [OPP±300417A; FRL±5376±3] Crystal Mall #2, 1921 Jefferson Davis tolerance requirements do not have a RIN 2070±AB78 Highway, Arlington, VA. significant economic impact on a The official record for this substantial number of small entities. A 1,1,1,2-Tetrafluoroethane; Tolerance rulemaking, as well as the public certification statement explaining the Exemption version, as described above will be kept factual basis for this determination was in paper form. Accordingly, EPA will AGENCY: Environmental Protection published in the Federal Register of transfer any copies of objections and Agency (EPA). May 4, 1981 (46 FR 24950). hearing requests received electronically ACTION: Final rule. into printed, paper form as they are List of Subjects in 40 CFR Part 180 received and will place the paper copies SUMMARY: This document establishes an in the official rulemaking record which Environmental protection, exemption from the requirement of a will also include all comments Administrative practice and procedure, tolerance for residues of 1,1,1,2- submitted directly in writing. The Agricultural commodities, Pesticides tetrafluoroethane when used as an inert official rulemaking record is the paper and pests, Reporting and recordkeeping ingredient (aerosol propellant) in record maintained at the address in requirements. insecticide formulations intended to be ‘‘ADDRESSES’’ at the beginning of this Dated: June 4, 1996. applied in food handling document. establishments. This regulation was Under Executive Order 12866 (58 FR Stephen L. Johnson, requested by Whitmire Research 51735, October 4, 1993), the Agency Director, Registration Division, Office of Laboratories pursuant to the Federal must determine whether the regulatory Pesticide Programs. Food, Drug and Cosmetic Act (FFDCA). action is ‘‘significant’’ and therefore Therefore, 40 CFR part 180 is EFFECTIVE DATE: This regulation subject to all the requirements of the amended as follows: becomes effective June 19, 1996. Executive Order (i.e., Regulatory Impact ADDRESSES: Written objections, Analysis, review by the Office of PART 180Ð[AMENDED] Management and Budget (OMB)). Under identified by the docket number, [OPP– section 3(f), the order defines ‘‘a 300417A] may be submitted to: Hearing 1. The authority citation for part 180 Clerk (1900), Environmental Protection significant regulatory action’’ as an continues to read as follows: action that is likely to result in a rule Agency, Rm. M3708, 401 M St., SW., (1) having an annual effect on the Authority: 21 U.S.C. 346a and 371. Washington, DC 20460. A copy of any economy of $100 million or more, or objections and hearing requests filed with the Hearing Clerk should be adversely and materially affecting a 2. In § 180.441, by adding a new identified by the docket number and sector of the economy, productivity, paragraph (d), to read as follows: competition, jobs, the environment, submitted to: Public Response and public health or safety, or State, local or § 180.441 Quizalofop ethyl; tolerances for Program Resources Branch, Field tribal governments or communities (also residues. Operations Division (7506C), Office of referred to as ‘‘economically * * * * * Pesticide Programs, Environmental significant’’); (2) creating serious Protection Agency, 401 M St., SW., (d) Tolerances with regional inconsistency or otherwise interfering Washington, DC 20460. In person, bring with an action taken or planned by registration, as defined in § 180.1(n), are copy of objections and hearing request another agency; (3) materially altering established for the combined residues of to: Rm. 1132, CM #2, 1921 Jefferson the budgetary impacts of entitlement, the herbicide quizalofop-p ethyl ester Davis Hwy., Arlington, VA 22202. Fees grants, user fees, or loan programs or the [ethyl (R)-2-[4-((6-chloroquinoxalin-2- accompanying objections shall be rights and obligations thereof; or (4) yl)oxy)phenoxy] propionate], its acid labeled ‘‘Tolerance Petition Fees’’ and raising novel legal or policy issues metabolite quizalofop-p [R-(2-[4-((6- forwarded to: EPA Headquarters arising out of legal mandates, the chloroquinoxalin-2-yl)oxy)phenoxy]) Accounting Operations Branch, OPP President’s priorities, or the principles propanoic acid], and the S enantiomers (Tolerance Fees), P.O. Box 360277M, set forth in this Executive Order. of both the ester and the acid, all Pittsburgh, PA 15251. Pursuant to the terms of this Executive expressed as quizalofop-p ethyl ester, in A copy of objections and hearing Order, EPA has determined that this or the raw agricultural commodities, as requests filed with the Hearing Clerk rule is not ‘‘significant’’ and is therefore follows: may also be submitted electronically by not subject to OMB review. sending electronic mail (e-mail) to: opp- This action does not impose any [email protected]. Copies of Commodity Parts per enforceable duty, or contain any million objections and hearing requests must be ‘‘unfunded mandates’’ as described in submitted as an ASCII file avoiding the Title II of the Unfunded Mandates use of special characters and any form Reform Act of 1995 (Pub. L. 104–4), or ***** of encryption. Copies of objections and require prior consultation as specified Pineapple ...... 0.1 hearing requests will also be accepted by Executive Order 12875 (58 FR 58093, on disks in WordPerfect 5.1 file format October 28, 1993), entitled Enhancing ***** or ASCII file format. All copies of the Intergovernmental Partnership, or objections and hearing requests in special consideration as required by * * * * * electronic form must be identified by Executive Order 12898 (59 FR 7629, [FR Doc. 96–15481 Filed 6–18–96; 8:45 am] the docket number [OPP–300417A]. No February 16, 1994.) BILLING CODE 6560±50±F Confidential Business Information (CBI) Pursuant to the requirements of the should be submitted through e-mail. Regulatory Flexibility Act (5 U.S.C. Electronic comments on this final rule 601–612), the Administrator has may be filed online at many Federal Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31043

Depository Libraries. Additional Any person adversely affected by this A copy of electronic objections and information on electronic submissions regulation may, within (30 days after hearing requests filed with the Hearing can be found below in this document. publication of this document in the Clerk must be submitted as an ASCII file FOR FURTHER INFORMATION CONTACT: By Federal Register), file written objections avoiding the use of special characters mail: Amelia M. Acierto, Registration and/or request a hearing with the and any form of encryption. The official record for this Support Branch, Registration Division Hearing Clerk, at the address given rulemaking, as well as the public (7505W), Office of Pesticide Programs, above (40 CFR 178.20). A copy of the version, as described above will be kept Environmental Protection Agency, 401 objections and/or hearing requests filed in paper form. Accordingly, EPA will M St., SW., Washington, DC 20460. with the Hearing Clerk should be transfer all comments received Office location and telephone number: submitted to the OPP docket for this electronically into printed, paper form Westfield Building North, 6th Fl., 2800 rulemaking. The objections submitted as they are received and will place the Crystal Drive, Arlington, VA 22202, must specify the provisions of the regulation deemed objectionable and the paper copies in the official rulemaking (703) 308–8375; e-mail: record which will also include all [email protected]. grounds for the objections (40 CFR 178.25). Each objection must be comments submitted directly in writing. SUPPLEMENTARY INFORMATION: In the accompanied by the fee prescribed by The official rulemaking record is the Federal Register of April 10, 1996 (61 40 CFR 180.33(i). If a hearing is paper record maintained at the address FR 15913), EPA issued a proposed rule requested, the objections must include a in ‘‘ADDRESSES’’ at the beginning of (FRL–5353–5) that gave notice that statement of the factual issue(s) on this document. Whitmire Research Laboratories, Inc., which a hearing is requested, the Under Executive Order 12866 (58 FR 3568 Tree Court Industrial Boulevard, requestor’s contentions on such issues, 51735, October 4, 1993), the Agency Saint Louis, MO 63122-6620 had and a summary of any evidence relied must determine whether the regulatory submitted pesticide petition (PP) upon by the objector (40 CFR 178.27). A action is ‘‘significant’’ and therefore 5E4439 to EPA requesting that the request for a hearing will be granted if subject to all the requirements of the Administrator, pursuant to section the Administrator determines that the Executive Order (i.e., Regulatory Impact 408(e) of the Federal Food, Drug, and material submitted shows the following: Analysis, review by the Office of Cosmetic Act (FFDCA), 21 U.S.C. There is a genuine and substantial issue Management and Budget (OMB)). Under 346a(e), propose to amend 40 CFR of fact; there is a reasonable possibility section 3(f), the order defines 180.1001(c) by establishing an that available evidence identified by the ‘‘significant’’ as those actions likely to exemption from the requirement of a requestor would, if established, resolve lead to a rule (1) having an annual effect tolerance for residues of 1,1,1,2- one or more of such issues in favor of on the economy of $100 million or tetrafluoroethane (HFC-134a) when used the requestor, taking into account more, or adversely and materially affecting a sector of the economy, as an inert ingredient (aerosol uncontested claims or facts to the productivity, competition, jobs, the propellant) in insecticide formulations contrary; and resolution of the factual environment, public health or safety, or intended for application in food issue(s) in the manner sought by the State, local or tribal governments or handling establishments. requestor would be adequate to justify communities (also known as Inert ingredients are all ingredients the action requested (40 CFR 178.32). that are not active ingredients as defined ‘‘economically significant’’); (2) creating A record has been established for this serious inconsistency or otherwise in 40 CFR 153.125, and include, but are rulemaking under docket number [OPP– not limited to, the following types of interfering with an action taken or 300417A] (including objections and planned by another agency; (3) ingredients (except when they have a hearing requests submitted pesticidal efficacy of their own): materially altering the budgetary electronically as described below). A impacts of entitlement, grants, user fees, Solvents such as alcohols and public version of this record, including hydrocarbons; surfactants such as or loan programs; or (4) raising novel printed, paper versions of electronic legal or policy issues arising out of legal polyoxyethylene polymers and fatty comments, which does not include any acids; carriers such as clay and mandates, the President’s priorities, or information claimed as CBI is available the principles set forth in this Executive diatomaceous earth; thickeners such as for public inspection from 8 a.m. to 4:30 carrageenan and modified cellulose; Order. p.m., Monday through Friday, excluding Pursuant to the terms of this wetting, spreading, and dispersing legal holidays. The public record is Executive Order, EPA has determined agents; propellants in aerosol located in Room 1132 of the Public that this rule is not ‘‘significant’’ and is dispensers; microencapsulating agents; Response and Program Resources therefore not subject to OMB review. and emulsifiers. The term ‘‘inert’’ is not Branch, Field Operations Division This action does not impose any intended to imply nontoxicity; the (7506C), Office of Pesticide Programs, enforceable duty, or contain any ingredient may or may not be Environmental Protection Agency, ‘‘unfunded mandates’’ as described in chemically active. Crystal Mall #2, 1921 Jefferson Davis Title II of the Unfunded Mandates There were no comments or requests Highway, Arlington, VA. Reform Act of 1995 (Pub. L. 104–4), or for referral to an advisory committee Written objections and hearing require prior consultation as specified received in response to the proposed by Executive Order 12875 (58 FR 58093, rule. requests, identified by the docket number (OPP–insert number), may be October 28, 1993), entitled Enhancing The data submitted relevant to the submitted to the Hearing Clerk (1900), the Intergovernmental Partnership, or proposal and other relevant material Environmental Protection Agency, Rm. special consideration as required by have been evaluated and discussed in 3708, 401 M St., SW., Washington, DC Executive Order 12898 (59 FR 7629, the proposed rule. Based on the data 20460. February 16, 1994). and information considered, the Agency Pursuant to the requirements of the concludes that the tolerance exemption A copy of electronic objections and Regulatory Flexibility Act (5 U.S.C. will protect the public health. hearing requests filed with the Hearing 601–612), the Administrator has Therefore, the tolerance exemption is Clerk can be sent directly to EPA at: determined that regulations establishing established as set forth below. [email protected] new tolerances or raising tolerance 31044 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations levels or establishing exemptions from and pests, Reporting and recordkeeping Authority: 21 U.S.C. 346a and 371. tolerance requirements do not have a requirements. 2. In § 180.1001, the table in significant economic impact on a Dated: June 4, 1996. paragraph (c) is amended by adding substantial number of small entities. A alphabetically the inert ingredient Stephen L. Johnson, certification statement to this effect was 1,1,1,2-Tetrafluoroethane, (CAS Reg. No. Director, Registration Division, Office of published in the Federal Register of 811-97-2), to read as follows: May 4, 1981 (46 FR 24950). Pesticide Programs. Therefore, 40 CFR part 180 is § 180.1001 Exemptions from the List of Subjects in 40 CFR Part 180 amended as follows: requirement of a tolerance. Environmental protection, PART 180Ð[AMENDED] * * * * * Administrative practice and procedure, (c) * * * Agricultural commodities, Pesticides 1. The authority citation for part 180 continues to read as follows:

Inert ingredients Limits Uses

******* 1,1,1,2-Tetrafluoroethane, (CAS Reg. No. 811±97±2) ...... Aerosol propellant

*******

* * * * * text of this Report and Order is available the need for manufacturers to obtain [FR Doc. 96–15482 Filed 6–18–96; 8:45 am] for inspection and copying during FCC approval before marketing new normal business hours in the FCC personal computer products and thus BILLING CODE 6560±50±F Reference Center (Room 239), 1919 M will allow such products to reach the Street, NW., Washington, DC, and also marketplace more quickly. We also may be purchased from the believe that our relaxation of the FEDERAL COMMUNICATIONS Commission’s copy contractor, existing regulations, which can be COMMISSION International Transcription Services, particularly burdensome for small 47 CFR Parts 0, 2 and 15 Inc., (202) 857–3800, 2100 M Street, manufacturers, will stimulate NW., Suite 140, Washington, DC 20037. competition in the computer industry. [ET Docket No. 95±19; FCC 96±208] Further, these changes will align our Summary of the Report and Order equipment authorization requirements Streamlining the Equipment 1. By this action, the Commission is for personal computers with those used Authorization Procedures for Digital streamlining the equipment in other parts of the world. This action Devices authorization requirements for personal is consistent with new authority computers and personal computer AGENCY: Federal Communications provided in the Telecommunications peripherals. The item adopts a new Commission. Act of 1996 that permits the ‘‘Declaration of Conformity’’ (DoC) Commission to authorize the use of ACTION: Final rule. procedure that will permit these devices private organizations for testing and SUMMARY: These rules deregulate the to be authorized based on a certifying the compliance of devices or equipment authorization requirements manufacturer’s or supplier’s declaration home electronics equipment and for personal computers and personal that the computer product conforms systems with FCC regulations. computer peripherals by relaxing the with all FCC requirements. Under this 3. Accordingly, it is ordered that Parts equipment authorization procedures to procedure, a manufacturer or equipment 0, 2 and 15 of the Commission’s Rules provide a new self-authorization process supplier will test a product to ensure and Regulations are amended as based on a manufacturer’s or supplier’s compliance with our standards for specified below, effective August 19, declaration of compliance. These limiting radio frequency (RF) emissions 1996. It is also ordered that the changes were made to reduce the and will include a statement, attesting proceeding in GEN Docket No. 90–413 regulatory burden on computer to compliance with those standards in is terminated. The authority for issuance manufacturers and assemblers. This the literature furnished with the of this Report and Order is contained in action will save industry approximately product. We are also permitting the Sections 4(i), 301, 302, 303(e), 303(f), marketing of personal computers $250 million annually, permit products 303(r), 304 and 307 of the assembled from separate components to reach the marketplace more quickly Communications Act of 1934, as that have themselves been authorized and stimulate competition in the amended, 47 U.S.C. Sections 154(i), 301, under a DoC. In such cases, no further computer industry. 302, 303(e), 303(f), 303(r), 304 and 307. testing of the completed assembly will EFFECTIVE DATE: August 19, 1996. be required. Final Regulatory Flexibility Analysis FOR FURTHER INFORMATION CONTACT: John 2. We anticipate that these rule Pursuant to 5 U.S.C. Section 603, an A. Reed at (202) 418–2455 and Anthony changes will save industry Initial Regulatory Flexibility Analysis Serafini at 418–2456, Office of approximately $250 million annually in was incorporated in the Notice of Engineering and Technology. administrative expenses, while Proposed Rule Making (NPRM) in ET SUPPLEMENTARY INFORMATION: This is a continuing to provide the same level of Docket No. 95–19, FCC 95–46, 60 FR summary of the Commission’s Report protection against harmful interference 15116, March 22, 1995. Written and Order in ET Docket No. 95–19, FCC from personal computing devices to comments on the proposals in the 96–208, adopted May 9, 1996 and radio communication services. In NPRM, including the Regulatory released May 14, 1996. The complete addition, the new rules will eliminate Flexibility Analysis, were requested. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31045

The following Final Regulatory Analysis regarding the continued acceptability of procedure for a Declaration of has been prepared: individual accrediting organizations and Conformity, and the procedures to be 1. Need and purpose of this action: accredited laboratories. followed in obtaining type approval, This action determines the standards, type acceptance, certification or test procedures, and equipment PART 2ÐFREQUENCY ALLOCATIONS notification from the Commission and authorization requirements that will be AND RADIO TREATY MATTERS; the conditions attendant to such a grant. applied to personal computers in order: GENERAL RULES AND REGULATIONS 4. A new § 2.906 is added to read as (1) To reduce regulatory burdens on 1. The authority citation for Part 2 follows: computer manufacturers; (2) to remove continues to read as follows: impediments to flexible system design § 2.906 Declaration of Conformity. and construction techniques for Authority: Sec. 4, 302, 303, and 307 of the (a) A Declaration of Conformity is a Communications Act of 1934, as amended, procedure where the responsible party, computers; and, (3) to reduce the 47 U.S.C. Sections 154, 302, 303, and 307, potential for interference to radio unless otherwise noted. as defined in § 2.909, makes services by improving our ability to measurements or takes other necessary 2. Section 2.805 is revised to read as ensure that personal computers comply steps to ensure that the equipment follows: with our standards. complies with the appropriate technical 2. Summary of the issues raised by the § 2.805 Equipment that does not require standards. Submittal of a sample unit or public comments in response to the Commission approval. representative data to the Commission Initial Regulatory Flexibility Analysis: In the case of a radio frequency device demonstrating compliance is not No commenting parties raised issues that, in accordance with the rules in this required unless specifically requested specifically in response to the initial chapter, does not have to have a grant pursuant to § 2.1076. regulatory flexibility analysis. of equipment authorization issued by (b) The Declaration of Conformity 3. Significant alternatives considered: the Commission, e.g., a device subject to attaches to all items subsequently None. verification or a Declaration of marketed by the responsible party which are identical, as defined in List of Subjects Conformity, but, nevertheless, must comply with specified technical § 2.908, to the sample tested and found 47 CFR Part 0 standards prior to use, no person shall acceptable by the responsible party. sell or lease, or offer for sale or lease 5. Section 2.909 is amended by Organization and functions revising the introductory text and by (Government agencies). (including advertising for sale or lease), or import, ship or distribute for the adding a new paragraph (c) to read as 47 CFR Part 2 purposes of selling or leasing or offering follows: Imports, Radio, Reporting and for sale or lease, any such radio § 2.909 Responsible party. recordkeeping requirements. frequency device unless, prior thereto, such device complies with the The following parties are responsible 47 CFR Part 15 applicable administrative and technical for the compliance of radio frequency provisions (including verification or equipment with the applicable Computer technology, Reporting and standards: recordkeeping requirements. Declaration of Conformity of the equipment, where required) specified in * * * * * Federal Communications Commission. the Commission’s rules. (c) In the case of equipment subject to LaVera F. Marshall, 3. Section 2.901 is revised to read as authorization under the Declaration of Acting Secretary. follows: Conformity procedure: Rule Changes (1) The manufacturer or, if the § 2.901 Basis and purpose. equipment is assembled from individual Title 47 of the Code of Federal (a) In order to carry out its component parts and the resulting Regulations, Parts 0, 2 and 15 are responsibilities under the system is subject to authorization under amended as follows: Communications Act and the various a Declaration of Conformity, the treaties and international regulations, assembler. PART 0ÐCOMMISSION and in order to promote efficient use of (2) If the equipment, by itself, is ORGANIZATION the radio spectrum, the Commission has subject to a Declaration of Conformity 1. The authority citation for Part 0 developed technical standards for radio and that equipment is imported, the continues to read as follows: frequency equipment and parts or importer. components thereof. The technical 6. Section 2.913 is revised to read as Authority: Secs. 5, 48 Stat. 1068, as standards applicable to individual types follows: amended; 47 U.S.C. 155. of equipment are found in that part of 2. Section 0.241 is amended by the rules governing the service wherein § 2.913 Submittal of equipment adding a new paragraph (g) to read as the equipment is to be operated. In authorization application or information to follows: addition to the technical standards the Commission. provided, the rules governing the (a) Unless otherwise directed, § 0.241 Authority delegated. service may require that such applications with fees attached for the * * * * * equipment be verified by the equipment authorization, pursuant to (g) The Chief of the Office of manufacturer or importer, be authorized § 1.1103 of this chapter, must be Engineering and Technology is under a Declaration of Conformity, or submitted to the Federal authorized to enter into agreements with receive an equipment authorization Communications Commission, the National Institute of Standards and from the Commission by one of the Equipment Approval Services, P.O. Box Technology and other accreditation following procedures: type approval, 358315, Pittsburgh, PA 15251–5315. If bodies to perform accreditation of test type acceptance, certification, the applicant chooses to make use of an laboratories pursuant to § 2.948(d) of registration or notification. air courier/package delivery service, the this chapter. In addition, the Chief is (b) The following sections describe following address must appear on the authorized to make determinations the verification procedure, the outside of the package/envelope: 31046 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

Federal Communications Commission, equipment subject to the provisions of retained by the testing party shall c/o Mellon Bank, Three Mellon Bank this chapter, shall provide test sample(s) comply with the requirements Center, 525 William Penn Way, 27th or data upon request by the established by the accrediting floor, Room 153–2713, Pittsburgh, Commission. Failure to comply with organization. Pennsylvania 15259–0001, attention: such a request with the time frames Note to paragraph (d): Parties that are Wholesale Lockbox Supervisor. shown below may be cause for located outside of the United States or its (b) Any information or equipment forfeiture, pursuant to § 1.80 of this possessions will be accredited only if there samples requested by the Commission chapter, or other administrative is a mutual recognition agreement between pursuant to the provisions of subpart J sanctions such as suspending action on that country and the United States that of this part shall, unless otherwise any applications for equipment permits similar accreditation of U.S. facilities directed, be submitted to the FCC, authorization submitted by such party to perform testing for products marketed in Equipment Authorization Division, while the matter is being resolved. that country. 7434 Oakland Mills Road, Columbia, (1) When the equipment is subject to 12. A new centered heading is added Maryland 21046. authorization under a Declaration of following Section 2.1065, to read as 7. The centered heading preceding Conformity, data shall be provided follows: § 2.927 is revised to read as follows: within 14 days of delivery of the request and test sample(s) shall be provided Declaration of Conformity Conditions Attendant to an Equipment within 60 days of delivery of the 13. A new § 2.1071 is added following Authorization request. the centered heading to read as follows: 8. Section 2.937 is revised to read as (2) For all other devices, test follows: sample(s) or data shall be provided Declaration of Conformity within 60 days of the request. § 2.1071 Cross reference. § 2.937 Equipment defect and/or design (b) In the case of equipment involving change. The general provisions of this subpart, harmful interference or safety of life or shall apply to equipment subject to a When a complaint is filed with the property, the Commission may specify Declaration of Conformity. Commission concerning the failure of that test samples subject to the equipment subject to this chapter to 14. A new § 2.1072 is added to read provisions of this section be submitted as follows: comply with pertinent requirements of within less than 60 days, but not less the Commission’s rules, and the than 14 days. Failure to comply within § 2.1072 Limitation on Declaration of Commission determines that the the specified time period will be subject Conformity. complaint is justified and arises out of to the sanctions specified in paragraph (a) The Declaration of Conformity an equipment fault attributable to the (a) of this section. signifies that the responsible party, as responsible party, the Commission may * * * * * defined in § 2.909, has determined that require the responsible party to 11. Section 2.948 is amended by the equipment has been shown to investigate such complaint and report adding new paragraphs (a)(3) and (d) to comply with the applicable technical the results of such investigation to the read as follows: standards if no unauthorized change is Commission. The report shall also made in the equipment and if the indicate what action if any has been § 2.948 Description of measurement equipment is properly maintained and facilities. taken or is proposed to be taken by the operated. Compliance with these responsible party to correct the defect, (a) * * * standards shall not be construed to be (3) If the equipment is to be both in terms of future production and a finding by the responsible party with authorized under a Declaration of with reference to articles in the respect to matters not encompassed by Conformity, the description of the possession of users, sellers and the Commission’s rules. measurement facilities shall be retained distributors. (b) A Declaration of Conformity by the 9. Section 2.945 is revised to read as by the party performing the responsible party is effective until a follows: measurements. termination date is otherwise § 2.945 Sampling tests of equipment * * * * * established by the Commission. compliance. (d) If the equipment is to be (c) No person shall, in any advertising authorized under a Declaration of The Commission will, from time to matter, brochure, etc., use or make Conformity, the party performing the time, request the responsible party to reference to a Declaration of Conformity measurements shall be accredited for submit equipment subject to this in a deceptive or misleading manner or performing such measurements by an chapter to determine the extent to convey the impression that such a authorized accreditation body based on which subsequent production of such Declaration of Conformity reflects more the International Organization for equipment continues to comply with than a determination by the responsible Standardization/International the data filed by the applicant (or on file party that the device or product has Electrotechnical Commission (ISO/IEC) with the responsible party for been shown to be capable of complying Guide 25, ‘‘General Requirements for equipment subject to notification or a with the applicable technical standards the Competence of Calibration and Declaration of Conformity). Shipping of the Commission’s rules. Testing Laboratories.’’ Accreditation costs to the Commission’s laboratory 15. A new § 2.1073 is added to read bodies must be approved by the FCC’s and return shall be borne by the as follows: Office of Engineering and Technology, responsible party. § 2.1073 Responsibilities. 10. Section 2.946 is amended by as indicated in § 0.241 of this chapter, revising paragraphs (a) and (b) to read to perform such accreditation based on (a) The responsible party, as defined as follows: ISO/IEC 58, ‘‘Calibration and Testing in § 2.909, must warrant that each unit Laboratory Accreditation Systems— of equipment marketed under a § 2.946 Penalty for failure to provide test General Requirements for Operation and Declaration of Conformity is identical to samples and data. Recognition.’’ The frequency for the unit tested and found acceptable (a) Any responsible party, as defined revalidation of the test site and the with the standards and that the records in § 2.909, or any party who markets information required to be filed or maintained by the responsible party Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31047 continue to reflect the equipment being responsible party, as shown in § 2.909, themselves, are subject to authorization produced under the Declaration of shall maintain the following records: under a Declaration of Conformity and/ Conformity within the variation that can (1) A record of the original design or a grant of certification, and the be expected due to quantity production drawings and specifications and all assembled product is also subject to and testing on a statistical basis. changes that have been made that may authorization under a Declaration of (b) The responsible party, if different affect compliance with the requirements Conformity but, in accordance with the from the manufacturer, may upon of § 2.1073. applicable regulations, does not require receiving a written statement from the (2) A record of the procedures used additional testing, the assembler shall manufacturer that the equipment for production inspection and testing (if maintain the following records in order complies with the appropriate technical tests were performed) to insure the to show the basis on which compliance standards rely on the manufacturer or conformance required by § 2.1073. with the standards was determined: independent testing agency to (Statistical production line emission (1) A listing of all of the components determine compliance. However, the testing is not required.) used in the assembly; test records required by § 2.1075 shall (3) A record of the measurements (2) Copies of the compliance be in the English language and shall be made on an appropriate test site that information, as described in § 2.1077 for made available to the Commission upon demonstrates compliance with the all of the modular components used in a reasonable request in accordance with applicable regulations. The record shall the assembly; the provisions of § 2.1076. contain: (3) A listing of the FCC Identifier (c) In the case of transfer of control of (i) The actual date or dates testing was numbers for all of the components used the equipment, as in the case of sale or performed; in the assembly that are authorized merger of the responsible party, the new (ii) The name of the test laboratory, under a grant of certification; responsible party shall bear the company, or individual performing the (4) A listing of equipment responsibility of continued compliance testing. The Commission may request modifications, if any, that were made of the equipment. additional information regarding the test during assembly; and (d) Equipment shall be retested to site, the test equipment or the (5) A copy of any instructions demonstrate continued compliance with qualifications of the company or included with the components that were the applicable technical standards if any individual performing the tests; required to be followed to ensure the modifications or changes that could (iii) A description of how the device assembly of a compliant product, along adversely affect the emanation was actually tested, identifying the with a statement, signed by the characteristics of the equipment are measurement procedure and test assembler, that these instructions were made by the responsible party. The equipment that was used; followed during assembly. This responsible party bears responsibility (iv) A description of the equipment statement shall also contain the name for the continued compliance of under test (EUT) and support equipment and signature of an official of the subsequently produced equipment. connected to, or installed within, the responsible party, as designated in (e) If any modifications or changes are EUT; § 2.909. made by anyone other than the (v) The identification of the EUT and (c) The records listed in paragraphs responsible party for the Declaration of support equipment by trade name and (a) and (b) of this section shall be Conformity, the party making the model number and, if appropriate, by retained for two years after the modifications or changes, if located FCC Identifier and serial number; manufacture or assembly, as within the U.S., becomes the new (vi) The types and lengths of appropriate, of said equipment has been responsible party. The new responsible connecting cables used and how they permanently discontinued, or until the party must comply with all provisions were arranged or moved during testing; conclusion of an investigation or a for the Declaration of Conformity, (vii) At least two photographs proceeding if the responsible party is including having test data on file showing the test set-up for the highest officially notified that an investigation demonstrating that the product line conducted emission and showing or any other administrative proceeding continues to comply with all of the the test set-up for the highest radiated involving the equipment has been applicable technical standards. emission. These photographs must be instituted. Requests for the records 16. A new § 2.1074 is added to read focused originals which show enough described in this section and for sample as follows: detail to confirm other information units also are covered under the contained in the test report; provisions of § 2.946. § 2.1074 Identification. (viii) A description of any 18. A new § 2.1076 is added to read Devices subject only to a Declaration modifications made to the EUT by the as follows: of Conformity shall be uniquely testing company or individual to identified by the responsible party. This achieve compliance with the § 2.1076 FCC inspection and submission identification shall not be of a format regulations; of equipment for testing. which could be confused with the FCC (ix) All of the data required to show (a) Each responsible party, upon Identifier required on certified, notified, compliance with the appropriate receipt of a reasonable request, shall type accepted or type approved regulations; submit to the Commission the records equipment. The responsible party shall (x) The signature of the individual required by § 2.1075 or one or more maintain adequate identification records responsible for testing the product along sample units for measurements at the to facilitate positive identification for with the name and signature of an Commission’s laboratory. each device. official of the responsible party, as (b) Shipping costs to the 17. A new § 2.1075 is added to read designated in § 2.909; and Commission’s Laboratory and return as follows: (xi) A copy of the compliance shall be borne by the responsible party. information, as described in § 2.1077, In the event the responsible party § 2.1075 Retention of records. required to be provided with the believes that shipment of the sample to (a) Except as shown in paragraph (b) equipment. the Commission’s Laboratory is of this section, for each product subject (b) If the equipment is assembled impractical because of the size or weight to a Declaration of Conformity, the using modular components that, by of the equipment, or the power 31048 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations requirement, or for any other reason, the product from modular components, as connect to an external keyboard or other responsible party may submit a written defined in § 2.909. The responsible components. explanation why such shipment is party for a Declaration of Conformity * * * * * impractical and should not be required. must be located within the United (bb) CPU board. A circuit board that 19. A new § 2.1077 is added to read States. contains a microprocessor, or frequency as follows: (4) Copies of the compliance determining circuitry for the § 2.1077 Compliance information. information statements for each microprocessor, the primary function of (a) If a product must be tested and modular component used in the system which is to execute user-provided authorized under a Declaration of that is authorized under a Declaration of programming, but not including: Conformity, a compliance information Conformity. (1) A circuit board that contains only statement shall be supplied with the (c) The compliance information a microprocessor intended to operate product at the time of marketing or statement shall be included in the user’s under the primary control or instruction importation, containing the following manual or as a separate sheet. of a microprocessor external to such a information: circuit board; or (1) Identification of the product, e.g., PART 15ÐRADO FREQUENCY (2) A circuit board that is a dedicated name and model number; DEVICES controller for a storage or input/output (2) A statement, similar to that device. contained in § 15.19(a)(3) of this 1. The authority citation for part 15 3. Section 15.19 is amended by chapter, that the product complies with continues to read as follows: redesignating paragraph (b) as paragraph part 15 of this chapters; and Authority: Sec. 4, 302, 303, 304, and 307 (a)(4), by redesignating paragraph (c) as (3) The identification, by name, of the Communications Act of 1934, as paragraph (a)(5), by revising paragraphs address and telephone number, of the amended, 47 U.S.C. Sections 154, 302, 303, (a)(4) and (a)(5), and by adding new responsible party, as defined in § 2.909. 304, and 307. paragraphs (b) and (c) to read as follows: The responsible party for a Declaration § 15.19 Labelling requirements. of Conformity must be located within 2. Section 15.3 is amended by revising the United States. paragraph (r) and adding a new (a) * * * (b) If a product is assembled from paragraph (bb) to read as follows: (4) Where a device is constructed in two or more sections connected by modular components that, by § 15.3 Definitions. themselves, are authorized under a wires and marketed together, the * * * * * Declaration of Conformity and/or a grant statement specified under paragraph (a) of certification, and the assembled (r) Peripheral device. An input/output of this section is required to be affixed product is also subject to authorization unit of a system that feeds data into only to the main control unit. under a Declaration of Conformity but, and/or receives data from the central (5) When the device is so small or for in accordance with the applicable processing unit of a digital device. such use that it is not practicable to regulations, does not require additional Peripherals to a digital device include place the statement specified under testing, the product shall be supplied, at any device that is connected external to paragraph (a) of this section on it, the the time of marketing or importation, the digital device, any device internal to information required by this paragraph with a compliance information the digital device that connects the shall be placed in a prominent location statement containing the following digital device to an external device by in the instruction manual or pamphlet information: wire or cable, and any circuit board supplied to the user or, alternatively, (1) Identification of the modular designed for interchangeable mounting, shall be placed on the container in components used in the assembly. A internally or externally, that increases which the device is marketed. However, modular component authorized under a the operating or processing speed of a the FCC identifier or the unique Declaration of Conformity shall be digital device, e.g., ‘‘turbo’’ cards and identifier, as appropriate, must be identified as specified in paragraph ‘‘enhancement’’ boards. Examples of displayed on the device. (a)(1) of this section. A modular peripheral devices include terminals, (b) Products subject to authorization component authorized under a grant of printers, external floppy disk drives and under a Declaration of Conformity shall certification shall be identified by name other data storage devices, video be labelled as follows: and model number (if applicable) along monitors, keyboards, interface boards, (1) The label shall be located in a with the FCC Identifier number. external memory expansion cards, and conspicuous location on the device and (2) A statement that the product other input/output devices that may or shall contain the unique identification complies with part 15 of this chapter. may not contain digital circuitry. This described in Section 2.1074 of this (3) The identification, by name, definition does not include CPU boards, chapter and the following logo: address and telephone number, of the as defined in paragraph (bb) of this (i) If the product is authorized based responsible party who assembled the section, even though a CPU board may on testing of the product or system; or Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31049

(ii) If the product is authorized based on assembly using separately authorized components and the resulting product is not separately tested.

(2) When the device is so small or for § 15.32 Test procedures for CPU boards conditions, the system under test shall such use that it is not practicable to and computer power supplies. not exceed the radiated emission limits place the statement specified under Power supplies and CPU boards used specified in § 15.10; and paragraph (b)(1) of this section on it, with personal computers and for which (3) The test demonstrating compliance such as for a CPU board or a plug-in separate authorizations are required to with the AC power line conducted circuit board peripheral device, the text be obtained shall be tested as follows: limits specified in § 15.107 shall be associated with the logo may be placed (a) CPU boards shall be tested as performed in accordance with the in a prominent location in the follows: procedures specified in § 15.31 using a instruction manual or pamphlet (1) Testing for radiated emissions enclosure, peripherals, power supply supplied to the user. However, the shall be performed with the CPU board and subassemblies that are typical of the unique identification (trade name and installed in a typical enclosure but with type with which the CPU board under model number) and the logo must be the enclosure’s cover removed so that test would normally be employed. displayed on the device. the internal circuitry is exposed at the (b) The power supply shall be tested top and on at least two sides. Additional installed in an enclosure that is typical (3) The label shall not be a stick-on, components, including a power supply, of the type within which it would paper label. The label on these products peripheral devices, and subassemblies, normally be installed. Additional shall be permanently affixed to the shall be added, as needed, to result in components, including peripheral product and shall be readily visible to a complete personal computer system. If devices, a CPU board, and the purchaser at the time of purchase, as the oscillator and the microprocessor subassemblies, shall be added, as described in § 2.925(d) of this chapter. circuits are contained on separate needed, to result in a complete personal ‘‘Permanently affixed’’ means that the circuit boards, both boards, typical of computer system. Testing shall be in label is etched, engraved, stamped, the combination that would normally be accordance with the procedures silkscreened, indelibly printed, or employed, must be used in the test. specified in § 15.31 and must otherwise permanently marked on a Testing shall be in accordance with the demonstrate compliance with all of the permanently attached part of the procedures specified in § 15.31 of this standards contained in this part. equipment or on a nameplate of metal, part. Under these test conditions, the 5. Section 15.37 is amended by plastic, or other material fastened to the system under test shall not exceed the adding a new paragraph (g) to read as equipment by welding, riveting, or a radiated emission limits specified in follows: permanent adhesive. The label must be § 15.109 by more than 3 dB; designed to last the expected lifetime of (2) Unless the test in paragraph (a)(1) § 15.37 Transition provisions for the equipment in the environment in of this section demonstrates compliance compliance with the rules. which the equipment may be operated with the limits in § 15.109, a second test * * * * * and must not be readily detachable. shall be performed using the same (g) For CPU boards and power (c) [Reserved] configuration described in paragraph supplies designed to be used with (a)(1) but with the cover installed on the personal computers: The manufacture * * * * * enclosure. Testing shall be in and importation of these products shall 4. A new § 15.32 is added to read as accordance with the procedures cease on or before June 19, 1997 unless follows: specified in § 15.31. Under these test these products have been authorized 31050 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations under a Declaration of Conformity or a (2) The personal computer is device, except for: power supplies used grant of certification, demonstrating authorized under a Declaration of in personal computers; devices included compliance with all of the provisions in Conformity or a grant of certification, under the definition of a peripheral this part. Limited provisions, as detailed and the CPU board or power supply in device in § 15.3(r); and personal in § 15.101(d), are provided to permit that computer is replaced with a CPU computer CPU boards, as defined in the importation and manufacture of board or power supply that has been § 15.3(bb); these products subsequent to this date separately authorized under a (2) CPU boards, as defined in where the CPU boards and/or power Declaration of Conformity or a grant of § 15.3(bb), other than those used in supplies are marketed only to personal certification; or personal computers, that are marketed computer equipment manufacturers. (3) The CPU board and power supply without an enclosure or power supply; 6. Section 15.101 is amended by used in the assembly of a personal and computer have been separately revising the table in paragraph (a) and (3) Switching power supplies that are authorized under a Declaration of revising paragraphs (c), (d), (e), and (f) separately marketed and are solely for Conformity or a grant of certification; to read as follows: use internal to a device other than a and personal computer. § 15.101 Equipment authorization of (4) Personal computers assembled unintentional radiators. using either of the methods specified in (f) The procedures for obtaining a paragraphs (c)(2) or (c)(3) of this section grant of certification or notification and (a) * * * must, by themselves, also be authorized for verification and a Declaration of Conformity are contained in subpart J of Equipment authoriza- under a Declaration of Conformity if Type of device tion required they are marketed. However, additional part 2 of this chapter. testing is not required for this 7. A new § 15.102 is added to read as TV broadcast receiver Verification. Declaration of Conformity, provided the follows: FM broadcast re- Verification. procedures in § 15.102(b) are followed. ceiver. (d) Peripheral devices, as defined in § 15.102 CPU boards and power supplies CB receiver ...... Certification. § 15.3(r), shall be authorized under a used in personal computers. Superregenerative re- Certification. Declaration of Conformity, or a grant of (a) Authorized CPU boards and power ceiver. certification, or verified, as appropriate, supplies that are sold as separate Scanning receiver ..... Certification. All other receivers Notification. prior to marketing. Regardless of the components shall be supplied with subject to Part 15. provisions of paragraphs (a) or (c) of this complete installation instructions. TV interface device ... Certification. section, if a CPU board, power supply, These instructions shall specify all of Cable system termi- Notification. or peripheral device will always be the installation procedures that must be nal device. marketed with a specific personal followed to ensure compliance with the Stand-alone cable Verification. computer, it is not necessary to obtain standards, including, if necessary, the input selector a separate authorization for that product type of enclosure, e.g., a metal switch. provided the specific combination of enclosure, proper grounding techniques, Class B personal Declaration of Con- personal computer, peripheral device, the use of shielded cables, the addition computers and pe- formity or Certifi- ripherals. cation. CPU board and power supply has been of any needed components, and any CPU boards and Declaration of Con- authorized under a Declaration of necessary modifications to additional power supplies formity or Certifi- Conformity or a grant of certification as components. used with Class B cation. a personal computer. (1) Any additional parts needed to personal computers. (1) No authorization is required for a ensure compliance with the standards, Class B personal Declaration of Con- peripheral device or a subassembly that except for the enclosure, are considered computers assem- formity. is sold to an equipment manufacturer to be special accessories and, in bled using author- for further fabrication; that ized CPU boards or accordance with § 15.27, must be manufacturer is responsible for marketed with the CPU board or power power supplies. obtaining the necessary authorization Class B external Verification. supply. switching power prior to further marketing to a vendor or (2) Any modifications that must be supplies not used to a user. made to a personal computer, peripheral (2) Power supplies and CPU boards with personal com- device, CPU board or power supply that have not been separately authorized puters. during installation of a CPU board or Other Class B digital Verification. and are designed for use with personal power supply must be simple enough devices & peripher- computers may be imported and that they can be performed by the als. marketed only to a personal computer average consumer. Parts requiring Class A digital de- Verification. equipment manufacturer that has soldering, disassembly of circuitry or vices, peripherals & indicated, in writing, to the seller or external switching other similar modifications are not importer that they will obtain a power supplies. permitted. All other devices ...... Verification. Declaration of Conformity or a grant of certification for the personal computer (b) Assemblers of personal computer systems employing modular CPU boards * * * * * employing these components. (e) Subassemblies to digital devices and/or power supplies are not required (c) Personal computers shall be are not subject to the technical to test the resulting system provided the authorized in accordance with one of standards in this part unless they are following conditions are met: the following methods: marketed as part of a system in which (1) Each device used in the system has (1) The specific combination of CPU case the resulting system must comply been authorized as required under this board, power supply and enclosure is with the applicable regulations. part (according to § 15.101(e), some tested together and authorized under a Subassemblies include: subassemblies used in a personal Declaration of Conformity or a grant of (1) Devices that are enclosed solely computer system may not require an certification; within the enclosure housing the digital authorization); Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31051

(2) The original label and Washington, D.C. The complete text service by increasing the signal strength identification on each piece of may be purchased from the in dead spots. equipment remain unchanged; Commission’s copy contractor, ITS, Inc., * * * * * (3) Each responsible party’s 2100 M St. N.W., Washington, D.C. instructions to ensure compliance 20037, telephone (202) 857–3800. 3. Section 22.377 is amended by (including, if necessary, the use of revising the first sentence of the SUMMARY OF REPORT AND ORDER: The introductory text to read as follows: shielded cables or other accessories or Commission adopted a Notice of modifications) are followed when the Proposed Rule Making, 60 FR 33782, § 22.377 Type-acceptance of transmitters. system is assembled; June 29, 1995, proposing to expand the Except as provided in paragraph (b) of (4) If the system is marketed, the use of signal boosters under Parts 22 this section, transmitters used in the resulting equipment combination is and 90 and allow signal booster use Public Mobile Services, including those authorized under a Declaration of under Part 94 (now Part 101) for used with signal boosters, in-building Conformity pursuant to § 15.101(c)(4) multiple address systems (MAS) radiation systems and cellular repeaters, and a compliance information operations. This Report and Order must be type-accepted for use in the statement, as described in § 2.1077(b), is permits licensees to use signal boosters radio services regulated under this part. supplied with the system. Marketed on Part 22 paging frequencies at 931– *** systems shall also comply with the 932 MHz and the VHF one-way public labelling requirements in § 15.19 and paging channels, on Part 90 private land * * * * * must be supplied with the information mobile frequencies above 150 MHz, and 4. A new § 22.527 is added to read as required under §§ 15.21, 15.27 and on Part 101 MAS frequencies at 928–960 follows: 15.105; and MHz. It establishes a 5 watt effective (5) The assembler of a personal radiated power limit, and allows § 22.527 Signal boosters. computer system may be required to test licensees to use signal boosters to the system and/or make necessary Licensees may install and operate provide fill-in signal coverage without a modifications if a system is found to signal boosters on channels listed in separate authorization. This rule cause harmful interference or to be § 22.531 only in accordance with the amendment allows licensees to improve noncompliant with the appropriate provisions of § 22.165 governing radio system efficiency at less cost and standards in the configuration in which additional transmitters for existing without imposing an additional it is marketed (see §§ 2.909, 15.1, systems. Licensees must not allow any licensing burden on either the licensee 15.27(d) and 15.101(e)). signal booster that they operate to cause or the Commission. interference to the service or operation [FR Doc. 96–14319 Filed 6–18–96; 8:45 am] List of Subjects of any other authorized stations or BILLING CODE 6712±01±P systems. 47 CFR Part 22 5. Section 22.535 is amended by 47 CFR Parts 22, 90, and 101 Communications equipment, Radio. revising the introductory text and by 47 CFR Part 90 adding a new paragraph (f) to read as [WT Docket No. 95±70; FCC 96±223] follows: Communications equipment, Radio. Routine Use of Signal Boosters § 22.535 Effective radiated power limits. 47 CFR Part 101 AGENCY: Federal Communications The effective radiated power (ERP) of Commission. Communications equipment, Radio. transmitters operating on the channels ACTION: Final rule. Federal Communications Commission. listed in § 22.531 must not exceed the William F. Caton, limits in this section. SUMMARY: The Commission has released Acting Secretary. a Report and Order that permits * * * * * expanded use of signal boosters by Final Rules (f) Signal boosters. The effective radiated power of signal boosters must licensees without separate authorization Parts 22, 90, and 101 of Chapter I of not exceed 5 watts ERP under any from the Commission. The rule Title 47 of the Code of Federal normal operating condition. amendment is necessary to enable Regulations are amended as follows: licensees to use signal boosters without 6. Section 22.537 is amended by obtaining a waiver of the rules. The PART 22ÐPUBLIC MOBILE SERVICES adding a new paragraph (h) to read as effect of this action is to reduce the follows: workload burden on both the applicant 1. The authority citation for Part 22 and the Commission. continues to read as follows: § 22.537 Technical channel assignment EFFECTIVE DATE: July 19, 1996. Authority: 47 U.S.C. 154, 303, unless criteria. FOR FURTHER INFORMATION CONTACT: otherwise noted. * * * * * Eugene Thomson, Private Wireless 2. Section 22.99 is amended by (h) Signal boosters on 931 MHz Division, Wireless Telecommunications adding the definition for ‘‘Signal channels. For the purpose of Bureau, (202) 418–0680. booster’’ in alphabetical order to read as compliance with § 22.165 and SUPPLEMENTARY INFORMATION: This is a follows: notwithstanding paragraphs (e) and (f) summary of the Commission’s Report of this section, signal boosters operating and Order, WT Docket No. 95–70, FCC § 22.99 Definitions. on the 931 MHz channels with an 96–223, adopted May 16, 1996, and * * * * * antenna HAAT not exceeding 30 meters released June 5, 1996. The full text of Signal booster. A stationary device (98 feet) are deemed to have as a service this Report and Order is available for that automatically reradiates signals contour a circle with a radius of 1.0 inspection and copying during normal from base transmitters without channel kilometer (0.6 mile) and as an business hours in the FCC Reference translation, for the purpose of interfering contour a circle with a radius Center, Room 246, 1919 M Street N.W., improving the reliability of existing of 10 kilometers (6.2 miles). 31052 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

PART 90ÐPRIVATE LAND MOBILE 10. A new § 90.219 is added to booster’’ in alphabetical order to read as RADIO SERVICES subpart I to read as follows: follows: 7. The authority citation for Part 90 § 90.219 Use of signal boosters. § 101.3 Definitions. continues to read as follows: Licensees authorized to operate radio * * * * * Authority: Sections 4, 303, and 332, 48 systems in the frequency bands above Signal booster. A device at a fixed Stat. 1066, 1082, as amended: 47 U.S.C.154, 150 MHz may employ signal boosters at location which automatically receives, 303, and 332, unless otherwise noted. fixed locations in accordance with the amplifies, and retransmits on a one-way 8. Section 90.7 is amended by revising following criteria: or two-way basis, the signals received the definition for ‘‘signal booster’’ to (a) The amplified signal is from base, fixed, mobile, and portable read as follows: retransmitted only on the exact stations, with no change in frequency or frequency(ies) of the originating base, authorized bandwidth. A signal booster § 90.7 Definitions. fixed, mobile, or portable station(s). The may be either narrowband (Class A), in * * * * * booster will fill in only weak signal which case the booster amplifies only Signal booster. A device at a fixed areas and cannot extend the system’s those discrete frequencies intended to location which automatically receives, normal signal coverage area. be retransmitted, or broadband (Class amplifies, and retransmits on a one-way (b) Class A narrowband signal B), in which case all signals within the or two-way basis, the signals received boosters must be equipped with passband of the signal booster filter are from base, fixed, mobile, and portable automatic gain control circuitry which amplified. stations, with no change in frequency or will limit the total effective radiated * * * * * authorized bandwidth. A signal booster power (ERP) of the unit to a maximum 13. Section 101.151 is added to may be either narrowband (Class A), in of 5 watts under all conditions. Class B Subpart C to read as follows: which case the booster amplifies only broadband signal boosters are limited to those discrete frequencies intended to 5 watts ERP for each authorized § 101.151 Use of signal boosters. be retransmitted, or broadband (Class frequency that the booster is designed to Private operational-fixed licensees B), in which case all signals within the amplify. authorized to operate multiple address passband of the signal booster filter are (c) Class A narrowband boosters must systems in the 928–929/952–960 MHz amplified. meet the out-of-band emission limits of and 932–932.5/941–941.5 MHz bands * * * * * § 90.209 for each narrowband channel may employ signal boosters at fixed 9. Section 90.75(c)(25) is amended by that the booster is designed to amplify. locations in accordance with the revising the introductory paragraph and Class B broadband signal boosters must following criteria: meet the emission limits of § 90.209 for paragraphs (c)(25) (i) through (iii), (a) The amplified signal is frequencies outside of the booster’s removing paragraphs (c)(25) (iv), (v), retransmitted only on the exact (vi), and (vii), and redesignating design passband. (d) Class B broadband signal boosters frequency(ies) of the originating base, paragraph (c)(25)(viii) as (c)(25)(iv), to fixed, mobile, or portable station(s). The read as follows: are permitted to be used only in confined or indoor areas such as booster will fill in only weak signal § 90.75 Business Radio Service. buildings, tunnels, underground areas, areas and cannot extend the system’s * * * * * etc., or in remote areas, i.e., areas where normal signal coverage area. (c) * * * there is little or no risk of interference (b) Class A narrowband signal (25) This frequency is available for to other users. boosters must be equipped with assignment as follows: (e) The licensee is given authority to automatic gain control circuitry which (i) To persons furnishing commercial operate signal boosters without separate will limit the total effective radiated air transportation service or, pursuant to authorization from the Commission. power (ERP) of the unit to a maximum § 90.179, to an entity furnishing radio Type-accepted equipment must be of 5 watts under all conditions. Class B communications service to persons so employed and the licensee must ensure broadband signal boosters are limited to engaged, for stations located on or near that all applicable rule requirements are 5 watts ERP for each authorized the airports listed in paragraph met. frequency that the booster is designed to (c)(25)(iv) of this section. Stations will (f) Licensees employing either Class A amplify. be authorized on a primary basis and narrowband or Class B broadband signal (c) Class A narrowband boosters must may be used only in connection with boosters as defined in § 90.7 are meet the out-of-band emission limits of the servicing and supplying of aircraft. responsible for correcting any harmful § 101.111 for each narrowband channel (ii) To stations in the Business Radio interference that the equipment may that the booster is designed to amplify. Service for secondary use at locations 80 cause to other systems. Normal co- Class B broadband signal boosters must km (50 mi) or more from the coordinates channel transmissions will not be meet the emission limits of § 101.111 for of the listed airports at a maximum ERP considered as harmful interference. frequencies outside of the booster’s of 300 watts. Licensees will be required to resolve design passband. (iii) To stations in the Business Radio interference problems pursuant to (d) Class B broadband signal boosters Service for secondary use at locations 16 § 90.173(b). are permitted to be used only in km (10 mi) or more from the coordinates confined or indoor areas such as of the listed airports at a maximum PART 101ÐFIXED MICROWAVE buildings, tunnels, underground areas, transmitter output power of 2 watts. Use SERVICES etc., or remote areas, i.e., areas where of the frequency is restricted to the there is little or no risk of interference 11. The authority citation for Part 101 confines of an industrial complex or to other users. continues to read as follows: manufacturing yard area. Stations (e) The licensee is given authority to licensed prior to April 17, 1986 may Authority: ′47 U.S.C. 154, 303, unless operate signal boosters without separate continue to operate with facilities otherwise noted. authorization from the Commission. authorized as of that date. 12. Section 101.3 is amended by Type-accepted equipment must be * * * * * adding the definition for ‘‘signal employed and the licensee must ensure Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31053 that all applicable rule requirements are the Department of the Interior Notification; Section 1452.233–2 met. Acquisition Regulation. Service of Protest; Section 1452.236–70 (f) Licensees employing either Class A This final rule is not expected to have Prohibition Against Use of Lead-based narrowband or Class B broadband signal a significant economic impact on a Paint; Section 1452.237–70 Information boosters as defined in § 101.3 are substantial number of small entities Collection. within the meaning of the Regulatory responsible for correcting any harmful [FR Doc. 96–15327 Filed 6–18–96; 8:45 am] interference that the equipment may Flexibility Act, 5 U.S.C. 601 et seq. An cause to other systems. Initial Regulatory Flexibility Analysis BILLING CODE 4310±RF±M has, therefore, not been performed. [FR Doc. 96–15266 Filed 6–18–96; 8:45 am] BILLING CODE 6712±01±P Required Determinations 48 CFR Part 1453 The Department believes that public RIN 1090±AA57 comment is unnecessary because the DEPARTMENT OF THE INTERIOR revised material implements standard Department of the Interior Acquisition Government operating procedures. Regulation Office of the Secretary Therefore, in accordance with 5 U.S.C. AGENCY: Office of the Secretary, Interior. 553(b)(B), the Department finds good ACTION: Final rule; removal. 48 CFR Parts 1452 cause to publish this document as a RIN 1090±AA56 final rule. This rule was not subject to SUMMARY: In the interests of Office of Management and Budget streamlining processes and improving Department of the Interior Acquisition review under Executive Order 12866. relationships with contractors, this final Regulation; Solicitation Provisions and This rule does not contain a collection rule amends the Department of the Contract Clauses of information subject to the Paperwork Interior Acquisition Regulation (DIAR) Reduction Act of 1980 (44 U.S.C. 3501 by removing 48 CFR 1453 in its entirety. AGENCY: Office of the Secretary, Interior. et seq). In accordance with the The material being removed deals with ACTION: Final rule. Regulatory Flexibility Act (5 U.S.C. 601 internal procedures that have minimal et seq), the Department determined that effect outside the agency. The sections SUMMARY: In the interests of this rule will not have a significant that are not obsolete will be retained as streamlining processes and improving economic impact on a substantial internal procedures in the Departmental relationships with contractors, the number of small entities because Manual. Department of the Interior (DOI) is minimal requirements are being added EFFECTIVE DATE: July 19, 1996. issuing this final rule which amends 48 for small businesses and no protections CFR Chapter 14 by revising and FOR FURTHER INFORMATION CONTACT: are being withdrawn. The Department Mary L. McGarvey at (202) 208–3158, updating the Department of the Interior has determined that this rule does not Acquisition Regulation (DIAR). Department of the Interior, Office of constitute a major Federal action having Acquisition and Property Management, EFFECTIVE DATE: July 19, 1996. a significant impact on the human 1849 C Street NW (MS5522 MIB), FOR FURTHER INFORMATION CONTACT: environment under the National Washington, DC 20240. Office of Ms. Mary L. McGarvey at (202) 208– Environmental Policy Act of 1969. The Acquisition and Property Management, 3158, Department of the Interior, Office Department has certified that this rule (202) 208–3158. meets the applicable standards provided of Acquisition and Property SUPPLEMENTARY INFORMATION: We in Sections 2(a) and 2(b) of Executive Management, 1849 C. Street N.W. conducted a thorough review of the Order 12778. (MS5522 MIB), Washington, D.C. 20240. DIAR under the auspices of the National SUPPLEMENTARY INFORMATION: List of Subjects in 48 CFR Parts 1452 Performance Review. The review revealed unnecessary and outdated Background Government procurement, Reporting and recordkeeping requirements. regulations, and some excessively Under the auspices of the National burdensome procedures. Dated: May 1, 1996. Performance Review, a thorough review In the interests of streamlining of the DIAR was conducted. The review Bonnie R. Cohen, processes and improving relationships revealed unnecessary and outdated Assistant Secretary—Policy, Management with contractors, nonessential portions regulations, and some excessively and Budget. of the DIAR are being removed from the burdensome procedures. Chapter 14 of Title 48 of the Code of CFR. Part 1453 Forms, deals with In the interests of streamlining Federal Regulations is amended as primarily internal procedures so processes and improving relationships follows: codification is not necessary and it is with contractors, essential portions of therefore eliminated in its entirety from the DIAR are being reinvented, retained PART 1452Ð[AMENDED] 48 CFR. and/or removed in 48 CFR, when The authority citation for 48 CFR Required Determinations appropriate. The review identified six parts 1452 continues to read as follows: Sections to be removed from 48 CFR. The Department believes that public Specifically, 1452.204–70 Release of Authority: Sec. 205(c), 63 Stat. 390; 40 comment is unnecessary because the U.S.C. 486(c), and 5 U.S.C. 301. Claims; 1452.210–70 Brand Name or material being removed is outdated or Equal; 1452.224–1 Privacy Act §§ 1452.204±70, 1452.210±70, 1452.224±1, deals exclusively with internal Notification; 1452.233–1 Service of 1452.233±2, 1452.236±70, 1452.237±70 procedures. Therefore, in accordance Protest; 1452.236–70 Prohibition [Removed] with 5 U.S.C. 553(b)(B), the Department Against Use of Lead-based Pain; The following Sections are removed finds good cause to publish this 1452.237–70 Information Collection. We from 48 CFR Chapter 14: Section document as a final rule. This rule was changed titles, rewrote language, and 1452.204–70 Release of Claims; Section not subject to Office of Management and eliminated redundant FAR material 1452.210–70 Brand Name or Equal; Budget review under Executive Order from the Sections and retained them in Section 1452.224–1 Privacy Act 12866. This rule does not contain a 31054 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations collection of information subject to the should be recognized as a species flowers) that are about 6 to 8 mm (0.2 Paperwork Reduction Act of 1995 (Pub. without infra-specific taxa. The studies to 0.3 in) long and 1.5 to 2 mm (0.06 to L. 104–13). In accordance with the concluded that the morphological 0.08 in) wide. The disk flowers are Regulatory Flexibility Act (5 U.S.C. 601 differences previously used to orange and about 3.5 to 3.8 mm (0.14 to et seq), the Department has determined distinguish the two varieties were 0.15 in) long. The seeds are 2-nerved that this rule will not have a significant ecotypic and not genetically based. The achenes (Cronquist 1947, 1994; Welsh economic impact on a substantial Service agreed with this taxonomic 1983a, 1983b; Welsh et al. 1987, 1993). number of small entities because no revision and on September 7, 1994 (59 Erigeron maguirei was described by requirements are being added for small FR 46219), published notice of its Cronquist (1947) from a specimen businesses and no protections are being acceptance of this change in taxonomic collected in 1940 from Calf Canyon in withdrawn. The Department has understanding. When the status of the the San Rafael Swell of Emery County, determined that this rule does not entire species is considered, a larger Utah. Erigeron maguirei var. harrisonii constitute a major Federal action having number of individuals is involved than was described by Welsh (1983a) from a a significant impact on the human had been previously considered to specimen he collected in 1982. environment under the National comprise var. maguirei. The Service, However, this variety was first Environmental Policy Act of 1969. The however, believes that E. maguirei’s discovered in 1936 at Hickman Natural benefit of removing this rule from 48 long-term survival is tenuous, since a Bridge in the Capitol Reef of Wayne CFR is the elimination of the printing significant portion of its habitat is County, Utah. Welsh postulated that the cost of reproducing this information in threatened by ongoing and potential morphological differences between E. 48 CFR annually. habitat alteration from mineral maguirei var. maguirei from San Rafael development, recreational activities, Swell and E. maguirei var. harrisonii List of Subjects in 48 CFR Part 1453 and livestock trampling. The species from Capitol Reef could represent Government procurement, Reporting exists in small, reproductively isolated ecotypic variation (Welsh 1983a, 1983b; and recordkeeping requirements. populations that are vulnerable to Welsh et al. 1987, 1993). Heil (1989) reported both varieties from Capitol Dated: April 30, 1996. inbreeding and the loss of genetic viability. Therefore, the Service finds Reef and concluded that E. maguirei var. Bonnie R. Cohen, that E. maguirei is a threatened species harrisonii is an ecotypic shade variant Assistant Secretary—Policy Management and as defined by the Act. of E. maguirei. The Service funded Budget. EFFECTIVE DATE: July 19, 1996. genetic studies as part of its recovery PART 1453Ð[REMOVED] ADDRESSES: The complete file for this activities for E. maguirei var. maguirei rule is available for public inspection, to determine the phylogenetic Under the authority found at Sec. by appointment, during normal business relationship of the two varieties. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); hours at the Utah Field Office, U. S. Through DNA analysis, Van Buren and 5 U.S.C. 301, Chapter 14 of Title 48 Fish and Wildlife Service, Lincoln (1993) documented that E. maguirei var. of the Code of Federal Regulations is Plaza, Suite 404, 145 East 1300 South, maguirei and E. maguirei var. harrisonii amended by removing Part 1453. Salt Lake City, Utah 84115. are not taxonomically distinct, and that recognition at the varietal level is not [FR Doc. 96–15326 Filed 6–18–96; 8:45 am] FOR FURTHER INFORMATION CONTACT: John genetically warranted. The Service BILLING CODE 4310±RF±M L. England, Botanist, at the above accepted Van Buren’s finding, and address (telephone: 801/524–5001; published a notice (59 FR 46219; facsimile: 801/524–5021). Fish and Wildlife Service September 7, 1994) of its recognition of SUPPLEMENTARY INFORMATION: E. maguirei as a species without infra- 50 CFR Part 17 Background specific taxa. In the recently published volume 5 of the Intermountain Flora, RIN 1018±AC71 The genus Erigeron (composite Cronquist et al. (1994) included E. family, Asteraceae) includes about 200 maguirei var. harrisonii in synonymy Endangered and Threatened Wildlife species (Cronquist 1947, 1994). Most and Plants; Reclassification of under E. maguirei. The taxonomic Erigeron species are found in the treatment in the Intermountain Flora Erigeron maguirei (Maguire daisy) Western Hemisphere, with the western From Endangered to Threatened further justifies the Service’s acceptance United States as the center of of the species without infra-specific AGENCY: Fish and Wildlife Service, distribution. Erigeron maguirei is a taxa. Interior. perennial, herbaceous plant with Recent status surveys of endangered, ACTION: Final rule. decumbent to sprawling or erect stems threatened, and other rare plants in the that are 7 to 18 centimeters (cm) (2.7 to San Rafael Swell (Kass 1990) and SUMMARY: The plant Erigeron maguirei 7.1 inches (in)) high. The basal leaves Capitol Reef (Heil 1989) documented (Maguire daisy), endemic to sandstone are spatulate or broadly oblanceolate, 2 that about 3,000 individuals of E. canyons and mesas, is found in the San to 5 cm (0.8 to 2.0 in) long and 6 to 9 maguirei occur at 12 sites. These 12 Rafael Swell in Emery County, Utah, millimeters (mm) (0.2 to 0.4 in) wide. sites are reproductively isolated, and Capitol Reef in Wayne County, The well-developed stem leaves are forming separate populations (R. Van Utah. In 1985, the Fish and Wildlife sessile or short-petiolate, and are Buren, Brigham Young University, pers. Service (Service) listed Erigeron alternately arranged on the stem. The comm. 1994; K. Heil, San Juan College, maguirei var. maguirei as endangered leaves and stems are covered with pers. comm. 1994). Even with this under the Endangered Species Act of abundant spreading hairs. One to three number of individuals and populations, 1973 (Act) as amended. Recent flower heads are borne at the end of the species remains vulnerable to taxonomic studies document that each stem. The floral disc is 8 to 10 mm threats such as the loss of habitat and populations formerly recognized as E. (0.3 to 0.4 in) wide; the involucre is 5 genetic viability. maguirei var. maguirei and E. maguirei to 6.5 mm (0.20 to 0.26 in) high. Each The small and isolated populations of var. harrisonii do not merit recognition floral head has 15 to 20 white or Erigeron maguirei are susceptible to as separate varieties, so that E. maguirei pinkish-white colored ligules (ray natural and man-caused habitat Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31055 disturbances. In localized areas, the Smithsonian report and in the July 1, The processing of this final species has been adversely affected by 1975, Notice of Review. On June 16, reclassification follows the Service’s off-road vehicles and trampling by 1976, the Service published a proposed final listing priority guidance published humans and livestock. Mineral and rule (41 FR 24523) to determine in the Federal Register on May 16, 1996 energy exploration and development are approximately 1,700 vascular plant taxa, (61 FR 24722). The guidance clarifies potential threats to the species. The including Erigeron maguirei, to be the order in which the Service will demographic stability of the various endangered pursuant to section 4 of the process rulemakings following two populations is not known at this time. Act. related events: 1) the lifting, on April Small and isolated populations often The 1978 amendments to the Act 26, 1996, of the moratorium on final have a high potential of becoming required that all proposals over 2 years listings imposed on April 10, 1995 genetically homozygous, rendering them old be withdrawn. On December 10, (Public Law 104–6), and 2) the vulnerable to the loss of genetic viability 1979, the Service published a notice (44 restoration of significant funding for (R. Van Buren, pers. comm. 1994). FR 70796) withdrawing that portion of listing through passage of the omnibus Individually, natural factors such as the June 16, 1976, proposal which had budget reconciliation law on April 26, disease, flash floods, grazing by native not been finalized. The withdrawal 1996, following severe funding species, erosion, and vegetative notice included E. maguirei. The revised constraints imposed by a number of competition may not pose a definitive notice of review for plants published on continuing resolutions between threat to this species. However, due to December 15, 1980 (45 FR 82480), November 1995 and April 1996. The low population numbers, the included E. maguirei as a candidate guidance calls for prompt processing of cumulative effect of these threats could species. Section 4(b)(3)(B) of the 1982 draft listings, including final jeopardize the continued existence of amendments to the Act requires that the downlistings, that were already in the the species. Secretary of the Interior make a finding Service’s Washington office and already The Service sent the proposed rule to on a petition within 1 year of its receipt. approved by the field and regional reclassify E. maguirei as threatened and In addition, Section 2(b)(1) of the 1982 offices when the severe funding background information to four amendments to the Act required that all constraints were imposed in early fiscal botanists for peer review in order to petitions pending as of October 13, year 1996. A draft of this rule was substantiate the scientific basis of the 1982, be treated as if newly submitted approved the Service’s Denver Regional Service’s finding. Three of the reviewers on that date. Erigeron maguirei was Director on August 9, 1995, and (Dr. Renee Van Buren and Kim Harper, therefore treated as a new petition with transmitted to the Washington office, Brigham Young University, Provo, Utah, October 13, 1983, as the deadline for a where processing was postponed in and Professor Kenneth Heil, San Juan petition finding. On October 13, 1983, favor of other, higher priority listing Community College, Farmington, New the Service made a 12-month finding actions. Mexico) reviewed the proposed rule and that the petition to list the species was status information and provided written Summary of Comments and warranted, but precluded by other comments on the proposed action. They Recommendations listing actions of a higher priority. On agreed with the Service’s proposed In the September 7, 1994, proposed July 27, 1984, the Service published a action to recognize E. maguirei as a rule, and through associated rule proposing E. maguirei var. maguirei species without infra-specific taxa and notifications, all interested parties as an endangered species (49 FR 30211). change its classification from (appropriate Federal and State agencies, The final rule designating the species as endangered to threatened. They also county governments, scientific endangered was published on provided additional information on the organizations, and private individuals) September 5, 1985 (50 FR 36090). species’ distribution, biological threats, were requested to submit information and phylogenetic relationships. The On September 27, 1985, the Service that might contribute to the fourth reviewer did not respond to the published a notice of review for plants development of a final rule for Erigeron Service’s request for peer review. The (50 FR 39526) which included E. maguirei. Newspaper notices were Service took the peer review maguirei var. harrisonii as a candidate published in the Salt Lake Tribune and information into consideration when species. Erigeron maguirei var. the Desert News on October 6, 1994, and preparing this final rulemaking. harrisonii remained a candidate through the Emery County Progress on October the revised plant notice of review 11, 1994. The Service received a total of Previous Federal Action published on September 30, 1993 (58 FR five comments on the proposed rule. Federal action on this species began 51144). The major issues raised by the with section 12 of the Act, which Recent taxonomic studies and status commentors are addressed in the directed the Secretary of the surveys (Heil 1989; U.S. Fish and following summary: Smithsonian Institution to prepare a Wildlife Service 1994; Van Buren 1993; Issue 1: Recent inventories in the San report on plants considered to be R. Van Buren, pers. comm. 1993) Rafael Swell have increased the known endangered, threatened, or extinct in the indicate that E. maguirei var. maguirei distribution of E. maguirei from 1 to 10 United States. This report, designated as and E. maguirei var. harrisonii are not sites and from less than 10 individuals House Document No. 94–51, was taxonomically distinct. Since var. to between 1,000 and 2,000 over a range presented to Congress on January 9, harrisonii is no longer recognized, it has of 50 kilometers (30 miles). A portion of 1975. On July 1, 1975, the Service been removed from candidate status. the species’ distribution is located in the published a notice (40 FR 27823) that The Service published a Federal Sid’s Mountain Wilderness Study Area. formally accepted the Smithsonian Register notice (59 FR 46219; September There are few threats to the species report as a petition within the context 7, 1994) proposing to change the entry because of the Wilderness Study Area’s of section 4(c)(2) (now section 4(b)(3)) of for E. maguirei var. maguirei to one for inaccessibility. the Act. By accepting this report as a E. maguirei, with the understanding that Service Response: The expansion in petition, the Service acknowledged its this would include the plants formerly the range and the discovery of new intention to review the status of those recognized as var. harrisonii. This populations are a primary reason for the plant taxa named in the report. Erigeron notice also proposed to reclassify the Service’s reclassification of the species maguirei was included in the species from endangered to threatened. from endangered to threatened. 31056 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

However, even with this increase in information, the Service has determined D. The Inadequacy of Existing population size, the species remains that Erigeron maguirei should be Regulatory Mechanisms rare and is restricted to certain sites that reclassified from an endangered to a are vulnerable to habitat destruction. threatened species. Procedures found at Through management plans, the BLM Several populations continue to be section 4(a)(1) of the Act and regulations and National Park Service (NPS) have impacted by human and livestock implementing the listing provisions of provided some protection for E. trampling, especially in wash bottoms. the Act (50 CFR 424) were followed. A maguirei and its habitat in the San The long-term protection of the species species may be determined to be Rafael Swell and Capitol Reef areas. It in the Sid’s Mountain Wilderness Study threatened due to one or more of the is believed that these Federal agencies Area is uncertain, since the area has not five factors described in section 4(a)(1). will continue to assist in the protection been officially designated as a These factors and their application to and recovery of this plant as a wilderness area. Without such Erigeron maguirei Cronquist (Maguire threatened species. designation, the area could be opened to daisy) are as follows: E. Other Natural or Manmade Factors various uses and development. Affecting Its Continued Existence Issue 2: Given the uncertainty of A. The Present or Threatened world market conditions for uranium, Destruction, Modification, or The small population size and uranium mining is unlikely to occur in Curtailment of Its Habitat or Range restricted habitat of E. maguirei make the species’ habitat. Over a period of The habitat of Erigeron maguirei is this plant vulnerable to natural or time, existing claims will likely be threatened with modification or human-caused catastrophic abandoned. destruction by off-road vehicle use and disturbances. Low population numbers, Service Response: Uranium mining mining claim assessment work. Off-road geographic separation, and reproductive claim assessment work continues in or vehicle use is a potential threat to isolation may contribute to reduced near populations of E. maguirei. The populations located in accessible genetic viability in each of the Service is concerned that mineral washes. Uranium ore deposits are individual populations. The extraction could begin as soon as market known to occur within the species’ accumulation and expression of conditions change and thus pose a habitat. Annual assessment work on phenotypic lethal alleles in the gene serious threat to the species. Mining uranium claims and other minerals is pool is highly probable since small activities and associated surface adversely impacting the species and its inbreeding populations become disturbances could directly or indirectly habitat (U.S. Fish and Wildlife Service increasingly homozygous over time (R. destroy plants or render the habitat 1994). Any future development of these Van Buren, pers. comm. 1993). It is not unsuitable for the species. mineral deposits or associated surface presently known whether there are Issue 3: The Service did not change disturbances could be detrimental to the sufficient numbers of individuals to the status of E. maguirei var. harrisonii species and its habitat. Additionally, ensure the long-term survival of the from category 2 to category 1 in the human and livestock trampling are species (U.S. Fish and Wildlife Service notice of review as a consequence of known to adversely impact individual 1994). Heil’s (1989) report. plants. Human foot traffic off Service Response: Heil (1989) The Service has carefully assessed the established trails in Capitol Reef postulated that E. maguirei var. best available scientific and commercial National Park is affecting one harrisonii might not be taxonomically information regarding past, present, and population (Heil 1989; K. Heil, pers. distinct at the varietal level. Erigeron future threats faced by this species. comm. 1994). Trampling from human maguirei var. harrisonii remained a Based on this evaluation, the preferred foot traffic is a potential threat to the category 2 species until the taxonomic action is to list E. maguirei as a species throughout its scenic canyon issue was resolved. Once the Service threatened species. Information habitat in the San Rafael Swell and determined that E. maguirei var. gathered from surveys and recovery Capitol Reef areas. Livestock trampling maguirei and var. harrisonii were not efforts conducted by the Service, BLM, has affected all populations, including taxonomically distinct, var. harrisonii and NPS have documented additional those in Capitol Reef National Park. was removed from candidate status. numbers of plants and indicated that Issue 4: The Service’s proposed rule Unlike most National Parks, Capitol some populations are relatively secure identified five populations of E. Reef National Park is not closed to and adequately protected (Kass 1990). maguirei. Based on effective pollinator livestock grazing. Livestock trampling Consequently, the Service finds that the distances, at least 10 separate negatively impacts individuals of E. present magnitude of threats is populations should be recognized. maguirei growing in accessible wash significantly less than when E. maguirei Service Response: The Service bottoms. This results in the species var. maguirei was first listed as grouped the species occurrences into being restricted to less suitable habitat endangered in 1985. The Service five population clusters for convenience in the sandstone crevices of the concludes that the species no longer of discussion in the proposed rule. After adjoining slickrock canyon walls. warrants listing as endangered under reviewing the public comments and B. Overutilization for Commercial, the Act. Nevertheless, with less than available information, the Service made Recreational, Scientific, or Educational 3,000 known individuals existing in a revision in the rule and will use 12 Purposes only 12 populations, the long-term populations as a frame of reference for survival of E. maguirei continues to be discussing the species’ distribution. None known. threatened by current and potential This is more closely aligned with the C. Disease or Predation habitat disturbance from mining and populations recognized by the Bureau of recreational activities and livestock Land Management (BLM) and others. Under certain conditions, E. maguirei trampling. Additionally, the species’ may be vulnerable to livestock grazing. small, reproductively isolated Summary of Factors Affecting the Concentrations of livestock in localized populations may be subject to long-term Species areas, specifically wash bottoms that genetic impoverishment due to their After a thorough review and have limited vegetation, may result in E. restricted gene pools. Therefore, the consideration of all available maguirei being grazed by livestock. Service has determined that E. maguirei Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31057 should be listed as threatened without and reduction to possession of E. New York Botanical Garden, Bronx, the designation of critical habitat. maguirei from areas under Federal New York. 496 pp. jurisdiction continues to be prohibited Critical Habitat Heil, K.D. 1989. A vegetation study of under section 9 of the Act and 50 CFR Capitol Reef National Park— Section 4(a)(3) of the Act, as 17.71. However, the malicious damage endangered, threatened, rare, and amended, requires that to the maximum or destruction of endangered plants on other plants of concern at Capitol Reef extent prudent and determinable, the areas under Federal jurisdiction, and the National Park. National Park Service, Secretary propose critical habitat at the removal, cutting, digging up or damage Torrey, Utah. time a species is proposed for listing as or destruction of endangered species on endangered or threatened. The Service Kass, R.J. 1990. Final report—habitat any other area in knowing violation of inventory of threatened and finds that designation of critical habitat any State law or regulation or in the is not prudent for E. maguirei. endangered and candidate plant course of any violation of a State species in the San Rafael Swell, Utah. Designation of critical habitat would criminal trespass law will no longer entail publishing a detailed map and Bureau of Land Management, Salt constitute a violation of section 9. The Lake City, Utah. 87 pp. description of critical habitat in the import, export, and interstate and U.S. Fish and Wildlife Service. 1994. Federal Register, which could expose foreign commerce prohibitions of Maguire daisy (Erigeron maguirei) the species to threats of vandalism. section 9 continue to apply to E. draft recovery plan. U.S. Fish and Moreover, few additional benefits maguirei. would be provided to the species by Wildlife Service, Salt Lake City, Utah. Pursuant to section 10 of the Act and designation of critical habitat since most 20 pp. 50 CFR 17.72, permits may be issued to of the small, isolated populations are carry out otherwise prohibited activities Van Buren, R. 1993. Randomly located on Federal lands. Any Federal involving threatened plants. Such amplified polymorphic DNA and action that would impact the species’ permits are available for scientific resolution of classification problems habitat would be addressed through the purposes and to enhance the in Erigeron (Asteraceae). Report section 7 consultation process. Section propagation or survival of endangered prepared for the U.S. Fish and 9(a)(2)(B) of the Act makes it unlawful and threatened species. For threatened Wildlife Service, Salt Lake City, Utah. to remove and reduce to possession any plants, permits also are available for 10 pp. (Abstracted in the American listed plant from any area under Federal botanical or horticultural exhibition, Journal of Botany 81(6):197–198. jurisdiction. The NPS and BLM are educational purposes, or special 1994.) aware of the occurrence of E. maguirei purposes consistent with the purposes Welsh, S.L. 1983a. A bouquet of daisies on lands under their jurisdiction and of and policy of the Act. Requests for (Erigeron, Compositae). Great Basin their legal obligation to protect listed copies of the regulations regarding listed Naturalist 43(2):179–357. plants. Protection of the species’ habitat species and inquiries about prohibitions Welsh, S.L. 1983b. Utah flora: will be accomplished through the and permits may be addressed to the Compositae (Asteraceae). Great Basin recovery process. Field Supervisor of the Service’s Salt Naturalist 43(2):365–368. Effects of the Rule Lake City Field Office (see ADDRESSES Welsh, S.L., N.D. Atwood, L.C. Higgins, This rule changes the status of section). and S. Goodrich. 1987. A Utah flora. Erigeron maguirei from endangered to This reclassification is not an Great Basin Nat. Mem. 9:1–894. threatened and formally recognizes that irreversible commitment on the part of Welsh, S.L., N.D. Atwood, S. Goodrich, this species is no longer in imminent the Service. Reclassifying E. maguirei to and L.C. Higgins. 1993. A Utah flora, danger of extinction throughout a endangered would be possible should second edition, revised. Brigham significant portion of its range. changes occur in management, habitat, Young University Press, Provo, Utah. Reclassification to threatened does not or other factors that alter the present 986 pp. significantly alter the protection threats to the species’ survival and Author afforded this species under the Act. recovery. Section 7(a) of the Act requires National Environmental Policy Act The primary author of this final rule Federal agencies to evaluate their is John L. England (see ADDRESSES actions with respect to any listed The Fish and Wildlife Service has section). species. The consultation and other determined that Environmental requirements of section 7 apply equally Assessments and Environmental Impact List of Subjects in 50 CFR Part 17 to endangered and threatened species. Statements, as defined under the Endangered and threatened species, Virtually all known populations of E. authority of the National Environmental Exports, Imports, Reporting and maguirei occur on lands under the Policy Act of 1969, need not be recordkeeping requirements, and jurisdiction of the BLM or NPS. Those prepared in connection with regulations Transportation. two agencies have been involved in adopted pursuant to section 4(a) of the recovery and section 7 consultation Endangered Species Act of 1973, as Regulation Promulgation activities for this species since it was amended. A notice outlining the Accordingly, part 17, subchapter B of listed as endangered in 1985 and are Service’s reasons for this determination chapter I, title 50 of the Code of Federal likely to remain involved. Recovery was published in the October 25, 1983 Regulations, is amended as set forth activities are not expected to diminish Federal Register (48 FR 49244). below: since the primary objective of the References Cited recovery strategy is delisting of the PART 17Ð[AMENDED] species. The final recovery plan will Cronquist, A. 1947. Revision of the reflect information acquired since the North American species of Erigeron, 1. The authority citation for Part 17 plan was drafted. north of Mexico. Brittonia 6(2):1–302. continues to read as follows: Certain prohibitions that apply to Cronquist, A. 1994. Volume 5, Asterales, Authority: 16 U.S.C. 1361–1407; 16 U.S.C. endangered plants do not apply to intermountain flora; vascular plants of 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– plants listed as threatened. The removal the Intermountain West, U.S.A. The 625, 100 Stat. 3500; unless otherwise noted. 31058 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

§ 17.12 [Amended] following, in alphabetical order under § 17.12 Endangered and Threatened 2. Section 17.12(h) is amended by FLOWERING PLANTS, to the List of Plants. removing the entry for Erigeron Endangered and Threatened Plants to * * * * * maguirei var. maguirei and adding the read as follows: (h) * * *

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

Flowering Plants

******* Erigeron Maguire daisy ...... U.S.A. (UT) ...... Asteraceae ...... T 202,584 NA NA maguirei.

*******

Dated: May 29, 1996. John G. Rogers, Acting Director, Fish and Wildlife Service. [FR Doc. 96–15571 Filed 6–18–96; 8:45 am] BILLING CODE 4310±55±P 31059

Proposed Rules Federal Register Vol. 61, No. 119

Wednesday, June 19, 1996

This section of the FEDERAL REGISTER FAA, Transport Airplane Directorate, Model DC–10–10, –10F, –30, –30F, and contains notices to the public of the proposed 1601 Lind Avenue, SW., Renton, –40 series airplanes. That AD requires a issuance of rules and regulations. The Washington. revision to the wing-pylon inspection purpose of these notices is to give interested FOR FURTHER INFORMATION CONTACT: Ron programs for these airplanes, which persons an opportunity to participate in the includes various types of inspections to rule making prior to the adoption of the final Atmur, Aerospace Engineer, Airframe rules. Branch, ANM–120L, FAA, Los Angeles detect discrepancies, and the correction Aircraft Certification Office, 3960 of any discrepancy found. That action Paramount Boulevard, Lakewood, was prompted by a report of internal DEPARTMENT OF TRANSPORTATION California 90712; telephone (310) 627– structural damage to the wing engine 5224; fax (310) 627–5210. pylon that occurred during maintenance Federal Aviation Administration of a Model DC–10 series airplane. The SUPPLEMENTARY INFORMATION: requirements of that AD are intended to 14 CFR Part 39 Comments Invited ensure the integrity of the structure and [Docket No. 96±NM±24±AD] Interested persons are invited to attachment of the wing engine pylon. Since the issuance of AD 80–11–05 RIN 2120±AA64 participate in the making of the proposed rule by submitting such R1, the FAA certificated McDonnell Airworthiness Directives; McDonnell written data, views, or arguments as Douglas Model DC–10–15 series Douglas Model DC±10±15 Airplanes they may desire. Communications shall airplanes for operation in the U.S. identify the Rules Docket number and Subsequently, the FAA has determined AGENCY: Federal Aviation be submitted in triplicate to the address that these airplanes also are subject to Administration, DOT. specified above. All communications the unsafe condition addressed in AD ACTION: Notice of proposed rulemaking received on or before the closing date 80–11–05 R1, since they are similar in (NPRM). for comments, specified above, will be type design to the airplane models addressed in that AD. SUMMARY: This document proposes the considered before taking action on the adoption of a new airworthiness proposed rule. The proposals contained Explanation of Relevant Service directive (AD) that is applicable to all in this notice may be changed in light Information McDonnell Douglas Model DC–10–15 of the comments received. Comments are specifically invited on The FAA has reviewed and approved airplanes. This proposal would require, McDonnell Douglas DC–10 Service among other things, inspections to the overall regulatory, economic, environmental, and energy aspects of Bulletin 54–74, dated December 21, detect discrepancies at various locations 1979, which describes procedures for of pylons 1 and 3, and correction of any the proposed rule. All comments submitted will be available, both before repetitive visual inspections to detect discrepancy found. This proposal is discrepancies at various locations of prompted by a report of internal and after the closing date for comments, in the Rules Docket for examination by pylons 1 and 3, and correction of any structural damage to the wing engine discrepancy found. The service bulletin pylon that occurred during maintenance interested persons. A report summarizing each FAA-public contact indicates that these locations include of a Model DC–10 series airplane. The the following: the pylon aft bulkhead; actions specified by the proposed AD concerned with the substance of this proposal will be filed in the Rules the upper surface of the upper spar aft are intended to ensure the integrity of of station Yn=342.864 to the aft the structure and attachment of the wing Docket. Commenters wishing the FAA to bulkhead; the lower surface of the upper engine pylon. acknowledge receipt of their comments spar and spar cap angles aft of station DATES: Comments must be received by submitted in response to this notice Yn=342.864 to the aft bulkhead; the July 29, 1996. must submit a self-addressed, stamped center and lower (firewall) spar and spar ADDRESSES: Submit comments in postcard on which the following cap angles; the thrust link installation; triplicate to the Federal Aviation statement is made: ‘‘Comments to the lower and upper forward spherical Administration (FAA), Transport Docket Number 96–NM–24–AD.’’ The bearing installation; the forward Airplane Directorate, ANM–103, postcard will be date stamped and bulkhead; and the forward wing attach Attention: Rules Docket No. 96–NM– returned to the commenter. fitting (footstool) of the pylon. 24–AD, 1601 Lind Avenue, SW., Availability of NPRMs Explanation of Requirements of Renton, Washington 98055–4056. Proposed Rule Comments may be inspected at this Any person may obtain a copy of this location between 9 a.m. and 3 p.m., NPRM by submitting a request to the Since an unsafe condition has been Monday through Friday, except Federal FAA, Transport Airplane Directorate, identified that is likely to exist or holidays. ANM–103, Attention: Rules Docket No. develop on other products of this same The service information referenced in 96–NM–24–AD, 1601 Lind Avenue, type design, the proposed AD would the proposed rule may be obtained from SW., Renton, Washington 98055–4056. require: McDonnell Douglas Corporation, 3855 1. At each pylon removal and Lakewood Boulevard, Long Beach, Discussion installation, the engine and pylon must California 90846, Attention: Technical On May 16, 1980, the FAA issued AD be removed and installed separately, Publications Business Administration, 80–11–05 R1, amendment 39–3981 (45 and the pylon aft bulkhead lug must be Department C1–L51 (2–60). This FR 35310, May 27, 1980), which is protected from contact with certain information may be examined at the applicable to all McDonnell Douglas attach bolt heads. 31060 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules

2. Performance of various repetitive location provided under the caption Accomplish the requirements of paragraphs inspections to detect discrepancies at ADDRESSES. (c)(1), (c)(2), and (c)(3) of this AD. various locations of pylons 1 and 3, and (1) Perform an inspection of the aft pylon List of Subjects in 14 CFR Part 39 correction of any discrepancy found. bulkhead to detect cracking, in accordance with page 634, dated December 1, 1979, and 3. Submission of a pylon maintenance Air transportation, Aircraft, Aviation safety, Safety. page 634A, dated August 1, 1990, of Chapter program that includes specific repetitive 54–10–11 of the McDonnell Douglas DC–10 inspections at intervals of 20,000 hours The Proposed Amendment Nondestructive Testing Manual. time-in-service. (2) Perform a visual inspection of the pylon Accordingly, pursuant to the Certain of these actions would be aft spherical bearing and attaching hardware authority delegated to me by the required to be accomplished in to verify the security of the nut and bolt. Administrator, the Federal Aviation accordance with the service bulletin (3) Perform a visual inspection of the Administration proposes to amend part torque stripe for proper alignment. described previously; other actions 39 of the Federal Aviation Regulations (d) Perform the inspections required by would be required to be accomplished (14 CFR part 39) as follows: paragraph (e) of this AD at the later of the in accordance with the DC–10 times specified in paragraphs (d)(1) and Nondestructive Testing Manual and the PART 39ÐAIRWORTHINESS (d)(2) of this AD. Thereafter, repeat these DC–10 Maintenance Manual. DIRECTIVES inspections at intervals not to exceed 3,600 hours time-in-service or 12 months, Cost Impact 1. The authority citation for part 39 whichever occurs later. There are approximately 7 Model DC– continues to read as follows: (1) Prior to the accumulation of 3,600 total hours time-in-service. 10–15 airplanes of the affected design in Authority: 49 U.S.C. 106(g), 40113, 44701. (2) Within 3,600 hours time-in-service or the worldwide fleet. The FAA estimates § 39.13 [Amended] 12 months after the effective date of this AD, that 2 airplanes of U.S. registry would whichever occurs later. be affected by this proposed AD, that it 2. Section 39.13 is amended by (e) Perform the inspections required by would take approximately 22 work adding the following new airworthiness paragraphs (e)(1) through (e)(5) of this AD at hours per airplane to accomplish the directive: the times indicated in paragraph (d) of this proposed actions, and that the average McDonnell Douglas: Docket 96–NM–24–AD. AD. (1) Perform a visual inspection to detect labor rate is $60 per work hour. Based Applicability: All Model DC–10–15 on these figures, the cost impact of the cracking of the external surfaces of the thrust airplanes, certificated in any category. link forward (pylon) and aft (wing) proposed AD on U.S. operators is Note 1: This AD applies to each airplane attachment lugs, in accordance with estimated to be $2,640, or $1,320 per identified in the preceding applicability paragraph 2.C.(1) of McDonnell Douglas DC– airplane. provision, regardless of whether it has been 10 Service Bulletin 54–74, dated December The cost impact figure discussed modified, altered, or repaired in the area 21, 1979. above is based on assumptions that no subject to the requirements of this AD. For (2) Perform a visual inspection to detect operator has yet accomplished any of airplanes that have been modified, altered, or discrepancies of the upper surface of the repaired so that the performance of the pylon upper spar aft of station Yn=342.864, the proposed requirements of this AD requirements of this AD is affected, the action, and that no operator would in accordance with paragraph 2.G. of owner/operator must request approval for an McDonnell Douglas DC–10 Service Bulletin accomplish those actions in the future if alternative method of compliance in 54–74, dated December 21, 1979. this AD were not adopted. accordance with paragraph (k) of this AD. (3) Perform a visual inspection to detect The request should include an assessment of Regulatory Impact discrepancies of the center and lower the effect of the modification, alteration, or (firewall) spar and spar cap angles from the The regulations proposed herein repair on the unsafe condition addressed by aft bulkhead to the forward bulkhead, in would not have substantial direct effects this AD; and, if the unsafe condition has not accordance with paragraph 2.M. of on the States, on the relationship been eliminated, the request should include McDonnell Douglas DC–10 Service Bulletin between the national government and specific proposed actions to address it. 54–74, dated December 21, 1979. the States, or on the distribution of Compliance: Required as indicated, unless (4) Perform an inspection for discrepancies power and responsibilities among the accomplished previously. at the various locations of the wing and tail To ensure the integrity of the structure and specified on pages 601, 602, 602A, 604, 605, various levels of government. Therefore, attachment of the wing engine pylon, 606, and 608, all dated November 1, 1986; in accordance with Executive Order accomplish the following: page 603, dated May 1, 1986; and pages 604A 12612, it is determined that this (a) At each pylon removal and installation and 607, dated May 1, 1987; of Chapter 05– proposal would not have sufficient that is accomplished after the effective date 51–08 of the McDonnell Douglas DC–10 federalism implications to warrant the of this AD: The engine and pylon shall be Maintenance Manual. Accomplish the preparation of a Federalism Assessment. removed and installed separately, unless inspections in accordance with the For the reasons discussed above, I such removal or installation, or both, as an procedures specified on those pages of the certify that this proposed regulation (1) assembly is accomplished in accordance with McDonnell Douglas DC–10 Maintenance a method approved by the Manager, Los Manual. Is not a ‘‘significant regulatory action’’ Angeles Aircraft Certification Office (ACO), (5) Perform a visual inspection of the pylon under Executive Order 12866; (2) is not FAA, Transport Airplane Directorate. aft spherical bearing and attaching hardware a ‘‘significant rule’’ under the DOT (b) At each pylon removal and installation to verify the security of the nut and bolt, and Regulatory Policies and Procedures (44 that is accomplished after the effective date inspect the torque stripe for alignment. FR 11034, February 26, 1979); and (3) if of this AD: Protect the pylon aft bulkhead lug (f) Within 30 days after the effective date promulgated, will not have a significant from contact with the clevis-to-wing attach of this AD: Submit a pylon maintenance economic impact, positive or negative, bolt heads using part number (P/N) program, as an amendment to the on a substantial number of small entities DZZ7268–1 in accordance with page 417, maintenance program, to the assigned FAA under the criteria of the Regulatory dated January 1, 1982, and page 427, dated Principal Maintenance Inspector for May 1, 1985, of Chapter 54–00–01 of the approval. The pylon maintenance program Flexibility Act. A copy of the draft McDonnell Douglas DC–10 Maintenance shall specify that, prior to the accumulation regulatory evaluation prepared for this Manual. of 20,000 total hours time-in-service, or action is contained in the Rules Docket. (c) Prior to further flight following any within 20,000 hours time-in-service since the A copy of it may be obtained by pylon reinstallation that is accomplished last inspection, whichever occurs later, the contacting the Rules Docket at the after the effective date of this AD: operator will accomplish, as a minimum, the Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31061 actions specified in paragraphs (f)(1)through 11 of the McDonnell Douglas DC–10 (3) The pylon number of the airplane. (f)(9) of this AD. Nondestructive Testing Manual. (4) The specific paragraph (and (1) Perform a visual inspection to detect (9) Accomplish either paragraph (f)(9)(i) or subparagraph) of this AD that corresponds cracking of the pylon aft bulkhead, in (f)(9)(ii) of this AD. with the inspection results being reported. accordance with paragraphs 2.E. and 2.F. of (i) Perform an X-ray inspection in situ to (5) Specific inspection results: For McDonnell Douglas DC–10 Service Bulletin ensure the integrity of the steel thrust links, example, the location and size of cracking, 54–74, dated December 21, 1979; and an in accordance with page 632A, dated August specific location of discrepant fasteners, and eddy current inspection to detect cracking of 1, 1984, and page 632B, dated February 1, part numbers. the pylon aft bulkhead, in accordance with 1981, of the McDonnell Douglas DC–10 (k) An alternative method of compliance or page 634, dated December 1, 1979, and page Nondestructive Testing Manual. Or adjustment of the compliance time that 634A, dated August 1, 1990, of Chapter 54– (ii) Perform an ultrasonic inspection in situ provides an acceptable level of safety may be 10–11 of the McDonnell Douglas DC–10 to ensure the integrity of the steel thrust used if approved by the Manager, Los Nondestructive Testing Manual. links, in accordance with page 632C, dated Angeles ACO. Operators shall submit their (2) Perform a visual inspection to detect August 1, 1985, and page 632D, dated August requests through an appropriate FAA discrepancies of the front spar bulkhead, in 1, 1984, of the McDonnell Douglas DC–10 Principal Maintenance Inspector, who may accordance with paragraph 2.H. of Nondestructive Testing Manual. add comments and then send it to the McDonnell Douglas DC–10 Service Bulletin (g) Prior to further flight after a pylon has Manager, Los Angeles ACO. 54–74, dated December 21, 1979. been subjected to vertical or horizontal Note 3: Information concerning the (3) Perform a visual inspection to detect misalignment, or both (e.g., during existence of approved alternative methods of cracking of the attachment fitting-to-pylon maintenance), perform an inspection to compliance with this AD, if any, may be forward bulkhead (footstool) of the wing detect cracking of the aft pylon bulkhead, in obtained from the Los Angeles ACO. front spar; perform a detailed visual accordance with page 634, dated December 1, (l) Special flight permits may be issued in inspection to detect cracking, and loose or 1979, and page 634A, dated August 1, 1990, accordance with sections 21.197 and 21.199 missing fasteners, of the wing pylon of Chapter 54–10–11 of the McDonnell of the Federal Aviation Regulations (14 CFR attachment; and verify that the pre-load Douglas DC–10 Nondestructive Testing 21.197 and 21.199) to operate the airplane to indicating (PLI) washers cannot be rotated; in Manual. a location where the requirements of this AD accordance with paragraph 2.L. of McDonnell (h) Prior to further flight following any can be accomplished. Douglas DC–10 Service Bulletin 54–74, dated event that produces high pylon loads: Issued in Renton, Washington, on June 13, December 21, 1979. Perform an inspection of the pylon for 1996. (4) Perform an inspection to verify that the structural integrity, in accordance with pages James V. Devany, attach bolt PLI washers on the lower 601, 602, 602A, 604, 605, 606, and 608, dated spherical bearing plug cannot be rotated; November 1, 1986; page 603, dated May 1, Acting Manager, Transport Airplane verify that no interference exists between the 1986; and pages 604A and 607, dated May 1, Directorate, Aircraft Certification Service. plug forward flange aft face, and the forward 1987; of Chapter 05–51–08 of the McDonnell [FR Doc. 96–15601 Filed 6–18–96; 8:45 am] face of the spherical bearing; and perform a Douglas DC–10 Maintenance Manual. BILLING CODE 4910±13±U detailed visual inspection of the plug in situ; Note 2: Examples of events that produce in accordance with paragraph 2.I. of high pylon loads, include, but are not limited McDonnell Douglas DC–10 Service Bulletin to, the following: 14 CFR Part 39 54–74, dated December 21, 1979. • Hard or overweight landings (for the (5) Perform a visual inspection to verify the purpose of this AD, overweight landings are [Docket No. 95±NM±106±AD] condition, security, and torque stripe made at aircraft weights in excess of 369,000 RIN 2120±AA64 alignment of the plug assembly of the pounds); forward upper spherical bearing installation, • Severe turbulence encounters; • Airworthiness Directives; Boeing in accordance with paragraph 2.J. of Engine vibration that requires engine Model 727 and 737 Series Airplanes McDonnell Douglas DC–10 Service Bulletin removal or critical engine failure, or both; • 54–74, dated December 21, 1979. Ground damage (work stands, etc.); AGENCY: Federal Aviation • (6) Perform a visual inspection to verify Compressor stalls requiring engine Administration, DOT. proper installation of the thrust link bolts, removal; and ACTION: Notice of proposed rulemaking nuts, and retaining washers of the thrust link • Excursions from the runway of a nature installation, in accordance with paragraph that might have imposed loads more severe (NPRM). than those encountered normally on the 2.C.(2) of McDonnell Douglas DC–10 Service SUMMARY: This document proposes the Bulletin 54–74, dated December 21, 1979. runway. adoption of a new airworthiness (7) Perform an inspection of the aft (i) Prior to further flight, correct any spherical bearing, as specified in paragraphs discrepancy found during any inspection directive (AD) that is applicable to (f)(7)(i) through (f)(7)(iv) of this AD. required by this AD, in accordance with a certain Boeing Model 727 and 737 series (i) Remove the aft spherical bearing method approved by the Manager, Los airplanes. This proposal would require through bolt. Inspect the inner bore of the Angeles ACO; the Structural Repair Manual; replacing the fuel cap assembly with a bushing in situ using Magnaflux bolt and or McDonnell Douglas DC–10 Service new assembly on the inlet fitting at the visual inspection techniques. Perform a Bulletin 54–74, dated December 21, 1979; as inside top of the auxiliary fuel tank. The visual inspection using a 10x (power) glass appropriate. proposal would also require replacing (or equivalent) to detect cracks of the forward (j) Within 10 days after accomplishing the the INOP placards with new placards. and aft surfaces of the spherical bearing. inspections required by this AD, report Reinstall the through bolt. inspection results, positive or negative, to the This proposal is prompted by reports (ii) Verify that the torque of the through FAA Principal Maintenance Inspector. The that the fuel cap assembly, due to its bolt is 1,200 to 1,300 inch-pounds. report shall include the information specified design, became loose and allowed fuel (iii) Inspect the clearance of the aft in paragraphs (j)(1) through (j)(5) of this AD. to enter the deactivated auxiliary fuel spherical bearing forward face/clevis. Information collection requirements tanks on in-service airplanes. The (iv) Torque stripe the nut to bolt. contained in this regulation have been actions specified by the proposed AD (8) Perform an ultrasonic inspection to approved by the Office of Management and are intended to prevent unwanted fuel detect cracking of the bulkhead lug and wing Budget (OMB) under the provisions of the transferring to the deactivated auxiliary clevis-to-wing attachment, including the Paperwork Reduction Act of 1980 (44 U.S.C. fuel tanks, due to the problems bolts, in accordance with pages 635, 636, 3501 et seq.) and have been assigned OMB 638, 638A, and 638B, dated December 1, Control Number 2120–0056. associated with a loose fuel cap 1979; page 637, dated September 1, 1993; (1) The ‘‘N’’ number of the airplane. assembly. page 651, dated February 1, 1982; and page (2) The total number of hours time-in- DATES: Comments must be received by 652, dated August 1, 1992; of Chapter 54–10– service accumulated on the airplane. July 29, 1996. 31062 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules

ADDRESSES: Submit comments in FAA, Transport Airplane Directorate, 1. Procedures for replacing the fuel triplicate to the Federal Aviation ANM–103, Attention: Rules Docket No. cap assembly having part number (P/N) Administration (FAA), Transport 95–NM–106–AD, 1601 Lind Avenue, AN929A24 with a new fuel cap Airplane Directorate, ANM–103, SW., Renton, Washington 98055–4056. assembly having P/N AN929L24 on the Attention: Rules Docket No. 95–NM– inlet fitting at the inside top of the Discussion 106–AD, 1601 Lind Avenue, SW., auxiliary fuel tank; and Renton, Washington 98055–4056. On October 31, 1980, the FAA issued 2. procedures for replacing the INOP Comments may be inspected at this AD 80–02–01 R2, amendment 39–3969 placards with new placards, which state location between 9:00 a.m. and 3:00 (45 FR 74467, November 10, 1980), that the fuel indicators for the auxiliary p.m., Monday through Friday, except applicable to Boeing Model 727 series fuel tanks are still operational. Federal holidays. airplanes on which an operative Boeing- For certain other airplanes listed in The service information referenced in designed auxiliary body fuel system is these service bulletins, no additional the proposed rule may be obtained from installed. In addition, the FAA issued a work is necessary. Boeing Commercial Airplane Group, similar AD 80–02–02 R2, amendment Explanation of Requirements of P.O. Box 3707, Seattle, Washington 39–3970 (45 FR 74467, November 10, Proposed Rule 98124–2207. This information may be 1980), which is applicable to Boeing examined at the FAA, Transport Model 737 series airplanes on which an Since an unsafe condition has been Airplane Directorate, 1601 Lind operative Boeing-designed auxiliary identified that is likely to exist or Avenue, SW., Renton, Washington. body fuel system is installed. Those ADs develop on other products of this same type design, the proposed AD would FOR FURTHER INFORMATION CONTACT: were prompted by reports of loss of fuel require replacing the fuel cap assembly Sulmo Mariano, Aerospace Engineer, from the auxiliary body fuel tank due to with a new assembly on the inlet fitting Propulsion Branch, ANM–140S, FAA, defective and damaged shrouds. The at the inside top of the auxiliary fuel Seattle Aircraft Certification Office, actions required by those AD’s are tank. The proposed AD also would 1601 Lind Avenue, SW., Renton, intended to prevent failure of the fuel require replacing the INOP placards Washington; telephone (206) 227–2686; system and unwanted fuel transfer to with new placards; these replacement fax (206) 227–1181. the auxiliary body fuel tanks. actions would be required only on SUPPLEMENTARY INFORMATION: Events Since Issuance of Previous AD’s airplanes on which the auxiliary fuel Comments Invited Since issuance of those AD’s, the FAA tank has been deactivated. The actions would be required to be accomplished Interested persons are invited to has received reports indicating that, on certain Boeing Model 727 series in accordance with the service bulletins participate in the making of the described previously. proposed rule by submitting such airplanes, the fuel cap assembly (which written data, views, or arguments as was installed to deactivate the auxiliary Cost Impact they may desire. Communications shall fuel tanks, in accordance with AD 80– There are approximately 211 Boeing identify the Rules Docket number and 02–01 R2) became loose and allowed Model 727 series airplanes and 36 be submitted in triplicate to the address fuel to enter the tanks. Investigation Boeing Model 737 series airplanes of the specified above. All communications revealed that, due to incorrect affected design in the worldwide fleet. received on or before the closing date procedures that were provided in the The FAA estimates that 134 Boeing for comments, specified above, will be relevant service bulletin, the safety Model 727 series airplanes and 25 considered before taking action on the lockwire of the fuel cap assembly was Boeing Model 737 series airplanes of proposed rule. The proposals contained attached to the cap, rather than to the U.S. registry may be affected by this in this notice may be changed in light nut. This condition, if not corrected, proposed AD, depending on the current of the comments received. could allow the nut of the fuel cap configuration of the airplanes. Comments are specifically invited on assembly to back off and the cap to For Boeing Model 727 series the overall regulatory, economic, loosen; consequently, unwanted fuel airplanes, the proposed modification environmental, and energy aspects of could then transfer to the auxiliary fuel would take approximately 53 work the proposed rule. All comments tanks. hours per airplane to accomplish, at an submitted will be available, both before The fuel cap assembly on certain average labor rate of $60 per work hour. and after the closing date for comments, Model 737 series airplanes is identical Required parts would be supplied by in the Rules Docket for examination by to that on the affected Model 727 series the manufacturer at no cost to the interested persons. A report airplanes. Therefore, those Model 737 operators. Based on these figures, the summarizing each FAA-public contact series airplanes may be subject to this cost impact of the proposed AD on U.S. concerned with the substance of this same unsafe condition revealed on the operators is estimated to be $3,180 per proposal will be filed in the Rules Model 727 series airplanes. airplane. Docket. Explanation of Relevant Service For Boeing Model 737 series Commenters wishing the FAA to Information airplanes, the proposed modification acknowledge receipt of their comments would take approximately 18 work submitted in response to this notice The FAA has reviewed and approved hours per airplane to accomplish, at an must submit a self-addressed, stamped Boeing Alert Service Bulletin 727– average labor rate of $60 per work hour. postcard on which the following 28A0062, Revision 5, dated May 4, 1995 Required parts would be supplied by statement is made: ‘‘Comments to (for Model 727 series airplanes) and the manufacturer at no cost to the Docket Number 95–NM–106–AD.’’ The Boeing Alert Service Bulletin 737– operators. Based on these figures, the postcard will be date stamped and 28A1032, Revision 2, dated May 4, 1995 cost impact of the proposed AD on U.S. returned to the commenter. (for Model 737 series airplanes). For operators is estimated to be $1,080 per airplanes equipped with forward and/or airplane. Availability of NPRMs aft auxiliary fuel tanks that have been The cost impact figures discussed Any person may obtain a copy of this deactivated, these service bulletins above are based on assumptions that no NPRM by submitting a request to the contain: operator has yet accomplished any of Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31063 the proposed requirements of this AD AD. For airplanes that have been modified, 14 CFR Part 71 action, and that no operator would altered, or repaired so that the performance [Airspace Docket No. 96±ASW±15] accomplish those actions in the future if of the requirements of this AD is affected, the this AD were not adopted. owner/operator must request approval for an Proposed Establishment of Class D alternative method of compliance in Airspace; McKinney, TX Regulatory Impact accordance with paragraph (b) of this AD. The regulations proposed herein The request should include an assessment of AGENCY: Federal Aviation would not have substantial direct effects the effect of the modification, alteration, or Administration (FAA), DOT. on the States, on the relationship repair on the unsafe condition addressed by ACTION: Notice of proposed rulemaking. between the national government and this AD; and, if the unsafe condition has not the States, or on the distribution of been eliminated, the request should include SUMMARY: This notice proposes to power and responsibilities among the specific proposed actions to address it. establish Class D airspace extending various levels of government. Therefore, Compliance: Required as indicated, unless upward from surface to and including in accordance with Executive Order accomplished previously. 2,900 feet mean sea level (MSL) at 12612, it is determined that this To prevent the nut of the fuel cap assembly McKinney, TX. An air traffic control proposal would not have sufficient from backing off and the cap from loosening, tower has begun providing air traffic federalism implications to warrant the and subsequently, unwanted fuel transferring control services for pilots operating at preparation of a Federalism Assessment. to the auxiliary fuel tanks, accomplish the McKinney Municipal Airport. The For the reasons discussed above, I following: intended effect of this proposal is to certify that this proposed regulation (1) (a) Within 6 months after the effective date provide adequate controlled airspace at is not a ‘‘significant regulatory action’’ of this AD, accomplish paragraphs (a)(1) and McKinney Municipal Airport, under Executive Order 12866; (2) is not (a)(2) of this AD, in accordance with Part IV McKinney, TX. a ‘‘significant rule’’ under the DOT of the Accomplishment Instructions of DATES: Comments must be received on Regulatory Policies and Procedures (44 Boeing Service Bulletin 727–28A0062, or before August 19, 1996. FR 11034, February 26, 1979); and (3) if Revision 5, dated May 4, 1995 (for Model 727 ADDRESSES: Send comments on the promulgated, will not have a significant series airplanes), or Boeing Service Bulletin proposal in triplicate to Manager, economic impact, positive or negative, 737–28A1032, Revision 2, dated May 4, 1995 Operations Branch, Air Traffic Division, on a substantial number of small entities (for Model 737 series airplanes), as Federal Aviation Administration, under the criteria of the Regulatory applicable. Southwest Region, Docket No. 96– Flexibility Act. A copy of the draft (1) Replace the fuel cap assembly having ASW–15, Fort Worth, TX 76193–0530. regulatory evaluation prepared for this part number (P/N) AN929A24 with a new The official docket may be examined action is contained in the Rules Docket. fuel cap assembly having P/N AN929L24 on in the Office of the Assistant Chief A copy of it may be obtained by the inlet fitting at the inside top of the Counsel, Federal Aviation contacting the Rules Docket at the auxiliary fuel tank, in accordance with the Administration, Southwest Region, 2601 location provided under the caption applicable service bulletin. And Meacham Boulevard, Fort Worth, TX, (2) Replace the INOP placards with new ADDRESSES. between 9:00 a.m. and 3:00 p.m., placards, in accordance with the applicable Monday through Friday, except Federal List of Subjects in 14 CFR Part 39 service bulletin. holidays. An informal docket may also (b) An alternative method of compliance or Air transportation, Aircraft, Aviation be examined during normal business safety, Safety. adjustment of the compliance time that provides an acceptable level of safety may be hours at the Operations Branch, Air The Proposed Amendment used if approved by the Manager, Seattle Traffic Division, Federal Aviation Accordingly, pursuant to the Aircraft Certification Office (ACO), FAA, Administration, Southwest Region, 2601 authority delegated to me by the Transport Airplane Directorate. Operators Meacham Boulevard, Fort Worth, TX. Administrator, the Federal Aviation shall submit their requests through an FOR FURTHER INFORMATION CONTACT: Administration proposes to amend part appropriate FAA Principal Maintenance Donald J. Day, Operations Branch, Air 39 of the Federal Aviation Regulations Inspector, who may add comments and then Traffic Division, Federal Aviation (14 CFR part 39) as follows: send it to the Manager, Seattle ACO. Administration, Southwest Region, Fort Note 2: Information concerning the Worth, TX 76193–0530; telephone: (817) PART 39ÐAIRWORTHINESS existence of approved alternative methods of 222–5593. DIRECTIVES compliance with this AD, if any, may be SUPPLEMENTARY INFORMATION: obtained from the Seattle ACO. 1. The authority citation for part 39 Comments Invited continues to read as follows: (c) Special flight permits may be issued in accordance with sections 21.197 and 21.199 Interested parties are invited to Authority: 49 U.S.C. 106(g), 40113, 44701. of the Federal Aviation Regulations (14 CFR participate in this proposed rulemaking § 39.13 [Amended] 21.197 and 21.199) to operate the airplane to by submitting such written data, views, 2. Section 39.13 is amended by a location where the requirements of this AD or arguments as they may desire. adding the following new airworthiness can be accomplished. Comments that provide the factual basis directive: Issued in Renton, Washington, on June 13, supporting the views and suggestions 1996. presented are particularly helpful in Boeing: Docket 95–NM–106–AD. developing reasoned regulatory James V. Devany, Applicability: Model 727 and 737 airplanes decisions on the proposal. Comments equipped with forward and/or aft auxiliary Acting Manager, Transport Airplane are specifically invited on the overall fuel tanks that have been deactivated, Directorate, Aircraft Certification Service. certificated in any category. regulatory, aeronautical, economic, [FR Doc. 96–15604 Filed 6–18–96; 8:45 am] environmental, and energy-related Note 1: This AD applies to each airplane BILLING CODE 4910±13±U identified in the preceding applicability aspects of the proposal. provision, regardless of whether it has been Communications should identify the otherwise modified, altered, or repaired in airspace docket number and be the area subject to the requirements of this submitted in triplicate to the address 31064 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules listed under the caption ADDRESSES. The FAA has determined that this Issued in Fort Worth, TX on June 11, 1996. Commenters wishing the FAA to proposed regulation only involves an Albert L. Viselli, acknowledge receipt of their comments established body of technical Acting Manger, Air Traffic Division, on this notice must submit, with those regulations that need frequent and Southwest Region. comments, a self-addressed, stamped, routine amendments to keep them [FR Doc. 96–15421 Filed 6–18–96; 8:45 am] postcard containing the following operationally current. It, therefore—(1) BILLING CODE 4910±13±M statement: ‘‘Comments to Airspace Is not a ‘‘significant regulatory action’’ Docket No. 96–ASW–15.’’ The postcard under Executive Order 12866; (2) is not will be date and time stamped and a ‘‘significant rule’’ under DOT 14 CFR Part 71 returned to the commenter. All Regulatory Policies and Procedures (44 communications received on or before [Airspace Docket No. 96±ASW±12] FR 11034; February 26, 1979); and (3) the specified closing date for comments does not warrant preparation of a Proposed Revision of Class E will be considered before taking action Airspace; Clinton, OK on the proposed rule. The proposal regulatory evaluation as the anticipated contained in this notice may be changed impact is so minimal. Since this is a AGENCY: Federal Aviation in the light of comments received. All routine matter that will only affect air Administration (FAA), DOT. comments submitted will be available traffic procedures and air navigation, it ACTION: Notice of proposed rulemaking. for examination in the Office of the is certified that this rule, when Assistant Chief Counsel, Federal promulgated, will not have a significant SUMMARY: This notice proposes to revise Aviation Administration, Southwest impact on a substantial number of small the Class E airspace extending upward Region, 2601 Meacham Boulevard, Fort entities under the criteria of the from 700 feet above ground level (AGL) Worth, TX, both before and after the Regulatory Flexibility Act. at Clinton, OK. A new Global closing date for comments. A report Positioning System (GPS) Standard summarizing each substantive public List of Subjects in 14 CFR Part 71 Instrument Approach Procedure (SIAP) to Runway (RWY) 35 at Clinton contact with FAA personnel concerned Airspace, Incorporation by reference, Municipal Airport has made this with this rulemaking will be filed in the Navigation (air). docket. proposal necessary. The intended effect The Proposed Amendment of this proposal is to provide adequate Availability of NPRM’s controlled airspace for aircraft executing Any person may obtain a copy of this In consideration of the foregoing, the the GPS SIAP to RWY 35 at Clinton, OK. Notice of Proposed Rulemaking (NPRM) Federal Aviation Administration DATES: Comments must be received on by submitting a request to the proposes to amend 14 CFR part 71 as or before August 19, 1996. Operations Branch, Air Traffic Division, follows: ADDRESSES: Send comments on the Federal Aviation Administration, proposal in triplicate to Manager, PART 71Ð[AMENDED] Southwest Region, Fort Worth, TX Operations Branch, Air Traffic Division, 76193–0530. Communications must Federal Aviation Administration, 1. The authority citation for 14 CFR identify the notice number of this Southwest Region, Docket No. 96– part 71 continues to read as follows: NPRM. Persons interested in being ASW–12, Fort Worth, TX 76193–0530. placed on a mailing list for further Authority: 49 U.S.C. 40103, 40113, 40120; The official docket may be examined NPRM’s should also request a copy of E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 in the Office of the Assistant Chief Advisory Circular No. 11–2A that Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Counsel, Federal Aviation describes the application procedure. 11.69. Administration, Southwest Region, 2601 Meacham Boulevard, Fort Worth, TX, The Proposal § 71.1 [Amended] The FAA is considering an between 9:00 a.m. and 3:00 p.m., amendment to part 71 of the Federal 2. The incorporation by reference in Monday through Friday, except Federal Aviation Regulations (14 CFR part 71) to 14 CFR 71.1 of the Federal Aviation holidays. An informal docket may also establish Class D airspace, controlled Administration Order 7400.9C, Airspace be examined during normal business airspace extending upward from the Designations and Reporting Points, hours at the Operations Branch, Air surface to and including 2,900 feet MSL, dated August 17, 1995, and effective Traffic Division, Federal Aviation at McKinney Municipal Airport, September 16, 1995, is amended as Administration, Southwest Region, 2601 McKinney, TX. An air traffic control follows: Meacham Boulevard, Fort Worth, TX. FOR FURTHER INFORMATION CONTACT: tower at the airport provides air traffic Paragraph 5000 Class D airspace areas. control services for aircraft operating at Donald J. Day, Operations Branch, Air the airport. The intended effect of this * * * * * Traffic Division, Federal Aviation Administration, Southwest Region, Fort proposal is to provide adequate Class D ASW TX D McKinney, TX [New] airspace at McKinney Municipal Worth, TX 76193–0530; telephone: (817) McKinney, McKinney Municipal Airport, TX 222–5593. Airport, McKinney, TX. (Lat. 33°10′50′′ N., long. 096°35′26′′ W.) The coordinates for this airspace SUPPLEMENTARY INFORMATION: docket are based on North American That airspace extending upward from the Datum 83. Designated Class D airspace surface to and including 2,900 feet MSL Comments Invited areas are published in Paragraph 5000 of within a 4.0-mile radius of McKinney Interested parties are invited to FAA Order 7400.9C, dated August 17, Municipal Airport. This Class D airspace is participate in this proposed rulemaking 1995, and effective September 16, 1995, effective during the specific dates and times by submitting such written data, views, which is incorporated by reference in 14 established in advance by a Notice to or arguments as they may desire. Airmen. The effective date and time will CFR 71.1. The Class D airspace Comments that provide the factual basis thereafter be continuously published in the designation listed in this document supporting the views and suggestions Airport/Facility Directory. would be published subsequently in the presented are particularly helpful in order. * * * * * developing reasoned regulatory Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31065 decisions on the proposal. Comments in Paragraph 6005 of FAA Order extending from the 6.5-mile radius to 15.8 are specifically invited on the overall 7400.9C, dated August 17, 1995, and miles south of the airport. regulatory, aeronautical, economic, effective September 16, 1995, which is * * * * * environmental, and energy-related incorporated by reference in 14 CFR Issued in Fort Worth, TX on June 11, 1996. aspects of the proposal. 71.1. The Class E airspace designation Albert L. Viselli, Communications should identify the listed in this document would be Acting Manager, Air Traffic Division, airspace docket number and be published subsequently in the order. Southwest Region. submitted in triplicate to the address The FAA has determined that this [FR Doc. 96–15426 Filed 6–18–96; 8:45 am] listed under the caption ADDRESSES. proposed regulation only involves an BILLING CODE 4910±13±M Commenters wishing the FAA to established body of technical acknowledge receipt of their comments regulations that need frequent and on this notice must submit, with those routine amendments to keep them 14 CFR Part 71 comments, a self-addressed, stamped, operationally current. It, therefore—(1) [Airspace Docket No. 96±ASW±10] postcard containing the following Is not a ‘‘significant regulatory action’’ statement: ‘‘Comments to Airspace under Executive Order 12866; (2) is not Proposed Revision of Class E Docket No. 96–ASW–12.’’ The postcard a ‘‘significant rule’’ under DOT Airspace; Paragould, AR will be date and time stamped and Regulatory Policies and Procedures (44 returned to the commenter. All FR 11034; February 26, 1979); and (3) AGENCY: Federal Aviation communications received on or before does not warrant preparation of a Administration (FAA), DOT. the specified closing date for comments regulatory evaluation as the anticipated ACTION: Notice of proposed rulemaking. will be considered before taking action impact is so minimal. Since this is a SUMMARY: This notice proposes to revise on the proposed rule. The proposal routine matter that will only affect air the Class E airspace extending upward contained in this notice may be changed traffic procedures and air navigation, it from 700 feet above ground level (AGL) in the light of comments received. All is certified that this rule, when at Paragould, AR. A new Nondirectional comments submitted will be available promulgated, will not have a significant Radio Beacon (NDB) Standard for examination in the Office of the impact on a substantial number of small Instrument Approach Procedure (SIAP) Assistant Chief Counsel, Federal entities under the criteria of the to Runway (RWY) 04 at Kirk Field has Aviation Administration, Southwest Regulatory Flexibility Act. Region, 2601 Meacham Boulevard, Fort made this proposal necessary. The Worth, TX, both before and after the List of Subjects in 14 CFR Part 71 intended effect of this proposal is to provide adequate controlled airspace for closing date for comments. A report Airspace, Incorporation by reference, aircraft executing the NDB SIAP to RWY summarizing each substantive public Navigation (air). contact with FAA personnel concerned 04 at Paragould, AR. with this rulemaking will be filed in the The Proposed Amendment DATES: Comments must be received on docket. In consideration of the foregoing, the or before August 19, 1996. Availability of NPRM’s Federal Aviation Administration ADDRESSES: Send comments on the proposal in triplicate to Manager, Any person may obtain a copy of this proposes to amend 14 CFR part 71 as follows: Operations Branch, Air Traffic Division, Notice of Proposed Rulemaking (NPRM) Federal Aviation Administration, by submitting a request to the PART 71Ð[AMENDED] Southwest Region, Docket No. 96– Operations Branch, Air Traffic Division, ASW–10, Fort Worth, TX 76193–0530. Federal Aviation Administration, 1. The authority citation for 14 CFR The official docket may be examined Southwest Region, Fort Worth, TX part 71 continues to read as follows: in the Office of the Assistant Chief 76193–0530. Communications must Authority: 49 U.S.C. 40103, 40113, 40120; Counsel, Federal Aviation identify the notice number of this E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Administration, Southwest Region, 2601 NPRM. Persons interested in being Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Meacham Boulevard, Fort Worth, TX, placed on a mailing list for future 11.69. between 9:00 a.m. and 3:00 p.m., NPRM’s should also request a copy of Monday through Friday, except Federal § 71.1 [Amended] Advisory Circular No. 11–2A that holidays. An informal docket may also describes the application procedure. 2. The incorporation by reference in be examined during normal business The Proposal 14 CFR 71.1 of the Federal Aviation hours at the Operations Branch, Air Administration Order 7400.9C, Airspace Traffic Division, Federal Aviation The FAA is considering an Designations and Reporting Points, Administration, Southwest Region, 2601 amendment to part 71 of the Federal dated August 17, 1995, and effective Meacham Boulevard, Fort Worth, TX. Aviation Regulations (14 CFR part 71) to September 16, 1995, is amended as FOR FURTHER INFORMATION CONTACT: revise the Class E airspace, controlled follows: airspace extending upward from 700 Donald J. Day, Operations Branch, feet AGL, at Clinton Municipal Airport, Paragraph 6005 Class E airspace areas Federal Aviation Administration, Clinton, OK. A new GPS SIAP to RWY extending upward from 700 feet or more Southwest Region, Fort Worth, TX above the surface of the earth. 35 has made this proposal necessary. 76193–0530; telephone (817) 222–5593. * * * * * The intended effect of this proposal is SUPPLEMENTARY INFORMATION: to provide adequate Class E airspace for ASW OK E5 Clinton Municipal Airport, OK. Comments Invited aircraft executing the GPS SIAP to Rwy Clinton Municipal Airport, OK. 35 at Clinton, OK. (Lat. 35°32′18′′ N., long. 98°55′58′′ W.) Interested parties are invited to The coordinates for this airspace That airspace extending upward from 700 participate in this proposed rulemaking docket are based on North American feet above the surface within a 6.5-mile by submitting such written data, views, Datum 83. Designated Class E airspace radius of Clinton Municipal Airport and or arguments as they may desire. areas extending upward from 700 feet or within 4 miles each side of the 179° bearing Comments that provide the factual basis more above ground level are published from the Clinton Municipal Airport supporting the views and suggestions 31066 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules presented are particularly helpful in areas extending upward from 700 feet or radius of Kirk Field, and within 2.5-miles developing reasoned regulatory more above ground level are published each side of the 038° bearing to the Paragould decisions on the proposal. Comments in Paragraph 6005 of FAA Order NDB extending from the 6.4-mile radius to are specifically invited on the overall 7400.9C, dated August 17, 1995, and 9.5-miles southwest of the airport. regulatory, aeronautical, economic, effective September 16, 1995, which is * * * * * environmental, and energy-related incorporated by reference in 14 CFR Issued in Fort Worth, TX on June 11, 1996. aspects of the proposal. 71.1. The Class E airspace designation Albert L. Viselli, Communications should identify the listed in this document would be Acting Manager, Air Traffic Division, airspace docket number and be published subsequently in the order. Southwest Region. submitted in triplicate to the address The FAA has determined that this [FR Doc. 96–15424 Filed 6–18–96; 8:45 am] listed under the caption ADDRESSES. proposed regulation only involves an BILLING CODE 4910±13±M Commenters wishing the FAA to established body of technical acknowledge receipt of their comments regulations that need frequent and on this notice must submit, with those routine amendments to keep them 14 CFR Part 71 comments, a self-addressed, stamped, operationally current. It, therefore—(1) postcard containing the following Is not a ‘‘significant regulatory action’’ [Airspace Docket No. 96±ASW±05] statement: ‘‘Comments to Airspace under Executive Order 12866; (2) is not Docket No. 96–ASW–10.’’ The postcard a ‘‘significant rule’’ under DOT Proposed Establishment of Class E will be date and time stamped and Regulatory Policies and Procedures (44 Airspace: Sonora Canyon Ranch returned to the commenter. All FR 11034; February 26, 1979); and (3) Airport, TX communications received on or before does not warrant preparation of a the specified closing date for comments regulatory evaluation as the anticipated AGENCY: Federal Aviation will be considered before taking action impact is so minimal. Since this is a Administration (FAA), DOT. on the proposed rule. The proposal routine matter that will only affect air ACTION: Notice of proposed rulemaking. contained in this notice may be changed traffic procedures and air navigation, it in the light of comments received. All is certified that this rule, when comments submitted will be available SUMMARY: This notice proposes to promulgated, will not have a significant establish Class E airspace extending for examination in the Office of the impact on a substantial number of small Assistant Chief Counsel, Federal upward from 700 feet above ground entities under the criteria of the level (AGL) at Canyon Ranch Airport, Aviation Administration, Southwest Regulatory Flexibility Act. Region, 2601 Meacham Boulevard, Fort Sonora, TX. The development of a Very Worth, TX, both before and after the List of Subjects in 14 CFR Part 71 High Frequency Omnidirectional Range closing date for comments. A report Airspace, Incorporation by reference, (VOR)/Distance Measuring Equipment summarizing each substantive public Navigation (air). (DME) standard instrument approach contact with FAA personnel concerned procedure (SIAP) to Runway (RWY) 32 The Proposed Amendment with this rulemaking will be filed in the has made this proposal necessary. The docket. In consideration of the foregoing, the intended effect of this proposal is to Federal Aviation Administration provide adequate controlled airspace for Availability of NPRM’s proposes to amend 14 CFR part 71 as aircraft executing the VOR/DME SIAP to Any person may obtain a copy of this follows: RWY 32 at Canyon Ranch Airport, Notice of Proposed Rulemaking (NPRM) Sonora, Texas. PART 71Ð[AMENDED] by submitting a request to the DATES: Comments must be received on Operations Branch, Air Traffic Division, 1. The authority citation for 14 CFR or before August 19, 1996. Federal Aviation Administration, part 71 continues to read as follows: Southwest Region, Fort Worth, TX ADDRESSES: Send comments on the 76193–0530. Communications must Authority: 49 U.S.C. 40103, 40113, 40120; proposal in triplicate to Manager, identify the notice number of this E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Operations Branch, Air Traffic Division, Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Federal Aviation Administration, NPRM. Persons interested in being 11.69. placed on a mailing list for future Southwest Region, Docket No. 96– NPRM’s should also request a copy of § 71.1 [Amended] ASW–05, Fort Worth, TX 76193–0530. Advisory Circular No. 11–2A that 2. The incorporation by reference in The official docket may be examined describes the application procedure. 14 CFR 71.1 of the Federal Aviation in the Office of the Assistant Chief The Proposal Administration Order 7400.9C, Airspace Counsel, Federal Aviation Designations and Reporting Points, Administration, Southwest Region, 2601 The FAA is considering an dated August 17, 1995, and effective Meacham Boulevard, Fort Worth, TX, amendment to part 71 of the Federal September 16, 1995, is amended as between 9:00 AM and 3:00 PM, Monday Aviation Regulations (14 CFR part 71) to follows: through Friday, except Federal holidays. revise the Class E airspace, controlled Paragraph 6005 Class E airspace areas An informal docket may also be airspace extending upward from 700 examined during normal business hours feet AGL at Kirk Field, Paragould, AR. extending upward from 700 feet or more above the surface of the earth. at the Operations Branch, Air Traffic A new NDB SIAP to RWY 04 has made * * * * * Division, Federal Aviation this proposal necessary. The intended Administration, Southwest Region, 2601 effect of this proposal is to provide ASW AR E5 Paragould, AR [Revised] Meacham Boulevard, Fort Worth, TX. adequate Class E airspace for aircraft Kirk Field, AR executing the NDB SIAP to RWY 04 at (Lat. 36°03′49′′ N., long. 90°30′36′′ N.) FOR FURTHER INFORMATION CONTACT: Paragould, AR. Paragould NDB Donald J. Day, Operations Branch, The coordinates for this airspace (Lat. 36°03′46′′ N., long. 90°30′40′′ N.) Federal Aviation Administration, docket are based on North American That airspace extending upward from 700 Southwest Region, Fort Worth, TX Datum 83. Designated Class E airspace feet above the surface within a 6.4-mile 76193–0530; telephone: (817) 222–5593. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31067

SUPPLEMENTARY INFORMATION: Sonora, TX. The development of a VOR/ September 16, 1995, is amended as Comments Invited DME SIAP to RWY 32 has made this follows: proposal necessary. Designated airspace Paragraph 6005 Class E airspace areas Interested parties are invited to extending upward from 700 feet above participate in this proposed rulemaking extending upward from 700 feet or more the ground is now Class E airspace. The above the surface of the earth. by submitting such written data, views, intended effect of this proposal is to * * * * * or arguments as they may desire. provide adequate Class E airspace for Comments that provide the factual basis aircraft executing the VOR/DME SIAP to ASW TX E5 Sonora Canyon Ranch, TX supporting the views and suggestions RWY 32 at Canyon Ranch Airport, [New] presented are particularly helpful in Sonora, TX. The coordinates for this Sonora, Canyon Ranch Airport, TX developing reasoned regulatory airspace docket are based on North (Lat. 30°18′06′′ N., long. 100°28′19′′ W.) decisions on the proposal. Comments Rocksprings VOR American Datum 83. ° ′ ′′ ° ′ ′′ are specifically invited on the overall Designated Class E airspace areas (Lat. 30 00 53 N., long. 100 17 59 W.) regulatory, aeronautical, economic, extending upward from 700 feet or more That airspace extending upward from 700 environmental, and enrgy-related above ground level are published in feet above the surface within a 6.6-mile radius of Canyon Ranch Airport, and within aspects of the proposal. Paragraph 6005 of FAA Order 7400.9C Communications should identify the 1.8 miles each side of the 333° bearing from dated August 17, 1995, and effective the Rocksprings VOR extending from the 6.6- airspace docket number and be September 16, 1995, which is submitted in triplicate to the address mile radius to 7.6 miles southeast of the incorporated by reference in 14 CFR airport, excluding that airspace which listed under the caption ADDRESSES. 71.1. The Class E airspace designation overlies the Rocksprings Four Square Ranch Commenters wishing the FAA to listed in this document would be Airport Class E area. acknowledge receipt of their comments published subsequently in the order. * * * * * on this notice must submit, with those The FAA has determined that this Issued in Fort Worth, TX on June 11, 1996. comments, a self-addressed, stamped, proposed regulation only involves an Albert L. Viselli, postcard containing the following established body of technical statement: ‘‘Comments to Airspace Acting Manager, Air Traffic Division, regulations that need frequent and Southwest Region. Docket No. 96–ASW–05.’’ The postcard routine amendments to keep them will be date and time stamped and [FR Doc. 96–15423 Filed 6–18–96; 8:45 am] operationally current. It, therefore—(1) returned to the commenter. All BILLING CODE 4910±13±M Is not a ‘‘significant regulatory action’’ communications received on or before under Executive Order 12866; (2) is not the specified closing date for comments a ‘‘significant rule’’ under DOT 14 CFR Part 71 will be considered before taking action Regulatory Policies and Procedures (44 on the proposed rule. The proposal [Airspace Docket No. 96±ASW±06] FR 11034; February 26, 1979); and (3) contained in this notice may be changed does not warrant preparation of a in the light of comments received. All Proposed Establishment of Class E regulatory evaluation as the anticipated comments submitted will be available Airspace: Panhandle, TX impact is so minimal. Since this is a for examination in the Office of the routine matter that will only affect air AGENCY: Federal Aviation Assistant Chief Counsel, Federal traffic procedures and air navigation, it Administration (FAA), DOT. Aviation Administration, Southwest is certified that this rule, when ACTION: Notice of proposed rulemaking. Region, 2601 Meacham Boulevard, Fort promulgated, will not have a significant Worth, TX, both before and after the impact on a substantial number of small SUMMARY: This notice proposed to closing date for comments. A report entities under the criteria of the establish Class E airspace extending summarizing each substantive public Regulatory Flexibility Act. upward from 700 feet above ground contact with FAA personnel concerned level (AGL) at Panhandle-Carson County with this rulemaking will be filed in the List of Subjects in 14 CFR Part 71 Airport, Panhandle, TX. The docket. Airspace, Incorporation by reference, development of a Global Positioning Availability of NPRM’s Navigation (air). System (GPS) Standard Instrument Approach Procedure (SIAP) to Runway Any person may obtain a copy of this The Proposed Amendment (RWY) 35 has made this proposal Notice of Proposed Rulemaking (NPRM) In consideration of the foregoing, the necessary. The intended effect of this by submitting a request to the Federal Aviation Administration proposal is to provide adequate Operations Branch, Air Traffic Division, proposes to amend 14 CFR part 71 as controlled airspace for aircraft executing Federal Aviation Administration, follows: the GPS SIAP to RWY 35 at Panhandle- Southwest Region, Fort Worth, TX Carson County Airport, Panhandle, TX. 76193–0530. Communications must PART 71Ð[AMENDED] identify the notice number of this DATES: Comments must be received on NPRM. Persons interested in being 1. The authority citation for 14 CFR or before August 19, 1996. placed on a mailing list for future part 71 continues to read as follows: ADDRESSES: Send comments on the proposal in triplicate to Manager, NPRM’s should also request a copy of Authority: 49 U.S.C. 40103, 40113, 40120; Advisory Circular No. 11–2A that E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 Operations Branch, Air Traffic Division, describes the application procedure. Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Federal Aviation Administration, 11.69. Southwest Region, Docket No. 96– The Proposal ASW–06, Fort Worth, TX 76193–0530. The FAA is considering an § 71.1 [Amended] The official docket may be examined in amendment to part 71 of the Federal 2. The incorporation by reference in the Office of the Assistant Chief Aviation Regulations (14 CFR part 71) to 14 CFR 71.1 of the Federal Aviation Counsel, Federal Aviation establish Class E airspace, controlled Administration Order 7400.9C, Airspace Administration, Southwest Region, 2601 airspace extending upward from 700 Designations and Reporting Points, Meacham Boulevard, Forth Worth, TX, feet AGL, at Canyon Ranch Airport, dated August 17, 1995, and effective between 9:00 AM and 3:00 PM, Monday 31068 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules through Friday, except Federal holidays. NPRM. Persons interested in being PART 71Ð[AMENDED] An informal docket may also be placed on a mailing list for future examined during normal business hours NPRM’s should also request a copy of 1. The authority citation for 14 CFR at the Operations Branch, Air Traffic Advisory Circular No. 11–2A that part 71 continues to read as follows: Division, Federal Aviation describes the application procedure. Authority: 49 U.S.C. 40103, 40113, 40120; Administration, Southwest Region, 2601 E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 Meacham Boulevard, Fort Worth, TX. The Proposal Comp., p. 389; 49 U.S.C. 106(g); 14 CFR 11.69. FOR FURTHER INFORMATION CONTACT: The FAA is considering an Donald J. Day, Operations Branch, amendment to part 71 of the Federal § 71.1 [Amended] Federal Aviation Administration, Aviation Regulations (14 CFR part 71) to 2. The incorporation by reference in Southwest Region, Forth Worth, TX establish Class E airspace, controlled 14 CFR 71.1 of the Federal Aviation 76193–0530; telephone: (817) 222–5593. airspace extending upward from 700 Administration Order 7400.9C, Airspace SUPPLEMENTARY INFORMATION: feet AGL at Panhandle-Carson County Designations and Reporting Points, Airport, Panhandle, TX. The dated August 17, 1995, and effective Comments Invited development of a GPS SIAP to RWY 35 September 16, 1995, is amended as Interested parties are invited to has made this proposal necessary. follows: participate in this proposed rulemaking Designated airspace extending upward Paragraph 6005 Class E airspace areas by submitting such written data, views, from 700 feet above the ground is now extending upward from 700 feet or more or arguments as they may desire. Class E airspace. The intended effect of above the surface of the earth. Comments that provide the factual basis this proposal is to provide adequate * * * * * supporting the views and suggestions Class E airspace for aircraft executing presented are particularly helpful in the GPS SIAP to RWY 35 at Panhandle- ASW TX E5 Panhandle, TX [New] developing reasoned regulatory Carson County Airport, Panhandle, TX. Panhandle, Panhandle-Carson County decisions on the proposal. Comments Airport, TX The coordinates for this airspace docket ° ′ ′′ ° ′ ′′ are specifically invited on the overall are based on North American Datum 83. (Lat. 35 21 42 N., long. 101 21 54 W.) regulatory, aeronautical, economic, That airspace extending upward from 700 environmental, and energy-related Designated Class E airspace areas feet above the surface within a 6.4-mile aspects of the proposal. extending upward from 700 feet or more radius of Panhandle-Carson County Airport, Communications should identify the above ground level are published in excluding that airspace which overlies the airspace docket number and be Paragraph 6005 of FAA Order 7400.9C Amarillo, TX Class E area. submitted in triplicate to the address dated August 17, 1995, and effective * * * * * listed under the caption ADDRESSES. September 16, 1995, which is Issued in Fort Worth, TX on June 11, 1996. Commenters wishing the FAA to incorporated by reference in 14 CFR Albert L. Viselli, acknowledge receipt of their comments 71.1. The Class E airspace designation Acting Manager, Air Traffic Division, on this notice must submit, with those listed in this document would be Southwest Region. comments, a self-addressed, stamped, published subsequently in the order. [FR Doc. 96–15422 Filed 6–18–96; 8:45 am] postcard containing the following The FAA has determined that this BILLING CODE 4910±13±M statement: ‘‘Comments to Airspace proposed regulation only involves an Docket No. 96–ASW–06.’’ The postcard established body of technical will be date and time stamped and regulations that need frequent and 14 CFR Part 71 returned to the commenter. All routine amendments to keep them [Airspace Docket No. 96±ASW±07] communications received on or before operationally current. It, therefore—(1) the specified closing date for comments Is not a ‘‘significant regulatory action’’ Proposed Revision of Class E will be considered before taking action under Executive Order 12866; (2) is not Airspace: Ardmore, OK on the proposed rule. The proposal a ‘‘significant rule’’ under DOT AGENCY: Federal Aviation contained in this notice may be changed Regulatory Policies and Procedures (44 Administration (FAA), DOT. in the light of comments received. All FR 11034; February 26, 1979); and (3) comments submitted will be available does not warrant preparation of a ACTION: Notice of proposed rulemaking. for examination in the Office of the regulatory evaluation as the anticipated SUMMARY: This notice proposes to revise Assistant Chief Counsel, Federal impact is so minimal. Since this is a Class E airspace extending upward from Aviation Administration, Southwest routine matter that will only affect air the surface at Ardmore Municipal Region, 2601 Meacham Boulevard, Fort traffic procedures and air navigation, it Airport, Ardmore, OK. The need to Worth, TX, both before and after the is certified that this rule, when extend the Class E airspace to closing date for comments. A report promulgated, will not have a significant encompass the Very High Frequency summarizing each substantive public impact on a substantial number of small Omnidirectional Range (VOR) Standard contact with FAA personnel concerned entities under the criteria of the Instrument Approach Procedure (SIAP) with this rulemaking will be filed in the Regulatory Flexibility Act. to Runway (RWY) 04 has made this docket. List of Subjects in 14 CFR Part 71 proposal necessary. The intended effect Availability of NPRM’s of this proposal is to provide adequate Any person may obtain a copy of this Airspace, Incorporation by reference, controlled airspace for aircraft executing Notice of Proposed Rulemaking (NPRM) Navigation (air). the VOR SIAP to RWY 04 at Ardmore Municipal Airport, Ardmore, OK. by submitting a request to the The Proposed Amendment Operations Branch, Air Traffic Division, DATES: Comments must be received on Federal Aviation Administration, In consideration of the foregoing, the or before August 19, 1996. Southwest Region, Fort Worth, TX Federal Aviation Administration ADDRESSES: Send comments on the 76193–0530. Communications must proposes to amend 14 CFR part 71 as proposal in triplicate to Manager, identify the notice number of this follows: Operations Branch, Air Traffic Division, Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31069

Federal Aviation Administration, Availability of NPRM’s List of Subjects in 14 CFR Part 71 Southwest Region, Docket No. 96– Airspace, Incorporation by reference, ASW–07, Fort Worth, TX 76193–0530. And person may obtain a copy of this Notice of Proposed Rulemaking (NPRM) Navigation (air). The official docket may be examined by submitting a request to the The Proposed Amendment in the Office of the Assistant Chief Operations Branch, Air Traffic Division, Counsel, Federal Aviation Federal Aviation Administration, In consideration of the foregoing, the Administration, Southwest Region, 2601 Southwest Region, Fort Worth, TX Federal Aviation Administration Meacham Boulevard, Fort Worth, TX, 76193–0530. Communications must proposes to amend 14 CFR part 71 as between 9:00 AM and 3:00 PM, Monday identify the notice number of this follows: through Friday, except Federal holidays. NPRM. Persons interested in being PART 71Ð[AMENDED] An informal docket may also be placed on a mailing list for future examined during normal business hours NPRM’s should also request a copy of 1. The authority citation for 14 CFR at the Operations Branch, Air Traffic Advisory Circular No. 11–2A that part 71 continues to read as follows: Division, Federal Aviation describes the application procedure. Administration, Southwest Region, 2601 Authority: 49 U.S.C. 40103, 40113, 40120; Meacham Boulevard, Fort Worth, TX. The Proposal E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR FOR FURTHER INFORMATION CONTACT: The FAA is considering an 11.69. Donald J. Day, Operations Branch, amendment to part 71 of the Federal § 71.1 [Amended] Federal Aviation Administration, Aviation Regulations (14 CFR part 71) to Southwest Region, Fort Worth, TX revise Class E airspace, controlled 2. The incorporation by reference in 76193–0530; telephone: (817) 222–5593. airspace extending upward from the 14 CFR 71.1 of the Federal Aviation surface at Ardmore Municipal Airport, Administration Order 7400.9C, Airspace SUPPLEMENTARY INFORMATION: Ardmore, OK. The need to extend the Designations and Reporting Points, Comments Invited Class E airspace to encompass the dated August 17, 1995, and effective current VOR SIAP to RWY 04 has made September 16, 1995, is amended as Interested parties are invited to follows: participate in this proposed rulemaking this proposal necessary. Designated by submitting such written data, views, airspace extending upward from surface Paragraph 6004 Class E airspace areas is now Class E airspace, which extends designated as an extension to a Class D or or arguments as they may desire. Class E surface area. Comments that provide the factual basis from the Class D surface airspace. The supporting the views and suggestions intended effect of this proposal is to * * * * * provide adequate Class E surface presented are particularly helpful in ASW OK E4 Ardmore, OK [Revised] developing reasoned regulatory airspace for aircraft executing the VOR SIAP to RWY 04 at Ardmore Municipal Ardmore, Ardmore Municipal Airport decisions on the proposal. Comments (lat. 34°18′12′′ N., long. 097°01′02′′ W.) Airport, Ardmore, OK. The coordinates are specifically invited on the overall Ardmore VORTAC regulatory, aeronautical, economic, for this airspace docket are based on (lat. 34°12′42′′ N., long. 097°10′06′′ W.) North American Datum 83. environmental, and energy-related That airspace extending upward from the aspects of the proposal. Designated Class E airspace areas surface within 1.3 miles each side of the 056° Communications should identify the extending upward from the surface as radial of the Ardmore VORTAC extending airspace docket number and be an extension of Class D airspace are from the 4.2-mile radius of airport to 8.5 mile submitted in triplicate to the address published in Paragraph 6004 of FAA southwest of the airport. This Class E airspace area is effective during the specific listed under the caption ADDRESSES. Order 7400.9C dated August 17, 1995, and effective September 16, 1995, which dates and times established in advance by a Commenters wishing the FAA to Notice to Airman. The effective date and time acknowledge receipt of their comments is incorporated by reference in 14 CFR will thereafter be continuously published in on this notice must submit, with those 71.1 The Class E airspace designation the Airport/Facility Directory. listed in this document would be comments, a self-addressed, stamped, * * * * * postcard containing the following published subsequently in the order. Issued in Fort Worth, TX on June 11, 1996. statement: ‘‘Comments to Airspace The FAA has determined that this Albert L. Viselli, Docket No. 96–ASW–07.’’ The postcard proposed regulation only involves an Acting Manager, Air Traffic Division, will be date and time stamped and established body of technical Southwest Region. returned to the commenter. All regulations that need frequent and [FR Doc. 96–15420 Filed 6–18–96; 8:45 am] communications received on or before routine amendments to keep them BILLING CODE 4910±13±M the specified closing date for comments operationally current. It, therefore—(1) will be considered before taking action is not a ‘‘significant regulatory action’’ on the proposed rule. The proposal under Executive Order 12866; (2) is not 14 CFR Part 71 contained in this notice may be changed a ‘‘significant rule’’ under DOT in the light of comments received. All Regulatory Policies and Procedures (44 [Airspace Docket No. 96±ASW±09] comments submitted will be available FR 11034; February 26, 1979); and (3) Proposed Revision of Class E for examination in the Office of the does not warrant preparation of a Airspace; Pauls Valley, OK Assistant Chief Counsel, Federal regulatory evaluation as the anticipated Aviation Administration, Southwest impact is so minimal. Since this is a AGENCY: Federal Aviation Region, 2601 Meacham Boulevard, Fort routine matter that will only affect air Administration (FAA), DOT. Worth, TX, both before and after the traffic procedures and air navigation, it ACTION: Notice of proposed rulemaking. closing date for comments. A report is certified that this rule, when summarizing each substantive public promulgated, will not have a significant SUMMARY: This notice proposes to revise contact with FAA personnel concerned impact on a substantial number of small the Class E airspace extending upward with this rulemaking will be filed in the entities under the criteria of the from 700 feet above ground level (AGL) docket. Regulatory Flexibility Act. at Pauls Valley, OK. A new Global 31070 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules

Positioning System (GPS) Standard the specified closing date for comments does not warrant preparation of a Instrument Approach Procedure (SIAP) will be considered before taking action regulatory evaluation as the anticipated to Runway (RWY) 35 and an amended on the proposed rule. The proposal impact is so minimal. Since this is a Nondirectional Radio Beacon (NDB) contained in this notice may be changed routine matter that will only affect air SIAP to RWY 35 at Pauls Valley in the light of comments received. All traffic procedures and air navigation, it Municipal Airport has made this comments submitted will be available is certified that this rule, when proposal necessary. The intended effect for examination in the Office of the promulgated, will not have a significant of this proposal is to provide adequate Assistant Chief Counsel, Federal impact on a substantial number of small controlled airspace for aircraft executing Aviation Administration, Southwest entities under the criteria of the the GPS and NDB SIAP to RWY 35 at Region, 2601 Meacham Boulevard, Fort Regulatory Flexibility Act. Pauls Valley, OK. Worth, TX, both before and after the DATES: Comments must be received on closing date for comments. A report List of Subjects in 14 CFR Part 71 or before August 19, 1996. summarizing each substantive public Airspace, Incorporation by reference, ADDRESSES: Send comments on the contact with FAA personnel concerned proposal in triplicate to Manager, with this rulemaking will be filed in the Navigation (air). Operations Branch, Air Traffic Division, docket. The Proposed Amendment Federal Aviation Administration, Availability of NPRM’s Southwest Region, Docket No. 96– In consideration of the foregoing, the ASW–09, Fort Worth, TX 76193–0530. Any person may obtain a copy of this Federal Aviation Administration The official docket may be examined Notice of Proposed Rulemaking (NPRM) proposes to amend 14 CFR part 71 as by submitting a request to the in the Office of the Assistant Chief follows: Counsel, Federal Aviation Operations Branch, Air Traffic Division, Administration, Southwest Region, 2601 Federal Aviation Administration, PART 71Ð[AMENDED] Meacham Boulevard, Fort Worth, TX, Southwest Region, Fort Worth, TX between 9:00 a.m. and 3:00 p.m., 76193–0530. Communications must 1. The authority citation for 14 CFR Monday through Friday, except Federal identify the notice number of this part 17 continues to read as follows: holidays. An informal docket may also NPRM. Persons interested in being placed on a mailing list for future Authority: 49 U.S.C. 40103, 40113, 40120; be examined during normal business E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 hours at the Operations Branch, Air NPRM’s should also request a copy of Advisory Circular No. 11–2A that Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Traffic Division, Federal Aviation 11.69. Administration, Southwest Region, 2601 describes the application procedure. Meacham Boulevard, Fort Worth, TX. The Proposal § 71.1 [Amended] FOR FURTHER INFORMATION CONTACT: The FAA is considering an 2. The incorporation by reference in Donald J. Day, Operations Branch, Air amendment to part 71 of the Federal 14 CFR 71.1 of the Federal Aviation Traffic Division, Federal Aviation Aviation Regulations (14 CFR part 71) to Administration Order 7400.9C, Airspace Administration, Southwest Region, Fort revise the Class E airspace, controlled Designations and Reporting Points, Worth, TX 76193–0530; telephone: (817) airspace extending upward from 700 222–5593. dated August 17, 1995, and effective feet AGL, at Pauls Valley Municipal September 16, 1995, is amended as SUPPLEMENTARY INFORMATION: Airport, Pauls Valley, OK. A new GPS follows: and an amended NDB SIAP’s to RWY 35 Comments Invited have made this proposal necessary. The Paragraph 6005 Class E airspace areas Interested parties are invited to intended effect of this proposal is to extending upward from 700 feet or more participate in this proposed rulemaking provide adequate Class E airspace for above the surface of the earth. by submitting such written data, views, aircraft executing the GPS and NDB * * * * * or arguments as they may desire. SIAP to Rwy 35 at Pauls Valley, OK. Comments that provide the factual basis The coordinates for this airspace ASW OK E5 Pauls Valley, OK [Revised] supporting the views and suggestions docket are based on North American Pauls Valley Municipal Airport, OK presented are particularly helpful in Datum 83. Designated Class E airspace (Lat. 34°42′45′′ N., long. 97°13′31′′ W.) developing reasoned regulatory areas extending upward from 700 feet or Pauls Valley NBD decisions on the proposal. Comments more above ground level are published (Lat. 34°42′55′′ N., long. 97°13′44′′ W.) are specifically invited on the overall in Paragraph 6005 of FAA Order That airspace extending upward from 700 regulatory, aeronautical, economic, 7400.9C, dated August 17, 1995, and feet above the surface within a 6.6-mile environmental, and energy-related effective September 16, 1995, which is radius of Pauls Valley Municipal Airport and aspects of the proposal. incorporated by reference in 14 CFR within 2.6 miles each side of the 169° bearing Communications should identify the 71.1. The Class E airspace designation from the Pauls Valley NDB extending from airspace docket number and be listed in this document would be the 6.6-mile radius to 7.6 miles south of the submitted in triplicate to the address published subsequently in the order. airport. listed under the caption ADDRESSES. The FAA has determined that this * * * * * Commenters wishing the FAA to proposed regulation only involves an Issued in Fort Worth, TX on June 11, 1996. acknowledge receipt of their comments established body of technical Albert L. Viselli, on this notice must submit, with those regulations that need frequent and comments, a self-addressed, stamped, routine amendments to keep them Acting Manager, Air Traffic Division, Southwest Region. postcard containing the following operationally current. It, therefore—(1) statement: ‘‘Comments to Airspace Is not a ‘‘significant regulatory action’’ [FR Doc. 96–15425 Filed 6–18–96; 8:45 am] Docket No. 96–ASW–09.’’ The postcard under Executive Order 12866; (2) is not BILLING CODE 4910±13±M will be date and time stamped and a ‘‘significant rule’’ under DOT returned to the commenter. All Regulatory Policies and Procedures (44 communications received on or before FR 11034; February 26, 1979); and (3) Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31071

DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: 19.785.25 of this chapter, an event or 1. Background on the Virginia Program condition shall be presumed to be Office of Surface Mining Reclamation unanticipated for the purpose of this and Enforcement On December 15, 1981, the Secretary paragraph if it: arose after permit of the Interior conditionally approved issuance; was related to prior mining; 30 CFR Part 946 the Virginia program. Background and was not identified in the permit. [VA±108±FOR] information on the Virginia program, (b) New subsection (c)(14) has been including the Secretary’s findings, the added to provide that for permits to be Virginia Regulatory Program disposition of comments, and the issued under § 480–03–19.785.25 of this conditions of approval can be found in AGENCY: Office of Surface Mining chapter, the permit application must the December 15, 1981, Federal Register contain: lands eligible for remining; an Reclamation and Enforcement (OSM), (46 FR 61085–61115). Subsequent Interior. identification of the potential actions concerning the conditions of environmental and safety problems ACTION: Proposed rule; public comment approval and program amendments can related to prior mining activity which period and opportunity for public be found at 30 CFR 946.12, 946.13, could reasonably be anticipated to occur hearing. 946.15, and 946.16. at the site; and mitigation plans to SUMMARY: OSM is announcing receipt of II. Discussion of the Proposed sufficiently address these potential a proposed amendment to the Virginia Amendment environmental and safety problems so that reclamation as required by the regulatory program (hereinafter referred By letter dated May 28, 1996 applicable requirements of this chapter to as the Virginia program) under the (Administrative Record No. VA–885), can be accomplished. Surface Mining Control and Virginia submitted amendments to the Reclamation Act of 1977 (SMCRA). The Virginia program concerning remining. 3. § 480–03–19.785.25 Lands Eligible proposed amendment consists of The amendments are intended to make for Remining regulatory changes to implement the the Virginia program consistent with the remining standards of the Federal Federal regulations as amended on This new section contains permitting Energy Policy act of 1992. The November 27, 1995 (60 FR 58480). requirements to implement § 480–03– amendment is intended to revise the Virginia stated that the proposed 19.773.15(b)(4), and provides that: (a) State program to be consistent with the amendments implement the remining Any persons who submits a permit Federal regulations as amended on standards of the Federal Energy Policy application to conduct a surface coal November 27, 1995 (60 FR 58480). Act of 1992. mining operation on lands eligible for DATES: Written comments must be The proposed amendments are as remining must comply with this section. received by 4:00 p.m., on July 19, 1996. follows: (b) any application for a permit under If requested, a public hearing on the this section shall be made according to proposed amendment will be held on 1. § 480–03–19.700.5 Definitions all requirements of this subchapter July 15, 1996. Requests to speak at the (a) ‘‘Lands eligible for remining’’ has applicable to surface coal mining and hearing must be received by 4:00 p.m., been added to mean those lands that reclamation operations. In addition, the on July 5, 1996. would otherwise be eligible for application shall—(1) to the extent not ADDRESSES: Written comments and expenditures under section 404 or otherwise addressed in the permit requests to speak at the hearing should under section 402(g)(4) of the Federal application, identify potential be mailed or hand delivered to Mr. Act. environmental and safety problems Robert A. Penn, Director, Big Stone Gap (b) ‘‘Unanticipated event or related to prior mining activity at the Field Office at the First address listed condition’’ has been added to mean (as site and that could be reasonably below. used in § 480–03–19.773.15), an event anticipated to occur. This identification Copies of the Virginia program, the or condition related to prior mining shall be based on a due diligence proposed amendment, a listing of any activity which arises from a surface coal investigation which shall include visual scheduled public hearings, and all mining and reclamation operation on observations at the site, a record review written comments received in response lands eligible for remining and was not of past mining at the site, and to this document will be available for contemplated by the applicable permit. environmental sampling tailored to public review at the addresses listed current site conditions. (2) with regard 2. § 480–03–19.773.15 Review of to potential environmental and safety below during normal business hours, Permit Applications Monday through Friday, excluding problems referred to in paragraph (b)(1) holidays. Each requestor may receive (a) New subsection (b)(4) has been of this section, described the mitigative one free copy of the proposed added to provide, at (b)(4)(I) that measures that will be taken to ensure amendment by contacting OSM’s Big subsequent to October 24, 1992, the that the applicable reclamation Stolen Gap Field Office. prohibitions of paragraph (b) of this requirements of this chapter can be met. section regarding issuance of a new (c) The requirements of this section Office of Surface Mining Reclamation and shall not apply after September 30, Enforcement, Big Stone Gap Field Office, permit shall not apply to any violation 1941 Neeley Road, Suite 201 Compartment that: Occurs after that date; is unabated; 1004. 116, Big Stone Gap, Virginia 24219, and results from an unanticipated event 4. § 480–03–19.816/817.116 Telephone: (703) 523–4303 or condition that arises from a surface Revegetation: Standards for success Virginia Division of Mined Land coal mining and reclamation operation Reclamation, P.O. Drawer 900, Big Stone on lands that are eligible for remining Subsections (c)(2)(I) have been Gap, Virginia 24219, Telephone: (703) 523– under a permit—issued before amended by adding the phrase ‘‘except 8100. September 30, 2004, or any renewals as provided in paragraph (c)(2)(ii) of this FOR FURTHER INFORMATION CONTACT: thereof, and held by the person making section’’ to the first sentence. This Mr. Robert A. Penn, Director, Big Stone application for the new permit. modification was made in response to Gap Field Office, Telephone: (703) 523– New subsection (b)(4)(ii) provides that the new language added at subsection 4303. for permits issued under § 480–03– (c)(2)(ii), and that is identified below. 31072 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules

New subsections (c)(2)(ii) provide that request a meeting at the Big Stone Gap Regulatory Flexibility Act the responsibility period shall be two Field Office by contacting the person The Department of the Interior has full years for lands eligible for remining listed under FOR FURTHER INFORMATION determined that this rule will not have included in permits issued before CONTACT. All such meetings will be a significant economic impact on a September 30, 2004, or any renewals open to the public and, if possible, substantial number of small entities thereof. To the extent that the success notices of meetings will be posted in under the Regulatory Flexibility Act (5 standards are established by paragraph advance at the locations listed under U.S.C. 601 et seq.). The State submittal (b)(5) of this section, the lands shall ADDRESSES. A written summary of each which is the subject of this rule is based equal or exceed the standards during the public meeting will be made part of the upon counterpart Federal regulations for growing season of the last year of the Administrative Record. which an economic analysis was responsibility period. Any disabled individual who has prepared and certification made that III. Public Comment Procedures need for a special accommodation to such regulations would not have a attend a public hearing should contact significant economic effect upon a In accordance with the provisions of the individual listed under FOR FURTHER substantial number of small entities. 30 CFR 732.17(h), OSM is now seeking INFORMATION CONTACT. Accordingly, this rule will ensure that comments on whether the amendments existing requirements previously proposed by Virginia satisfy the VI. Procedural Determinations promulgated by OSM will be applicable program approval criteria of Executive Order 12866 implemented by the State. In making the 30 CFR 732.15. If the amendments are determination as to whether this rule deemed adequate, they will become part This rule is exempted from review by would have a significant economic of the Virginia program. the Office of Management and Budget impact, the Department relied upon the (OMB) under Executive Order 12866 Written Comments data and assumptions for the (Regulatory Planning and Review). Written comments should be specific, counterpart Federal regulations. Executive Order 12988 pertain only to the issues proposed in Unfunded Mandates this rulemaking, and include The Department of the Interior has This rule will not impose a cost of explanations in support of the conducted the reviews by section 3 of $100 million or more in any given year commenter’s recommendations. Executive Order 12778 (Civil Justice on any governmental entity or the Comments received after the time Reform) and has determined that, to the private sector. indicated under DATES or at locations extent allowed by law, this rule meets other than the Big Stone Gap Field the applicable standards of subsections List of Subjects in 30 CFR Part 946 Office will not necessarily be (a) and (b) of that section. However, Intergovernmental relations, Surface considered in the final rulemaking or these standards are not applicable to the mining, Underground mining. included in the Administrative Record. actual language of State regulatory Dated: June 7, 1996. Public Hearing programs and program amendments Allen D. Klein, since each such program is drafted and Persons wishing to comment at the Regional Director, Appalachian Regional promulgated by a specific State, not by public hearing should contact the Coordinating Center. OSM. Under sections 503 and 505 of person listed under FOR FURTHER [FR Doc. 96–15622 Filed 6–18–96; 8:45 am] SMCRA (30 U.S.C. 1253 and 1255) and INFORMATION CONTACT by close of BILLING CODE 4310±05±M 30 CFR 730.11, 732.15 and business on July 5, 1996. If no one 732.17(h)(10), decisions on proposed requests an opportunity to comment at State regulatory programs and program a public hearing, the hearing will not be amendments submitted by the States DEPARTMENT OF THE TREASURY held. must be based solely on a determination Filing of a written statement at the Fiscal Service of whether the submittal is consistent time of the hearing is requested as it with SMCRA and its implementing will greatly assist the transcriber. 31 CFR Part 356 Federal regulations and whether the Submission of written statements in other requirements of 30 CFR Parts 730, Office of the Assistant Secretary for advance of the hearing will allow OSM 731, and 732 have been met. Financial Markets; Amendments to the officials to prepare adequate responses Uniform Offering Circular for the Sale and appropriate questions. National Environmental Policy Act and Issue of Marketable Book-Entry The public hearing will continue on Treasury Bills, Notes and Bonds the specified date until all persons No environmental impact statement is scheduled to comment have been heard. required for this rule since section AGENCY: Office of the Assistant Persons in the audience who have not 702(d) of SMCRA [30 U.S.C. 1292(d)] Secretary for Financial Markets, been scheduled to comment, and who provides that agency decisions on Treasury. proposed State regulatory program wish to do so, will be heard following ACTION: Notice of extension of time for provisions do not constitute major those scheduled. The hearing will end submission of comments. after all persons scheduled to comments Federal actions within the meaning of and persons present in the audience section 102(2)(C) of the National SUMMARY: This document extends until who wish to comment have been heard. Environmental Policy Act (42 U.S.C. July 3, 1996, the deadline for the 4332(2)(C)). submission of comments on the Public Meeting Paperwork Reduction Act Advance Notice of Proposed If only one person requests an Rulemaking soliciting comments on the opportunity to comment at a hearing, a This rule does not contain design details, terms and conditions, public meeting, rather than a public information collection requirements that and other features of a new type of hearing, may be held. Persons wishing require approval by OMB under the marketable book-entry security the to meet with OSM representatives to Paperwork Reduction Act (44 U.S.C. Treasury intends to issue. This security, discuss the proposed amendments may 3507 et seq.) an inflation-protection note or bond, Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31073 would have a return linked to the ENVIRONMENTAL PROTECTION Permitting Divison, 1445 Ross inflation rate in prices or wages. The AGENCY Avenue, Suite 700, Dallas, Texas advance notice of proposed rulemaking 75202–2733, telephone (214) 665– was published in the Federal Register 40 CFR Part 52 7214. on May 20, 1996 (61 FR 25164) and [LA±16±1±7165b; FRL±5522±7] Louisiana Department of Environmental comments were to be received on or Quality, Office of Air Quality and before June 19, 1996. Approval and Promulgation of Air Radiation Protection, H. B. Garlock Quality Plans; Louisiana; Revision to Building, 7290 Bluebonnet Blvd., DATES: Comments must be submitted on the State Implementation Plan (SIP); Baton Rouge, Louisiana 70810. or before July 3, 1996. Addressing Ozone Monitoring FOR FURTHER INFORMATION CONTACT: Ms. ADDRESSES: Comments should be sent Jeanne McDaniels, Air Planning Section to: Government Securities Regulations AGENCY: Environmental Protection (6PD–L), Multimedia Planning and Staff, Bureau of the Public Debt, Agency (EPA). Permitting Division, U.S. Environmental Department of the Treasury, 999 E ACTION: Proposed rule. Protection Agency, Region 6, 1445 Ross Street, NW., Room 515, Washington, DC Avenue, Dallas, Texas 75202–2733, SUMMARY: The EPA is proposing to 20239–0001. Comments received will be telephone (214) 665–7254. approve a revision to Louisiana’s SIP for available for public inspection and SUPPLEMENTARY INFORMATION: ozone. This action is based upon a See the copying at the Treasury Department revision request which was submitted information provided in the direct final Library, Room 5030, Main Treasury by the State to satisfy the requirements action of the same title which is located Building, 1500 Pennsylvania Avenue, of the Clean Air Act, as amended in the rules section of the Federal NW., Washington, DC 20220. November 15, 1990, and the Register. FOR FURTHER INFORMATION CONTACT: Photochemical Assessment Monitoring Dated: June 10, 1996. Norman Carleton, Director, Office of Stations (PAMS) regulations. The PAMS Allyn M. Davis, Federal Finance Policy Analysis, Office regulations require the State to provide Acting Regional Administrator. of the Assistant Secretary for Financial for the establishment and maintenance [FR Doc. 96–15590 Filed 6–18–96; 8:45 am] of an enhanced ambient air quality Markets, at 202–622–2680. BILLING CODE 6560±50±P monitoring network in the form of SUPPLEMENTARY INFORMATION: The PAMS by November 12, 1993. Department of the Treasury (Department In the final rules section of this 40 CFR Part 180 or Treasury) announced its intention to Federal Register, the EPA is approving issue a new type of marketable book- the State’s SIP revision as a direct final [PP 2E4042/P661; FRL±5374±6] entry security with a nominal return rule without prior proposal because the RIN 2070±AC18 linked to the inflation rate in prices or Agency views this as a noncontroversial wages, as officially published by the amendment and anticipates no adverse Chlorothalonil; Pesticide Tolerance for United States Government. In the comments. A detailed rationale for the Use in or on Asparagus advance notice of proposed rulemaking approval is set forth in the direct final AGENCY: Environmental Protection that was published May 20, 1996, the rule. If no adverse comments are Agency (EPA). Treasury specifically requested received in response to this proposed comments concerning the choice of rule, no further activity is contemplated ACTION: Proposed rule. index, structure of the security, auction in relation to this rule. If the EPA SUMMARY: EPA proposes to establish a technique, offering sizes, and maturities. receives adverse comments, the direct tolerance for combined residues of the The Treasury also invited comments on final rule will be withdrawn, and all fungicide chlorothalonil and its other specific issues raised, as well as public comments received will be metabolite in or on the raw agricultural on any other issues relevant to the new addressed in a subsequent final rule commodity asparagus. The proposed type of security. based on this proposed rule. The EPA regulation to establish a maximum will not institute a second comment Given the importance of this issue permissible level for residues of the period on this action. Any parties and the desire to provide sufficient time fungicide was requested in a petition interested in commenting on this action for parties to evaluate and consider submitted by the Interregional Research should do so at this time. Treasury’s inflation-protection security Project No. 4 (IR-4). proposal, particularly since a series of DATES: Comments on this proposed rule DATES: Comments, identified by the public meetings to describe further the must be received in writing by July 19, docket number [PP 2E4042/P661], must Department’s current thinking on the 1996. be received on or before July 19, 1996. subject and to obtain potential investor ADDRESSES: Written comments on this ADDRESSES: By mail, submit written input just concluded on June 12, 1996, action should be addressed to Mr. comments to: Public Response and the Department believes that additional Thomas H. Diggs, Chief, Air Planning Program Resources Branch, Field time is appropriate for market Section (6PD–L), at the EPA Regional Operations Division (7506C), Office of participants and other interested parties Office listed below. Copies of the Pesticide Programs, Environmental to provide written comments. Therefore, documents relevant to this proposed Protection Agency, 401 M St., SW, the Department is extending the rule are available for public inspection Washington, DC 20460. In person, bring comment period for 14 days until during normal business hours at the comments to: Rm. 1132, CM #2, 1921 Wednesday, July 3, 1996. following locations. Interested persons Jefferson Davis Highway, Arlington, VA wanting to examine these documents Dated: June 14, 1996. 22202. should make an appointment with the Comments and data may also be Roger L. Anderson, appropriate office at least 24 hours submitted to OPP by sending electronic Deputy Assistant Secretary, Federal Finance. before the visiting day. mail (e-mail) to: opp- [FR Doc. 96–15658 Filed 6–14–96; 3:58 pm] U.S. Environmental Protection Agency, [email protected]. Electronic BILLING CODE 4810±39±M Region 6, Multimedia Planning and comments must be submitted as an 31074 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules

ASCII file avoiding the use of special The scientific data submitted in the the RfD for the U.S. population and all characters and any form of encryption. petition and other relevant material population subgroups. Comments and data will also be have been evaluated. A discussion of The upper bound carcinogenic risks accepted on disks in WordPerfect 5.1 the toxicological data considered in were calculated using the ARC estimates file format or ASCII file format. All support of the proposed tolerance for for dietary exposure from existing uses comments and data in electronic form asparagus can be found in a proposed and the proposed use on asparagus, and must be identified by the docket number rule (PP 0E3889, 2E4113, and 5E4538/ Q*s (Q stars) of 0.00766 (mg/kg/day)-1 [PP 2E4042/P661]. Electronic comments P639) published in the Federal Register for chlorothalonil and 1.02 (mg/kg/ on this proposed rule may be filed of January 24, 1996 (61 FR 1884). The day)-1 for HCB. The upper bound online at many Federal Depository Federal Register notice of January 24, carcinogenic risk from existing and all Libraries. Additional information on 1996, also provides a discussion of the pending uses of chlorothalonil is electronic submissions can be found in basis for the EPA’s classification of estimated at 6.5 × 10-7, with the the ‘‘SUPPLEMENTARY chlorothalonil and hexachlorobenzene proposed use for asparagus contributing INFORMATION’’ section of this (HCB), a manufacturing impurity found 1.05 × 10-8 to the cancer risk assessment. document. in chlorothalonil formulations, as The upper bound carcinogenic risk for × -7 Information submitted as a comment probable human carcinogens (Group B2 HCB is estimated at 3.2 10 from concerning this document may be of EPA’s classification system for existing and all pending uses, with the claimed confidential by marking any carcinogens). proposed use for asparagus contributing Dietary risk assessments were × -7 part or all of that information as 1.2 10 to the cancer risk assessment. conducted using Reference Doses (RfD), The proposed use on asparagus would ‘‘Confidential Business Information’’ the applicable cancer potency factors to contribute negligible increases in the (CBI). CBI should not be submitted assess chronic exposure and risk from total cancer risks from dietary exposure through e-mail. Information marked as chlorothalonil and HCB residues, and to residues of chlorothalonil and HCB. CBI will not be disclosed except in the Margin of Exposure (MOE) to assess The Margin of Exposure (MOE) is a accordance with procedures set forth in acute toxicity from chlorothalonil measure of how closely the high-end 40 CFR part 2. A copy of the comment residues. acute dietary exposure comes to the that does not contain CBI must be The Reference Dose (RfD) for NOEL from the toxicity endpoint of submitted for inclusion in the public chlorothalonil is established at 0.018 concern. For chlorothalonil, the MOE record. Information not marked mg/kg of body weight (bwt)/day, based was calculated as ratio of the lowest- confidential may be disclosed publicly on a no-observed-effect-level (NOEL) of observed effect level (LOEL) of 175 mg/ by EPA without prior notice. All written 1.8 mg/kg/day from the 2–year feeding kg/day from the subchronic study in comments will be available for public study in dogs, which demonstrated as rats. A NOEL was not established since inspection in Rm. 1132 at the address effects increased urinary bilirubin levels an effect (renal and gastric lesions) was given above, from 8 a.m. to 4:30 p.m., and kidney vacuolated epithelium, and observed at the single dose tested. An Monday through Friday, excluding legal an uncertainty factor of 100. Available uncertainty factor of 300 was used to holidays. information on anticipated residues calculate the MOE since there was no FOR FURTHER INFORMATION CONTACT: By and/or percent of crop treated was available NOEL from the study. The mail: Hoyt L. Jamerson, Registration incorporated into the analysis to acute dietary MOE for chlorothalonil is Division (7505W), Office of Pesticide estimate the Anticipated Residue calculated to be greater than 1,500 for Programs, Environmental Protection Contribution (ARC) from existing uses. the general population and all Agency, 401 M St. SW., Washington, DC The proposed tolerance level of 0.1 ppm population subgroups. Chlorothalonil 20460. Office location and telephone and 100 percent crop treated were poses minimal acute dietary risk. number: Sixth Floor, Crystal Station #1, assumed to estimate dietary exposure to The nature of the residue in asparagus 2800 Jefferson Davis Highway, residues of chlorothalonil from the is adequately understood. The parent Arlington, VA 22202, (703) 308-8783; e- proposed use on asparagus. The ARC compound and its metabolite (4- mail: [email protected]. from existing uses and the proposed hydroxy- 2,5,6- uses utilizes less than 1 percent of the trichloroisophthalonitrile) are the SUPPLEMENTARY INFORMATION: The RfD for chlorothalonil for the U.S. regulated residues. An adequate Interregional Research Project No. 4 (IR- population and all population analytical method, is available for 4), New Jersey Agricultural Experiment subgroups. EPA generally has no cause enforcement purposes. The method is Station, P.O. Box 231, Rutgers for concern for exposures below 100 listed in the Pesticide Analytical University, New Brunswick, NJ 08903, percent of the RfD. Manual, Volume II (PAM II). has submitted pesticide petition (PP) The RfD for HCB is established at There is no reasonable expectation 2E4042 to EPA on behalf of the 0.0008 mg/kg bwt/day based on a NOEL that secondary residues will occur in Agricultural Experiment Stations of of 0.08 mg/kg of bwt/day and an milk, eggs, or meat, fat, or meat Kentucky, North Carolina, Oklahoma, uncertainty factor of 100. The NOEL byproducts of livestock or poultry as a Virginia, and Washington. was taken from a 130 week feeding result of this action; there are no This petition requests that the study in rats that showed hepatic livestock feed items associated with Administrator, pursuant to section centrilobular basophilic chromogenesis. asparagus. 408(e) of the Federal Food, Drug, and Since there are no published tolerances There are presently no actions Cosmetic Act (FFDCA), 21 U.S.C. for HCB, the ARC was generally pending against the continued 346a(e), amend 40 CFR 180.275 by calculated by multiplying the registration of this chemical. The establishing a tolerance for combined anticipated residues for chlorothalonil pesticide is considered useful for the residues of the fungicide chlorothalonil by 0.05 percent, an adjustment based on purpose for which the tolerance is [tetrachloroisophthalonitrile] and its comparisons of residue data for the two sought. metabolite, 4-hydroxy-2,5,6- compounds from controlled field trials. Based on the information and data trichloroisophthalonitrile, in or on the The ARC for HCB from existing uses of considered, the Agency has determined raw agricultural commodity asparagus chlorothalonil and the proposed use on that the tolerance established by at 0.1 part per million (ppm). asparagus utilizes less than 1 percent of amending 40 CFR part 180 would Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31075 protect the public health. Therefore, it is governments or communities (also Parts per proposed that the tolerance be known as ‘‘economically significant’’); Commodity million established as set forth below. (2) creating serious inconsistency or Any person who has registered or otherwise interfering with an action submitted an application for registration taken or planned by another agency; (3) ***** Asparagus ...... 0.10 of a pesticide, under the Federal materially altering the budgetary Insecticide, Fungicide, and Rodenticide impacts of entitlement, grants, user fees, ***** Act (FIFRA) as amended, which or loan programs; or (4) raising novel contains any of the ingredients listed legal or policy issues arising out of legal * * * * * herein, may request within 30 days after mandates, the President’s priorities, or publication of this notice in the Federal the principles set forth in t his [FR Doc. 96–15478 Filed 6–18–96; 8:45 am] Register that this rulemaking proposal Executive Order. Pursuant to the terms BILLING CODE 6560±50±F be referred to an Advisory Committee in of this Executive Order, EPA has accordance with section 408(e) of the determined that this rule is not FFDCA. ‘‘significant’’ and is therefore not subject 40 CFR Part 180 Interested persons are invited to to OMB review. submit written comments on the This action does not impose any [PP 6E4653/P665; FRL±5377±4] proposed regulation. Comments must enforceable duty, or contain any bear a notation indicating the docket ‘‘unfunded mandates’’ as described in RIN 2070±AC18 number [PP 2E4042/P661]. Title II of the Unfunded Mandates A record has been established for this Reform Act of 1995 (Pub. L. 104–4), or Sodium Salt of Fomesafen; Pesticide rulemaking under docket number [PP require prior consultation as specified Tolerance 2E4042/P661] (including comments and by Executive Order 12875 (58 FR 58093, data submitted electronically as October 28, 1993), entitled Enhancing AGENCY: Environmental Protection described below). A public version of the Intergovernmental Partnership, or Agency (EPA). this record, including printed, paper special consideration as required by ACTION: Proposed rule. versions of electronic comments, which Executive Order 12898 (59 FR 7629, does not include any information February 16, 1994). SUMMARY: EPA proposes to establish a claimed as CBI, is available for Pursuant to the requirements of the inspection from 8 a.m. to 4:30 p.m., time-limited tolerance for residues of Regulatory Flexibility Act (5 U.S.C. the herbicide sodium salt of fomesafen Monday through Friday, excluding legal 601–612), the Administrator has holidays. The public record is located in (also referred to in this document as determined that regulations establishing fomesafen) in or on the raw agricultural Room 1132 of the Public Response and new tolerances or raising tolerance Program Resources Branch, Field commodity snap beans. The proposed levels or establishing exemptions from regulation to establish a maximum Operations Division (7506C), Office of tolerance requirements do not have a Pesticide Programs, Environmental permissible level for residues of the significant economic impact on a herbicide was requested in a petition Protection Agency, Crystal Mall #2, substantial number of small entities. A 1921 Jefferson Davis Highway, submitted by the Interregional Research certification statement explaing the Project No. 4 (IR-4). Arlington, VA. factual basis for this determination was The official record for this DATES: Comments, identified by the published in the Federal Register of rulemaking, as well as the public docket number [PP 6E4653/P665], must May 4, 1981 (46 FR 24950). version, as described above will be kept be received on or before July 19, 1996. in paper form. Accordingly, EPA will List of Subjects in 40 CFR Part 180 ADDRESSES: By mail, submit written transfer all comments received Environmental protection, comments to: Public Response and electronically into printed, paper form Administrative practice and procedure, Program Resources Branch, Field as they are received and will place the Agricultural commodities, Pesticides Operations Division (7506C), Office of paper copies in the official rulemaking and pests, Reporting and recordkeeping Pesticide Programs, Environmental record which will also include all requirements. Protection Agency, 401 M St., SW., comments submitted directly in writing. Washington, DC 20460. In person, bring The official rulemaking record is the Dated: June 4, 1996. comments to: Rm. 1132, CM #2, 1921 paper record maintained at the Virginia Stephen L. Johnson, Jefferson Davis Highway, Arlington, VA address in ‘‘ADDRESSES’’ at the Director, Registration Division, Office of 22202. beginning of this document. Pesticide Programs. Under Executive Order 12866 (58 FR Comments and data may also be Therefore, it is proposed that 40 CFR submitted to OPP by sending electronic 51735, Oct. 4, 1993), the Agency must part 180 be amended as follows: determine whether the regulatory action mail (e-mail) to: is ‘‘significant’’ and therefore subject to PART 180Ð[AMENDED] [email protected] all the requirements of the Executive Electronic comments must be Order (i.e., Regulatory Impact Analysis, 1. The authority citation for part 180 submitted as an ASCII file avoiding the review by the Office of Management and continues to read as follows: use of special characters and any form Budget (OMB)). Under section 3(f), the Authority: 21 U.S.C. 346a and 371. of encryption. Comments and data will order defines ‘‘significant’’ as those 2. In § 180.275, the table in paragraph also be accepted on disks in actions likely to lead to a rule (1) having (a) is amended by adding alphabetically WordPerfect 5.1 file format or ASCII file an annual effect on the economy of $100 the raw agricultural commodity format. All comments and data in million or more, or adversely and asparagus, to read as follows: electronic form must be identified by materially affecting a sector of the the docket number [PP 6E4653/P665]. economy, productivity, competition, § 180.275 Chlorothalonil; tolerances for Electronic comments on this proposed residues. jobs, the environment, public health or rule may be filed online at many Federal safety, or State, local or tribal (a) * * * Depository Libraries. Additional 31076 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules information on electronic submissions Carolina, Tennessee, Texas, Vermont, (7) Fomesafen tested negative in assay can be found in the Virginia, West Virginia, and Wisconsin. systems for gene mutation, structural ‘‘SUPPLEMENTARY INFORMATION’’ Additional geographical restrictions, chromosome aberration, and other section of this document. within these states, will be specified on genotoxic effects. Fomesafen did Information submitted as a comment the pesticide label. produce a weak clastogenic response in concerning this document may be EPA is proposing to establish this rat bone marrow. claimed confidential by marking any tolerance with an expiration date of (8) Metabolism studies in rats indicate part or all of that information as December 31, 1998, to allow IR-4 time that more than 90 percent of the ‘‘Confidential Business Information’’ to conduct additional residue field trials compound is excreted within 7 days of (CBI). CBI should not be submitted in support of a permanent tolerance for ingestion. The rat metabolism studies through e-mail. Information marked as regional registration for use of also show that fomesafen tends to CBI will not be disclosed except in fomesafen on snap beans. The available concentrate in the liver, prior to accordance with procedures set forth in residue data show no-detectable excretion. Fomesafen is metabolized 40 CFR part 2. A copy of the comment residues (less than 0.05 ppm) on snap through hydrolytic cleavage of the that does not contain CBI must be beans from the proposed use pattern. amide linkage to form aciflurofen, submitted for inclusion in the public The requested residue field trials are which is classified by EPA as a probable record. Information not marked expected to provide confirmatory data human carcinogen (Group B2). confidential may be disclosed publicly in support of a permanent tolerance for Based on a weight-of evidence by EPA without prior notice. All written residues of fomesafen on snap beans at determination, OPP’s Health Effects comments will be available for public 0.05 ppm. Division, Carcinogenicity Peer Review inspection in Rm. 1132 at the address The scientific data submitted in the Committee (CPRC) has classified given above, from 8 a .m. to 4:30 p.m., petition and other relevant material fomesafen as a Group C carcinogen Monday through Friday, excluding legal have been evaluated. The toxicological (possible human carcinogen). The holidays. data considered in support of the upper-bound carcinogenic risk from proposed tolerance include: dietary exposure to fomesafen was FOR FURTHER INFORMATION CONTACT: By (1) A 6–month feeding study in dogs calculated using a potency factor (Q*) of mail: Hoyt L. Jamerson, Registration fed diets containing 0, 0.1, 1.0 or 25 mg/ 0.19 (mg/kg/day)-1 and dietary exposure Division (7505W), Office of Pesticide kg/day with a no-observed-effect level as estimated by the Anticipated Residue Programs, Environmental Protection (NOEL) of 1.0 mg/kg/day. Dogs fed 25 Contribution (ARC) for existing Agency, 401 M St. SW., Washington, DC mg/kg/day demonstrated altered lipid tolerances and the proposed tolerance 20460. Office location and telephone metabolism and liver change. for snap beans. The upper-bound number: Sixth Floor, Crystal Station #1, (2) A 2–year feeding/carcinogenicity carcinogenic risk from established 2800 Jefferson Davis Highway, study with rats fed diets containing 0, tolerances and the proposed tolerance Arlington, VA 22202, (703) 308–8783; e- 5, 100, or 1,000 ppm with a NOEL for for snap beans is calculated at 1.56 × mail: [email protected]. systemic effects of 5 ppm (0.25 mg/kg/ 10-6. The upper-bound cancinogenic risk SUPPLEMENTARY INFORMATION: The day). At the lowest-effect level (LEL) from the proposed use on snap beans is Interregional Research Project No. 4 (IR- 100 ppm (5 mg/kg/day) there was liver calculated at 1.4 × 10-6. EPA concludes 4), New Jersey Agricultural Experiment toxicity and decreased body weight. that the potential cancer risk from Station, P.O. Box 231, Rutgers There were no carcinogenic effects residues of fomesafen resulting from University, New Brunswick, NJ 08903, observed under the conditions of the established tolerances and the proposed has submitted pesticide petition (PP) study. tolerance for snap beans is negligible. 6E4653 to EPA on behalf of the (3) A 2–year feeding/carcinogenicity The Reference Dose (RfD) for Agricultural Experiment Stations of study with mice fed diets containing 0, fomesafen has not been established by Arkansas, Georgia, Kentucky, 1, 10, 100, or 1,000 ppm (equivalent to OPP’s Health Effects Division, RfD Minnesota, New York, North Carolina, 0.15, 1.5, 15, or 150 mg/kg/day) with Committee. For purposes of this action, Tennessee, and Virginia. statistically significant increases in the the RfD is calculated at 0.0025 mg/kg of This petition requests that the incidences of liver adenomas in male body weight/day. The RfD is based on Administrator, pursuant to section mice at 1, 100, and 1,000 ppm and in a NOEL of 0.25 mg/kg/day from the rat 408(e) of the Federal Food, Drug, and female mice at 100 and 1,000 ppm, and feeding/carcinogenicity study and an Cosmetic Act (FFDCA), 21 U.S.C. statistically significant increases in the uncertainty factor of 100. The ARC for 346a(e), amend 40 CFR 180.433 by incidences of liver carcinomas and the overall U.S. population from establishing a time-limited tolerance for combined liver carcinomas and established tolerances and the proposed residues of the sodium salt of adenomas in both sexes at 1,000 ppm. tolerance for snap beans utilizes less fomesafen, 5-[2-chloro-4- (4) A 2–generation reproduction study than 1 percent of the RfD. EPA generally (trifluoromethyl)phenoxy]-N- in rats fed diets containing 0, 50, 250, has no concern for exposures below 100 (methylsulfonyl)-2-nitrobenzamide, in or 1,000 ppm (equivalent to 2.5, 12.5, or percent of the RfD. or on the raw agricultural commodity 50 mg/kg/day) with no reproductive The nature of the residue in plants snap beans at 0.05 parts per million effects observed. The NOEL for systemic and animals is adequately understood. (ppm). IR-4 proposed that registration toxicity (reduction in body weight and The residue of concern is fomesafen per for use of fomesafen on snap beans be liver necrosis) is established at 250 ppm se. An adequate analytical method for geographically limited to the following for this study. enforcing this tolerance has been states: Alabama, Arkansas, Delaware, (5) A developmental toxicity study in published in the Pesticide Analytical Georgia, Indiana, Illinois, Iowa, Kansas, rats given oral doses of 0, 50, 100, or 200 Manual (PAM 11). Secondary residues Kentucky, Louisiana, Maine, Maryland, mg/kg/day on gestation days 6 to 15 are not expected to occur in milk, eggs, Massachusetts, Michigan, Minnesota, with no developmental toxicity. and meat as a result of this action since Missouri, Mississippi, Nebraska, New (6) A developmental toxicity study in snap beans are not a significant Hampshire, New Jersey, New York, rabbits given oral doses of 0, 2.5, 10, or livestock feed commodity. North Carolina, Oklahoma, Ohio, 40 mg/kg/day on gestation days 6 to 18 There are presently no actions Pennsylvania, Rhode Island, South with no developmental toxicity. pending against the continued Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31077 registration of this chemical. The Under Executive Order 12866 (58 FR Dated: June 7, 1996. pesticide is considered useful for the 51735, October 4, 1993), the Agency Susan Lewis, purpose for which the tolerance is must determine whether the regulatory sought. action is ‘‘significant’’ and therefore Based on the information and data subject to all the requirements of the Acting Director, Registration Division, Office of Pesticide Programs. considered, the Agency has determined Executive Order (i.e., Regulatory Impact that the tolerance established by Therefore, it is proposed that 40 CFR Analysis, review by the Office of part 180 be amended as follows: amending 40 CFR part 180 would Management and Budget (OMB)). Under protect the public health. Therefore, it is section 3(f), the order defines proposed that the tolerance be PART 180Ð[AMENDED] ‘‘significant’’ as those actions likely to established as set forth below. lead to a rule (1) having an annual effect 1. The authority citation for part 180 Any person who has registered or continues to read as follows: submitted an application for registration on the economy of $100 million or of a pesticide, under the Federal more, or adversely and materially Authority: 21 U.S.C. 346a and 371. Insecticide, Fungicide, and Rodenticide affecting a sector of the economy, Act (FIFRA) as amended, which productivity, competition, jobs, the 2. In § 180.433, by designating the contains any of the ingredients listed environment, public health or safety, or existing text as paragraph (a) and by herein, may request within 30 days after State, local or tribal governments or adding a paragraph (b) to read as publication of this notice in the Federal communities (also known as follows: Register that this rulemaking proposal ‘‘economically significant’’); (2) creating § 180.433 Sodium salt of fomesafen; be referred to an Advisory Committee in serious inconsistency or otherwise tolerances for residues. accordance with section 408(e) of the interfering with an action taken or FFDCA. (a) * * * planned by another agency; (3) (b) Tolerances with regional Interested persons are invited to materially altering the budgetary submit written comments on the registration are established for residues impacts of entitlement, grants, user fees, of the sodium salt of fomesafen, 5-[2- proposed regulation. Comments must or loan programs; or (4) raising novel bear a notation indicating the docket chloro-4-(trifluoromethyl)phenoxy]-4-N- legal or policy issues arising out of legal number [PP 6E4653/P665]. (methylsulfonyl)-2-nitrobenzamide, in A record has been established for this mandates, the President’s priorities, or or on the raw agricultural commodities, rulemaking under docket number [PP the principles set forth in this Executive as follows: 6E4653/P665], (including comments Order. Pursuant to the terms of this and data submitted electronically as Executive Order, EPA has determined Parts per Expira- Commodities million tion date described below). A public version of that this rule is not ‘‘significant’’ and is this record, including printed, paper therefore not subject to OMB review. Beans, snap ...... 0.05 Decemb- versions of electronic comments, which This action does not impose any er 31, does not include any information enforceable duty, or contain any 1998 claimed as CBI, is available for ‘‘unfunded mandates’’ as described in inspection from 8 a.m. to 4:30 p.m., Title II of the Unfunded Mandates [FR Doc. 96–15480 Filed 6–18–96; 8:45 am] Monday through Friday, excluding legal Reform Act of 1995 (Pub. L. 104–4), or BILLING CODE 6560±50±F holidays. The public record is located in require prior consultation as specified Room 1132 of the Public Response and by Executive Order 12875 (58 FR 58093, Program Resources Branch, Field October 28, 1993), entitled Enhancing 40 CFR Part 180 Operations Division (7506C), Office of the Intergovernmental Partnership, or Pesticide Programs, Environmental [PP 1E4031/P666; FRL±5369±4] special consideration as required by Protection Agency, Crystal Mall #2, RIN 2070±AB78 1921 Jefferson Davis Highway, Executive Order 12898 (59 FR 7629, Arlington, VA. February 16, 1994). 3-Dichloroacetyl-5-(2-furanyl)-2,2- Electronic comments can be sent Pursuant to the requirements of the dimethyloxazolidine; Extension of directly to EPA at: Regulatory Flexibility Act (5 U.S.C. Temporary Tolerances [email protected] 601–612), the Administrator has AGENCY: Environmental Protection determined that regulations establishing Agency (EPA). Electronic comments must be new tolerances or raising tolerance ACTION: Proposed rule. submitted as an ASCII file avoiding the levels or establishing exemptions from use of special characters and any form tolerance requirements do not have a SUMMARY: EPA proposes to extend the of encryption. significant economic impact on a time-limited tolerances for residues of The official record for this substantial number of small entities. A rulemaking, as well as the public the inert ingredient (safener), 3- certification statement explaining the version, as described above will be kept dichloroacetyl-5-(2-furanyl)-2,2- factual basis for this determination was in paper form. Accordingly, EPA will dimethyloxazolidine (CAS Reg. No. transfer all comments received published in the Federal Register of 121776–33–8) in or on corn from June electronically into printed, paper form May 4, 1981 (46 FR 24950). 30, 1996 to June 30, 1998. DATES: as they are received and will place the List of Subjects in 40 CFR Part 180 Comments, identified with the paper copies in the official rulemaking docket number [PP 1E4031/P666] must record which will also include all Environmental protection, be received on or before July 5, 1996. comments submitted directly in writing. Administrative practice and procedure, ADDRESSES: By mail, submit written The official rulemaking record is the Agricultural commodities, Pesticides comments to: Public Response and paper record maintained at the Virginia and pests, Reporting and recordkeeping Program Resources Branch, Field address in ‘‘ADDRESSES’’ at the requirements. Operations Division (7506C), Office of beginning of this document. Pesticide Programs, Environmental 31078 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules

Protection Agency, 401 M St., SW, additional chemical oncogencity data paper copies in the official rulemaking Washington, DC 20460. In person, bring submitted by the petitioner, EPA record which will also include all comments to: Rm. 1132 CM #2, 1921 proposes that the time-limited comments submitted directly in writing. Jefferson Davis Highway, Arlington, VA tolerances for 3-dichloroacetyl-5-(2- The official rulemaking record is the 22202. Comments and data may also be furanyl)-2,2-dimethyloxazolidine on paper record maintained at the Virginia submitted electronically by sending corn, which now expire on June 30, address in ‘‘ADDRESSES’’ at the electronic mail (e-mail) to: opp- 1996 be extended to June 30, 1998. beginning of this document. [email protected]. Electronic The data considered in support of the Under Executive Order 12866 (58 FR comments must be submitted as an time-limited tolerance is discussed in 51735, October 4, 1993), the Agency ASCII file avoiding the use of special the final rule, which was published in must determine whether the regulatory characters and any form of encryption. the Federal Register of May 10, 1994 (59 action is ‘‘significant’’ and therefore Comments and data will also be FR 24057). subject to all the requirements of the accepted on disks in WordPerfect 5.1 Based on the information and data Executive Order (i.e., Regulatory Impact file format or ASCII file format. All considered. the Agency has determined Analysis, review by the Office of comments and data in electronic form that the tolerance established by Management and Budget (OMB)). Under must be identified by the docket number amending 40 CFR part 180 would section 3(f), the order defines [PP 1E4031/P666]. No Confidential protect the public health. Therefore, it is ‘‘significant’’ as those actions likely to Business Information (CBI) should be proposed that the tolerance be lead to a rule (1) having an annual effect submitted through e-mail. Electronic established as set forth below. on the economy of $100 million or comments on this proposed rule may be Any person who has registered or more, or adversely and materially filed online at many Federal Depository submitted an application for registration affecting a sector of the economy, Libraries. Additional information on of a pesticide, under the Federal productivity, competition, jobs, the electronic submissions can be found Insecticide, Fungicide, and Rodenticide environment, public health or safety, or below in this document. Act (FIFRA) as amended, which State, local or tribal governments or Information submitted as a comment contains any of the ingredients listed communities (also known as herein, may request within 30 days after concerning this notice may be claimed ‘‘economically significant’’); (2) creating publication of this notice in the Federal confidential by marking any part or all serious inconsistency or otherwise Register that this rulemaking proposal of that information as ‘‘Confidential interfering with an action taken or be referred to an Advisory Committee in Business Information’’ (CBI). planned by another agency; (3) accordance with section 408(e) of the Information so marked will not be materially altering the budgetary FFDCA. impacts of entitlement, grants, user fees, disclosed except in accordance with Interested persons are invited to procedures set forth in 40 CFR Part 2. or loan programs; or (4) raising novel submit written comments on the legal or policy issues arising out of legal A copy of the comment that does not proposed regulation. Comments must contain CBI must be submitted for mandates, the President’s priorities, or bear a notation indicating the docket the principles set forth in this Executive inclusion in the public record. number [PP 1E4031/P666]. Information not marked confidential Order. A record has been established for this Pursuant to the terms of this may be disclosed publicly by EPA rulemaking under docket number [PP without prior notice. All written Executive Order, EPA has determined 1E4031/P666] (including any comments that this rule is not ‘‘significant’’ and is comments will be available for public and data submitted electronically). A inspection in Rm. 1132 at the address therefore not subject to OMB review. public version of this record, including Pursuant to the requirements of the given above, from 8 a.m. to 4:30 p.m., printed, paper versions of electronic Regulatory Flexibility Act (5 U.S.C. Monday through Friday, excluding legal comments, which does not include any 601–612), the Administrator has holidays. information claimed as CBI, is available determined that regulations establishing FOR FURTHER INFORMATION CONTACT: By for inspection from 8 a.m. to 4:30 p.m., new tolerances or raising tolerance mail: Indira Gairola, Registration Monday through Friday, excluding legal levels or establishing exemptions from Division (7505W), Office of Pesticide holidays. The public record is located in tolerance requirements do not have a Programs, Environmental Protection Room 1132 of the Public Response and significant economic impact on a Agency, 401 M St., SW., Washington, Program Resources Branch, Field substantial number of small entities. A DC 20460. Office location and telephone Operations Division (7506C), Office of certification statement to this effect was number: sixth floor, Crystal Station #1 Pesticide Programs, Environmental published in the Federal Register of 2800 Crystal Drive, Arlington, VA Protection Agency, Crystal Mall #2, May 4, 1981 (46 FR 24950). 22202, (703) 308–8371; e-mail: 1921 Jefferson Davis Highway, [email protected]. Arlington, VA. This action does not impose any SUPPLEMENTARY INFORMATION: EPA Electronic comments may be sent enforceable duty, or contain any issued a rule (FRL–4777–2), which was directly to EPA at: ‘‘unfunded mandates’’ as described in published in the Federal Register of [email protected]. Title II of the Unfunded Mandates May 10, 1994 (59 FR 24057), Reform Act of 1995 (Pub. L. 104–4), or announcing the establishment of Electronic comments must be require prior consultation as specified temporary tolerances for residues of 3- submitted as an ASCII file avoiding the by Executive Order 12875 (58 FR 58093, dichloroacetyl-5-(2-furanyl)-2,2- use of special characters and any form October 28, 1993), entitled Enhancing dimethyloxazolidine on corn. These of encryption. the Intergovernmental Partnership, or tolerances were issued in a response to The official record for this special consideration as required by pesticide petition (PP 1E4031), rulemaking, as well as the public Executive Order 12898 (59 FR 7629, submitted by Monsanto Company Suite version, as described above will be kept February 16, 1994). 1100, 700 14th Street NW., Washington, in paper form. Accordingly, EPA will DC. 20005. transfer all comments received List of Subjects in 40 CFR Part 180 In order to allow the Agency electronically into printed, paper form Environmental protection, sufficient time to complete its review of as they are received and will place the Administrative practice and procedure, Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31079

Agricultural commodities, Pesticides 1. The authority citation for part 180 dichloroacetyl-5-(2-furanyl)-2,2- and pests, Reporting and recordkeeping continues to read as follows: dimethyloxazolidine (CAS Reg. No. requirements. Authority: 21 U.S.C. 346a and 371. 121776–33–8) when used as an inert Dated: June 4, 1996. 2. Section 180.471 is revised to read ingredient (safener) in pesticide formulations in or on the following Stephen L. Johnson, as follows: agricultural commodities: Director, Registration Division, Office of § 180.471 3-Dichloroacetyl-5-(2-furanyl)-2,2- Pesticide Programs. dimethyloxazolidine; tolerances for residues. Therefore, 40 CFR part 180 is Time-limited tolerances are amended as follows: established for residues of 3-

Parts per Commodity million Expiration date

Corn, fodder (field) ...... 0.01 June 30, 1998 Corn, forage (field) ...... 0.01 June 30, 1998 Corn, grain (field) ...... 0.01 June 30, 1998

[FR Doc.96–15584 Filed 6–18–96; 8:45 am] of encryption. Comments and data will 6E4652 to EPA on behalf of the Oregon BILLING CODE 6560±50±F also be accepted on disks in Agricultural Experiment Station. WordPerfect 5.1 file format or ASCII file This petition requests that the format. All comments and data in Administrator, pursuant to section 40 CFR Part 180 electronic form must be identified by 408(e) of the Federal Food, Drug, and the docket number [PP 6E4652/P664]. Cosmetic Act (FFDCA), 21 U.S.C. [PP 6E4652/P664; FRL±5377±1] Electronic comments on this proposed 346a(e), amend 40 CFR 180.441 by RIN 2070±AC18 rule may be filed online at many Federal establishing tolerances for the combined Depository Libraries. Additional residues of the herbicide quizalofop-p Quizalofop ethyl; Pesticide Tolerances information on electronic submissions ethyl ester [ethyl (R)-(2-[4-((6- can be found in the chloroquinoxalin- 2-yl)oxy)phenoxyl] AGENCY: Environmental Protection ‘‘SUPPLEMENTARY INFORMATION’’ propionate], its acid metabolite Agency (EPA). section of this document. quizalofop-p [R-(2-[4-((6- ACTION: Proposed rule. Information submitted as a comment chloroquinoxalin-2-yl)oxy)phenoxy]) concerning this document may be propanoic acid], and the S enantiomers SUMMARY: EPA proposes to establish claimed confidential by marking any of both the ester and the acid, all tolerances for the combined residues of part or all of that information as expressed as quizalofop-p-ethyl ester, in the herbicide quizalofop-p ethyl ester, ‘‘Confidential Business Information’’ or on the raw agricultural commodities its acid metabolite quizalofop-p, and the (CBI). CBI should not be submitted peppermint tops and spearmint tops at S enantiomers of both the ester and the through e-mail. Information marked as 2 parts per million (ppm). acid, all expressed as quizalofop-p-ethyl CBI will not be disclosed except in The scientific data submitted in the ester, in or on the raw agricultural accordance with procedures set forth in petition and other relevant material commodities peppermint tops and 40 CFR part 2. A copy of the comment have been evaluated. The toxicological spearmint tops. The proposed regulation that does not contain CBI must be data considered in support of the to establish maximum permissible submitted for inclusion in the public proposed tolerances include: levels for residues of the herbicide was record. Information not marked 1. Several acute toxicology studies requested in a petition submitted by the confidential may be disclosed publicly placing technical-grade quizalofop ethyl Interregional Research Project No. 4 (IR- by EPA without prior notice. All written in toxicity Category III. 4). comments will be available for public 2. An 18–month carcinogenicity study DATES: Comments, identified by the inspection in Rm. 1132 at the address with CD-1 mice fed diets containing 0, docket number [PP 6E4652/P664], must given above, from 8 a .m. to 4:30 p.m., 2, 10, 80 and 320 ppm (equivalent to 0, be received on or before July 19, 1996. Monday through Friday, excluding legal 0.2, 1.5, 12, and 48 mg/kg/day) with no ADDRESSES: By mail, submit written holidays. carcinogenic effects observed under the comments to: Public Response and FOR FURTHER INFORMATION CONTACT: By conditions of the study at levels up to Program Resources Branch, Field mail: Hoyt L. Jamerson, Registration and including 80 ppm. There was an Operations Division (7506C), Office of Division (7505W), Office of Pesticide elevated incidence of hepatocellular Pesticide Programs, Environmental Programs, Environmental Protection adenomas and carcinomas combined in Protection Agency, 401 M St., SW., Agency, 401 M St. SW., Washington, DC CD-1 male mice at the 320 ppm dose Washington, DC 20460. In person, bring 20460. Office location and telephone level, which exceeded the maximum comments to: Rm. 1132, CM #2, 1921 number: Sixth Floor, Crystal Station #1, tolerated dose (MTD). Jefferson Davis Highway, Arlington, VA 2800 Jefferson Davis Highway, 3. A 2–year chronic toxicity/ 22202. Arlington, VA 22202, (703) 308-8783; e- carcinogenicity study in rats fed diets Comments and data may also be mail: [email protected]. containing 0, 25, 100 and 400 ppm submitted to OPP by sending electronic SUPPLEMENTARY INFORMATION: The (equivalent to 0, 0.9, 3.7, and 15.5 mg/ mail (e-mail) to: Interregional Research Project No. 4 (IR- kg/day for males and 0, 1.1, 4.6, and [email protected] 4), New Jersey Agricultural Experiment 18.6 mg/kg/day for females) with no Electronic comments must be Station, P.O. Box 231, Rutgers carcinogenic effects observed under the submitted as an ASCII file avoiding the University, New Brunswick, NJ 08903, conditions of the study. The NOEL for use of special characters and any form has submitted pesticide petition (PP) systemic toxicity is established at 25 31080 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules ppm (0.9 mg/kg/day) based on red blood new cancer studies are required for Register that this rulemaking proposal cell destruction in males, and slight/ quizalofop ethyl at this time. be referred to an Advisory Committee in minimal centrilobular enlargement of The Reference Dose (RfD) for accordance with section 408(e) of the the liver in females at the 100 ppm dose quizalofop ethyl is calculated at 0.009 FFDCA. level. mg/kg of body weight/day. The RfD is Interested persons are invited to 4. A 1–year feeding study in dogs fed based on the NOEL of 0.9 mg/kg/day submit written comments on the diets containing 0, 0.625, 2.5, and 10 from the 2-year rat feeding study, and an proposed regulation. Comments must mg/kg/day with a NOEL of 10 mg/kg/ uncertainty factor of 100. The bear a notation indicating the docket day (HDT). theoretical maximum residue number [PP 6E4652/P664]. 5. A developmental toxicity study in contribution (TMRC) from existing A record has been established for this rats fed dosage levels of 0, 30, 100, and tolerances and the proposed tolerance rulemaking under docket number [PP 300 mg/kg/day, with no developmental for mint tops utilizes 5 percent of the 6E4652/P664] (including comments and effects observed under the conditions of RfD for the overall U.S. population and data submitted electronically as the study. The NOEL for maternal 18.5 percent of the RfD for non-nursing described below). A public version of toxicity is established at 30 mg/kg/day. infants (the population subgroup most this record, including printed, paper 6. A developmental toxicity study in highly exposed). EPA generally has no versions of electronic comments, which rabbits fed dosage levels of 0, 7, 20, and concern for dietary exposures below 100 does not include any information 60 mg/kg/day with no developmental percent of the RfD. claimed as CBI, is available for effects observed under the conditions of The nature of the residue in plants is inspection from 8 a.m. to 4:30 p.m., the study. The NOEL for maternal adequately understood. An adequate Monday through Friday, excluding legal toxicity is established at 20 mg/kg/day analytical method (HPLC-UV) is holidays. The public record is located in based on decreases in food consumption available for enforcement purposes. Room 1132 of the Public Response and and body weight gain at 60 mg/kg/day Prior to its publication in the Pesticide Program Resources Branch, Field (HDT). Analytical Manual, Volume II (PAM II), Operations Division (7506C), Office of 7. A two-generation reproduction the enforcement method is being made Pesticide Programs, Environmental study in rats fed diets containing 0, 25, available in the interim to anyone who Protection Agency, Crystal Mall #2, 100 and 400 ppm (equivalent to 0, 1.25, is interested in pesticide residue 1921 Jefferson Davis Highway, 5, and 20 mg/kg/day) with a NOEL for enforcement from: By mail, Calvin Arlington, VA. developmental toxicity at 25 ppm based Furlow, Public Response and Program Electronic comments can be sent on an increase in liver weight and an Resources Branch, Field Operations directly to EPA at: increase in the incidence of Division (7506C), Office of Pesticide [email protected] eosinophillic changes in the liver at 100 Programs, Environmental Protection ppm. The NOEL for parental toxicity is Agency, 401 M St., SW., Washington, Electronic comments must be established at 100 ppm based on DC 20460. Office location and telephone submitted as an ASCII file avoiding the decreased body weight and premating number: Crystal Mall #2, Rm 1128, 1921 use of special characters and any form weight gain in males at the 400 ppm Jefferson Davis Hwy., Arlington, VA of encryption. dose level. 22202 (703)305–5805. The official record for this 8. Mutagenicity data included gene There is no reasonable expectation rulemaking, as well as the public mutation assays with E. coli and S. that secondary residues will occur in version, as described above will be kept typhimurium (negative); DNA damage milk, eggs, or meat of livestock and in paper form. Accordingly, EPA will assays with B. subtilis (negative); and a poultry since there are no significant transfer all comments received chromosomal aberration test in Chinese livestock feed commodities associated electronically into printed, paper form hamster cells (negative). with this action. Data submitted with as they are received and will place the OPP’s Health Effects Division, the petition demonstrate that residues of paper copies in the official rulemaking Carcinogenicity Peer Review Committee quizalofop ethyl do not concentrate in record which will also include all (CPRC) has evaluated the rat and mouse mint oil. The proposed tolerances for comments submitted directly in writing. cancer studies for quizalofop ethyl along peppermint and spearmint tops is The official rulemaking record is the with other relevant short-term toxicity adequate to cover residues in mint oil. paper record maintained at the Virginia studies, mutagenicity studies, and There are presently no actions address in ‘‘ADDRESSES’’ at the structure-activity relationships. The pending against the continued beginning of this document. CPRC has classified quizalofop ethyl as registration of this chemical. The Under Executive Order 12866 (58 FR a Group D carcinogen (not classifiable as pesticide is considered useful for the 51735, Oct. 4, 1993), the Agency must to human cancer potential). The Group purpose for which the tolerance is determine whether the regulatory action D classification is based on an sought. is ‘‘significant’’ and therefore subject to approximate doubling in the incidence Based on the information and data all the requirements of the Executive of male mice liver tumors between considered, the Agency has determined Order (i.e., Regulatory Impact Analysis, controls and the high dose. This finding that the tolerance established by review by the Office of Management and was not considered strong enough to amending 40 CFR part 180 would Budget (OMB)). Under section 3(f), the warrant the classification of a Category protect the public health. Therefore, it is order defines ‘‘significant’’ as those C (possible human carcinogen); the proposed that the tolerance be actions likely to lead to a rule (1) having increase was of marginal statistical established as set forth below. an annual effect on the economy of $100 significance, occurred at a high dose Any person who has registered or million or more, or adversely and which exceeded the predicted MTD, submitted an application for registration materially affecting a sector of the and occurred in a study in which the of a pesticide, under the Federal economy, productivity, competition, concurrent control for liver tumors was Insecticide, Fungicide, and Rodenticide jobs, the environment, public health or somewhat low as compared to the Act (FIFRA) as amended, which safety, or State, local or tribal historical controls, while the high dose contains any of the ingredients listed governments or communities (also control group was at the upper end of herein, may request within 30 days after known as ‘‘economically significant’’); previous historical control groups. No publication of this notice in the Federal (2) creating serious inconsistency or Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31081 otherwise interfering with an action propionate], its acid metabolite may be disclosed publicly by EPA taken or planned by another agency; (3) quizalofop-p [R-(2-[4-((6- without prior notice to the submitter. materially altering the budgetary chloroquinoxalin-2-yl)oxy)phenoxy]) Information on the proposed action and impacts of entitlement, grants, user fees, propanoic acid], and the S enantiomers any written comments will be available or loan programs; or (4) raising novel of both the ester and the acid, all for public inspection in Rm. 1132 at the legal or policy issues arising out of legal expressed as quizalofop-p-ethyl ester, in Virginia address given above, from 8 mandates, the President’s priorities, or or on the following raw agricultural a.m. to 4:30 p.m., Monday through the principles set forth in this Executive commodities: Friday, excluding legal holidays. Order. Pursuant to the terms of this Comments and data may also be Executive Order, EPA has determined Parts per submitted electronically by sending that this rule is not ‘‘significant’’ and is Commodity million electronic mail (e-mail) to: opp- therefore not subject to OMB review. [email protected]. Electronic This action does not impose any Cottonseed ...... 0.05 comments must be submitted as an enforceable duty, or contain any Peppermint, tops ...... 2 ASCII file avoiding the use of special Spearmint, tops ...... 2 ‘‘unfunded mandates’’ as described in characters and any form of encryption. Title II of the Unfunded Mandates Comments and data will also be Reform Act of 1995 (Pub. L. 104–4), or [FR Doc. 96–15595 Filed 6–18–96; 8:45 am] accepted on disks in WordPerfect 5.1 require prior consultation as specified BILLING CODE 6560±50±F file format or ASCII file format. All by Executive Order 12875 (58 FR 58093, comments and data in electronic form October 28, 1993), entitled Enhancing must be identified by the docket number the Intergovernmental Partnership 40 CFR Parts 180 and 185 [OPP–300431]. No Confidential Partnership, or special consideration as [OPP±300431; FRL±5379±7] Business Information (CBI) should be required by Executive Order 12898 (59 submitted through e-mail. Electronic RIN 2070±AC18 FR 7629, February 16, 1994). comments on this proposed rule may be Pursuant to the requirements of the Triadimefon; Revocation of Pesticide filed online at many Federal Depository Regulatory Flexibility Act (5 U.S.C. Libraries. Additional information on 601–612), the Administrator has Tolerances and a Food Additive Regulation electronic submissions can be found determined that regulations establishing below in this document. new tolerances or raising tolerance AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: By levels or establishing exemptions from Agency (EPA). tolerance requirements do not have a mail, Lisa Nisenson, Special Review ACTION: Proposed rule. significant economic impact on a Branch (7508W), Office of Pesticide substantial number of small entities. A Programs, Environmental Protection SUMMARY: EPA is proposing to revoke Agency, 401 M St., SW., Washington, certification statement explaining the the pesticide tolerances for triadimefon factual basis for this determination was DC 20460. Office location and telephone on barley grain, green forage and straw number: 3rd floor, Crystal Station, 2800 published in the Federal Register of and the food additive regulation for May 4, 1981 (46 FR 24950). Crystal Drive, Arlington, VA 22202, triadimefon on milled fractions of barley (703) 308–8031; e-mail: List of Subjects in 40 CFR Part 180 (except flour) because there are no [email protected]. longer registered uses of triadimefon on Environmental protection, barley. EPA is proposing that the SUPPLEMENTARY INFORMATION: Administrative practice and procedure, revocation of the tolerance become I. Introduction Agricultural commodities, Pesticides effective as of May 23, 1997. and pests, Reporting and recordkeeping A. Statutory Background requirements. DATES: Written comments, identified by the docket number OPP–300431, must The Federal Food, Drug, and Cosmetic Dated: June 10, 1996. be received on or before July 19, 1996. Act (FFDCA), 21 U.S.C. 301 et seq., Stephen L. Johnson, This revocation is proposed to become authorizes the establishment by effective on May 23, 1997. regulation of maximum permissible Director, Registration Division, Office of Pesticide Programs. ADDRESSES: By mail, submit written levels of pesticides in foods. Such Therefore, it is proposed that 40 CFR comments to: Public Response and regulations are commonly referred to as part 180 be amended as follows: Program Resources Branch, Field ‘‘tolerances.’’ Without such a tolerance Operations Division (7506C), Office of or an exemption from the requirement PART 180Ð[AMENDED] Pesticide Programs, Environmental of a tolerance, a food containing a Protection Agency, 401 M St., SW., pesticide residue is ‘‘adulterated’’ under 1. The authority citation for part 180 Washington, DC 20460. In person, bring section 402 of the FFDCA and may not continues to read as follows: comments to: Rm. 1132, CM #2, 1921 be legally moved in interstate Authority: 21 U.S.C. 346a and 371. Jefferson Davis Hwy., Arlington, VA. commerce. 21 U.S.C. 331, 342. Information submitted and any The FFDCA has separate provisions 2. In § 180.441, by revising paragraph comment(s) concerning this notice may for tolerances for pesticide residues on (c) to read as follows: be claimed confidential by marking any raw agricultural commodities (RACs) part or all of that information as and tolerances on processed food. For § 180.441 Quizalofop ethyl; tolerances for ‘‘Confidential Business Information’’ pesticide residues in or on RACs, EPA residues. (CBI). Information so marked will not be establishes tolerances, or exemptions * * * * disclosed except in accordance with from tolerances when appropriate, * procedures set forth in 40 CFR part 2. under section 408. 21 U.S.C. 346a. EPA (c) Tolerances are established for the A copy of the comment(s) that does not regulates pesticide residues in combined residues of the herbicide contain CBI must be submitted for processed foods under section 409, quizalofop-p ethyl ester [ethyl (R)-(2-[4- inclusion in the public record. which pertains to ‘‘food additives.’’ 21 ((6-chloroquinoxalin-2-yl)oxy)phenoxyl] Information not marked confidential U.S.C. 348. Maximum residue 31082 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules regulations established under section comments received in EPA’s earlier and food additive regulation subject to 409 are commonly referred to as food proposal. this proposed notice. After additive regulations (hereafter referred II. Proposed Revocation consideration of comments, EPA will to as ‘‘FARs’’). issue a final order determining whether If a food additive regulation must be EPA is proposing to revoke the food revocation of the tolerances and food established, section 409 of the FFDCA additive regulation for triadimefon (1-(4- additive regulation is appropriate. Such requires that the use of the pesticide chlorophenoxy)-3,3-dimethyl-1-(1H- order will be subject to objections will be ‘‘safe’’ (21 U.S.C. 348(c)(3)). 1,2,4-triazol-1-yl)-2-butanone) and its pursuant to section 409(f)(21 U.S.C. Relevant factors in this safety metabolite beta-(4-chlorophenoxy)- 348(f)). Failure to file an objection determination include (1) the probable alpha-(1,1-dimethylethyl)-1H-1,2,4- within the appointed period will triazole-1-ethanol set to cover residues consumption of the pesticide or its constitute waiver of the right to raise in or on milled fractions of barley metabolites; (2) the cumulative effect of issues presented in the order in future (except flour). This FAR, which is the pesticide in the diet of man or proceedings. animals, taking into account any related codified at 40 CFR 185.800 is set at 4 A record has been established for this substances in the diet; and (3) ppm. EPA is also proposing to revoke rulemaking under docket number [OPP– appropriate safety factors to relate the the tolerances for 1-(4-chlorophenoxy)- 300431] (including comments and data animal data to the human risk 3,3-dimethyl-1(1H-1,2,4-triazol-1-yl)-2- submitted electronically as described evaluation. Section 409 also contains butanone and its metabolite containing chlorophenoxy and triazole moieties below). A public version of this record, the Delaney clause, which specifically (expressed as the fungicide) in or on provides that ‘‘no additive shall be including printed, paper versions of barley grain, green forage and straw. deemed safe if it has been found, after electronic comments, which does not These tolerances are codified at 40 CFR tests which are appropriate for the include any information claimed as CBI, 180.410 at 1 ppm. evaluation of the safety of food is available for inspection from 8 a.m. to EPA is proposing to revoke the above- 4:30 p.m., Monday through Friday, additives, to induce cancer when stated tolerance and FAR since the use ingested by man or animal.’’ excluding legal holidays. The public of triadimefon on barley is no longer record is located in Room 1132 of the B. Regulatory Background registered. As a matter of policy, where Public Response and Program Resources a use is no longer registered, EPA Branch, Field Operations Division Following a series of petitions related revokes the tolerance(s) and/or FAR’s to EPA’s interpretation of the Delaney (7506C), Office of Pesticide Programs, for any residues related to the deleted Environmental Protection Agency, clause, the U.S. Court of Appeals, Ninth use(s). Although EPA had proposed Circuit on July 8, 1992, ruled that the Crystal Mall #2, 1921 Jefferson Davis revocation of the FAR for triadimefon Highway, Arlington, VA. Delaney clause barred the establishment on barley in a previous notice based on of a FAR for pesticides which ‘‘induce Delaney clause grounds, EPA has noted Electronic comments can be sent cancer’’ even though the associated that where there are gounds for directly to EPA at: cancer risk may be small (Les v. Reilly, revocation of a FAR unconnected to [email protected] 968 F.2d 985 (9th Cir.), cert. denied, 113 safety, EPA generally would, as a policy S.Ct. 1361 (1993)). Shortly thereafter, matter, rely on those grounds to revoke the sole registrant of triadimefon, Miles Electronic comments must be the FAR prior to revoking finally under submitted as an ASCII file avoiding the Inc., requested voluntary cancellation of the Delaney clause (61 FR 11994, March the triadimefon use on barley, which use of special characters and any form 22, 1996) (FRL–5357–7) However, EPA of encryption. EPA granted on August 25, 1993 (58 FR has also noted that the Agency is under 44823). The effective date of the no legal obligation to subordinate the The official record for this cancellation of the use of triadimefon on Delaney clause to other grounds in a rulemaking, as well as the public barley was November 23, 1993 and the revocation proceeding (61 FR 2377, version, as described above will be kept registrant was allowed to sell stocks January 25, 1996)(FRL–4991–9). in paper form. Accordingly, EPA will labeled with the barley use up to 18 In the case of triadimefon on barley, transfer all comments received months after the effective date. the registrant requested, and EPA electronically into printed, paper form On January 18, 1995 (59 FR granted, voluntary cancellation. In the as they are received and will place the 3602)(FRL–4910–8), EPA proposed to August 25, 1993 notice, the registrant paper copies in the official rulemaking revoke, among other things, the FAR for was given 18 months, or until May 23, record which will also include all triadimefon on milled fractions of barley 1995, to sell existing stocks labelled comments submitted directly in writing. (except flour) based on the Agency’s with the use on barley. With voluntary The official rulemaking record is the determination that triadimefon induces cancellations, EPA generally allows 2 paper record maintained at the Virginia cancer in man or animals and that the years for legally-treated commodities to address in ‘‘ADDRESSES’’ at the FAR at issue violates the Delaney clear channels of trade, thus EPA is beginning of this document. clause. This notice supplements the proposing that the tolerance and FAR on IV. Regulatory Requirements proposed revocation published in the barley be revoked as of May 23, 1997. January 18, 1995 proposal with respect A. Executive Order 12866 to triadimefon, and announces an III. Consideration of Comments alternative proposal to revoke the Any interested person may submit EPA submitted this action to the triadimefon FAR and associated comments on this proposed action on or Office of Management and Budget tolerances on the basis that the tolerance before July 19, 1996 at the address given (OMB) for review and any changes made is not needed because the use was in the section above entitled during that review have been cancelled in 1993. EPA may finalize the ‘‘ADDRESSES.’’ Before issuing a final documented in the public record. EPA revocation on either of the grounds revocation, EPA will consider all does not expect any adverse economic proposed. Readers are therefore relevant comments, including those on impacts from this proposed action since encouraged to consult OPP Docket the proposed effective date. Comments the use on barley was cancelled in 1993 300360 to obtain copies of the should be limited only to the tolerances at the request of the registrant. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31083

B. Regulatory Flexibility Act 2. In part 185: Street, NW., Washington, DC. The complete text of this decision may also EPA has reviewed this proposed rule PART 185Ð[AMENDED] under the Regulatory Flexibility Act of be purchased from the Commission’s 1980 [Pub. L. 96–354; 94 Stat. 1164, 5 a. The authority citation for part 185 copy contractors, International U.S.C. 601 et seq.], and has determined continues to read as follows: Transcription Service, Inc., (202) 857– that it will not have a significant Authority: 2l U.S.C. 346a and 348. 3800, 2100 M Street, NW., Suite 140, economic impact on any small Washington, DC 20037. businesses, governments or Provisions of the Regulatory organizations. § 185.800 [Amended] Flexibility Act of l980 do not apply to this proceeding. Accordingly, I certify that this b. By removing from the table in Members of the public should note proposed rule does not require a § 185.800; the entry for ‘‘Barley, milled that from the time a Notice of Proposed separate Regulatory Flexibility Analysis fractions of barley (except flour).’’ under the Regulatory Flexibility Act. Rule Making is issued until the matter [FR Doc. 96–15479 Filed 6–18–96; 8:45 am] is no longer subject to Commission C. Paperwork Reduction Act BILLING CODE 6560±50±F consideration or court review, all ex This order does not contain any parte contacts are prohibited in information collection requirements Commission proceedings, such as this subject to review by the Office of FEDERAL COMMUNICATIONS one, which involve channel allotments. Management and Budget under the COMMISSION See 47 CFR 1.1204(b) for rules Paperwork Reduction Act of 1980, 44 governing permissible ex parte contacts. U.S.C. 3501 et seq. 47 CFR Part 73 For information regarding proper D. Unfunded Mandates Reform Act and [MM Docket No. 96±129; RM±8814] filing procedures for comments, See 47 Executive Order 12875 CFR 1.415 and 1.420. Radio Broadcasting Services; List of Subjects in 47 CFR Part 73 This action does not impose any Tehachapi, CA enforceable duty, or contain any Radio broadcasting. ‘‘unfunded mandates’’ as described in AGENCY: Federal Communications Title II of the Unfunded Mandates Commission. Federal Communications Commission. Reform Act of 1995 (Pub. L. 104–4), or ACTION: Proposed rule. John A. Karousos, require prior consultation as specified Chief, Allocations Branch, Policy and Rules by Executive Order 12875 (58 FR 58093, SUMMARY: This document requests Division, Mass Media Bureau. October 28, 1993), entitled Enhancing comments on a petition for rule making [FR Doc. 96–15472 Filed 6–18–96; 8:45 am] the Intergovernmental Partnership, or filed on behalf of Tehachapi BILLING CODE 6712±01±F special consideration as required by Broadcasting requesting the allotment of Executive Order 12898 (59 FR 7629, Channel 261A to Tehachapi, California, February 16, 1994). as that community’s second local FM 47 CFR Part 73 service. Coordinates used for Channel List of Subjects 261A at Tehachapi are 35–13–04 and [MM Docket No. 96±127; RM±8805] 40 CFR Part 180 118–20–37. Tehachapi is located within 320 kilometers (199 miles) of the Radio Broadcasting Services; Kula, HI Administrative practice and Mexico border, and therefore, the procedure, Agricultural commodities, Commission must obtain concurrence of AGENCY: Federal Communications Pesticides and pests, Reporting and the Mexican government to this Commission. recordkeeping requirements proposal. ACTION: Proposed rule. 40 CFR Part 185 DATES: Comments must be filed on or SUMMARY: This document requests Food additives, Pesticides and pests before August 5, 1996, and reply comments on or before August 20, 1996. comments on a petition for rule making Dated: June 11, 1996. ADDRESSES: Secretary, Federal filed by Sonia A. Humphrey seeking the allotment of FM Channel 244A to Kula, Lois Rossi, Communications Commission, Washington, DC 20554. In addition to Hawaii, as that locality’s first local aural Acting Director, Special Review and transmission service. Petitioner is Reregistration Division, Office of Pesticide filing comments with the FCC, Programs. interested parties should serve the requested to provide additional petitioner’s counsel, as follows: Dan J. information to establish Kula’s status as Therefore, 40 CFR parts 180 and 185 Alpert, Esq., Law Office of Dan J. Alpert, a community for allotment purposes. are proposed to be amended as follows: Coordinates for this proposal are 20–46– 1. In part 180: 2120 N. 21st Rd., Suite 400, Arlington, VA 22201. 00 and 156–20–00. PART 180Ð[AMENDED] FOR FURTHER INFORMATION CONTACT: DATES: Comments must be filed on or Nancy Joyner, Mass Media Bureau, (202) before July 29, 1996, and reply a. The authority citation for part 180 418–2180. comments on or before August 13, 1996. continues to read as follows: SUPPLEMENTARY INFORMATION: This is a ADDRESSES: Secretary, Federal Authority: 2l U.S.C. 346a and 371. synopsis of the Commission’s Notice of Communications Commission, Proposed Rule Making, MM Docket No. Washington, DC 20554. In addition to § 180.410 [Amended] 96–129, adopted June 7, 1996, and filing comments with the FCC, released June 14, 1996. The full text of interested parties should serve the b. By removing from the table in this Commission decision is available petitioner, as follows: Sonia A. § 180.410 the entries for ‘‘Barley; grain,’’ for inspection and copying during Humphrey, c/o Magic City Media, Inc., ‘‘Barley, green forage,’’ and ‘‘Barley, normal business hours in the FCC’s 1912 Capitol Avenue, Suite 300, straw.’’ Reference Center (Room 239), 1919 M Cheyenne, WY 82001. 31084 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules

FOR FURTHER INFORMATION CONTACT: WL, to avoid a short-spacing to Station Federal Communications Commission. Nancy Joyner, Mass Media Bureau, (202) WNVE, Channel 236B, South Bristol John A. Karousos, 418–2180. Township, NY. Hilton is located within Chief, Allocations Branch, Policy and Rules SUPPLEMENTARY INFORMATION: This is a 320 kilometers (200 miles) of the U.S.- Division, Mass Media Bureau. synopsis of the Commission’s Notice of Canadian border. Further, the allotment [FR Doc. 96–15470 Filed 6–18–96; 8:45 am] Proposed Rule Making, MM Docket No. will result in a short-spacing to Stations BILLING CODE 6712±01±F 96–127, adopted May 24, 1996, and CKDS-FM, Channel 237C1, Hamilton, released June 7, 1996. The full text of Ontario, Canada, and CJBC1F, Channel this Commission decision is available 238C1, Belleville, Ontario, Canada. 47 CFR Part 73 However, petitioner states that it will for inspection and copying during [MM Docket No. 96±131; RM±8810] normal business hours in the FCC’s apply for and operate the station with a Reference Center (Room 239), 1919 M directional antenna so as to avoid Radio Broadcasting Services; El Street, NW., Washington, DC. The causing interference over Canadian land Dorado, AR complete text of this decision may also area. Therefore, we will request be purchased from the Commission’s Canadian concurrence in the allotment AGENCY: Federal Communications copy contractors, International as a specially negotiated allotment. Commission. ACTION: Proposed rule. Transcription Service, Inc., (202) 857– DATES: Comments must be filed on or 3800, 2100 M Street, NW., Suite 140, before July 29, 1996, and reply SUMMARY: This document requests Washington, DC 20037. comments on or before August 13, 1996. comments on a petition for rule making Provisions of the Regulatory filed by Arkansas Radio Broadcasters Flexibility Act of l980 do not apply to ADDRESSES: Federal Communications requesting the allotment of Channel this proceeding. Commission, Washington, DC 20554. In 268A to El Dorado, Arkansas, as that Members of the public should note addition to filing comments with the community’s fifth local FM that from the time a Notice of Proposed FCC, interested parties should serve the transmission service. Coordinates used Rule Making is issued until the matter petitioner, or its counsel or consultant, for Channel 268A at El Dorado, is no longer subject to Commission as follows: Alan SW. Bishop, d/b/a Arkansas, are 33–10–27 and 92–38–55. consideration or court review, all ex Hilton Broadcasting, 679 Furman Road, parte contacts are prohibited in Fairport, New York 14450 (Petitioner). DATES: Comments must be filed on or Commission proceedings, such as this before August 5, 1996, and reply FOR FURTHER INFORMATION CONTACT: comments on or before August 20, 1996. one, which involve channel allotments. Leslie K. Shapiro, Mass Media Bureau, ADDRESSES: Secretary, Federal See 47 CFR 1.1204(b) for rules (202) 418–2180. governing permissible ex parte contacts. Communications Commission, For information regarding proper SUPPLEMENTARY INFORMATION: This is a Washington, DC 20554. In addition to filing procedures for comments, See 47 synopsis of the Commission’s Notice of filing comments with the FCC, CFR 1.415 and 1.420. Proposed Rule Making, MM Docket No. interested parties should serve the 96–125, adopted May 24, 1996, and petitioner, as follows: Arkansas Radio List of Subjects in 47 CFR Part 73 released June 7, 1996. The full text of Broadcasters, Attn: Carol B. Ingram, Radio broadcasting. this Commission decision is available President, P. O. Box 73, Batesville, MS Federal Communications Commission. for inspection and copying during 38606. John A. Karousos, normal business hours in the FCC FOR FURTHER INFORMATION CONTACT: Reference Center (Room 239), 1919 M Chief, Allocations Branch, Policy and Rules Nancy Joyner, Mass Media Bureau, (202) Division, Mass Media Bureau. Street, NW., Washington, DC. The 418–2180. complete text of this decision may also [FR Doc. 96–15471 Filed 6–18–96; 8:45 am] SUPPLEMENTARY INFORMATION: This is a be purchased from the Commission’s BILLING CODE 6712±01±F synopsis of the Commission’s Notice of copy contractor, International Proposed Rule Making, MM Docket No. Transcription Services, Inc., (202) 857– 96–131, adopted June 7, 1996, and 47 CFR Part 73 3800, 2100 M Street, NW., Suite 140, released June 14, 1996. The full text of Washington, DC 20037. this Commission decision is available [MM Docket No. 96±125; RM±8807] Provisions of the Regulatory for inspection and copying during Radio Broadcasting Services; Hilton, Flexibility Act of 1980 do not apply to normal business hours in the FCC’s NY this proceeding. Reference Center (Room 239), 1919 M Members of the public should note Street, NW., Washington, DC. The AGENCY: Federal Communications that from the time a Notice of Proposed complete text of this decision may also Commission. Rule Making is issued until the matter be purchased from the Commission’s ACTION: Proposed rule. is no longer subject to Commission copy contractors, International consideration or court review, all ex Transcription Service, Inc., (202) 857– SUMMARY: The Commission requests parte contacts are prohibited in 3800, 2100 M Street, NW., Suite 140, comments on a petition filed by Alan Commission proceedings, such as this Washington, DC 20037. Bishop d/b/a Hilton Broadcasting one, which involve channel allotments. Provisions of the Regulatory seeking the allotment of Channel 238A See 47 CFR 1.1204(b) for rules Flexibility Act of l980 do not apply to to Hilton, NY, as the community’s first governing permissible ex parte contacts. this proceeding. local aural transmission service. Members of the public should note Channel 238A can be allotted to Hilton For information regarding proper that from the time a Notice of Proposed in compliance with the Commission’s filing procedures for comments, see 47 Rule Making is issued until the matter minimum distance separation CFR 1.415 and 1.420. is no longer subject to Commission requirements with a site restriction of List of Subjects in 47 CFR Part 73 consideration or court review, all ex 1.9 kilometer (1.2 miles) north, at parte contacts are prohibited in coordinates 43–18–15 NL; 77–47–56 Radio broadcasting. Commission proceedings, such as this Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31085 one, which involve channel allotments. complete text of this decision may also at the hearing should notify the FRA See 47 CFR 1.1204(b) for rules be purchased from the Commission’s Docket Clerk at least five working days governing permissible ex parte contacts. copy contractor, ITS, Inc., (202) 857– before the hearing, by telephone (202) For information regarding proper 3800, 2100 M Street, NW., Suite 140, 366–2257 or by mail. filing procedures for comments, See 47 Washington, DC 20037. ADDRESSES: The public hearing will be CFR 1.415 and 1.420. Provisions of the Regulatory held in the Executive Room, Holiday Flexibility Act of 1980 do not apply to List of Subjects in 47 CFR Part 73 Inn Capitol Hill, which is located at 415 this proceeding. New Jersey Avenue, N.W., Washington, Radio broadcasting. Members of the public should note D.C. 20001. Federal Communications Commission. that from the time a Notice of Proposed FOR FURTHER INFORMATION CONTACT: John A. Karousos, Rule Making is issued until the matter Gordon A. Davids, P.E., Bridge Chief, Allocations Branch, Policy and Rules is no longer subject to Commission Engineer, Office of Safety, FRA, 400 Division, Mass Media Bureau. consideration or court review, all ex Seventh Street S.W., Room 8326, [FR Doc. 96–15469 Filed 6–18–96; 8:45 am] parte contacts are prohibited in Washington, D.C. 20590 (telephone: Commission proceedings, such as this BILLING CODE 6712±01±F 202–366–0507); Phil Olekszyk, Deputy one, which involve channel allotments. Associate Administrator for Safety See 47 CFR 1.1204(b) for rules Compliance and Program 47 CFR Part 73 governing permissible ex parte contacts. Implementation, FRA, 400 Seventh For information regarding proper Street S.W., Room 8320A, Washington, [MM Docket No.96±130, RM±8818] filing procedures for comments, see 47 D.C. 20590 (telephone 202–366–0897); CFR 1.415 and 1.420. Radio Broadcasting Services; or Cynthia Walters, Trial Attorney, Grenada, MS List of Subjects in 47 CFR Part 73 Office of Chief Counsel, FRA, 400 Seventh Street S.W., Room 8201, AGENCY: Federal Communications Radio broadcasting. Washington, D.C. 20590 (telephone Commission. Federal Communications Commission. 202–366–0621). ACTION: Proposed rule. John A. Karousos, S. Mark Lindsey, Chief, Allocations Branch, Policy and Rules Chief Counsel, Federal Railroad SUMMARY: The Commission requests Division, Mass Media Bureau. Administration. comments on a petition by Darby Radio [FR Doc. 96–15468 Filed 6–18–96; 8:45 am] [FR Doc. 96–15563 Filed 6–18–96; 8:45 am] Enterprises proposing the allotment of Channel 267A at Grenada, Mississippi, BILLING CODE 6712±01±F BILLING CODE 4910±06±P as an additional FM service. Channel 267A can be allotted to Grenada in 49 CFR Part 214 compliance with the Commission’s DEPARTMENT OF TRANSPORTATION minimum distance separation [FRA Docket No. RSOR 13, Notice No. 8] Federal Railroad Administration requirements with a site restriction of RIN 2130±AA86 9.2 kilometers (5.7 miles) west to avoid 49 CFR Part 214 short-spacing conflicts with the licensed Roadway Worker Protection site of Station WJDQ(FM), Channel [FRA Docket No. RSOR 13, Notice No. 7] AGENCY: Federal Railroad 267C1, Meridian, Mississippi, and to the RIN 2130±AA86 Administration (FRA); Department of proposal (FM–7437) to add Channel Transportation (DOT). 269A at Coffeeville, Mississippi. The Roadway Worker Protection coordinates for Channel 267A at ACTION: Notice of meeting. AGENCY: Federal Railroad Grenada are 33–47–48 and 89–54–29. Administration (FRA), Department of SUMMARY: The Federal Railroad DATES: Comments must be filed on or Transportation (DOT). Administration is announcing a meeting before August 5, 1996, and reply of the Roadway Worker Protection ACTION: Notice of hearing. comments on or before August 20, 1996. Advisory Committee (Committee) to ADDRESSES: Federal Communications SUMMARY: On March 14, FRA published review comments submitted in response Commission, Washington, DC 20554. In its Notice of Proposed Rulemaking on to the publication of the Notice of addition to filing comments with the Roadway Worker Protection (61 FR Proposed Rulemaking (NPRM) on March FCC, interested parties should serve the 10528), which was the product of the 14, (61 FR 10528). petitioner, or its counsel or consultant, agency’s first regulatory negotiation. DATES: The Committee will hold an as follows: Darby Radio Enterprises, FRA announced at that time that a additional meeting on July 12, 1996 P.O. Box 9, Charleston, Mississippi public hearing would only be scheduled from 8:30 a.m. to 5:30 p.m. 38921 (petitioner). if it was requested, since the negotiated ADDRESSES: The meeting will be held in FOR FURTHER INFORMATION CONTACT: Pam rulemaking process has already the Executive Room, Holiday Inn, Blumenthal, Mass Media Bureau, (202) provided a significant opportunity for Capitol Hill, which is located at 415 418–2180. oral presentations and participation by New Jersey Avenue, N.W., Washington, SUPPLEMENTARY INFORMATION: This is a the public. An expression of interest in D.C. 20001. synopsis of the Commission’s Notice of having a hearing was submitted on FOR FURTHER INFORMATION CONTACT: Proposed Rule Making, MM Docket behalf of one person whom we have not Cynthia Walters, Trial Attorney, Office No.96–130, adopted June 7, 1996, and been able to identify or contact. of Chief Counsel, FRA, 400 Seventh released June 14, 1996. The full text of However, in accordance with 5 U.S.C. Street S.W., Room 8201, Washington, this Commission decision is available § 553 and 49 U.S.C. § 20103(e), FRA is D.C. 20590 (Telephone: 202–366–0621); for inspection and copying during holding the requested hearing. or Gordon Davids, P.E., Bridge Engineer, normal business hours in the FCC’s DATES: A public hearing will be held Office of Safety, FRA, 400 Seventh Reference Center (Room 239), 1919 M from 12:30 p.m. to 5:30 p.m. on July 11, Street S.W., Room 8326, Washington, Street, NW., Washington, DC. The 1996. Any person who wishes to speak D.C. 20590 (Telephone: 202–366–0507). 31086 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules

SUPPLEMENTARY INFORMATION: On March Written comments: Written comments hold these meetings based on the 14, 1996, FRA published its NPRM on may be submitted to the agency and geographic locations served by the Roadway Worker Protection. The NPRM must be received by September 16, NHTSA Regional Offices. This meeting was the product of FRA’s first 1996. is being held in NHTSA Region 5 which negotiated rulemaking. Consistent with ADDRESSES: Public meeting: The public includes the following States: Illinois; the Administrative Procedures Act (5 meeting will be held at the following Indiana; Michigan; Minnesota; Ohio; U.S.C. § 553), FRA solicited and location: Holiday Inn, 411 South Larkin, and Wisconsin. Interested parties from received comments on the proposed Joliet, IL 60436, Tel: (815) 729–2000. these states are encouraged to attend. rule. In accordance with spirit of the Written comments: All written However, parties from other states are Negotiated Rulemaking Act (5 U.S.C. comments (preferably 10 copies) should also welcome. § 561 et seq.) FRA is allowing the be mailed to the Docket Section, NHTSA recognizes that manufacturers Committee to consider these comments National Highway Traffic Safety who build school buses operate under and make a recommendation to FRA Administration, Room 5109, 400 7th different conditions than manufacturers regarding their status prior to issuing a Street, SW, Washington, DC 20590. of passenger cars and trucks. In Final Rule. FRA continues to believe Please refer to the docket number when addition, the agency is aware that that public participation is critical to the submitting written comments. school transportation providers and success of this process. This negotiating FOR FURTHER INFORMATION CONTACT: school bus manufacturers share a session will be open to the public, Charles Hott, Office of Vehicle Safety common interest in matters relating to pursuant to the Federal Advisory Standards, NPS–15, NHTSA, 400 7th pupil transportation safety. Therefore, Committee Act (Pub. L. 92–463). Street, SW, Washington, DC 20590 the agency has decided to hold public S. Mark Lindsey, (telephone 202–366–0247, Fax: 202– meetings to listen to the views of these Chief Counsel, Federal Railroad 366–4329). groups and others in order to be better Administration. informed of their specific needs. The SUPPLEMENTARY INFORMATION: [FR Doc. 96–15562 Filed 6–18–96; 8:45 am] agency is interested in obtaining their BILLING CODE 4910±06±P Regulatory Reform views on how it can improve its Calling for a new approach to the way regulations that govern the manufacture Government regulates the private sector, of school buses. Suggestions should be National Highway Traffic Safety President Clinton asked Executive accompanied by a statement of the Administration Branch agencies to improve the rationale for the suggested action and of regulatory process. Specifically, the the expected consequences of that 49 CFR Part 571 President requested that agencies: (1) action. Suggestions should address at least the following considerations: [Docket No. 95±98; Notice No. 2] cut obsolete regulations; (2) reward agency and regulator performance by Administrative/compliance burdens Public Meeting on School Bus rewarding results, not red tape; (3) Cost effectiveness Transportation. create grassroots partnerships by Costs of the existing regulation and the proposed changes to consumers meeting with those affected by Costs of testing or certification to regulated AGENCY: National Highway Traffic regulations and other interested parties; Safety Administration (NHTSA), DOT. parties and (4) use consensual rulemaking, such Effects on safety ACTION: Notice of public meeting; as regulatory negotiation, more Effects on small businesses request for comments. frequently. Enforceability of the standard NHTSA previously announced public Whether the suggestion reflects a ‘‘common SUMMARY: This notice announces a meetings to create grassroots sense’’ approach to solving the problem public meeting at which NHTSA will partnerships with regulated industries Statements should be as specific as seek information about school bus and other affected parties that do not possible and provide the best available transportation. NHTSA held a national deal with NHTSA on a routine basis. By supporting information. Statements also meeting on February 14, 1996. In meeting with these groups, NHTSA should specify whether any change response to comments received at the believes that it can build a better recommended in the regulatory process February meeting, NHTSA is holding understanding of their needs and would require a legislative change in regional meetings. NHTSA is seeking concerns. NHTSA’s authority. information from school bus At the February 14, 1996 public manufacturers, school transportation meeting on school bus transportation Other Topics of Interest providers, and other members of the commenters suggested that NHTSA hold In recent years there have been many public on issues related to the public meetings in different regions of changes to the Federal requirements for transportation of school children. the country. By holding regional public school buses. These new requirements NHTSA is also requesting suggestions meetings on school bus transportation, include stop arms for all school buses, for actions with respect to NHTSA’s NHTSA hopes to obtain the views from more emergency exits for most of the regulations and Federal Motor Vehicle those parties affected by school bus larger school buses, performance Safety Standards (FMVSS) that govern transportation and the public on the requirements for wheelchair restraints the manufacture of school buses. This local issues, as well as, national issues. in school buses, and mirror systems that notice also invites written comments on NHTSA believes that their views are are performance based instead of design the same subject. important because school bus based. Future requirements includes DATES: Public meeting: The meeting will transportation is an issue that affects antilock brake systems for large school be held on August 15, 1996 at 9:00 a.m. most school districts in the United buses and may require small school Those wishing to make oral States. This meeting is a way of buses to meet Standard No. 221, joint presentations at the meeting should obtaining information from those strength. contact Charles Hott, at the address or persons that do not attend the national Improvements have been made to the telephone number listed below, by meetings on school transportation on a safety of the school bus loading zones. August 8, 1996. regular basis. NHTSA has decided to The stop arm and mirror requirements Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31087 were implemented to reduce the If time permits, persons who have not complete submission, including number of loading zone injuries and requested time to speak, but would like purportedly confidential business fatalities. However, changes in clothing to make a statement, will be afforded an information, should be submitted to the style and design have resulted in opportunity to do so. Chief Counsel, NHTSA, Room 5219, at snagging and dragging injuries to bus The agency is interested in obtaining the street address given above, and occupants departing from the school the views of its customers both orally copies from which the purportedly bus. Most manufacturers have and in writing. An agenda for the confidential information has been implemented recalls to modify handrail meeting will be made based on the deleted should be submitted to the designs. number of persons wishing to make oral Docket Section. A request for The agency is interested in your views presentations and will be available on confidentiality should be accompanied on how the above regulations and the day of the meeting. by a cover letter setting forth the developments have affected school bus Those speaking at the public meeting information specified in the agency’s safety. Have increased costs of school should limit their presentations to 20 confidential business information buses affected the normal replacement minutes. If the presentation will include regulation (49 CFR Part 512.) cycle for your school buses? slides, motion pictures, or other visual All comments received before the There have also been many changes to aids, please indicate so that the proper close of business on the comment the Federal requirements for school bus equipment may be made available. closing date indicated above will be drivers. School bus drivers are now Presenters should bring at least one considered. Comments will be available required to possess a commercial copy of their presentation to the meeting for inspection in the docket. drivers license which requires pre- so that NHTSA can readily include the After the closing date, NHTSA will employment drug tests and random material in the public record. continue to file relevant information in A schedule of participants making drug and alcohol tests. Staff from the the docket as it becomes available. It is oral presentations will be available at Federal Highway Administration will be therefore recommended that interested the designated meeting room. NHTSA available to answer questions at the persons continue to examine the docket will place a copy of any written meeting. for new material. statement in the docket for this notice. Procedural Matters Participation in the meeting is not a Authority: 49 U.S.C. 322, 30111, 30115, The agency intends to conduct the prerequisite for the submission of 30117, and 30166; delegation of authority at meeting informally so as to allow for written comments. NHTSA invites 49 CFR 1.50. maximum participation by all who written comments from all interested Issued: June 14, 1996. attend. Interested persons may ask parties. It is requested but not required Barry Felrice, questions or provide comments during that 10 copies be submitted. Associate Administrator for Safety any period after a party has completed If a commenter wishes to submit Performance Standards. its presentation, on a time allowed basis certain information under a claim of [FR Doc. 96–15593 Filed 6–18–96; 8:45 am] as determined by the presiding official. confidentiality, three copies of the BILLING CODE 4910±59±P 31088

Notices Federal Register Vol. 61, No. 119

Wednesday, June 19, 1996

This section of the FEDERAL REGISTER techniques or other forms of information basis on the FCS–388, State Issuance contains documents other than rules or technology. and Participation Estimates, estimated proposed rules that are applicable to the All comments will be summarized or actual issuance and participation data public. Notices of hearings and investigations, and included in the request for Office of for the current month and previous committee meetings, agency decisions and Management and Budget approval of the month, and actual participation data for rulings, delegations of authority, filing of petitions and applications and agency information collection. All comments the second preceding month. The FCS– statements of organization and functions are will become a matter of public record. 388 report provides the necessary data examples of documents appearing in this FOR FURTHER INFORMATION CONTACT: for an early warning system to enable section. Joseph H. Pinto, telephone number (703) the Department to fulfil its reporting 305–2383. requirements to Congress. SUPPLEMENTARY INFORMATION: State agencies in general only submit DEPARTMENT OF AGRICULTURE Title: Form FCS–388, State Issuance one Statewide FCS–388 per month. The and Participation Estimates. only exception is that State agencies Food and Consumer Service OMB Number: 0584–0081. which choose to operate an approved alternative issuance demonstration Food Stamp Program: Agency Expiration Date: September 30, 1996. project such as cash-out or electronic Information Collection Activities: Type of Request: Extension of a benefits submit a separate report for Proposed Collection, Comment currently approved collection. each type of alternative issuance. With RequestÐFederal Collection of State Abstract: Section 18(b) of the Food State agency automated information Participation Reporting Stamp Act limits the value of allotments paid to food stamp households to an systems, the separate report for an AGENCY: Food and Consumer Service, amount not in excess of the alternative issuance demonstration USDA. appropriation for the fiscal year. If project should have a negligible impact ACTION: Notice. allotments in any fiscal year would on the burden. exceed the appropriation, the Secretary In addition, State agencies are SUMMARY: In accordance with the of Agriculture is required to direct State required to submit a project area Paperwork Reduction Act of 1995, the agencies to reduce the value of food breakdown on the FCS–388A of Food and Consumer Service (FCS) is stamp allotments to the extent necessary issuance and participation data twice a publishing for public comment a to stay within appropriated funding year. This data is useful in identifying summary of a proposed information levels. project areas that are required to do collection. The proposed collection is Section 18(a) of the Food Stamp Act photo identification of heads of an extension of collection currently requires the Secretary of Agriculture to households or to operate fraud detection approved under OMB No. 0584–0081. submit a monthly report to Congress units in accordance with the Act. DATES: Comments on this notice must be setting forth the Secretary’s best Beginning July 1993, State agencies received by August 19, 1996 to be estimate of the second preceding were allowed to submit the FCS–388 assured of consideration. month’s expenditures for the Food data electronically to the national ADDRESSES: Send comments and Stamp Program as well as the database files stored in FCS’ Food requests for copies of this information cumulative total for the fiscal year. In Stamp Program Integrated Information collection to Joseph H. Pinto, Chief, each monthly report the Secretary is System in lieu of a paper report. The State Administration Branch, Food required to also state whether voluntary changeover from paper to Stamp Program, Food and Consumer supplemental appropriations will be electronic reporting of FCS–388 data by Service, USDA, 3101 Park Center Drive, needed to support the operation of the States was done as part of FCS’ State Alexandria, VA 22302. Copies of the program through the end of the fiscal Cooperative Data Exchange (SCDEX) estimate of the information collection year. The timeliness and accuracy of the Project. This project is being expanded can be obtained by contacting Mr. Pinto. data available to the Secretary prior to each year as more FCS forms are Comments are invited on: (a) Whether submitting this report will have a direct transformed to electronic formats for the proposed collection of information effect upon any request for State data entry. As of April 1996, 45 is necessary for the proper performance supplemental appropriations that may State agencies submit the FCS–388 data of the functions of the Agency, be submitted and the manner in which electronically and 8 State agencies including whether the information will allotments will be reduced if the submit paper reports. have practical utility; (b) the accuracy of supplemental appropriation is not Respondents: State agencies that the Agency’s estimate of the burden of provided. While benefit reductions have administer the Food Stamp Program. the proposed collection of information never been ordered in the past under Number of Respondents: 53. including the validity of the Section 18(b) nor are they anticipated Estimated Number of Responses per methodology and assumptions used; (c) based on current data, the Department Respondent: ways to enhance the quality, utility, and must continue to monitor actual Form FCS–388: 53 State agencies 12 clarity of the information to be program costs against the appropriation. times a year. collected; and (d) ways to minimize the Section 11(e)(12) of the Food Stamp Form FCS–388A: 53 State agencies burden of the collection of information Act requires that the State Plan of twice a year. on those who are to respond, including Operations shall provide for the Estimate of Burden: through the use of appropriate submission of reports required by the Form FCS–388: The State agencies automated, electronic, mechanical, or Secretary of Agriculture. State agencies submit Form FCS–388 10 times per year other technological collection are required to report on a monthly at an estimate of 5.60 hours per Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31089 respondent, or 2,970 hours. The four weeks prior to the first Friday of Services, Architectural and remaining two FCS–388 submissions the last month before the beginning of Transportation Barriers Compliance with a public assistance (PA) and non- the quarter. Board, 1331 F Street, NW., suite 1000, public assistance (NA) caseload In accordance with 7 CFR 1714.5, the Washington, DC 20004–1111. breakout are covered under the FCS– interest rates are established as shown Telephone (202) 272–5434 ext. 21 388A twice a year submissions (see in the following table for all interest rate (voice); (202) 272–5449 (TTY). This below). terms that begin at any time during the document is available in alternate Form FCS–388A: The State agencies third calendar quarter of 1996. formats (cassette tape, braille, large submit a more detailed FCS–388 (with Interest rate term ends in ...... RUS rate print, or computer disk) upon request. PA and NA breakout) twice a year and (year)...... (0.000 percent) SUPPLEMENTARY INFORMATION: FCS–388A project area breakdown twice 2017 or later ...... 5.875 In a year at an estimate of 14.8 hours per 2016 ...... 5.750 September 1994, the Access Board respondent, or 1,572 hours. 2015 ...... 5.750 established an advisory committee to Estimated Total Annual Burden on 2014 ...... 5.750 review the Americans with Disabilities Respondents: The annual reporting and 2013 ...... 5.750 Act Accessibility Guidelines (ADAAG) recordkeeping burden for OMB No. 2012 ...... 5.625 for buildings and facilities. 36 CFR part 2011 ...... 5.625 0584–0081 is estimated to be 4,542 1191, appendix A. The advisory 2010 ...... 5.500 committee will make recommendations hours and is unchanged from the 2009 ...... 5.500 currently approved burden. 2008 ...... 5.375 to the Access Board for updating ADAAG to ensure that the guidelines Dated: June 6, 1996. 2007 ...... 5.250 2006 ...... 5.250 remain a state-of-the-art document William E. Ludwig, 2005 ...... 5.125 which is generally consistent with Administrator. 2004 ...... 5.000 technological developments and [FR Doc. 96–15626 Filed 6–18–96; 8:45 am] 2003 ...... 4.875 changes in national standards and BILLING CODE 3410±30±U 2002 ...... 4.750 model codes, and continue to meet the 2001 ...... 4.750 needs of individuals with disabilities. 2000 ...... 4.625 The advisory committee is scheduled to Rural Utilities Service 1999 ...... 4.500 1998 ...... 4.250 complete its work in September 1996. Municipal Interest Rates for the Third 1997 ...... 3.625 The advisory committee will meet on Quarter of 1996 Dated: June 12, 1996. the dates and at the location announced Wally Beyer, in this notice. At the meeting on July 7, AGENCY: Rural Utilities Service, USDA. Administrator, Rural Utilities Service. 1996, the advisory committee will ACTION: Notice of municipal interest discuss the following items which were [FR Doc. 96–15518 Filed 6–18–96; 8:45 am] rates on advances from insured electric tabled from previous meetings: work loans for the third quarter of 1996. BILLING CODE 3410±15±P areas (ADAAG 4.1.1(3)) and reach ranges (ADAAG 4.2 and 4.27). There SUMMARY: The Rural Utilities Service will be a public comment period before hereby announces the interest rates for ARCHITECTURAL AND each item for persons interested in the advances on municipal rate loans with TRANSPORTATION BARRIERS item to present their views to the interest rate terms beginning during the COMPLIANCE BOARD advisory committee. third calendar quarter of 1996. DATES: These interest rates are effective ADAAG Review Advisory Committee; The advisory committee will also for interest rate terms that commence Meeting discuss the recommendations of a joint work group of the advisory committee during the period beginning July 1, AGENCY: Architectural and 1996, and ending September 30, 1996. and the ANSI A117 Committee Transportation Barriers Compliance regarding harmonization of ADAAG and FOR FURTHER INFORMATION CONTACT: Board. the A117.1 standard. The advisory Carolyn Dotson, Loan Funds Control ACTION: Notice of meeting. committee is expected to begin this Assistant, U.S. Department of SUMMARY: The Architectural and discussion on the afternoon of July 7, Agriculture, Rural Utilities Service, 1996 and continue the discussion on room 2230–s, 14th Street & Transportation Barriers Compliance Board (Access Board) gives notice of the July 8 and 9, 1996. There will be a Independence Avenue, SW., AgBox public comment period each day before 1522, Washington, DC 20250–1522. dates and location of the meetings of the ADAAG Review Advisory Committee. the advisory committee discusses the Telephone: 202–720–1928. FAX: 202– harmonization items. 720–4120. E-mail: DATES: The ADAAG Review Advisory [email protected]. Committee will meet on July 7, 8, and The meetings are open to the public. SUPPLEMENTARY INFORMATION: The Rural 9, 1996. The July 7 and 8 meetings will The meeting site is accessible to Utilities Service (RUS) hereby begin at 10:00 a.m. and end no later individuals with disabilities. announces the interest rates on than 6:00 p.m. The July 9 meeting will Individuals with hearing impairments advances made during the third begin at 9:00 a.m. and end no later than who require sign language interpreters calendar quarter of 1996 for municipal 5:00 p.m. should contact Marsha Mazz by June 28, rate electric loans. Pursuant to RUS ADDRESSES: The meetings will be held at 1996, by calling (202) 272–5434 ext. 21 regulations at 7 CFR 1714.4, each the offices of the Paralyzed Veterans of (voice) or (202) 272–5449 (TTY). advance of funds on a municipal rate America, 801 18th Street, NW., James J. Raggio, loan shall bear interest at a single rate Washington, DC. General Counsel. for each interest rate term. Pursuant to FOR FURTHER INFORMATION CONTACT: For [FR Doc. 96–15594 Filed 6–18–96; 8:45 am] 7 CFR 1714.5, the interest rates on these further information regarding the BILLING CODE 8150±01±P advances are based on indexes meetings, please contact Marsha Mazz, published in the ‘‘Bond Buyer’’ for the Office of Technical and Information 31090 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

CONSUMER PRODUCT SAFETY pursuant to the emergency processing B. Annual Reporting Burden COMMISSION provisions of the Paperwork Reduction Public reporting burden for this Act of 1995 (Public Law 104–13). This Sunshine Act Meeting collection of information is estimated to OMB clearance (9000–0139) currently average 0.50 minutes per response, expires on July 31, 1996. The AGENCY: U.S. Consumer Product Safety including the time for reviewing Commission. requirement was published in the instructions, searching existing data Federal Register as an interim rule (60 TIME AND DATE: sources, gathering and maintaining the Thursday, June 27, 1996, FR 55306, October 30, 1995) and public 10:00 a.m. data needed, and completing and comments were solicited. Public reviewing the collection of information. LOCATION: Room 410, East West Towers, comments were again solicited on The annual reporting burden is 4330 East West Highway, Bethesda, January 31, 1996 (61 FR 3386), and Maryland. estimated as follows: Respondents April 12, 1996 (61 FR 16242). One (includes first-tier subcontractors), STATUS: Closed to the Public. comment has been received to date. It 167,487; responses per respondent, 1; will be considered along with all MATTER TO BE CONSIDERED: total annual responses, 167,487; substantive comments on the rule in preparation hours per response, 0.50; Compliance Status Report finalization of the rule. and total response burden hours, The staff will brief the Commission on the DATES: Comment Due Date: August 19, 83,744. status of various compliance matters. 1996. Obtaining Copies of Justifications: For a recorded message containing the Requester may obtain copies of latest agenda information, call (301) ADDRESSES: Comments regarding this justifications from the General Services 504–0709. burden estimate or any other aspect of Administration, FAR Secretariat this collection of information, including CONTACT PERSON FOR ADDITIONAL (MVRS), Room 4037, Washington, DC suggestions for reducing this burden, 20405, telephone (202) 501–2164. Please INFORMATION: Sadye, E. Dunn, Office of should be submitted to: FAR Desk the Secretary, 4330 East West Highway, cite OMB Control No. 9000–0139, Bethesda, MD 20207 (301) 504–0800. Officer, OMB, Room 10102, NEOB, Federal Acquisition and Community Washington, DC 20503, and a copy to Right-to-Know, in all correspondence. Dated: June 17, 1996. the General Services Administration, Dated: June 13, 1996. Sadye E. Dunn, FAR Secretariat, 18th & F Streets, NW, Shari Kiser, Secretary. Room 4037, Washington, DC 20405. FAR Secretariat. [FR Doc. 96–15787 Filed 6–17–96; 2:25 pm] Please cite OMB Control No. 9000–0139, [FR Doc. 96–15624 Filed 6–18–96; 8:45 am] BILLING CODE 6355±01±M Federal Acquisition and Community Right-to-Know, in all correspondence. BILLING CODE 6820±EP±P FOR FURTHER INFORMATION CONTACT: Mr. DEPARTMENT OF DEFENSE Ralph De Stefano, Federal Acquisition Department of the Air Force Policy Division, GSA (202) 501–1758. GENERAL SERVICES USAF Scientific Advisory Board ADMINISTRATION SUPPLEMENTARY INFORMATION: Meeting NATIONAL AERONAUTICS AND A. Purpose The Munitions Quick Look Panel, SPACE ADMINISTRATION USAF Scientific Advisory board, will The interim rule added FAR Subpart meet from 18–19 July 1996 at Dayton, [OMB Control No. 9000±0139; FAR Case 95± 23.9 and its associated solicitation OH, from 8:00 a.m. to 5:00 p.m. 305] provision and contract clause which The purpose of the meeting is for the implement the requirements of members to evaluate Air Force response Proposed Collection; Comment Executive Order (E.O.) 12969 of August to an environmental hazard. Request Entitled Federal Acquisition 8, 1995 (60 FR 40989, August 10, 1995), The meeting will be closed to the and Community Right-to-Know ‘‘Federal Acquisition and Community public in accordance with Section 552b Right-to-Know,’’ and the Environmental AGENCIES: Department of Defense (DOD), of Title 5, United States Code, Protection Agency’s ‘‘Guidance General Services Administration (GSA), specifically subparagraphs (1) and (4) Implementing Executive Order 12969; and National Aeronautics and Space thereof. Federal Acquisition; Community Right- Administration (NASA). For further information, contact the to-Know; Toxic Chemical Release ACTION: Notice of request for public Scientific Advisory Board Secretariat at Reporting’’ (60 FR 50738, September 29, comments regarding an extension to an (703) 697–8404. 1995). The interim rule requires offerors existing OMB clearance received Patsy J. Conner, pursuant to the emergency processing in competitive acquisitions over $100,000 (including options) to certify Air Force Federal Register Liaison Officer. provisions of the Paperwork Reduction [FR Doc. 96–15614 Filed 6–18–96; 8:45 am] Act of 1995 (Public Law 104–13) (9000– that they will comply with applicable BILLING CODE 3910±01±M 0139). toxic chemical release reporting requirements of the Emergency Planning SUMMARY: Under the provisions of the and Community Right-to-Know Act of Defense Information Systems Agency Paperwork Reduction Act of 1995 (44 1986 (42 U.S.C. 11001–11050) and the U.S.C. Chapter 35), the Federal Pollution Prevention Act of 1990 (42 Membership of the Defense Acquisition Regulation (FAR) U.S.C. 13101–13109). The rule does not Information Systems Agency Senior Secretariat has submitted to the Office apply to acquisitions of commercial Executive Service (SES) Performance of Management and Budget (OMB) a items under FAR Part 12 or contractor Review Board (PRB) request to review and approve an facilities located outside the United extension of a currently approved States. This rule does not apply to AGENCY: Defense Information System information collection approved subcontractors beyond first-tier. Agency. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31091

ACTION: Notice of membership of the (44 U.S.C. Chapter 3507 (j)), since collection, grouped by office, contains Defense Information Systems Agency public harm is reasonably likely to the following: (1) Type of review Senior Executive Service Performance result if normal clearance procedures requested, e.g., new, revision, extension, Review Board. are followed. Approval by the Office of existing or reinstatement; (2) Title; (3) Management and Budget (OMB) has Summary of the collection; (4) SUMMARY: This notice announces the been requested by June 14, 1996. A Description of the need for, and appointment of the members of the regular clearance process is also proposed use of, the information; (5) Performance Review Board of the beginning. Interested persons are Respondents and frequency of Defense Information Systems Agency. invited to submit comments on or before collection; and (6) Reporting and/or The publication of membership is August 19, 1996. Recordkeeping burden. ED invites required by 5 U.S.C. 4314(c)(4). ADDRESSES: Written comments public comment at the address specified The Performance Review Board regarding the emergency review should above. Copies of the requests are provides fair and impartial review of be addressed to the Office of available from Patrick J. Sherrill at the Senior Executive Service performance Information and Regulatory Affairs, address specified above. appraisals and makes recommendations Attention: Wendy Taylor, Desk Officer: The Department of Education is regarding performance ratings and Department of Education, Office of especially interested in public comment performance awards to the Director, Management and Budget, 725 17th addressing the following issues: (1) is DISA. Street, NW., Room 10235, New this collection necessary to the proper EFFECTIVE DATE: 7 June 1996. Executive Office Building, Washington, functions of the Department, (2) will FOR FURTHER INFORMATION CONTACT: D.C. 20503. Requests for copies of the this information be processed and used Ms. Carrie K. Bazemore, SES Program proposed information collection request in a timely manner, (3) is the estimate Manager, Civilian Personnel Division, should be addressed to Patrick J. of burden accurate, (4) how might the Personnel and Administration Sherrill, Department of Education, 7th & Department enhance the quality, utility, Manpower Directorate, Defense D Streets, SW, Room 5624, Regional and clarity of the information to be Information Systems Agency (703) 607– Office Building 3, Washington, DC collected, and (5) how might the 4411. 20202–4651. Written comments Department minimize the burden of this SUPPLEMENTARY INFORMATION: In regarding the regular clearance and collection on the respondents, including accordance with 5 U.S.C. 4314(c)(4), the requests for copies of the proposed through the use of information following are names and titles of the information collection requests should technology. executives who have been appointed to be addressed to Patrick J. Sherrill, Department of Education, 600 Dated: June 13, 1996. serve as members of the SES Arthur F. Chantker, Performance Review Board. They will Independence Avenue, SW, Room 5624, Regional Office Building 3, Washington, Acting Director, Information Resources serve a one-year renewable term, Group. effective 7 June 1996. DC 20202–4651, or should be electronic mailed to the internet address Office of Elementary and Secondary Jack Penkoske, #[email protected], or should be faxed to Education Chief, Civilian Personnel Division. 202–708–9346. David J. Kelley, Major General, USA, Vice FOR FURTHER INFORMATION CONTACT: Type of Review: New. Director, DISA Patrick J. Sherrill (202) 708–8196. Title: Application for Grants Under D. Diane Fountaine, Deputy Manager, Individuals who use a the Innovative Programs Section of the National Communication Systems telecommunications device for the deaf Magnet Schools Assistance Program. Michael Mestrovich, (Dr.), Deputy Director (TDD) may call the Federal Information for Enterprise Integration Abstract: This application is used by James Beale, Brigadier General, USAF, Relay Service (FIRS) at 1–800–877–8339 local educational agencies to apply for Deputy Director for Operations between 8 a.m. and 8 p.m., Eastern time, funds to administer innovative Robert Hutten, Deputy Director for Strategic Monday through Friday. programs under Magnet Schools Plans and Policy SUPPLEMENTARY INFORMATION: Section Program. The proposed projects must Louise T. Neill, Deputy Director, Personnel 3506(c)(2)(A) of the Paperwork involve strategies other than magnet and Administration Reduction Act of 1995 (44 U.S.C. schools and be organized around a [FR Doc. 96–15523 Filed 6–18–96; 8:45 am] Chapter 3506(c)(2)(A) requires that the special emphasis, theme, or concept, BILLING CODE 3610±05±M Director of OMB provide interested and involve parent and community Federal agencies and the public an early input. opportunity to comment on information Additional Information: This DEPARTMENT OF EDUCATION collection requests. The Office of collection needs an emergency Management and Budget (OMB) may clearance so that the schedule for the Notice of Proposed Information amend or waive the requirement for application notice publication date can Collection Requests public consultation to the extent that be met, as well as to make grant awards public participation in the approval for this fiscal year. AGENCY: Department of Education. process would defeat the purpose of the Frequency: Annually. ACTION: Notice of proposed information information collection, violate State or collection requests. Federal law, or substantially interfere Affected Public: State, local or Tribal with any agency’s ability to perform its Gov’t, SEAs and LEAs. SUMMARY: The Acting Director, statutory obligations. The Acting Reporting and Recordkeeping Hour Information Resources Group, invites Director of the Information Resources Burden: comments on the proposed information Group, publishes this notice containing Responses: 150. collection requests as required by the proposed information collection Burden Hours: 3,600. Paperwork Reduction Act of 1995. requests at the beginning of the DATES: An emergency review has been Departmental review of the information [FR Doc. 96–15506 Filed 6–18–96; 8:45 am] requested in accordance with the Act collection. Each proposed information BILLING CODE 4000±01±P 31092 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

Notice of Proposed Information this collection necessary to the proper DEPARTMENT OF ENERGY Collection Requests functions of the Department, (2) will [FE DOCKET NO. EA±115] this information be processed and used AGENCY: Department of Education. in a timely manner, (3) is the estimate Application to Export Electricity; Enron ACTION: Proposed collection; comment of burden accurate, (4) how might the Power Marketing, Inc. request. Department enhance the quality, utility, and clarity of the information to be AGENCY: Office of Fossil Energy, DOE. SUMMARY: The Director, Information collected, and (5) how might the ACTION: Notice of application. Resources Group, invites comments on Department minimize the burden of this the proposed information collection collection on the respondents, including SUMMARY: Enron Power Marketing, Inc., requests as required by the Paperwork through the use of information (EPMI) has requested authorization to Reduction Act of 1995. technology. export electric energy to Canada. EPMI DATES: Interested persons are invited to is a marketer of electric energy. It does submit comments on or before August Dated: June 13, 1996. not own or control any electric 19, 1996. Gloria Parker, generation or transmission facilities. ADDRESSES: Written comments and Director, Information Resources Group. DATES: Comments, protests, or requests requests for copies of the proposed Office of Postsecondary Education to intervene must be submitted on or information collection requests should before July 19, 1996. Type of Review: Reinstatement. be addressed to Patrick J. Sherrill, ADDRESSES: Comments, protests, or Department of Education, 600 Title: Lender’s Participation requests to intervene should be Independence Avenue, S.W., Room Questionnaire (LPQ). addressed as follows: Office of Coal & 5624, Regional Office Building 3, Frequency: Annually. Electricity (FE–52), Office of Fuels Washington, DC 20202–4651. Affected Public: Business or other for- Programs, Fossil Energy, U.S. FOR FURTHER INFORMATION CONTACT: profit; State, local or Tribal Gov’t, SEAs Department of Energy, 1000 Patrick J. Sherrill (202) 708–8196. or LEAs. Independence Avenue, S.W., Individuals who use a Annual Reporting and Recordkeeping Washington, D.C. 20585. telecommunications device for the deaf Hour Burden: FOR FURTHER INFORMATION CONTACT: (TDD) may call the Federal Information Responses: 100. William H. Freeman (Program Office) Relay Service (FIRS) at 1–800–877–8339 Burden Hours: 17. 202–586–5883 or Michael T. Skinker between 8 a.m. and 8 p.m., Eastern time, (Program Attorney) 202–586–6667. Monday through Friday. Abstract: The Lender’s Participation Questionnaire is submitted by lenders SUPPLEMENTARY INFORMATION: Exports of SUPPLEMENTARY INFORMATION: Section who are eligible for reimbursement of electricity from the United States to a 3506 of the Paperwork Reduction Act of interest and special allowance, as well foreign country are regulated and 1995 (44 U. S. C. Chapter 35) requires as Federal Insured Student Loan (FISL) require authorization under section that the Office of Management and claims payment, under the Federal 202(e) of the Federal Power Act (FPA) Budget (OMB) provide interested Family Education Loan Program. The (16 U.S.C. 824a(e)). Federal agencies and the public an early information will be used by ED to On June 3, 1996, EPMI filed an opportunity to comment on information update Lender Identification Numbers application with the Office of Fossil collection requests. OMB may amend or (LIDs), lender names, addresses with 9 Energy (FE) of the Department of Energy waive the requirement for public digit zip codes, and other pertinent (DOE) for authorization to export consultation to the extent that public information. electric energy to Canada pursuant to participation in the approval process section 202(e) of the FPA. EPMI neither would defeat the purpose of the Office of Postsecondary Education owns nor controls any facilities for the information collection, violate State or Type of Review: Extension. transmission or distribution of Federal law, or substantially interfere electricity, nor does it have a franchised with any agency’s ability to perform its Title: Lender’s Interest and Special retail service area. Rather, EPMI is a statutory obligations. The Director of the Allowance Request. power marketer authorized by the Information Resources Group publishes Frequency: Quarterly. Federal Energy Regulatory Commission this notice containing proposed Affected Public: Business or other for- (FERC) to engage in the wholesale sale information collection requests prior to profit; State, local or Tribal Gov’t, SEAs of electricity in interstate commerce at submission of these requests to OMB. or LEAs. negotiated rates pursuant to its filed rate Each proposed information collection, Annual Reporting and Recordkeeping schedules. grouped by office, contains the Hour Burden: In its application, EPMI proposes to following: (1) Type of review requested, Responses: 10,544. sell electric energy to Canadian entities e.g., new, revision, extension, existing Burden Hours: 102,804. and specifically requests that the or reinstatement; (2) Title; (3) Summary proposed export authorization be issued Abstract: The Lender’s Interest and of the collection; (4) Description of the without a time limit. The electric energy Special Allowance Request and Report need for, and proposed use of, the EPMI proposes to transmit to Canada (ED Form 799) is used by approximately information; (5) Respondents and would be purchased from electric 9,000 lenders participating in the Title frequency of collection; and (6) utilities and Federal power marketing IV, Part B loan programs. The ED Form Reporting and/or Recordkeeping agencies in the United States. EPMI 799 is used to pay interest and special burden. OMB invites public comment at asserts that the energy to be exported to allowance to holders of the Part B loans; the address specified above. Copies of Canada would be surplus to the energy and to capture quarterly data from a the requests are available from Patrick J. requirements of the selling utilities or lender’s loan portfolio for financial and Sherrill at the address specified above. electric generators from which it is budgetary projections. The Department of Education is purchased in the U.S. EPMI would especially interested in public comment [FR Doc. 96–15507 Filed 6–18–96; 8:45 am] arrange for the exported energy to be addressing the following issues: (1) is BILLING CODE 4000±01±P wheeled from the selling entities, over Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31093 existing domestic transmission purchaser over one or more of the lines for which Presidential permits (PP) facilities, and delivered to the foreign following international transmission have been previously issued:

Presidential permit holder Permit No. Voltage (kV) Location

Basin Electric Coop...... PP±64 ...... 230 Tioga, ND. Bonneville Power Admin...... PP±10 ...... 2±500 Blaine, WA. PP±36 ...... 230 Nelway, BC. PP±46 ...... 230 Nelway, BC. Citizens Utilities ...... PP±66 ...... 120 Derby Line, VT. Detroit Edison ...... PP±36 ...... 345 St. Clair, MI. PP±21 ...... 230 Marysville, MI...... 230 Detroit, MI. PP±58 ...... 345 St. Clair, MI. Eastern Maine Electric Coop...... PP±32 ...... 69 Calais, ME. Joint Owners of Highgate ...... PP±82 ...... 345 Franklin, VT. Maine Electric Power Co...... PP±43 ...... 345 Houlton, ME. Maine Public Service ...... PP±12 ...... 69 Limestone, ME...... 69 Ft. Fairfield, ME. PP±29 ...... 138 Aroostock, ME...... 2±69 Madawaska, ME. Minnesota Power & Light ...... PP±78 ...... 115 Intnl. Falls, MN. Minnkota Power ...... PP±61 ...... 230 Roseau County, MN. New York Power Authority ...... PP±30 ...... 230 Devil's Hole, NY. PP±74 ...... 2±345 Niagara Falls, NY. PP±56 ...... 765 Fort Covington, NY. PP±25 ...... 2±230 Massena, NY. Niagara Mohawk Power Corp ...... PP±31 ...... 230 Devil's Hole, NY. Northern States Power ...... PP±45 ...... 230 Red River, ND. PP±63 ...... 500 Roseau County, MN. Vermont Electric Trans. Co...... PP±76 ...... 450 DC Norton, VT.

Any determination by the DOE to Copies of this application will be option for protection of CRADA- grant the request by EPMI for export made available, upon request, for public generated data. These agreements do authorization would be conditioned on inspection and copying at the address require the participant to share in the EPMI obtaining access to all provided above. cost and do not involve direct METC transmission facilities necessary to Issued in Washington, DC, on June 12, funding of the participant’s activities. effectuate the export and on EPMI 1996. METC desires to work with a partner for the purpose of bringing a supported/ complying with all reliability criteria, Anthony J. Como, standards, and guidelines of the North matrixed hot gas desulfurization sorbent Director, Office of Coal & Electricity, Office to large-scale commercialization. This American Electric Reliability Council of Fuels Programs, Office of Fossil Energy. and Regional Councils. sorbent, designated as the TL sorbent, [FR Doc. 96–15580 Filed 6–18–96; 8:45 am] has been prepared and tested at the Procedural Matters BILLING CODE 6450±01±P laboratory scale at METC. The TL Any persons desiring to be heard or sorbent shows good sulfur capacity, to protest this application should file a Morgantown Energy Technology high sulfur removal efficiency, and petition to intervene or protest at the Center; Partnering Opportunity long-term physical durability. It requires address provided above in accordance Announcement no activation or pretreatment step, with §§ 385.211 or 385.214 of the Rules which is an improvement over of Practice and Procedure (18 CFR AGENCY: U. S. Department of Energy previously developed sorbents. A 385.211, 385.214). Fifteen copies of (DOE), Morgantown Energy Technology provisional patent application has been such petitions and protests should be Center. submitted for this METC-developed filed with the DOE on or before the date ACTION: Notice of Partnering sorbent. The overall objective of this listed above. Additional copies are to be Opportunity Announcement. development effort has been to qualify filed directly with: Ms. Kathleen E. sorbents for demonstration in Magruder, Enron Capital & Trade SUMMARY: The Morgantown Energy commercial-scale projects, which are Resources, 1400 Smith Street, Houston, Technology Center (METC) is offering demonstrating Integrated Gasification Texas 77251–1188 and Mr. David B. partnering opportunities with United Combined Cycle (IGCC) technologies. Ward, Flood & Ward, 1000 Potomac States companies in the area of sorbent The utility industry and METC agree Street, N.W., Suite 402, Washington, development/commercialization. Many that IGCC technologies being D.C. 20007. different vehicles for partnering may be demonstrated under the Clean Coal A final decision will be made on this considered, including licensing and/or Technology program will play a application after the environmental Cooperative Research and Development significant role in supplying electricity impacts have been evaluated pursuant Agreements (CRADAs). CRADAs will during the next century. As the markets to the National Environmental Policy probably be limited to the area of for such technologies expand to replace Act of 1969 (NEPA), and a sorbent development/commercialization today’s older plants and to supply determination is made by the DOE that for hot gas desulfurization. CRADAs demand for additional electricity, the the proposed action will not adversely offer private sector participants the sales of cost-effective, hot gas sulfur impact on the reliability of the U.S. opportunity to share in outcomes of removal sorbents and related process electric power supply system. development activities and also offer the systems promise to be substantial. The 31094 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices proposed partnering opportunity is diameter fixed bed reactor, a high- able to provide normal LNG service to expected to accelerate commercial pressure 2-inch diameter fixed or its LNG liquid customers throughout the availability of improved, lower-cost, hot fluidized bed reactor, and a transport summer and will be in a position to gas desulfurization sorbents for fixed/ reactor. The reactor systems include on- supplement cargoes of LNG from moving bed and fluidized bed/transport line analysis of sulfur-containing gases. Algeria during the winter heating reactors. The METC-developed TL In conjunction with the test facilities, an season. sorbent is likely to have applications in on-site gas chromatography laboratory Any person desiring to be heard or to other fields of use such as the chemical can provide analyses of the reactor protest said filing should file a motion and petroleum industries. effluents. Possible solid sorbent analysis to intervene or protest with the Federal DATES: Proposals require the participant performed by METC or its contractors Energy Regulatory Commission, 888 to provide a description of the preferred may include atomic absorption for First Street, N.E., Washington, D.C., partnering vehicle, and the scope of metals, total sulfur via LECO analyzer, 20426, in accordance with Rules work that the participant is proposing to surface area, density, porosity, crush 385.211 and 385.214 of the perform or supply. Qualifications of the strength, and attrition resistance. Commission’s Rules of Practice and participant or members of its Dated: June 11, 1996. Procedure. All such motions or protests development team for catalyst/sorbent Thomas F. Bechtel, must be filed as provided in Section 154.210 of the Commission’s manufacturing and marketing should be Director, Morgantown Energy Technology provided. Elaborate proposals are not Center. Regulations. Protests will be considered by the Commission in determining the necessary. It is recommended that the [FR Doc. 96–15581 Filed 6–18–96; 8:45 am] proposal not exceed 5 pages. Proposals appropriate action to be taken, but will BILLING CODE 6450±01±P received by July 31, 1996, will be not serve to make protestants parties to evaluated for proper qualifications. Any the proceeding. Any persons wishing to or all proposals may be accepted or Federal Energy Regulatory become a party must file a motion to rejected as deemed to be in the best Commission intervene. Copies of this Petition are on interest of the Government. With file with the Commission and are current budget uncertainties, [Docket No. RP96±274±000] available for public inspection. government participation in the Lois D. Cashell, Distrigas of Massachusetts partnership may be limited. Secretary. The following criteria will be used to Corporation; Notice of Proposed Changes in FERC Gas Tariff [FR Doc. 96–15505 Filed 6–18–96; 8:45 am] review the proposals and select the BILLING CODE 6717±01±M partner(s). Qualifications of the June 13, 1996. participant or members of its Take notice that on June 11, 1996, development team may address the Distrigas of Massachusetts Corporation [Docket No. ER96±1424±000] criteria. (DOMAC), tendered for filing as part of 1. Working knowledge and access to its FERC Gas Tariff, First Revised Notice of Issuance of Order; manufacturing capability for catalyst Volume No. 1, Second Revised Sheet EnerConnect, Inc. carriers and matrix materials as No. 37, with a proposed effective date represented by the variety of products of July 1, 1996: June 13, 1996. produced, quantities of products sold DOMAC states that it is filing this EnerConnect, Inc. (EnerConnect) per year, etc. revised tariff sheet to (1) modify the submitted for filing a rate schedule 2. Proven success in marketing ethane content specification to allow for under which EnerConnect will engage catalysts and/or sorbents in specified an ethane content not to exceed 12%, in wholesale electric power and energy fields as represented by the size of the (2) reduce the allowable nitrogen transactions as a marketer. EnerConnect marketing/sales department, market content, (3) change the hydrogen sulfide also requested waiver of various share, etc. specification and (4) remove the Commission regulations. In particular, 3. Research and development maximum methane limitation in Section EnerConnect requested that the capability for continued product 2.11 of the General Terms and Commission grant blanket approval improvement as represented by Conditions of DOMAC’s Tariff. Such under 18 CFR Part 34 of all future facilities, staff, equipment, etc. changes will permit DOMAC to sell issuances of securities and assumptions ADDRESSES: Parties interested in this LNG to be acquired from sources other of liability by EnerConnect. partnering opportunity are requested to than Algeria, including Abu Dhabi Gas On June 10, 1996, pursuant to submit a proposal by July 31, 1996, to: Liquefaction Company Ltd. (ADGAS). delegated authority, the Director, Dr. Rodney J. Anderson, Technology DOMAC has requested a waiver to Division of Applications, Office of Transfer Program Manager, U.S. permit a July 1 effective date and allow Electric Power Regulation, granted Department of Energy, Morgantown for a July 10, 1996 loading date of an requests for blanket approval under Part Energy Technology Center, P.O. Box LNG cargo which may be acquired from 34, subject to the following: 880, 3610 Collins Ferry Road, ADGAS. Within thirty days of the date of the Morgantown, WV 26507–0880, DOMAC states that the revisions to order, any person desiring to be heard Telephone: 304–285–4709. Additional the quality specifications will not alter or to protest the blanket approval of information is available on METC’s the interchangeability of vaporized LNG issuances of securities or assumptions of Internet Homepage at http:// with pipeline gas and that LNG liability by EnerConnect should file a www.metc.doe.gov or by contacting Dr. conforming to the revised specifications motion to intervene or protest with the Rodney J. Anderson at the above will remain consistent with the Federal Energy Regulatory Commission, address or phone number. Operating Agreement entered into with 888 First Street, N.E., Washington, D.C. SUPPLEMENTARY INFORMATION: METC has Algonquin Gas Transmission Company 20426, in accordance with Rules 211 several facilities which might be used and Commonwealth Gas Company. and 214 of the Commission’s Rules of for sorbent testing and analysis. The DOMAC notes that with additional Practice and Procedure (18 CFR 385.211 METC test apparati include a one-inch sources of LNG, DOMAC will be better and 385.214). Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31095

Absent a request for hearing within available for public inspection in the Reference Branch, 888 First Street, N.E. this period, EnerConnect is authorized public Reference Room. Washington, D.C. 20426. to issue securities and assume Lois D. Cashell, Lois D. Cashell, obligations or liabilities as a guarantor, Secretary. Secretary. indorser, surety, or otherwise in respect [FR Doc. 96–15653 Filed 6–18–96; 8:45 am] of any security of another person; [FR Doc. 96–15504 Filed 6–13–96; 8:45 am] BILLING CODE 6717±01±M provided that such issuance or BILLING CODE 6717±01±M assumption is for some lawful object within the corporate purposes of the [Docket No. CP96±564±000] applicant, and compatible with the [Docket No. ER96±1406±000] public interest, and is reasonably National Fuel Gas Supply Corporation; necessary or appropriate for such Notice of Issuance of Order; Lisco, Inc. Notice of Application purposes. June 13, 1996. June 13, 1996. The Commission reserves the right to Take notice that on June 10, 1996, Lisco Inc. (Lisco) submitted for filing require a further showing that neither National Fuel Gas Supply Corporation a rate schedule under which Lisco will public nor private interests will be (National Fuel), 10 Lafayette Square, engage in wholesale electric power and adversely affected by continued Buffalo, New York 14203, filed in energy transactions as a marketer. Lisco approval of EnerConnect’s issuances of Docket No. CP96–564–000, an also requested waiver of various securities or assumptions of liability. application pursuant to Sections 7(c) Commission regulations. In particular, Notice is hereby given that the and 7(b) of the Natural Gas Act and Part Lisco requested that the Commission deadline for filing motions to intervene 157 of the Commission’s Regulations (18 grant blanket approval under 18 CFR or protests, as set forth above, is July 10, CFR 157), for a certificate of public Part 34 of all future issuances of 1996. convenience and necessity authorizing securities and assumptions of liability Copies of the full text of the order are the replacement of a portion of an by Lisco. available from the Commission’s Public existing pipeline and permission and Reference Branch, 888 First Street, N.E. On June 10, 1996, pursuant to approval to abandon certain facilities, Washington, D.C. 20426. delegated authority, the Director, all as more fully set forth in the request Lois D. Cashell, Division of Applications, Office of which is on file with the Commission Secretary. Electric Power Regulation, granted and open to public inspection. [FR Doc. 96–15655 Filed 6–18–96; 8:45 am] requests for blanket approval under Part National fuel proposes to replace and BILLING CODE 6717±01±M 34, subject to the following: relocate a portion of its existing Line K, Within thirty days of the date of the in Erie County, New York, with 877 feet order, any person desiring to be heard of 20-inch coated steel line. In its [Docket No. RP96±271±000] or to protest the blanket approval of application, National Fuel states that Gas Research Institute; Notice of issuances of securities or assumptions of concerns about leaks and residential Refund Report liability by Lisco should file a motion to development that has encroached upon intervene or protest with the Federal the pipeline right-of-way necessitates June 13, 1996. Energy Regulatory Commission, 888 the relocation and replacement of Line Take notice that on June 7, 1996, the First Street, N.E., Washington, D.C. K. National Fuel estimates the cost of Gas Research Institute (GRI) filed a 20426, in accordance with Rules 211 the project to be $360,000. report summarizing its 1995 Tier 1 and 214 of the Commission’s Rules of In connection with this replacement refunds made to its pipeline members. Practice and Procedure (18 CFR 385.211 project, National Fuel proposes to GRI states that the refunds, totaling and 385.214). abandon approximately 454 feet of the $17,091,213 to twenty-eight pipelines, Absent a request for hearing within existing pipeline. National Fuel were made in accordance with the this period, Lisco is authorized to issue explains that 147 feet of pipe will be Commission’s October 13, 1995, securities and assume obligations or removed with an additional 307 feet of directive contained in Opinion No. 402 liabilities as a guarantor, indorser, pipe being abandoned in place. National (73 FERC ¶61,073). surety, or otherwise in respect of any Fuel states that removal of these GRI states that it has served copies of security of another person; provided facilities will not affect service to the filing to each person included on the that such issuance or assumption is for existing markets. National Fuel Secretary’s service list. some lawful object within the corporate estimates the cost of abandoning the Any person desiring to be heard or to purposes of the applicant, and line to be $1,000. protest this filing should file a motion compatible with the public interest, and National Fuel requests that the to intervene or protest with the Federal is reasonably necessary or appropriate Commission issue an order on or before Energy Regulatory Commission, 888 for such purposes. September 1, 1996, so that construction First Street, N.E., Washington, D.C. may be completed by the beginning of The Commission reserves the right to 20426, in accordance with 18 CFR the winter heating season. National Fuel require a further showing that neither 385.211 and 385.214. All such motions states that the facilities will be financed public nor private interests will be or protests must be filed on or before with internally-generated funds and/or adversely affected by continued June 20, 1996. Protests will be interim short-term bank loans. approval of Lisco’s issuances of considered by the Commission in Any person desiring to be heard or to securities or assumptions of liability. determining the appropriate action to be make any protest with reference to said taken, but will not serve to make Notice is hereby given that the application should on or before July 5, protestants parties to the proceeding. deadline for filing motions to intervene 1996, file with the Federal Energy Any person wishing to become a party or protests, as set forth above, is July 10, Regulatory Commission, Washington, to this proceeding, must file a motion to 1996. D.C. 20426, a motion to intervene or a intervene. Copies of this filing are on Copies of the full text of the order are protest in accordance with the file with the Commission and are available from the Commission’s Public requirements of the Commission’s Rules 31096 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices of Practice and Procedure (18 CFR presenting statements. Members provided that such issuance or 385.214 and 385.211) and the participating on the Staff Panel before assumption is for some lawful object Regulations under the Natural Gas Act whom the presentations are made may within the corporate purposes of the (18 CFR 157.10). All protests filed with ask questions. If time permits, Staff applicant, and compatible with the the Commission will be considered by Panel members may also ask such public interest, and is reasonably it in determining the appropriate action relevant questions as are submitted to necessary or appropriate for such to be taken but will not serve to make them by participants. Other procedural purposes. the protestants parties to the rules relating to the panel will be The Commission reserves the right to proceeding. Any person wishing to announced at the time the proceeding require a further showing that neither become a party to a proceeding or to commences. public nor private interests will be participate as a party in any hearing The Staff Panel will be held on adversely affected by continued therein must file a motion to intervene Tuesday, July 16, 1996, at 10:00 a.m. in approval of Pacific Power’s issuances of in accordance with the Commission’s a room to be designated at the offices of securities or assumptions of liability. Rules. the Federal Energy Regulatory Notice is hereby given that the Take further notice that, pursuant to Commission, 888 First Street, N.E., deadline for filing motions to intervene the authority contained in and subject to Washington, D.C. 20426. or protests, as set forth above, is July 10, the jurisdiction conferred upon the Attendance is open to all interested 1996. Federal Energy Regulatory Commission parties and staff. Any questions Copies of the full text of the order are by Sections 7 and 15 of the Natural Gas regarding these proceedings should be available from the Commission’s Public Act and the Commission’s Rules of directed to Mark Zendel at (202) 208– Reference Branch, 888 First Street, N.E., Practice and Procedure, a hearing will 0804. Washington, D.C. 20426. be held without further notice before the Lois D. Cashell, Lois D. Cashell, Commission or its designee on this Secretary. Secretary. application if no motion to intervene is [FR Doc. 96–15503 Filed 6–18–96; 8:45 am] [FR Doc. 96–15654 Filed 6–18–96; 8:45 am] filed within the time required herein, if BILLING CODE 6717±01±M the Commission on its own review of BILLING CODE 6717±01±M the matter finds that a grant of the [Docket No. EL96±20±001, et al.] certificate for the proposal is required [Docket No. ER96±1599±000] by the public convenience and Illinois Power Company, et al.; Electric necessity. If a motion for leave to Notice of Issuance of Order; Pacific Rate and Corporate Regulation Filings intervene is timely filed, or if the Power Solutions, LLC Commission on its own motion believes June 12, 1996. June 13, 1996. that formal hearing is required, further Take notice that the following filings Pacific Power Solutions, Inc. (Pacific notice of such hearing will be duly have been made with the Commission: given. Power) submitted for filing a rate Under the procedure herein provided schedule under which Pacific Power 1. Illinois Power Company for, unless otherwise advised, it will be will engage in wholesale electric power [Docket No. EL96–20–001] and energy transactions as a marketer. unnecessary for National Fuel to appear Take notice that on June 3, 1996, Pacific Power also requested waiver of or be represented at the hearing. Illinois Power Company tendered for Lois D. Cashell, various Commission regulations. In filing a report detailing all non-firm Secretary. particular, Pacific Power requested that transmission service provided under its the Commission grant blanket approval [FR Doc. 96–15502 Filed 6–18–96; 8:45 am] tariff. under 18 CFR Part 34 of all future BILLING CODE 6717±01±M Comment date: June 26, 1996, in issuances of securities and assumptions accordance with Standard Paragraph E of liability by Pacific Power. at the end of this notice. [Docket Nos. PR95±16±000 and PR95±17± On June 10, 1996, pursuant to 000] delegated authority, the Director, 2. Toroco Marketing Energy, Inc., LG&E Division of Applications, Office of Power Marketing, Inc., and Boyd Olympic Natural Gas Company; Notice Electric Power Regulation, granted Rosene and Associates, Inc. of Staff Panel requests for blanket approval under Part [Docket Nos. ER92–429–008, ER94–1188– June 13, 1996. 34, subject to the following: 010, ER95–1572–001 (not consolidated)] Take notice that a Staff Panel shall be Within thirty days of the date of the Take notice that the following convened in accordance with the order, any person desiring to be heard informational filings have been made Commission order 1 in the above- or to protest the blanket approval of with the Commission and are on file captioned dockets to allow opportunity issuances of securities or assumptions of and available for inspection and for written comments and for the oral liability by Pacific Power should file a copying in the Commission’s Public presentation of views, data, and motion to intervene or protest with the Reference Room: arguments regarding the fair and Federal Energy Regulatory Commission, On May 20, 1996, Toroco Marketing equitable rates to be established for 888 First Street, N.E., Washington, D.C. Energy, Inc. filed certain information as transportation service under section 311 20426, in accordance with Rules 211 required by the Commission’s May 18, of the Natural Gas Policy Act of 1978 on and 214 of the Commission’s Rules of 1992, order in Docket No. ER92–429– Olympic Natural Gas Company’s Cajun Practice and Procedure (18 CFR 385.211 000. and Manchester systems. The Staff and 385.214). On May 1, 1996, LG&E Power Panel will not be a judicial or Absent a request for hearing within Marketing, Inc. filed certain information evidentiary-type hearing and there will this period, Pacific Power is authorized as required by the Commission’s August no cross-examination of persons to issue securities and assume 19, 1994, order in Docket No. ER94– obligations or liabilities as a guarantor, 1188–000. 1 See Olympic Pipeline Company, 75 FERC ¶ indorser, surety, or otherwise in respect On June 4, 1996, Boyd Rosene and 61,246 (1996). of any security of another person; Associates, Inc. filed certain information Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31097 as required by the Commission’s Comment date: June 26, 1996, in designated as Rate Schedule FERC No. October 23, 1995, order in Docket No. accordance with Standard Paragraph E 121. ER95–1572–000. at the end of this notice. Under Article IV, Section A(2) of the Agreement, the annual charges to VG&T 3. Public Service Company of Colorado 7. San Diego Gas & Electric Company are based on estimated data which are [Docket No. ER96–1734–000] [Docket No. ER96–1987–000] subject to a reconciliation or ‘‘true-up’’, Take notice that on June 4, 1996, Take notice that on May 31, 1996, San after the year is over, using actual data Public Service Company of Colorado Diego Gas & Electric Company (SDG&E), as reported in the Company’s FERC (Public Service) tendered for filing an tendered for filing and acceptance, Form No. 1. amendment in Docket No. ER96–1734– pursuant to 18 CFR 35.12, an Comment date: June 26, 1996, in 000. Public Service is requesting that Interchange Agreement (Agreement) accordance with Standard Paragraph E Schedule 2, Loss Compensation Service, between SDG&E and Southern at the end of this notice. to the Network Integration Transmission California Water Company (SCWC). 10. Central Vermont Public Service Service Agreement designated as Public SDG&E requests that the Commission Corporation Service’s FERC Electric Tariff, Original allow the Agreement to become effective Volume No. 4 be attached to the filing on the 1st of August 1996 or at the [Docket No. ER96–1990–000] under Docket No. ER96–1734–000. earliest possible date. Take notice that on May 31, 1996, Copies of the filing were served upon Copies of this filing were served upon Central Vermont Public Service Holy Cross Electric Association, Inc., the Public Utilities Commission of the Corporation (CVPS), tendered for filing the Colorado Public Utilities State of California and SCWC. the Actual 1995 Cost Report required Commission, and the Colorado Office of Comment date: June 26, 1996, in under Paragraph Q–1 on Original Sheet Consumer Counsel. accordance with Standard Paragraph E No. 18 of the Rate Schedule FERC No. Comment date: June 26, 1996, in at the end of this notice. 135 (RS–2 rate schedule) under which accordance with Standard Paragraph E Central Vermont Public Service 8. San Diego Gas & Electric Company at the end of this notice. Corporation (Company) sells electric [Docket No. ER96–1988–000] power to Connecticut Valley Electric 4. Southern California Edison Company Take notice that on May 31, 1996, San Company Inc. (Customer). The [Docket No. ER96–1952–000] Diego Gas & Electric Company (SDG&E), Company states that the Cost Report Take notice that on May 30, 1996, tendered for filing and acceptance, reflects changes to the RS–2 rate Southern California Edison Company pursuant to 18 CFR 35.12, an schedule which were approved by the tendered for filing a Notice of Interchange Agreement (Agreement) Commission’s June 6, 1989 order in Cancellation of FERC Rate Schedule No. between SDG&E and Federal Energy Docket No. ER88–456–000. 343, FERC Rate Schedule No. 325.31, Sales, Inc. (Federal Energy). Comment date: June 26, 1996, in and all supplements thereto. SDG&E requests that the Commission accordance with Standard Paragraph E Comment date: June 26, 1996, in allow the Agreement to become effective at the end of this notice. accordance with Standard Paragraph E on the 1st of August 1996 or at the 11. Central Vermont Public Service at the end of this notice. earliest possible date. Corporation Copies of this filing were served upon 5. Southern California Edison Company [Docket No. ER96–1991–000] the Public Utilities Commission of the [Docket No. ER96–1953–000] State of California and Federal Energy. Take notice that on May 31, 1996, Central Vermont Public Service Take notice that on May 30, 1996, Comment date: June 26, 1996, in Corporation (CVPS), tendered for filing Southern California Edison Company accordance with Standard Paragraph E the Actual 1995 Cost Report required tendered for filing a Notice of at the end of this notice. under Article 2.4 on Second Revised Cancellation of FERC Rate Schedule No. 9. Central Vermont Public Service Sheet No. 18 of FERC Electric Tariff, 345, FERC Rate Schedule No. 249.30, Corporation Original Volume No. 3, of Central and all supplements thereto. Comment date: June 26, 1996, in [Docket No. ER96–1989–000] Vermont under which Central Vermont provides transmission and distribution accordance with Standard Paragraph E Take notice that on May 31, 1996, service to the following Customers: at the end of this notice. Central Vermont Public Service Corporation (CVPS), tendered for filing Vermont Electric Cooperative, Inc. 6. San Diego Gas & Electric Company the Actual 1995 Cost Report in Lyndonville Electric Department [Docket No. ER96–1986–000] accordance with Article IV, Section A(2) Village of Ludlow Electric Light Department Village of Johnson Water and Light Take notice that on May 31, 1996, San of the North Hartland Transmission Department Diego Gas & Electric Company (SDG&E), Service Contract (Agreement) between Village of Hyde Park Water and Light tendered for filing and acceptance, Central Vermont Public Service Department pursuant to 18 CFR 35.13, Amendment Corporation (CVPS or Company) and the Rochester Electric Light and Power Company No. 1 to the Service Area Reciprocal Vermont Electric Generation and Woodsville Fire District Water and Light Power Supply Agreement (Agreement) Transmission Cooperative, Inc. (VG&T) Department between San Diego Gas & Electric under which CVPS transmits the output New Hampshire Electric Cooperative, Inc. Company and Southern California of the VG&T’s 4.0 MW hydroelectric Comment date: June 26, 1996, in Edison Company (Edison). generating facility located in North accordance with Standard Paragraph E The Amendment increases the Hartland, Vermont via a 12.5 Kv circuit at the end of this notice. number of connection points and owned and maintained by CVPS to 12. Central Vermont Public Service customers that will be served under the CVPS’s substation in Quechee, Vermont. Corporation Agreement. The North Hartland Transmission Copies of this filing were served upon Service Contract was filed with the [Docket No. ER96–1992–000] the Public Utilities Commission of the Commission on September 6, 1984 in Take notice that on May 31, 1996, State of California and Edison. Docket No. ER84–674–000 and was Central Vermont Public Service 31098 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

Corporation (CVPS), tendered for filing 15. Southern Company Services, Inc. points to Tallapoosa River Electric the Actual 1995 Cost Report for CVPS [Docket No. ER96–1995–000] Cooperative. and the Actual 1995 Cost Report for Comment date: June 26, 1996, in Take notice that on May 31, 1996, Connecticut Valley Electric Company, accordance with Standard Paragraph E Southern Company Services, Inc., solely at the end of this notice. Inc. (CVEC), its wholly-owned as administrative agent for Alabama subsidiary, as required under Article 4.2 Power Company, tendered for filing a 18. Louisville Gas and Electric on Original Sheet Nos. 40 and 41 of Transmission Service Delivery Point Company FERC Transmission Tariff, Original Agreement dated March 1, 1996, [Docket No. ER96–1998–000] Volume No. 6 (Tariff No. 6). CVPS and reflecting the revision of delivery points CVEC provided transmission and to Central Alabama Electric Cooperative. Take notice that on June 3, 1996, distribution service to the New These delivery points are served under Louisville Gas and Electric Company, Hampshire Electric Cooperative, Inc. the terms and conditions of the tendered for filing copies of a Purchase under Tariff No. 6, which became Agreement for Transmission Service to and Sales Agreement between Louisville effective on August 15, 1995, subject to Distribution Cooperative Member of Gas and Electric Company and Eastex refund, in Docket No. ER95–680–000. Alabama Electric Cooperative, Inc., Power Marketing pursuant to LG&E’s Comment date: June 26, 1996, in dated August 28, 1980 (designed FERC Rate Schedule GSS. accordance with Standard Paragraph E Rate Schedule No. 147). The parties Comment date: June 26, 1996, in at the end of this notice. request an effective date of July 1, 1996, accordance with Standard Paragraph E for the revision of the delivery points to at the end of this notice. 13. Southern Company Services, Inc. Central Alabama Electric Cooperative. 19. Louisville Gas and Electric [Docket No. ER96–1993–000] Comment date: June 26, 1996, in Company accordance with Standard Paragraph E Take notice that on May 31, 1996, at the end of this notice. [Docket No. ER96–1999–000] Southern Company Services, Inc., solely Take notice that on June 3, 1996, as administrative agent for Alabama 16. Southern Company Services, Inc. Louisville Gas and Electric Company Power Company, tendered for filing a [Docket No. ER96–1996–000] tendered for filing copies of a Purchase Transmission Service Delivery Point Take notice that on May 31, 1996, and Sales Agreement between Louisville Agreement dated March 1, 1996, Southern Company Services, Inc., solely Gas and Electric Company and Citizens reflecting the revision of a delivery as administrative agent for Alabama Lehman Power pursuant to LG&E’s Rate point to Dixie Electric Cooperative. This Power Company, tendered for filing a Schedule GSS. delivery point is served under the terms Transmission Service Delivery Point Comment date: June 26, 1996, in and conditions of the Agreement for Agreement dated March 1, 1996, accordance with Standard Paragraph E Transmission Service to Distribution reflecting the revision of delivery point at the end of this notice. Cooperative Member of Alabama voltage levels. The affected delivery Electric Cooperative, Inc., dated August 20. Louisville Gas and Electric points are served under the terms and Company 28, 1980 (designed FERC Rate Schedule conditions of the Agreement for No. 147). The parties request an Transmission Service to Distribution [Docket No. ER96–2000–000] effective date of July 1, 1996, for the Cooperative Member of Alabama Take notice that on June 3, 1996, revision of the delivery point to Dixie Electric Cooperative, Inc., dated August Louisville Gas and Electric Company, Electric Cooperative. 28, 1980 (designed FERC Rate Schedule tendered for filing copies of a Purchase Comment date: June 26, 1996, in No. 147). The parties request an and Sales Agreement between Louisville accordance with Standard Paragraph E effective date of July 1, 1996, for the Gas and Electric Company and at the end of this notice. revision of the delivery points to Tennessee Power Company pursuant to Pioneer Electric Cooperative. LG&E’s Rate Schedule GSS. 14. Southern Company Services, Inc. Comment date: June 26, 1996, in Comment date: June 26, 1996, in [Docket No. ER96–1994–000] accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice. at the end of this notice. Take notice that on May 31, 1996, Southern Company Services, Inc., solely 17. Southern Company Services, Inc. 21. Louisville Gas and Electric Company as administrative agent for Alabama [Docket No. ER96–1997–000] Power Company, tendered for filing a Take notice that on May 31, 1996, [Docket No. ER96–2001–000] Transmission Service Delivery Point Southern Company Services, Inc. solely Take notice that on June 3, 1996, Agreement dated March 1, 1996, as administrative agent for Alabama Louisville Gas and Electric Company, reflecting the revision of a delivery Power Company, tendered for filing a tendered for filing copies of a Purchase point to Pea River Electric Cooperative. Transmission Service Delivery Point and Sales Agreement between Louisville This delivery point is served under the Agreement dated March 1, 1996, Gas and Electric Company and terms and conditions of the Agreement reflecting the revision of several Heartland Energy Services pursuant to for Transmission Service to Distribution delivery point voltage levels. These LG&E’s Rate Schedule GSS. Cooperative Member of Alabama delivery points are served under the Comment date: June 26, 1996, in Electric Cooperative, Inc., dated August terms and conditions of the Agreement accordance with Standard Paragraph E 28, 1980 (designed FERC Rate Schedule for Transmission Service to Distribution at the end of this notice. No. 147). The parties request an Cooperative Member of Alabama effective date of July 1, 1996, for the 22. Louisville Gas and Electric Electric Cooperative, Inc., dated August Company revision of the delivery points to Pea 28, 1980 (designed FERC Rate Schedule River Electric Cooperative. No. 147). The parties request an [Docket No. ER96–2002–000] Comment date: June 26, 1996, in effective date of July 1, 1996, for the Take notice that on June 3, 1996, accordance with Standard Paragraph E ministerial revision of designated Louisville Gas and Electric Company, at the end of this notice. voltage levels applicable to delivery tendered for filing copies of a Purchase Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31099 and Sales Agreement between Louisville 26. The Dayton Power and Light Agreement and Certificate of Gas and Electric Company and Company Concurrence with Reading Municipal TransCanada Power Corp. pursuant to [Docket No. ER96–2006–000] Light Department under NEP’s FERC LG&E’s Rate Schedule GSS. Take notice that on June 3, 1996, The Electric Tariff, Original Volume No. 5. Comment date: June 26, 1996, in Dayton Power and Light Company Comment date: June 26, 1996, in accordance with Standard Paragraph E (Dayton), tendered for filing an executed accordance with Standard Paragraph E at the end of this notice. Master Power Sales Agreement between at the end of this notice. Dayton and Wisconsin Power and Light 30. Lowell Cogeneration Company, L.P. 23. Louisville Gas and Electric Company (Wisconsin). Company Pursuant to the rate schedules [Docket No. QF86–435–003] [Docket No. ER96–2003–000] attached as Exhibit B to the Agreement, On June 5, 1996, Lowell Cogeneration Dayton will provide to Wisconsin power Company, L.P., of 282 Western Avenue, Take notice that on June 3, 1996, and/or energy for resale. Lowell, Massachusetts 01851, filed with Louisville Gas and Electric Company Comment date: June 26, 1996, in the Federal Energy Regulatory tendered for filing copies of a Purchase accordance with Standard Paragraph E Commission an application for and Sales Agreement between Louisville at the end of this notice. recertification of a facility as a Gas and Electric Company and Sonat 27. Southern California Edison qualifying cogeneration facility Power Marketing, Inc., pursuant to Company pursuant to Section 292.207(b) of the LG&E’s Rate Schedule GSS. Commission’s Regulations. No [Docket No. ER96–2007–000] Comment date: June 26, 1996, in determination has been made that the Take notice that on June 3, 1996, accordance with Standard Paragraph E submittal constitutes a complete filing. Southern California Edison Company The cogeneration facility, which is at the end of this notice. (Edison), tendered for filing the located in Lowell, Massachusetts, was following Supplemental Agreement 24. Louisville Gas and Electric previously certified as a qualifying Company (Supplemental Agreement) to the 1990 Integrated Operations Agreement cogeneration facility, Consolidated [Docket No. ER96–2004–000] between the City of Azusa (Azusa) and Power Company, 35 FERC ¶ 62,139 Edison, FERC Rate Schedule No. 247: (1986). The instant request for Take notice that on June 3, 1996, recertification reflects the revised Louisville Gas and Electric Company, Supplemental Agreement for the Integration dispatching of the facility. tendered for filing copies of a Purchase of Non-Firm Energy From a Portion of The electric utility which will and Sales Agreement between Louisville Azusa’s Entitlement in San Juan Unit 3 purchase the electric output of the Gas and Electric Company and Kimball Between Southern California Edison Company and City of Azusa facility is Commonwealth Electric Power Company pursuant to LG&E’s Company (Commonwealth), or, subject Rate Schedule GSS. The Supplemental Agreement sets forth the terms and conditions by which to Commonwealth’s approval, such Comment date: June 26, 1996, in Edison will integrate Azusa’s remaining other utility that may enter into accordance with Standard Paragraph E entitlement in San Juan Unit 3 is purchase agreements at market base at the end of this notice. integrated as a City Capacity Resource rates. 25. MidAmerican Energy Company in accordance with the terms of the Comment date: On of before July 5, 1990 IOA. Edison is requesting waiver 1996, in accordance with Standard [Docket No. ER96–2005–000] of the 60-day prior notice requirement, Paragraph E at the end of this notice. Take notice that on June 3, 1996, and requests that the Commission assign Standard Paragraph MidAmerican Energy Company to the Supplemental Agreement an (MidAmerican), 106 East Second Street, effective date of June 4, 1996. E. Any person desiring to be heard or Copies of this filing were served upon Davenport, Iowa 52801, filed with the to protest said filing should file a the Public Utilities Commission of the motion to intervene or protest with the Commission Service Agreements with State of California and all interested Federal Energy Regulatory Commission, QST Energy Trading, Inc. (QST) dated parties. 888 First Street, N.E., Washington, D.C. May 15, 1996, and VTEC Energy, Inc. Comment date: June 26, 1996, in 20426, in accordance with Rules 211 (VTEC) dated May 30, 1996, entered accordance with Standard Paragraph E and 214 of the Commission’s Rules of into pursuant to MidAmerican’s Rate at the end of this notice. Practice and Procedure (18 CFR 385.211 Schedule for Power Sales, FERC Electric 28. New England Power Company and 18 CFR 385.214). All such motions Tariff, Original Volume No. 5. or protests should be filed on or before MidAmerican requests an effective [Docket No. ER96–2008–000] the comment date. Protests will be date of May 15, 1996 for the Agreement Take notice that on June 3, 1996, New considered by the Commission in with QST, and May 30, 1996 for the England Power Company filed a Service determining the appropriate action to be Agreement with VTEC, and accordingly Agreement and Certificate of taken, but will not serve to make seeks a waiver of the Commission’s Concurrence with PECO Energy protestants parties to the proceeding. notice requirement. MidAmerican has Company under NEP’s FERC Electric Any person wishing to become a party served a copy of the filing on QST, Tariff, Original Volume No. 5. must file a motion to intervene. Copies Comment date: June 26, 1996, in VTRC, the Iowa Utilities Board, the of this filing are on file with the accordance with Standard Paragraph E Commission and are available for public Illinois Commerce Commission and the at the end of this notice. South Dakota Public Utilities inspection. Commission. 29. New England Power Company Lois D. Cashell, Comment date: June 26, 1996, in [Docket No. ER96–2009–000] Secretary. accordance with Standard Paragraph E Take notice that on June 3, 1996, New [FR Doc. 96–15651 Filed 6–18–96; 8:45 am] at the end of this notice. England Power Company filed a Service BILLING CODE 6717±01±P 31100 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

[Docket No. CP88±171±031, et al.] wells, all as more fully set forth in the 4. CNG Transmission Corporation application which is on file with the [Docket No. CP96–558–000] Tennessee Gas Pipeline Company, et Commission and open to public al.; Natural Gas Certificate Filings inspection. Take notice that on June 7, 1996, CNG June 12, 1996. Young states that upon further study Transmission Corporation (CNG), 445 and data gained in the development of Take notice that the following filings West Main Street, Clarksburg, West the storage field, certain changes to well have been made with the Commission: Virginia 26301, filed in Docket No. requirements are needed to provide for CP96–558–000 an application pursuant 1. Tennessee Gas Pipeline Company the continued development of the to Section 7(b) of the Natural Gas Act [Docket No. CP88–171–031] storage field so that service may be and Part 157 of the Federal Energy provided at certificated levels. Take notice that on June 5, 1996, Regulatory Commission’s Regulations Specifically, Young seeks authorization Tennessee Gas Pipeline Company for permission and approval to abandon to drill and operate two injection/ in place 67.07 miles of 14-inch pipeline (Tennessee), 1010 Milam Street, withdrawal wells, well nos. 23 and 37, Houston, Texas 77252, filed an known as Line 14, located in Potter for the 1996/1997 withdrawal season. County, Pennsylvania and Livingston, abbreviated application pursuant to Young avers that these two wells will Section 7(c) of the Natural Gas Act to Allegany, and Wyoming Counties, New result in 19 injection/withdrawal wells York, all as more fully set forth in the amend its certificate of public which is the same number as originally convenience and necessity previously application which is on file with the certificated by the Commission. Commission and open to public issued in this proceeding to change the Comment date: July 3, 1996, in inspection. primary receipt point authorized for accordance with Standard Paragraph F Tennessee’s firm transportation service at the end of this notice. CNG desires to retire Line 14 because provided to Flagg Energy Development of its age and condition. CNG states that Corporation (Flagg Energy). 3. Pacific Interstate Transmission the pipeline was originally constructed Tennessee states that on May 2, 1990, Company and placed in service in 1937 by G.L. as amended on May 14, 1992, the [Docket No. CP96–544–000] Cabot. CNG notes that the abandonment Commission issued Tennessee a Take notice that on May 24, 1996, will not have an affect on its existing certificate of public convenience and Pacific Interstate Transmission services because the markets served by necessity under Section 7(c) of the Company (PITCO), 633 West 5th Street, Line 14 have declined and its existing Natural Gas Act and Part 157 of the Suite 5300, Los Angeles, California parallel Lines 24 and 554 have sufficient Commission’s Regulations authorizing 90071, filed in Docket No. CP96–544– capacity to maintain services to the Tennessee to, among other things, 000, an application pursuant to Section markets served by this part of CNG’s provide a firm transportation service of 7(c) of the Natural Gas Act (NGA) and systems. CNG proposes to leave two up to 4,140 dekatherms per day on Section 9 of the Alaskan Natural Gas sections of Line 14, one section between behalf of Flagg Energy. Tennessee states Transportation Act (ANGTA), for a Part Barber Road and Randall and the other that Flagg Energy has requested a 284 blanket certificate authorizing section between Donovan and State Line change in its primary receipt point to PITCO to operate as an open access Production, in service. Additionally, the existing Stingray-Johnson Bayou pipeline in compliance with Order No. CNG is planning to utilize certain receipt point in Cameron Parish, 636, et al., all as more fully set forth in segments of Line 14, after it has been Louisiana, due to a change in Flagg the application which is on file with the abandoned in place, to provide Energy’s gas supply portfolio. Commission and open to public additional cathodic protection to Tennessee states that it has sufficient inspection. parallel Line 24. CNG states that the primary firm capacity at this existing Specifically, PITCO requests: (1) work to enhance cathodic protection of receipt point to accommodate Flagg authority to credit revenues received Line 24 will be an auxiliary installation Energy’s request without adversely from releases of capacity by PITCO as a authorized under Section 2.55 of the affecting service to other firm customers Part 284 shipper on the Pacific Gas Commission’s Regulations. and without construction of new Transmission Company (PGT) and CNG states that the public facilities. Accordingly, Tennessee states Northwest Pipeline Corporation convenience and necessity will be that there is no environmental impact (Northwest) systems that is excess to the served if the Commission authorizes associated with the request. requirements of its sole customer, this abandonment because it will enable Comment date: July 3, 1996, in Southern California Gas Company CNG to retire a deteriorated pipeline, accordance with Standard Paragraph F (SoCal); (2) a finding that, as a result of thereby protecting the integrity and at the end of this notice. the restructuring of its gas purchase enhancing the safe operation of CNG’s obligation in 1994, conversion of its 2. Young Gas Storage Company, Ltd. system and it will lower the long-term transportation rights on PGT and costs on the system. CNG states that cost [Docket No. CP93–541–007] Northwest to Part 284 service, together savings will consist of a reduction in Take notice that on June 4, 1996, with this filing, PITCO is in compliance, operating and maintenance costs, fuel Young Gas Storage Company, Ltd. to the extent applicable, with Order No. loss, and capital expenditures for (Young), Post Office Box 1087, Colorado 636, et al.; and (3) a Part 284 Subpart replacing segments of existing pipelines. Springs, Colorado 80944, filed in Docket J blanket certificate authorizing PITCO No. CP93–541–007, a petition to amend to provide self implementing unbundled CNG’s proposed accounting treatment the authorizations issued on June 22, sales service in addition to its bundled for the cost of property provides a debit 1994 and October 5, 1995 in Docket service to SoCal. Account 108 (accumulated provision for Nos. CP93–541–000 et al., pursuant to PITCO filed pro-forma tariff sheets to depreciation of gas plant in service) and Section 7(c) of the Natural Gas Act effectuate the restructuring of its credit Account 101 (gas plant in service (NGA), and Part 157 of the Federal operations. 367-transmission lines) by $1,959,685. Energy Regulatory Commission’s Comment date: July 3, 1996, in CNG asserts that the abandonment of (Commission) regulations, to drill and accordance with Standard Paragraph F Line 14 in place will have no significant operate two new injection/withdrawal at the end of this notice. environmental impact. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31101

Comment date: July 3, 1996, in Natural Gas Act, and Columbia’s to become a party to a proceeding or to accordance with Standard Paragraph F authorization in Docket No. CP83–76– participate as a party in any hearing at the end of this notice. 000,1 to construct and operate a new therein must file a motion to intervene point of delivery to National Gas and in accordance with the Commission’s 5. ANR Pipeline Company Oil Corporation (NGO), Licking County, Rules. [Docket No. CP96–560–000] Ohio, all as more fully set forth in the Take further notice that, pursuant to Take notice that on June 7, 1996, ANR request which is on file with the the authority contained in and subject to Pipeline Company, 500 Renaissance Commission and open to public jurisdiction conferred upon the Federal Center, Detroit, Michigan 48243, filed in inspection. Energy Regulatory Commission by Docket No. CP96–560–000 an Columbia requests authorization to Sections 7 and 15 of the Natural Gas Act abbreviated application pursuant to construct and operate a new delivery and the Commission’s Rules of Practice Section 7(b) of the Natural Gas Act point for transportation service and and Procedure, a hearing will be held (NGA), as amended, and Sections 157.7 would provide the service pursuant to without further notice before the and 157.18 of the Federal Energy Columbia’s Blanket Certificate issued in Commission or its designee on this Regulatory Commission’s (Commission) Docket No. CP86–240–000 under filing if no motion to intervene is filed Regulations thereunder, for permission existing authorized rate schedules and within the time required herein, if the and approval to abandon a natural gas within Columbia’s certificated Commission on its own review of the storage and transportation service, all as entitlements.2 Columbia states that the matter finds that a grant of the more fully set forth in the application estimated daily and annual volumes of certificate is required by the public which is on file with the Commission natural gas to be delivered would be 700 convenience and necessity. If a motion and open to public inspection. Dth and 64,000, respectively, and would for leave to intervene is timely filed, or ANR states that it proposes to transported under Columbia’s Rate if the Commission on its own motion abandon a storage and transportation Schedule GTS. believes that a formal hearing is service for Wisconsin Electric Power Columbia states that the construction required, further notice of such hearing Company (WEPCO). ANR further states and operation of the new point of will be duly given. Under the procedure herein provided that the service for which it now seeks delivery has been requested by NGO for for, unless otherwise advised, it will be abandonment authorization was firm transportation service for unnecessary for the applicant to appear originally authorized by Commission residential use. It is further stated that or be represented at the hearing. order in Docket No. CP72–184 and NGO has not requested an increase in its total firm entitlements in conjunction G. Any person or the Commission’s performed under ANR’s Rate Schedule staff may, within 45 days after the with this request to establish this new X–24. It is asserted that ANR is issuance of the instant notice by the point of delivery. Columbia states that presently authorized to accept from Commission, file pursuant to Rule 214 NGO has agreed to reimburse Columbia WEPCO each year a daily volume of up of the Commission’s Procedural Rules 100% of the total actual cost to to 2,000 Mcf and an annual volume of (18 CFR 385.214) a motion to intervene construct the new point of deliver up to 400,000 Mcf for storage and or notice of intervention and pursuant which is estimated to cost $71,831, redelivery to WEPCO at a daily rate of to Section 157.205 of the Regulations including tax gross-up. 6,000 Mcf during the period under the Natural Gas Act (18 CFR Columbia states that it would comply commencing November 1 to the next 157.205) a protest to the request. If no with all of the environmental succeeding March 1. It is further protest is filed within the time allowed requirements of Sections 157.206(d) of asserted that it is the mutual consent of therefore, the proposed activity shall be the Commission’s Regulations prior to the parties to replace the existing deemed to be authorized effective the the construction of any facilities. certificated service being performed day after the time allowed for filing a Comment date: July 29, 1996, in under Rate Schedule X–24 with protest. If a protest is filed and not accordance with Standard Paragraph G agreements for transportation and withdrawn within 30 days after the time at the end of this notice. storage service under Rate Schedules allowed for filing a protest, the instant ETS, FSS, and NNS of ANR’s FERC Gas Standard Paragraphs request shall be treated as an Tariff. For ease of administration, ANR application for authorization pursuant requests that the abandonment of Rate F. Any person desiring to be heard or make any protest with reference to said to Section 7 of the Natural Gas Act. Schedule X–24 be made effective on the Lois D. Cashell, last day of the calendar month in which filing should on or before the comment Secretary. the Commission grants the date file with the Federal Energy abandonment. Regulatory Commission, 888 First [FR Doc. 96–15650 Filed 6–18–96; 8:45 am] Comment date: July 3, 1996, in Street, N.E., Washington, D.C. 20426, a BILLING CODE 6717±01±P accordance with Standard Paragraph F motion to intervene or a protest in at the end of this notice. accordance with the requirements of the Commission’s Rules of Practice and ENVIRONMENTAL PROTECTION 6. Columbia Gas Transmission Procedure (18 CFR 385.211 and AGENCY Corporation 385.214) and the Regulations under the [FRL±5523±3] [Docket No. CP96–561–000] Natural Gas Act (18 CFR 157.10). All protests filed with the Commission will Take notice that on June 7, 1996, Agency Information Collection be considered by it in determining the Columbia Gas Transmission Corporation Activities Under OMB Review; appropriate action to be taken but will (Columbia), 1700 MacCorkle Avenue, Standards of Performance for not serve to make the protestants parties S.E., Charleston, West Virginia 25314– Petroleum Refineries OMB No. 2060± to the proceeding. Any person wishing 1599, filed in Docket No. CP96–561– 0067, EPA No. 0983.05 000, a request pursuant to Sections 1 Columbia Gas Transmission Corp., 22 FERC AGENCY: Environmental Protection 157.205 and 157.211 (18 CFR Sections Paragraph 62,029 (1983) Agency (EPA). 157.205 and 157.211) of the 2 Texas Eastern Transmission Corp., 62 FERC ACTION: Notice. Commission’s Regulations under the Paragraph 61,196 at p. 62,390–391 (1993). 31102 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

SUMMARY: In compliance with the for a Federal agency. This includes the SUMMARY: The EPA has authorized the Paperwork Reduction Act (44 U.S.C. time needed to review instructions; following contractor for access to 3507 (a)(1)(D)), this notice announces develop, acquire, install, and utilize information that has been, or will be, that the Information Collection Request technology and systems for the purposes submitted to EPA under section 114 of (ICR) for Petroleum Refineries described of collecting, validating, and verifying the Clean Air Act (CAA) as amended: below has been forwarded to the Office information, processing and Alpha-Gamma Technologies, Inc., 900 of Management and Budget (OMB) for maintaining information, and disclosing Ridgefield Drive, Suite 350, Raleigh, review and comment. The ICR describes and providing information; adjust the North Carolina, 27609, contract number the nature of the information collection existing ways to comply with any 68D60006. and its expected burden and cost; where previously applicable instructions and Some of the information may be appropriate, it includes the actual data requirements; train personnel to be able claimed to be confidential business collection instrument. to respond to a collection of information (CBI) by the submitter. DATES: Comments must be submitted on information; search data sources; DATES: Access to confidential data or before July 19, 1996. complete and review the collection of submitted to EPA will occur no sooner FOR FURTHER INFORMATION OR A COPY information; and transmit or otherwise than ten days after issuance of this notice. CALL: Sandy Farmer at EPA, (202) 260– disclose the information. 2740, and refer to EPA ICR No. 983.05. Normal Data Collection: FOR FURTHER INFORMATION CONTACT: Estimated Hours/Response: 0.344 Doris Maxwell, Document Control SUPPLEMENTARY INFORMATION: Estimated Number of Responses: 35 Officer, Office of Air Quality Planning Title: Standards of Performance for Frequency of Response: 365 and Standards (MD–13), U.S. Petroleum Refineries (OMB No. 2060– Estimated Annual Hour Burden: 4393 Environmental Protection Agency, 0067; EPA ICR No. 0983.05). This is a Performance Test Burden: Research Triangle Park, North Carolina request for revision of a currently Estimated Hours/Response: 37.67 27711, (919) 541–5312. approved collection. Estimated Number of Responses: 3 SUPPLEMENTARY INFORMATION: The EPA Abstract: In the Administrator’s Frequency of Response: 1 is issuing this notice to inform all judgement, volatile organic compound Estimated Annual Hour Burden: 113 submitters of information under section (VOC) emissions from petroleum Estimated Total Annual Hour Burden: 114 of the CAA that EPA may provide refineries cause or contribute to air 4,506 hours. the above mentioned contractor access pollution that may reasonably be Send comments on the Agency’s need to these materials on a need-to-know anticipated to endanger public health or for this information, the accuracy of the basis. This contractor will provide welfare. In order to assure compliance provided burden estimates, and any technical support to the Office of Air with the emissions standards, adequate suggested methods for minimizing Quality Planning and Standards monitoring and recordkeeping is respondent burden, including through (OAQPS) in source assessment or with necessary. If the information required by the use of automated collection a source category survey and proceed the standards were not collected, the techniques to the following addresses: through development of standards for a Agency would have no means for (Please refer to EPA ICR No. 0983.05 Federal Air Pollution Control ensuring that compliance with the NSPS and OMB Control No. 2060–0067 in any Regulation or Control Techniques is achieved and maintained by sources correspondence.) Guidelines (CTG). subject to the regulation. The In accordance with 40 CFR 2.301(h), Ms. Sandy Farmer, EPA has determined that this contractor information collected is also used for U.S. Environmental Protection Agency, targeting inspections, and is of sufficient requires access to CBI submitted to EPA OPPE Regulatory Information Division under sections 112 and 114 of the CAA quality to be used as evidence in court. (2137), The information collected is required in order to perform work satisfactorily 401 M Street, SW, under the above noted contract. The under 40 C.F.R. Part 60 Subpart GGG Washington, DC 20460. and records of the information are contractor’s personnel will be given and access to information submitted under required to be maintained for at least Office of Information and Regulatory two years. An agency may not conduct section 114 of the CAA. Some of the Affairs, information may be claimed or or sponsor, and a person is not required Office of Management and Budget, to respond to, a collection of determined to be CBI. The contractor’s Attention: Desk Officer for EPA, personnel will be required to sign information unless it displays a 725 17th Street, NW, nondisclosure agreements and will be currently valid OMB control number. Washington, DC 20503. briefed on appropriate security The OMB control numbers for EPA’s Dated: June 13, 1996. procedures before they are permitted regulations are listed in 40 CFR Part 9 access to CBI. All contractor access to and 48 CFR Chapter 15. The Federal Joseph Retzer, CAA CBI will take place at the Register Notice required under 5 CFR Director, Regulatory Information Division. contractor’s facility. This contractor will 1320.8(d), soliciting comments on this [FR Doc. 96–15618 Filed 6–18–96; 8:45 am] have appropriate procedures and collection of information was published BILLING CODE 6560±50±P facilities in place to safeguard the CAA on 3/26/96 (FR 61, No. 59 p 13181–82). CBI to which the contractor has access. Upon completion of this comment Clearance for access to CAA CBI is period, no comments were received. [FRL±5522±1] scheduled to expire on May 28, 2001 Burden Statement: The annual public under contract 68D60006. reporting and recordkeeping burden for Contractor Access to Confidential this collection of information is Business Information Under the Clean Dated: June 11, 1996. estimated to average 0.3 hours per Air Act Mary Nichols, response. Burden means the total time, AGENCY: Environmental Protection Assistant Administrator for Air and effort, or financial resources expended Agency (EPA). Radiation. by persons to generate, maintain, retain, [FR Doc. 96–15444 Filed 6–18–96; 8:45 am] ACTION: Notice. or disclose or provide information to or BILLING CODE 6560±50±P Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31103

[FRL±5523±4] M Street, SW., Washington, DC 20460, integrated contingency plan (ICP). The at (202) 260–0030 (E-Mail notice contained the suggested ICP The National Response Team's [email protected]— outline as well as guidance on how to Integrated Contingency Plan Guidance please include ‘‘one plan’’ in the subject develop an ICP and demonstrate AGENCY: Environmental Protection line). In addition, the EPCRA/RCRA/ compliance with various regulatory Agency (EPA), U.S. Coast Guard Superfund Hotline can answer general requirements. (USCG), Minerals Management Service questions about the guidance. Need for Correction (MMS), Research and Special Programs SUPPLEMENTARY INFORMATION: Administration (RSPA), Occupational As published, the notice contained Safety and Health Administration Background minor transcription errors that omitted (OSHA). certain information and should be ACTION: Notice; corrections. EPA, USCG, MMS, RSPA, and OSHA corrected. published a notice in the Federal Correction of Publication SUMMARY: This document contains Register on June 5, 1996 (61 FR 28642), corrections to the notice published announcing the availability of the NRT’s Accordingly, the publication of the Wednesday, June 5, 1996 (61 FR 28642). Integrated Contingency Plan Guidance notice on June 5, 1996 (61 FR 28642) is The notice announced the availability of (‘‘one plan’’). The guidance is intended corrected as follows: the NRT’s Integrated Contingency Plan to be used by facilities to prepare 1. On page 28660, the chart within Guidance (‘‘one plan’’), which is emergency response plans. The intent of Attachment 3 labeled ‘‘DOT/RSPA FRP intended to be used by facilities to the NRT is to provide a mechanism for (49 CFR Part 194)’’ is replaced by the prepare emergency response plans. consolidating multiple plans that following chart that removes FOR FURTHER INFORMATION CONTACT: facilities may have prepared to comply transcription errors and incorporates 22 William Finan, U.S. Environmental with various regulations into one lines of text omitted from the original Protection Agency, Mail Code 5101, 401 functional emergency response plan or notice.

DOT/RSPA FRP (49 CFR part 194) ICP citation(s)

194.101 Operators required to submit plans 194.103 Significant and substantial harm: operator's statement ...... III.8. 194.105 Worst case discharge ...... III.3.d.(1). 194.107 General response plan requirements: (a) Resource planning requirements ...... III.3.d. (b) Language requirements. (c) Consistency with NCP and ACP(s) ...... III.3.d.(3), III.8. (d) Each response plan must include: (1) Core Plan Contents (i) An information summary as required in 194.113 ...... I.4, III.1. 194.113(a) Core plan information summary (1) Name and address of operator ...... I.4.b, I.4.d. (2) Description of each response zone ...... I.4.c. (b) Response zone appendix information summary (1) Core plan information summary ...... I.4, III.1. (2) Name, telephone of qualified individual available on 24-hour basis ...... II.2.a, III.1.a. (3) Description of response zone ...... I.4.c. (4) List of line sections for each pipeline ...... I.4.c. (5) Significant and substantial harm determination ...... III.8. (6) Type of oil and volume of WCD ...... III.3.d.(1). (ii) Immediate notification procedures ...... II.2.a, III.2. (iii) Spill detection and mitigation procedures ...... II.1, II.2.d.(2). (iv) The name, address, and telephone number of the oil spill response organization, if ap- III.2.a. propriate. (v) Response activities and response resources ...... II.2.b, II.2.d.(3), II.2.e±f, II.3, III.3, III.3.b.(2), III.3.c.(2), III.3.c.(4)±(6), III.3.c.(8), III.3.d.(4), III.3.e.(3). (vi) Names and telephone numbers of federal, state, and local agencies which the operator III.2.c. expects to have pollution control responsibilities or support. (vii) Training procedures ...... III.5. (viii) Equipment testing ...... III.3.e.(6). (ix) Drill types, schedules, and procedures ...... III.5. (x) Plan review and update procedures ...... III.6. (2) An appendix for each response zone 16 194.109 Submission of state response plans 194.111 Response plan retention III.6. 194.113 Information summary (see 194.107(d)(1)(i)) 194.115 Response resources ...... II.2.f, III.3.d, III.3.f.(5). 194.117 Training ...... III.5. 194.119 Submission and approval procedures ...... III.6. 194.121 Response plan review and update procedures ...... III.6. Appendix A Recommended guidelines for the preparation of response plans ...... I.2. Section 1 Information summary ...... I.4.b±c, II.2.a, II.2.f, III.8. Section 2 Notification procedures ...... II.2.a, III.2, III.3.b.(2), III.3.e.(3). Section 3 Spill detection and on-scene spill mitigation procedures ...... II.1, II.2.e±f, III.3.c.(2). Section 4 Response activities ...... II.2.b, III.3.b.(1). Section 5 List of contacts ...... II.2.a. 31104 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

DOT/RSPA FRP (49 CFR part 194) ICP citation(s)

Section 6 Training procedures ...... III.5. Section 7 Drill procedures ...... III.5. Section 8 Response plan review and update procedures ...... III.6. Section 9 Response zone appendices ...... II.2.b, II.3, III.1.a±c, III.3.

2. On page 28660, in the reference to comments to: Environmental Protection applications does not imply a decision ‘‘29 CFR 1910.38(a)(3) Alarm system’’ in Agency, Rm. 1132, CM #2, 1921 by the Agency on the applications. the chart within Attachment 3 labeled Jefferson Davis Hwy., Arlington, VA. 1. Products Containing Active ‘‘OSHA Emergency Action Plans (29 Comments and data may also be Ingredients Not Included In Any CFR 1910.38(a)) and Process Safety (29 submitted electronically by sending Previously Registered Products CFR 1910.119),’’ the endnote numbered electronic mail (e-mail) to: opp- ‘‘16’’ is renumbered ‘‘17’’ to reflect the [email protected]. Electronic 1. File Symbol: 52991–I. Applicant: insertion of an additional, preceding comments must be submitted as an Bedoukian Research, Inc., 21 Finance endnote in the revised chart described ASCII file avoiding the use of special Drive, Danbury, CT 06810–4192. in item 1 of this correction notice. characters and any form of encryption. Product name: Bedoukian trans-11- 3. On page 28663, after endnote 15 in Comments and data will be accepted on Tetradecenyl Acetate Technical the list of Notes to Attachment 3, the disks in Wordperfect in 5.1 file format Pheromone. Insecticide. Active following text is inserted as endnote 16: or ASCII file format. All comments and ingredient: trans-11-Tetradecenyl ‘‘16. Requires information contained in data in electronic form must be acetate at 90 percent. Proposed 194.107(d)(1)(i)–(ix) that is specific to identified by the docket number [OPP– classification/Use: None. For the response zone and the worst case 30413]. No ‘‘Confidential Business manufacturing use only. discharge calculations.’’ Information’’ (CBI) should be submitted 2. File Symbol: 52991–T. Applicant: 4. On page 28663, in the list of Notes through e-mail. Electronic comments on Bedoukian Research, Inc. Product name: to Attachment 3, the endnote numbered this notice may be filed online at many Bedoukian cis-11-Tetradecenyl Acetate ‘‘16’’ is renumbered ‘‘17’’ to reflect the Federal Depository Libraries. Additional Technical Pheromone. Insecticide. insertion of an additional, preceding information on electronic submission Active ingredient: cis-11-Tetradecenyl endnote in the revised chart described can be found below in this document. acetate at 96 percent. Proposed in item 1 of this correction notice. Information submitted as a comment classification/Use: None. For Dated: June 13, 1996. concerning this notice may be claimed manufacturing use only. 3. File Symbol: 55638–GI. Applicant: James L. Makris, confidential by marking any part or all of that information as ‘‘Confidential Ecogen Inc., 2005 Cabot Blvd., West, Director, Chemical Emergency Preparedness P.O. 3023, Langhorne, PA 19047–3023. and Prevention Office, U.S. Environmental Business Information’’ (CBI). Protection Agency. Information so marked will not be Product name: NoMate OLR Spiral. Insecticide. Active ingredients: E-11- [FR Doc. 96–15611 Filed 6–18–96; 8:45 am] disclosed except in accordance with procedures set forth in 40 CFR part 2. Tetradecen-l-yl acetate at 3.10 percent BILLING CODE 6560±50±P A copy of the comment that does not and Z-11-tetradecen-l-yl-acetate at 0.34 contain CBI must be submitted for percent. Proposed classification/Use: [OPP±30413; FRL±5376±2] inclusion in the public record. None. To prevent damage to grapes or Information not marked confidential tree fruit caused by omnivorous Certain Companies; Applications to may be disclosed publicly by EPA leafrollers. Register Pesticide Products without prior notice. All written 4. File Symbol: 69579–R. Applicant: comments will be available for public U.I.M. Agrochemicals (AUST.) PTY. AGENCY: Environmental Protection Ltd., P.O. Box 72, Brisbane Market, Qld., Agency (EPA). inspection in Rm. 1132 at the address given above, from 8 a.m. to 4:30 p.m., Australia, 4106. Product name: Foli-R- ACTION: Notice. Monday through Friday, excluding Fos 400. Fungicide. Active ingredient: Mono- and di-potassium salts of SUMMARY: This notice announces receipt holidays. phosphorous acid at 45.5 percent. of applications to register pesticide FOR FURTHER INFORMATION CONTACT: By Proposed classification/Use: None. For products containing a new active mail: Rita Kumar, Biopesticides and the suppression of Phytophthora and ingredient not included in any Pollution Prevention Division (7501W), Pythium in ornamentals, bedding previously registered products pursuant Office of Pesticide Programs, plants, conifers, and turf. to the provisions of section 3(c)(4) of the Environmental Protection Agency, 401 Notice of approval or denial of an Federal Insecticide, Fungicide, and M St., SW., Washington, DC 20460. application to register a pesticide Rodenticide Act (FIFRA), as amended. Office location and telephone number: product will be announced in the Rm. CS51B6, Westfield Building North DATES: Written comments must be Federal Register. The procedure for Tower, 2800 Crystal Drive, Arlington, submitted by July 19, 1996. requesting data will be given in the VA 22202, (703) 308–8291; e-mail: ADDRESSES: By mail, submit written Federal Register if an application is [email protected]. comments identified by the document approved. control number [OPP–30413] and the SUPPLEMENTARY INFORMATION: EPA Comments received within the file symbol to: Public Response and received applications to register specified time period will be considered Program Resources Branch, Field pesticide products containing an active before a final decision is made; Operations Divisions (7506C), Office of ingredient not included in any comments received after the time Pesticide Programs, Environmental previously registered products pursuant specified will be considered only to the Protection Agency, 401 M St., SW., to the provisions of section 3(c)(4) of extent possible without delaying Washington, DC 20460. In person, bring FIFRA. Notice of receipt of these processing of the application. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31105

A record has been established for this legal holidays. It is suggested that Pesticide Programs (7502C), notice under docket number [OPP– persons interested in reviewing the Environmental Protection Agency, 401 30413] (including comments and data application file, telephone this office at M St., SW., Washington, DC 20460. submitted electronically as described (703–305–5805), to ensure that the file Office location for commercial courier below). A public version of this record, is available on the date of intended visit. delivery and telephone number: Room including printed, paper versions of Authority: 7 U.S.C. 136. 216, Crystal Mall No. 2, 1921 Jefferson electronic comments, which does not Davis Highway, Arlington, VA, (703) include any information claimed as CBI, List of Subjects 305–5761; e-mail: is available for inspection from 8 a.m. to [email protected]. 4:30 p.m., Monday through Friday, Environmental protection, Pesticides excluding legal holidays. The public and pests, Product registration. SUPPLEMENTARY INFORMATION: Dated: June 11, 1996. record is located in Rm. 1132 of the I. Introduction Public Response and Program Resources Janet L. Andersen, Branch, Field Operations Division Section 6(f)(1) of FIFRA provides that (7506C), Office of Pesticide Programs, Acting Director, Biopesticides and Pollution a registrant of a pesticide product may Environmental Protection Agency, Prevention Division, Office of Pesticide at any time request that any of its Crystal Mall #2, 1921 Jefferson Davis Programs. pesticide registrations be amended to Highway, Arlington, VA. [FR Doc. 96–15596 Filed 6–18–96; 8:45 am] delete one or more uses. The Act further Electronic comments can be sent BILLING CODE 6560±50±F provides that, before acting on the directly to EPA at: request, EPA must publish a notice of [email protected] receipt of any such request in the [OPP±34098; FRL 5373±4] Electronic comments must be Federal Register. Thereafter, the submitted as an ASCII file avoiding the Notice of Receipt of Requests for Administrator may approve such a use of special characters and any form request. of encryption. Amendments to Delete uses in Certain The official record for this notice, as Pesticide Registrations II. Intent to Delete Uses well as the public version, as described AGENCY: above will be kept in paper form. Environmental Protection This notice announces receipt by the Accordingly, EPA will transfer all Agency (EPA). Agency of applications from registrants comments received electronically into ACTION: Notice. to delete uses in the 76 pesticide printed, paper form as they are received registrations listed in the following SUMMARY: In accordance with section and will place the paper copies in the Table 1. These registrations are listed by 6(f)(1) of the Federal Insecticide, official record which will also include registration number, product names, Fungicide and Rodenticide Act (FIFRA), all comments submitted directly in active ingredients and the specific uses as amended, EPA is issuing a notice of writing. The official record is the paper deleted. Users of these products who receipt of request for amendment by record maintained at the address in desire continued use on crops or sites registrants to delete uses in certain ‘‘ADDRESSES’’ at the beginning of this being deleted should contact the pesticide registrations. document. applicable registrant before September Written comments filed pursuant to DATES: Unless a request is withdrawn, 17, 1996, to discuss withdrawal of the this notice, will be available in the the Agency will approve these use applications for amendment. This 90- Public Response and Program Resources deletions and the deletions will become day period will also permit interested Branch, Field Operations Division at the effective on September 17, 1996. members of the public to intercede with address provided from 8 a.m. to 4:30 FOR FURTHER INFORMATION CONTACT: By registrants prior to the Agency approval p.m., Monday through Friday, excluding mail: James A. Hollins, Office of of the deletion.

TABLE 1. Ð REGISTRATIONS WITH REQUESTS FOR AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONS

EPA Reg No. Product Name Active Ingredient Delete From Label

000352±00324 DuPont Diuron Technical Herbicide Diuron Bermudagrass 000407±00281 Sevin Brand Carbaryl Carbaryl Dogs & cats, including quarters 000432±00433 SBP-1382 Insecticide Concentrate 25% Formula I Resmethrin Commercial greenhouse uses 000432±00434 SBP-1382 Concentrate 40 Resmethrin Commercial greenhouse uses 000432±00439 SBP-1382 Insecticide Concentrate 15% Resmethrin Commercial greenhouse uses 000432±00485 SBP-1382/Bioallethrin Insecticide Concentrate 10%± d-trans-Allethrin; Resmethrin Commercial greenhouse uses 5% Formula I 000432±00487 SBP-1382 Technical w/Antioxidant Resmethrin Commercial greenhouse uses 000432±00488 SBP-1328/Bioallethrin Insecticide Concentrate 10%- d-trans-Allethrin; Resmethrin Commercial greenhouse uses 7.5% Formula I 000432±00503 SBP-1382 Insecticide Concentrate 10% Formula I Resmethrin Commercial greenhouse uses 000432±00508 SBP-1382/Bioallethrin Insecticide Concentrate 10%± d-trans- Allethrin; Resmethrin Commercial greenhouse uses 10% Formula I 000432±00510 SBP-1382 Technical-RF Refined Grade Resmethrin Commercial greenhouse uses 000432±00511 SBP-1382/Bioallethrin Insecticide Concentrate 30%± d-trans- Allethrin; Resmethrin Commercial greenhouse uses 22.5% Formula I 31106 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

TABLE 1. Ð REGISTRATIONS WITH REQUESTS FOR AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONSÐ Continued

EPA Reg No. Product Name Active Ingredient Delete From Label

000432±00512 SBP-1382/Bioallethrin Insecticide Concentrate 10%± d-trans-Allethrin; Resmethrin Commercial greenhouse uses 6.25% Formula I 000432±00513 SBP-1382/Bioallethrin Insecticide Concentrate 31%± d-trans-Allethrin; Resmethrin Commercial greenhouse uses 10% Formula I 000432±00514 SBP-1382/Bioallethrin Insecticide Concentrate 27%± d-trans-Allethrin; Resmethrin Commercial greenhouse uses 27% Formula I 000432±00515 SBP-1382/Bioallethrin Insecticide Concentrate 18%± d-trans-Allethrin; Resmethrin Commercial greenhouse uses 48% Formula I 000432±00518 SBP-1382 Insecticide Concentrate 12% Formula I Resmethrin Commercial greenhouse uses w/Residual Additive 000432±00520 SBP-1382 Technical-90RF Refined Grade Resmethrin Commercial greenhouse uses 000432±00521 SBP-1382 Technical 96PR Premium Grade Resmethrin Commercial greenhouse uses 000432±00522 SBP-1382/Bioallethrin Insecticide Concentrate 12%± d-trans-Allethrin; Resmethrin Commercial greenhouse uses 5.14% Formula I 000432±00524 SBP-1382/Bioallethrin Insecticide Concentrate d-trans-Allethrin; Resmethrin Commercial greenhouse uses 7.5%±5% Formula I 000432±00527 SBP-1382 Insecticide Concentrate 12.5% Formula I Resmethrin Commercial greenhouse uses 000432±00530 UltraTEC Insecticide w/SBP-1382 Transparent Resmethrin Commercial greenhouse uses Emulsion Conc. 16% 000432±00531 SBP-1382/Bioallethrin Insecticide Concentrate 23%± d-trans-Allethrin; Resmethrin Commercial greenhouse uses 38.4% 000432±00532 UltraTEC Insecticide w/SBP-1382/Bioallethrin d-trans-Allethrin; Resmethrin Commercial greenhouse uses Tranparent Emulsion 000432±00537 SBP-1382/Bioallethrin Insecticide Concentrate 8%± Commercial greenhouse uses 16% Formula I 000432±00539 SBP-1382 Insecticide Concentrate 30% Formula w/ Resmethrin Commercial greenhouse uses Residual Additive 000432±00540 SBP-1382/Bioallethrin Insecticide Concentrate d-trans-Allethrin; Resmethrin Commercial greenhouse uses 10.10%±67.28 Formula I 000432±00560 SBP-1382 24.3% Emulsifiable Insecticide Resmethrin Commercial greenhouse uses 000432±00564 SBP-1382 Concentrate 12.5% MP Resmethrin Commercial greenhouse uses 000432±00570 UltraTEC Insecticide w/SBP-1382/Chlorpyrifos Chlorpyrifos; Resmethrin Commercial greenhouse uses Transparent Emulsion 000432±00571 UltraTEC Insecticide w/SBP-1382/Chlorpyrifos Chlorpyrifos; Resmethrin Commercial greenhouse uses Transparent Emulsion 000432±00572 UltraTEC Insecticide w/SBP-1382 Transparent Resmethrin Commercial greenhouse uses Emulsion Conc. 4.35% 000432±00574 SBP-1382/Bioallethrin Concentrate 10±5 d-trans-Allethrin; Resmethrin Commercial greenhouse uses 000432±00576 SBP-1382/Bioallethrin Concentrate 10±3.75 d-trans-Allethrin; Resmethrin Commercial greenhouse uses 000432±00577 SBP-1382/Bioallethrin Concentrate 10±2.5 d-trans-Allethrin; Resmethrin Commercial greenhouse uses 000432±00595 SBP-1382 Insecticide Concentrate 40% Formula I Resmethrin Commercial greenhouse uses 000432±00602 SBP-1382/Bioallethrin 19.268±48.202 Conc. d-trans-Allethrin; Resmethrin Commercial greenhouse uses 000432±00604 SBP-1382/Bioallethrin 27.9699±27.9699 Conc. d-trans-Allethrin; Resmethrin Commercial greenhouse uses 000432±00606 SBP-1382 Insecticide Emulsifiable 26% Resmethrin Commercial greenhouse uses 000432±00607 SBP-1382 Concentrate 16% Formula II Resmethrin Commercial greenhouse uses 000432±00610 SBP-1382 Insecticide Concentrate 40% Formula III Resmethrin Commercial greenhouse uses 000432±00623 SBP-1382 Insecticide 40% Formula I Resmethrin Commercial greenhouse uses 000432±00629 Crossfire Conc. 2 w/SBP-1382/Esbiothrin/ Piperonyl d-trans-Allethrin; Resmethrin; Commercial greenhouse uses Butoxide Insecticide piperonyl butoxide 000432±00630 Crossfire Conc. 3 w/SBP-1382/Esbiothrin/ Piperonyl d-trans-Allethrin; Resmethrin; Commercial greenhouse uses Butoxide 6.45%+6.45% Piperonyl butoxide 000432±00632 Crossfire Conc. I w/SBP-1382/Esbiothrin/ Piperonyl d-trans-Allethrin; Resmethrin; Commercial greenhouse uses Butoxide Piperonyl butoxide 000432±00633 Crossfire Conc. 4 w/SBP-1382/Esbiothrin/ Piperonyl d-trans-Allethrin; Resmethrin; Commercial greenhouse uses Butoxide 8%±7.8%±31.2 Piperonyl butoxide Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31107

TABLE 1. Ð REGISTRATIONS WITH REQUESTS FOR AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONSÐ Continued

EPA Reg No. Product Name Active Ingredient Delete From Label

000432±00648 UltraTEC Insecticide w/SBP-1382/Chlorpyrifos Chlorpyrifos; Resmethrin; Commercial greenhouse uses Transparent Emulsion 3.2 000432±00649 UltraTEC Insecticide w/SBP-1382/Chlorpyrifos Chlorpyrifos; Resmethrin Commercial greenhouse uses Transparent Emulsion 1.6 000432±00669 UltraTEC Insecticide w/SBP1382/Bioallethrin Trans- d-trans-Allethrin; Resmethrin Commercial greenhouse uses parent Emulsion 4% 000432±00687 Crossfire TRA Conc. w/SBP-1382/Esbiothrin/ d-trans-Allethrin; Piperonyl Commercial greenhouse uses Piperonyl Butoxide 3%±4.5% butoxide; Resmethrin 000432±00689 SBP-1382 Insecticide Concentrate 3% Resmethrin Commercial greenhouse uses 000432±00692 UltraTEC Insecticide w/SBP-1382/Chlorpyrifos Chlorpyrifos; Resmethrin Commercial greenhouse uses Transparent Emul sion Concentrate 000432±00693 SBP-1382/Bioallethrin/Piperonyl Butoxide Insecticide d-trans-Allethrin; Piperonyl Commercial greenhouse uses Concentrate 11.9%±3.4 butoxide; Resmethrin 000432±00721 SBP-1382/Bioallethrin/Piperonyl Butoxide Insecticide d-trans-Allethrin; Piperonyl Commercial greenhouse uses Conc. 11.90% butoxide; Resmethrin 000432±00732 Bioresmethrin Technical (+)-trans-Resmethrin Commercial greenhouse uses 000572±00107 5% Sevin Brand Carbaryl Insecticide Dust Carbaryl Use on dogs & cats 000655±00003 Prentox Cube Powder Rotenone Terrestrial food crops, terres- trial non-food, greenhouse (household & ornamental), commmercial/ industrial, live- stock 000655±00069 Prentox Cube Resins Rotenone Terrestrial food crops, terres- trial non-food, greenhouse (household & ornamental), commercial/ industrial, live- stock 004816±00372 Synthrin Concentrate 40 Resmethrin Commercial greenhouse uses 004816±00391 Tetralate 25±10.6 WB Concentrate Tetramethrin; Resmethrin Commercial greenhouse uses 004816±00392 Tetralate Intermediate Concentrate Tetramethrin; Resmethrin Commercial greenhouse uses 004816±00402 Synthrin Concentrate 15 Insecticide Resmethrin Commercial greenhouse uses 004816±00403 Synthrin Technical w/Antioxidant Insecticide Resmethrin Commercial greenhouse uses 004816±00499 Tetralate 2.0±0.44 WB Tetramethrin; Resmethrin Commercial greenhouse uses 004816±00500 Tetralate 26.64±5.85 WB Tetramethrin; Resmethrin Commercial greenhouse uses 004816±00504 Tetralate 2.5±2.5 WB Tetramethrin; Resmethrin Commercial greenhouse uses 004816±00505 Tetralate 16.670±7.0655 Tetramethrin; Resmethrin Commercial greenhouse uses 004816±00506 Tetralate 20.84±20.84 Tetramethrin; Resmethrin Commercial greenhouse uses 004816±00647 Bioresmethrin Technical (+)-trans-Resmethrin Commercial greenhouse uses 033688±00006 MAXATA Industrial Herbicide Amitrole Ornamental plant nurseries 041835±00006 Durakyl Pet Dip Rotenone; Cube Resins other Use on cats than Rotenone; Pyrethrins 049585±00024 Sevin Plus Multi-Purpose Garden Dust Piperonyl butoxide; Pyrethrins; Pet application uses Sulfur; Carbaryl 051036±00013 Sevin 10% Dust Carbaryl Pet uses 051036±00048 Sevin Dust-5 Carbaryl Pet uses 051036±00225 Slug N Snail Plus Metaldehyde; Carbaryl Avocados

The following Table 2 includes the names and addresses of record for all registrants of the products in Table 1, in sequence by EPA company number.

TABLE 2.ÐREGISTRANTS REQUESTING AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONS

Com- pany No. Company Name and Address

000352 DuPont Agricultural Products, Walker's Mill, Barley Mill Plaza, P.O. Box 80038, Wilmington, DE 19880. 000407 Imperial Inc., 1280 Imperial Road, Box 536, Hampton, IA 50441. 31108 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

TABLE 2.ÐREGISTRANTS REQUESTING AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONSÐ Continued

Com- pany No. Company Name and Address

000432 AgrEvo Environmental Health, 95 Chestnut Ridge Road, Montvale, NJ 07645. 000572 Rockland Corporation, P.O. Box 809, 686 Passaic Ave., West Caldwell, NJ 07007. 000655 Prentiss Incorporated, C.B. 2000, Floral Park, NY 11002. 004816 AgrEvo Environmental Health, 95 Chestnut Ridge Road, Montvale, NJ 07645. 033688 CFPI, Agro, S.A., c/o Richard J. Otten, 5116 Wood Valley Drive, Raleigh, NC 27613. 041835 DVM Pharmaceuticals, Inc., c/o RegWest Company, P.O. Box 2220, Greeley, CO 80632. 049585 Alljack, Division of United Industries Corp., P.O. Box 15842 St. Louis, MO 63114. 051036 Micro Flo Co., P.O. Box 5948, Lakeland, FL 33807.

III. Existing Stocks Provisions FOR FURTHER INFORMATION CONTACT: See 8. Kansas Department of Agriculture The Agency has authorized registrants each emergency exemption for the name for the use of propazine on sorghum to to sell or distribute product under the of the contact person. The following control pigweed; April 3, 1996, to June previously approved labeling for a information applies to all contact 30, 1996. A notice published in the period of 18 months after approval of persons: By mail: Registration Division Federal Register of March 15, 1996 (61 the revision, unless other restrictions (7505W), Office of Pesticide Programs, FR 10758). For the past the 3 years an have been imposed, as in special review Environmental Protection Agency, 401 emergency exemption has been actions. M St., SW., Washington, DC 20460. requested and a complete application Office location and telephone number: for registration and tolerance petition List of Subjects 6th Floor, CS 1B1, 2800 Jefferson Davis has not yet been submitted to the Highway, Arlington, VA (703–308– Agency; additionally, propazine is an Environmental protection, Pesticides 8417); e-mail: unregistered chemical. The situation and pests, Product registrations. [email protected]. appears to be urgent and nonroutine, Dated: June 4, 1996. SUPPLEMENTARY INFORMATION: EPA has and sorghum growers are expected to suffer significant economic loss without Frank Sanders, granted specific exemptions to the: 1. California Department of Pesticide the use of propazine. (Andrea Beard) Director, Program Management and Support 9. Louisiana Department of Division, Office of Pesticide Programs. Regulation for the use of metalaxyl on boysenberries to control downy mildew; Agriculture and Forestry for the use of [FR Doc. 96–15475 Filed 6–18–96; 8:45 am] March 8, 1996, to April 15, 1996. (Pat Pirate on cotton to control the beet BILLING CODE 6560±50±F Cimino) armyworms and tobacco budworms; 2. Delaware Department of April 15, 1996, to September 30, 1996. Agriculture for the use of terbacil on A notice published in the Federal [OPP±181014; FRL±5376±1] watermelons to control annual broadleaf Register of March 20, 1996 (61 FR Emergency Exemptions weeds; April 19, 1996, to June 15, 1996. 11413). The situation was urgent and (Dave Deegan) nonroutine. There are no chemical AGENCY: Environmental Protection 3. Delaware Department of alternative methods of beet armyworm Agency (EPA). Agriculture for the use of clomazone on or tobacco budworm control that can be ACTION: Notice. watermelons to control weeds; April 4, used in Louisiana. Pirate has shown to 1996, to June 30, 1996. (Dave Deegan) be the most effective conventional SUMMARY: EPA has granted specific 4. Hawaii Department of Agriculture alternative against resistant tobacco exemptions for the control of various for the use of hydramethylnon on budworm. The combination of pests to 23 States listed below. Four pineapples to control big-headed ants tebufenozide and Pirate is crisis exemptions were initiated by and argentine ants; April 26, 1996, to environmentally the most acceptable various States and one by the United April 25, 1997. (Libby Pemberton) combination available against beet States Department of Agriculture 5. Hawaii Department of Agriculture armyworms. (Margarita Collantes) (USDA). There were also five quarantine for the use of imidacloprid on 10. Louisiana Department of exemptions granted to the United States watermelons to control whiteflies; April Agriculture and Forestry for the use of Department of Agriculture. These 4, 1996, to April 3, 1997. Hawaii had tebufenozide on cotton to control beet exemptions, issued during the months initiated a crisis exemption for this use. armyworms; April 15, 1996, to of March, April, and May 1996, are (Andrea Beard) September 30, 1996. (Margarita subject to application and timing 6. Idaho Department of Agriculture for Collantes) restrictions and reporting requirements the use of bifenthrin on canola to 11. Maryland Department of designed to protect the environment to control aphids; April 15, 1996, to Agriculture for the use of terbacil on the maximum extent possible. August 15, 1996. (Andrea Beard) watermelons to control annual broadleaf Information on these restrictions is 7. Idaho Department of Agriculture for weeds; April 19, 1996, to June 15, 1996. available from the contact persons in the use of primisulfuron-methyl on blue (Dave Deegan) EPA listed below. grass grown for seed to control 12. Maryland Department of DATES: See each specific, crisis, and quackgrass, windgrass and other weeds; Agriculture for the use of clomazone on quarantine exemptions for its effective March 15, 1996, to November 30, 1996. watermelons to control weeds; April 4, date. (Pat Cimino) 1996, to June 30, 1996. (Dave Deegan) Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31109

13. New Jersey Department of 7. Massachusetts Department of control animal diseases; April 15, 1996, Environmental Protection for the use of Food and Agriculture. to April 15, 1999. (Dave Deegan) metolachlor on spinach to control 8. Michigan Department of 4. United States Department of weeds; April 3, 1996, to October 31, Agriculture. Agriculture for the use of methyl 1996. (Margarita Collantes) 9. Minnesota Department of bromide on fallow fields and small plots 14. Oregon Department of Agriculture Agriculture. of land to control witchweed in North for the use of bifenthrin on canola to 10. Montana Department of Carolina and South Carolina; April 26, control aphids; April 15, 1996, to July Agriculture. 1996, to April 25, 1999. (Libby 31, 1996. (Andrea Beard) 11. New York Department of Pemberton) 15. Oregon Department of Agriculture Environmental Conservation. 5. United States Department of for the use of fenarimol on hazelnuts to 12. North Carolina Department of Agriculture for the use of sodium control eastern filbert blight; April 29, Agriculture. hydroxide on surfaces, containers, hay 1996, to May 30, 1996. (Pat Cimino) 13. North Dakota Department of and straw to control animal diseases; 16. Oregon Department of Agriculture Agriculture. April 15, 1996, to April 15, 1999. (Dave for the use of lactofen on snap beans to 14. Ohio Department of Agriculture. Deegan) 15. Oregon Department of control nightshade and pigweed; April Authority: 7 U.S.C. 136. 3, 1996, to July 31, 1996. (Dave Deegan) Agriculture. 17. Oregon Department of Agriculture 16. Pennsylvania Department of List of Subjects for the use of fenoxycarb on pears to Agriculture. Environmental protection, Pesticides control pear psylla; April 1, 1996, to 17. Washington Department of and pests, Crisis exemptions. May 1, 1996. (Pat Cimino) Agriculture. 18. Oregon Department of Agriculture 18. Wisconsin Department of Dated: June 7, 1996. for the use of pirimicarb on alfalfa Agriculture, Trade and Consumer Susan Lewis, Protection. (Libby Pemberton) grown for seed to control lygus bugs and Acting Director, Registration Division, Office aphids; April 8, 1996, to August 31, Crisis exemptions were initiated by of Pesticide Programs. 1996. A notice published in the Federal the: Register of April 24, 1996 (61 FR 1. Idaho Department of Agriculture on [FR Doc. 96–15285 Filed 6–18–96; 8:45 am] 18141). Pirimicarb is the only known March 25, 1996, for the use of carboxin BILLING CODE 6560±50±F pesticide that provides control of aphids on lentils to control ascochyta blight. and lygus bugs without inflicting harm This program has ended. (Andrea Beard) [FRL±5522±7] to Native Bee population following 2. Idaho Department of Agriculture on application. (Margarita Collantes) March 25, 1996, for the use of Strategic Plan for the Office of 19. Washington Department of thiabendazole on lentils to control Research and Development Agriculture for the use of bifenthrin on ascochyta blight. This program has AGENCY: Environmental Protection canola to control aphids; April 15, 1996, ended. (Andrea Beard) Agency. to August 15, 1996. (Andrea Beard) 3. Washington Department of 20. Washington Department of Agriculture on March 22, 1996, for the ACTION: Correction—Notice of Agriculture for the use of primisulfuron- use of carboxin on lentils to control Availability. ascochyta blight. This program has methyl on blue grass, grown for seed to SUMMARY: On June 7, 1996 EPA control quackgrass, windgrass, and ended. (Andrea Beard) 4. Washington Department of announced the availability of the other weeds; April 15, 1996, to Strategic Plan for the Office of Research November 30, 1996. (Pat Cimino) Agriculture on March 22, 1996, for the use of thiabendazole on lentils to and Development (EPA–600/R–96/059), 21. Washington Department of prepared by the U.S. Environmental Agriculture for the use of fenoxycarb on control ascochyta blight. This program has ended. (Andrea Beard) Protection Agency’s (EPA) Office of pears to control pear psylla; April 1, Research and Development (ORD). The 1996, to May 1, 1996. (Pat Cimino) 5. United States Department of Agriculture on March 25, 1996, for the Federal Register Notice (61 FR 29099) 22. Washington Department of contained an incorrect phone number Agriculture for the use of metolachlor use of methyl bromide on conveyances, mechanized farm equipment, grain for interested parties to obtain a copy of on spinach to control grasses; April 1, the Strategic Plan. The correct phone 1996, to July 1, 1996. (Margarita elevator and structures used for storing and handling wheat and wheat grain number is (513) 569–7562, or you may Collantes) fax your request to (513) 569–7566. The The following States listed below and plant or soil debris to control karnal Strategic Plan describes the process and were granted emergency exemptions for bunt. This program is expected to last criteria for selecting ORD’s high priority the use of dimethomorph, cymoxanil, until 1999. (Libby Pemberton) research and defines the foundation for and propamocarb hydrochloride on EPA has granted quarantine ORD’s management and budget potatoes to control late blight; April 4, exemptions to the: planning process. 1996, to April 3, 1997, except for 1. United States Department of DATES: Florida whose effective date is May 18, Agriculture for the use of sodium The Strategic Plan for the Office 1996, to May 17, 1997. hypochloride on surfaces to control of Research and Development was made 1. Colorado Department of animal diseases; April 15, 1996, to April available to the public on June 7, 1996. Agriculture. 15, 1999. (Dave Deegan) Interested parties can now access the 2. Delaware Department of 2. United States Department of Executive Summary of the Plan or the Agriculture. Agriculture for the use of sodium entire Plan via the Internet on the ORD 3. Florida Department of Agriculture carbonate on aircraft surfaces to control Home Page (http://www.epa.gov/ORD). and Consumer Services. animal diseases; April 15, 1996, to April ADDRESSES: The document is available 4. Idaho Department of Agriculture. 15, 1999. (Dave Deegan) for inspection at the EPA Headquarters 5. Maine Department of Agriculture. 3. United States Department of Library, Waterside Mall, 401 M Street 6. Maryland Department of Agriculture for the use of sodium SW., Washington, DC. EPA Library Agriculture. carbonate on semen containers to hours are 10 a.m. to 2 p.m., Monday 31110 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices through Friday, excluding holidays. Under the terms of the Agreement, CR DATES: Written comments on this notice Interested parties can obtain a single Corporation, the prospective purchaser must be submitted on or before August copy of the Strategic Plan by contacting: of the Site, has agreed to operate and 19, 1996. ORD Publications Office, Technology maintain a pump and treatment system ADDRESSES: Comments should be Transfer Division, National Risk at the Site and to establish a trust fund submitted to Frances M. Hart, Executive Management Research Lab, U.S. for the performance of these operation Officer, Executive Secretariat, Equal Environmental Protection Agency, 26 and maintenance activities. This pump Employment Opportunity Commission, W. Martin Luther King Drive, and treatment system is designed to 10th Floor, 1801 L Street NW., Cincinnati, OH 45268; Telephone: (513– prevent contamination of the Washington, DC 20507. As a 569–7562) or facsimile: (513) 569–7566. groundwater and surface water at the convenience to commentators, the Please provide your name and mailing Site. In exchange for these Executive Secretariat will accept address, and request the document by commitments, the United States comments transmitted by facsimile the title and EPA Document No. (EPA– covenants not to sue CR Corporation for (‘‘FAX’’) machine. The telephone 600/R–96/059). A limited number of any and all civil liability for injunctive number of the FAX receiver is (202) paper copies will be available from this relief or reimbursement of response 663–4114. (This is not a toll-free source, and requests will be filled on a costs pursuant to Section 106 or 107(a) number.) Only comments of six or fewer first come-first served basis. After the of CERCLA with respect to the existing pages will be accepted via FAX supply is exhausted, copies of the contamination at the Site. transmittal. This limitation is necessary Strategic Plan can be purchased from DATE: The Environmental Protection to assure access to the equipment. the National Technical Information Agency will receive written comments Receipt of FAX transmittals will not be Service (NTIS) by calling (703) 487– relating to this settlement until July 19, acknowledged, except that the sender 4650 or sending a facsimile to (703) 1996. may request confirmation of receipt by 321–8547. The NTIS order number for ADDRESS: Comments should be calling the Executive Secretariat staff at the Strategic Plan is (PB96–175385.) addressed to the Docket Clerk, Mail (202) 663–4078 (voice) or (202) 663– FOR FURTHER INFORMATION CONTACT: Code MFA–10J, U.S. Environmental 4074 (TDD). (These are not toll-free Sherry Hawkins, Office of Research and Protection Agency, Region 5, 77 West telephone number.) Copies of comments Science Integration, (8104), U.S. Jackson Boulevard, Chicago, Illinois, submitted by the public will be Environmental Protection Agency, 60604–3590, and should refer to the available for review at the Commission’s Washington, D.C. 20460. Telephone Indiana Woodtreating Corporation library, Room 6502, 1801 L Street NW., (202) 260–5593; Facsimile (202–260– Superfund Site, Bloomington, Indiana. Washington, DC 20507 between the 0106.) FOR FURTHER INFORMATION: A copy of the hours of 9:30 a.m. and 5:00 p.m. Dated: June 13, 1996. settlement agreement and additional FOR FURTHER INFORMATION CONTACT: Dorothy E. Patton, background information relating to the Joachim Neckere, Director, Program Director, Office of Research and Science settlement are available for review and Research and Surveys Division, 1801 L Integration. may be obtained in person or by mail Street NW., Room 9222, Washington, [FR Doc. 96–15615 Filed 6–18–96; 8:45 am] from Richard M. Murawski, (312) 886– DC 20507, (202) 663–4958 (voice) or BILLING CODE 6560±50±P 6721, Assistant Regional Counsel (C– (202) 663–7063 (TDD). 29A), 77 West Jackson Boulevard, SUPPLEMENTARY INFORMATION: Chicago, Illinois 60604–3590. [FRL±5511±1] Collection Title: Equal Employment Authority: The Comprehensive Opportunity Employer Information Notice of Proposed Prospective Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Report EEO–1. Purchaser Agreement Pursuant to the Form Number: Standard Form 100. Comprehensive Environmental Sections 9601–9675. David A. Ullrich, Frequency of Report: Annually. Response, Compensation and Liability Type of Respondent: Private Acting Regional Administrator. Act, as Amended by the Superfund employers with 100 or more employees Amendments and Reauthorization Act; [FR Doc. 96–15620 Filed 6–18–96; 8:45 am] and certain federal government in Re Indiana Woodtreating BILLING CODE 6560±50±P contractors and first-tier subcontractors Corporation Superfund Site, with 50 or more employees. Bloomington, IN Standard Industrial Classification EQUAL EMPLOYMENT OPPORTUNITY AGENCY: Environmental Protection (SIC) Code: Multiple. COMMISSION Agency. Description of Affected Public: IND/ HHID and Farms and Businesses/INST. ACTION: Notice; request for public Agency Information Collection Responses: 126,700. comment. Activities: Proposed Collection; Reporting Hours: 463,700. Comments Request SUMMARY: In accordance with the Federal Cost: $809,000.00. Comprehensive Environmental AGENCY: Equal Employment Number of Forms: 1. Response, Compensation and Liability Opportunity Commission. Abstract: Section 709(c) of Title VII of Act of 1980 (‘‘CERCLA’’), as amended, ACTION: Extension Request—No Change. the Civil Rights Act of 1964, as notice is hereby given that a proposed amended, 42 U.S.C. 2000e–8(c), requires prospective purchaser agreement SUMMARY: In accordance with the employers to make and keep records concerning the Indiana Woodtreating Paperwork Reduction Act of 1995, the relevant to a determination of whether Corporation Superfund Site (‘‘the Site’’) Equal Employment Opportunity unlawful employment practices have was issued by the Agency on March 19, Commission (EEOC) announces that it been or are being committed and to 1996. Subject to review by the public intends to submit to the Office of make reports therefrom as required by pursuant to this Notice, the agreement Management and Budget (OMB) a the EEOC. Pursuant to Title 29, Chapter was approved by the United States request for an extension of the existing XIV, Subpart B, § 1602.7, employers in Department of Justice on April 17, 1996. collection as listed below. the private sector with 100 or more Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31111 employees and some federal contractors for failing to comply with a collection passed inspection. This information with 50 or more employees are required of information subject to the Paperwork collection will require entities to file a to submit EEO–1 reports annually. The Reduction Act (PRA) that does not statement with their local FCC field EEO–1 data collection program has display a valid control number. office, by regular or electronic mail, that existed since 1966. The individual Comments are requested concerning (a) a given station within the field office’s reports are confidential. whether the proposed collection of geographic district has passed an ABIP EEO–1 data are used by the EEOC to information is necessary for the proper inspection. The Commission will use investigate charges of employment performance of the functions of the the information to determine which discrimination against employers in Commission, including whether the stations are exempted for a two or three private industry and to provide information shall have practical utility; year period from random inspections information on the employment status (b) the accuracy of the Commissions conducted by the local FCC field office. of minorities and women. The data are burden estimates; (c) ways to enhance OMB Number: 3060-0214. shared with the Office of Federal the quality, utility, and clarity of the Title: Section 73.3526 Local Public Contract Compliance Programs information collected and (d) ways to Inspection File of Commercial Stations. (OFCCP), U.S. Department of Labor, and minimize the burden of the collection of Form Number: None. several other federal agencies. Pursuant information on the respondents, Type of Review: Extension. to Section 709(d) of Title VII of the Civil including the use of automated Respondents: Business or other for- Rights Act of 1964, as amended, EEO– collection techniques or other forms of profit. 1 data are also shared with 86 State and information technology. Number of Respondents: 10,215 local Fair Employment Practices DATES: Written comments should be commecial radio licensees Agencies (FEPAs). submitted on or before [insert date 30 recordkeepers; 1,181 commercial TV Burden Statement: The estimated days after date of publication in the licensees recordkeepers; 1,181 number of respondents included in the Federal Register]. If you anticipate that commercial TV stations making must- annual EEO–1 survey is 45,000 private you will be submitting comments, but carry/retransmission consent elections. employers. The estimated number of find it difficult to do so within the Estimated time per response: 104 responses per respondent is between 2 period of time allowed by this notice, hours per year for radio recordkeeping; and 3 EEO–1 reports. The annual you should advise the contact listed 130 hours per year for TV number of responses is approximately below as soon as possible. recordkeeping; 5 hours per election 126,700, and the total hours of annual ADDRESS: Direct all comments to statement to 1 hour for 50 cable systems burden is 463,700. The estimated total per TV market. annual response hours is substantially Dorothy Conway, Federal Communications, Room 234, 1919 M Total annual burden hours: 2,101,640 reduced from that reported in the most hours. previous EEO–1 OMB Clearance St., NW., Washington, DC 20554 or via internet to [email protected] and Needs and Uses: Section 73.3526 Package. The reduction of 64,800 annual requires that each licensee/permittee of burden hours is directly linked to the Timothy Fain, OMB Desk Officer, 10236 NEOB 725 17th Street, NW., a commercial broadcast station maintain ever increasing number of employers a file for public inspection. The contents who choose to submit computer Washington, DC 20503 or [email protected]. of the file vary according to type of generated reports. service and status. The contents FOR FURTHER INFORMATION CONTACT: For Dated: June 13, 1996. include, but are not limited to, copies of additional information or copies of the For the Commission. certain applications tendered for filing, information collections contact Dorothy a statement concerning petitions to deny Maria Borrero, Conway at 202–418–0217 or via internet Executive Director. filed against such applications, copies of at [email protected]. ownership reports and annual [FR Doc. 96–15588 Filed 6–18–96; 8:45 am] SUPPLEMENTARY INFORMATION: employment reports, statements BILLING CODE 6750±01±M OMB Approval Number: New certifying compliance with filing Collection. announcements in connection with Title: Alternative Broadcast renewal applications, letters received FEDERAL COMMUNICATIONS Inspection Program. from members of the public, etc. The COMMISSION Form Number: N/A. data are used by the public and FCC to Type of Review: New Collection. evaluate information about the Notice of Public Information Respondents: Businesses or other for- broadcast licensee’s performance, to Collections Submitted to OMB for profit; Not-for-profit institutions. ensure that broadcast stations are Review and Approval Number of Respondents: 50 addressing issues concerning the respodents performing 50 inspections community to which it is licensed to May 6, 1996. per year. The total annual responses is serve and to ensure that radio stations SUMMARY: The Federal Communications, 2,500. entering into time brokerage agreements as part of its continuing effort to reduce Estimated Time Per Response: 6 comply with Commission policies paperwork burden invites the general minutes per inspection. pertaining to licensee control and to the public and other Federal agencies to Total Annual Burden: 250 hours. Communications Act and the antitrust take this opportunity to comment on the Estimated Costs Per Response: laws. Broadcasters are required to send following proposed and/or continuing Estimated to be $.50 per notification for each cable operator in the station’s information collections, as required by mailing. market a copy of the election statement the Paperwork Reduction Act of 1995, Needs and Uses: The Commission is applicable to that particular cable Public Law 104–13. An agency may not establishing a voluntary ABIP where operator. Placing these retransmission conduct or sponsor a collection of entities that conduct the ABIP consent/must-carry elections in the information unless it displays a inspection (usually state broadcast public file provide public access to currently valid control number. No associations) will notify the documentation of station’s elections person shall be subject to any penalty Commission of the stations that have which are used by cable operators in 31112 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices negotiations with television stations and Paperwork Reduction Act of 1995, Pub. mechanism to hear and resolve by the public to ascertain why some L. 104–13. An agency may not conduct complaints concerning the rates, terms stations are/are not carried by the cable or sponsor and a person is not required and conditions for pole attachments. systems. to respond to a collection of information Section 1.1401–1.1415 contained in OMB Number: 3060-0543. unless it displays a currently valid Subpart J of part 1 were promulgated to Title: Section 21.913 Signal booster control number. For further information implement Section 224. See 47 CFR stations. contact Shoko B. Hair, Federal Sections 1.1401–1.1415. The Form Number: None. Communications Commission, (202) information is submitted primarily by Type of Review: Revision of an 418–1379. cable television operators in regards to complaints concerning the rates, terms existing collection. Federal Communications Commission Respondents: Business or other for- and conditions for pole attachments. profit. OMB Control No.: 3060–0536. The information will be used to either Number of Respondents: 600. Expiration Date: 06/30/99. determine the merits of the complaint Estimated time per response: 2.5 Title: Rules and Requirements for including calculating the maximum rate hours per certification. This includes Telecommunications Relay Services under the Commission’s formula. The 0.5 hours for the licensee to convey its (TRS) Interstate Cost Recovery. respondents affected are cable television desire to install a low power booster Form No.: FCC Form 431. operators and utility companies. Estimated Annual Burden: 15,593 station and 2 hours for a consulting total annual hours; 3.1 hours per Federal Communications Commission. engineer to prepare the certification. respondent (avg.); 5000 respondents. William F. Caton, Total annual burden: 300. Estimated Annual Reporting and Annual Cost Per Respondent: $250 Recordkeeping Cost Burden: $0. Acting Secretary. per certification. This estimates is the Description: Title IV of the Americans [FR Doc. 96–15473 Filed 6–18–96; 8:45 am] cost for the licensee consulting an with Disabilities Act, Pub. L. No. 101– BILLING CODE 6712±01±F engineer to prepare the certification. 336, Section 401, 104 Stat. 327, 366–69 Needs and Uses: On 6/9/93, OMB requires the Federal Communications approved the Amendment of Parts 1, 2 Commission (Commission) to ensure and 21 of the Commission’s Rules that telecommunications relay services Governing Use of the Frequencies in the FEDERAL EMERGENCY are available to persons with hearing MANAGEMENT AGENCY 2.1 amd 2.5 GHz Bands. That approval and speech disabilities in the United contained various rule parts contained States. Among other things, the Agency Information Collection in Parts 21 and 74 of the Commission’s Commission is required by 47 U.S.C. Rules. Since that time, all rule sections Activities: Submission for OMB Section 225(d)(3) to enact and oversee a Review; Comment Request incorporated into that approval have shared-funding mechanism (TRS Fund) been reapproved under different OMB for recovering the costs of providing ACTION: Notice and request for control numbers expect Section 21.913. interstate TRS. The Commission’s rules comments. Section 21.913(g) permits an MDS or require all carriers providing interstate ITFS licensee to install and commence telecommunications services to SUMMARY: The Federal Emergency operation of low power signal booster contribute to the TRS Fund on an stations without a formal application. Management Agency (FEMA) is annual basis. Contributions are the submitting a request for review and Licensees seeking to install a low power product of the carrier’s gross interstate signal booster station must, however, approval of an information collection in revenues for the previous year and a accordance with the emergency submit a certification demonstrating contribution factor determined annually compliance with the various processing procedures under OMB by the Commission. The collected regulation 5 CFR 1320.13. FEMA is components of Sections 21.913(g). This contributions are used to compensate certification must be submitted within requesting this information collection be TRS providers for the costs of providing approved for use through September 48 hours of installation of the booster interstate TRS service. FCC Form 431 is station. The data are used by FCC staff 1996. OMB clearance and approval is the form which carriers use to calculate requested by June 14, 1996. to verify that the licensee has complied and file their annual TRS Fund with guidelines to use the certification contributions. FCC Form 431 is being SUPPLEMENTARY INFORMATION: The process and that the booster would not updated to include the new expiration National Flood Insurance Reform Act of cause objectionable interference. date. 1994 (NFIRA), signed into law by the Federal Communications Commission. OMB Control No.: 3060–0392. President in September 1994, William F. Caton, Expiration Date: 05/31/99. established the Flood Insurance Acting Secretary. Title: Pole Attachment Complaint Interagency Task Force to carry out [FR Doc. 96–15474 Filed 6–18–96; 8:45 am] Procedures (Sections 1.1401–1.1415). certain specific duties. One major duty is to determine the reasonableness of BILLING CODE 6712±01±F Estimated Annual Burden: 42 total annual hours; 3 hours per respondent fees charged pursuant to section 102(h) (avg.); 14 respondents. of the Flood Disaster Protection Act of Public Information Collections Estimated Annual Reporting and 1973, for costs of determining whether Approved by Office of Management Recordkeeping Cost Burden: $0. the property securing a loan is located and Budget Description: Congress mandated in an area having special flood hazards; pursuant to 47 U.S.C. Section 224 that and whether the fees charged pursuant June 12, 1996. the FCC ensures that the rates, terms to such section by lenders and servicers The Federal Communications and conditions under which cable are greater than the amounts paid by Commission (FCC) has received Office television operators attach their such lenders and servicers to persons of Management and Budget (OMB) hardware to utility poles are just and actually conducting such approval for the following public reasonable. Section 224 also mandates determinations, and the extent to which information collections pursuant to the establishment of an appropriate the fees exceed such amounts. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31113

Collection of Information Estimated Time Per Response. 15 e.g., permitting electronic submission of Title. Flood Zone Determination Fee minutes. responses. Frequency: One-time. Survey. ADDRESSEE: Direct written comments to Type of Review. New collection. Estimated Cost to Respondents: $6.00 per respondent. Victoria Wassmer, FEMA Desk Officer, Abstract. The Flood Zone Office of Information and Regulatory Determination Fee Survey will be used COMMENTS: Written comments are Affairs, Office of Management and to obtain information from flood zone solicited to (a) evaluate whether the Budget, Washington, DC 20503. determination companies on fees proposed data collection is necessary for charged for flood hazard determinations the proper performance of the agency, FOR FURTHER INFORMATION CONTACT: For for properties located in special flood including whether the information shall additional information contact Muriel B. hazard areas. The information will be have practical utility; (b) evaluate the Anderson, FEMA Information used to determine whether the fees accuracy of the agency’s estimate of the Collections Officer, Federal Emergency charged are reasonable. burden of the proposed collection of Management Agency, 500 C Street, SW, Data collected from the flood zone information, including the validity of Washington, DC 20472. Telephone determination companies will be the methodology and assumptions used; number (202) 646–2625. FAX number reviewed, evaluated, and a report will (c) enhance the quality, utility, and (202) 646–3524. A copy of the proposed be submitted to Congress in October clarity of the information to be survey is attached. 1996 indicating findings and collected; and (d) minimize the burden Dated: June 6, 1996. recommendations. of the collection of information on those Reginald Trujillo, Affected Public. Business or other for who are to respond, including through Director, Program Services Division, profit. the use of appropriate automated, Operations Support Directorate. Number of Respondents. 100. electronic, mechanical, or other Estimated Total Annual Burden technological collection techniques or Attachment Hours. 25. other forms of information technology, BILLING CODE 6718±01±P 31114 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

[FR Doc. 96–15408 Filed 6–18–96; 8:45 am] BILLING CODE 6718±01±C Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31115

Agency Information Collection Type of Information Collection: a completed Notice of Interest in Activities: Submission for OMB Extension. Applying for Federal Disaster Review; Comment Request OMB Number: 3067–0033. Assistance, FEMA Form 90–49. Form Number: FEMA Form 90–49. Applicants use the form to list damages ACTION: Notice and request for Abstract: Section 406 of the Robert T. to property and facilities so that comments. Stafford Disaster Relief and Emergency inspections may be appropriately Assistance Act authorizes the President assigned for formal surveys. The form is to make contributions to State and local SUMMARY: The Federal Emergency signed by the applicant and submitted governments and private non-profit Management Agency has submitted the to the Governor’s Authorized organizations (PNP’s) for repair, Representative. The Private Non-Profit following proposed collection of restoration, reconstruction, or information to the Office of Checklist documents the applicant’s replacement of a public or private non- private non-profit eligibility status and Management and Budget for review and profit facility damaged or destroyed by clearance in accordance with the facilitates the processing of the a major disaster and for associated applicant’s application for assistance. requirements of the Paperwork expenses incurred by the applicant. Reduction Act of 1995 (44 U.S.C. 3507). FEMA regulation 44 CFR section Affected Public: State, local or tribal Title: Notice of Interest/Private Non- 202.202(c) requires applicants applying governments. Profit Checklist. for Federal disaster assistance to submit Burden Estimates Per Response:

Total annual FEMA Form 90±49 No. of re- Hours per burden spondents response hours

Notice of Interest ...... 3,000 30 minutes 1,500 Private Non-Profit Checklist ...... 1,000 15 minutes 250

Estimated Total Annual Burden considered in acting on the notices are acquire First National Bank of Marin, Hours: 1,750. set forth in paragraph 7 of the Act (12 San Rafael, California. COMMENTS: Interested persons are U.S.C. 1817(j)(7)). Board of Governors of the Federal Reserve invited to submit written comments on The notices are available for System, June 13, 1996. the proposed information collection to immediate inspection at the Federal Jennifer J. Johnson, Victoria Wassmer, Desk Officer for the Reserve Bank indicated. Once the Deputy Secretary of the Board. Federal Emergency Management notices have been accepted for Agency, Office of Information and processing, they will also be available [FR Doc. 96–15521 Filed 6–18–96; 8:45 am] Regulatory Affairs, Office of for inspection at the offices of the Board BILLING CODE 6210±01±F Management and Budget, Washington, of Governors. Interested persons may DC 20503 within 30 days of the date of express their views in writing to the this notice. Reserve Bank indicated for that notice Formations of, Acquisitions by, and FOR FURTHER INFORMATION CONTACT: or to the offices of the Board of Mergers of Bank Holding Companies Requests for additional information or Governors. Comments must be received copies of the information collection not later than July 3, 1996. The companies listed in this notice have applied to the Board for approval, should be made to Muriel B. Anderson, A. Federal Reserve Bank of Kansas pursuant to the Bank Holding Company FEMA Information Collections Officer, City (John E. Yorke, Senior Vice Act of 1956 (12 U.S.C. 1841 et seq.) Federal Emergency Management President) 925 Grand Avenue, Kansas (BHC Act), Regulation Y (12 CFR part Agency, 500 C Street, SW, Rm. 311, City, Missouri 64198: Washington, DC 20472. Telephone 225), and all other applicable statutes 1. J.B. and Marjorie Burnham, number (202) 646–2625, FAX number and regulations to become a bank Fairport, Missouri; to acquire an (202) 646–3524. holding company and/or to acquire the additional 1.79 percent, for a total of assets or the ownership of, control of, or Dated: May 29, 1996. 10.68 percent, of the voting shares of the power to vote shares of a bank or Reginald Trujillo, Fairport Bancshares, Inc., Fairport, bank holding company and all of the Director, Program Services Division, Missouri, and thereby indirectly acquire banks and nonbanking companies Operations Support Directorate. Bank of Fairport, Fairport, Missouri. owned by the bank holding company, [FR Doc. 96–15409 Filed 6–18–96; 8:45 am] B. Federal Reserve Bank of San including the companies listed below. BILLING CODE 6718±01±P Francisco (Kenneth R. Binning, The applications listed below, as well Director, Bank Holding Company) 101 as other related filings required by the Market Street, San Francisco, California Board, are available for immediate FEDERAL RESERVE SYSTEM 94105: inspection at the Federal Reserve Bank Change in Bank Control Notices; 1. Miles Jeffrey and Paige Qvale, San indicated. Once the application has Acquisitions of Shares of Banks or Francisco, California; to acquire an been accepted for processing, it will also Bank Holding Companies additional 10.97 percent, for a total of be available for inspection at the offices 36.03 percent, and Bruce Hummond and of the Board of Governors. Interested The notificants listed below have Kathryn Qvale, San Francisco, persons may express their views in applied under the Change in Bank California, to acquire an additional writing on the standards enumerated in Control Act (12 U.S.C. 1817(j)) and § 10.98 percent, for a total of 33.85 the BHC Act (12 U.S.C. 1842(c)). If the 225.41 of the Board’s Regulation Y (12 percent, of the voting shares of Marin proposal also involves the acquisition of CFR 225.41) to acquire a bank or bank National Bancorp, San Rafael, a nonbanking company, the review also holding company. The factors that are California, and thereby indirectly includes whether the acquisition of the 31116 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices nonbanking company complies with the 1. Ouachita Bancshares Corp., or the offices of the Board of Governors standards in section 4 of the BHC Act, Monroe, Louisiana; to become a bank not later than July 3, 1996. including whether the acquisition of the holding company by acquiring 100 A. Federal Reserve Bank of New nonbanking company can ‘‘reasonably percent of the voting shares of Ouachita York (Christopher J. McCurdy, Senior be expected to produce benefits to the Independent Bank, Monroe, Louisiana, a Vice President) 33 Liberty Street, New public, such as greater convenience, de novo bank. York, New York 10045: increased competition, or gains in Board of Governors of the Federal Reserve 1. Bankers Trust New York efficiency, that outweigh possible System, June 13, 1996. Corporation, New York, New York; to adverse effects, such as undue Jennifer J. Johnson, acquire Wolfensohn & Co., Inc., New concentration of resources, decreased or Deputy Secretary of the Board. York, New York, and thereby indirectly unfair competition, conflicts of [FR Doc. 96–15522 Filed 6–18–96; 8:45 am] acquire Fuji-Wolfensohn International, interests, or unsound banking practices’’ BILLING CODE 6210±01±F New York, New York, and thereby (12 U.S.C. 1843). Any request for engage in providing financial advisory a hearing must be accompanied by a services to domestic and foreign statement of the reasons a written Notice of Proposals to Engage in industrial corporations and financial presentation would not suffice in lieu of Permissible Nonbanking Activities or institutions, pursuant to § 225.25(b)(4) a hearing, identifying specifically any to Acquire Companies that are of the Board’s Regulation Y. The questions of fact that are in dispute, Engaged in Permissible Nonbanking geographic scope of this activity is summarizing the evidence that would Activities worldwide. be presented at a hearing, and indicating B. Federal Reserve Bank of how the party commenting would be The companies listed in this notice Richmond (Lloyd W. Bostian, Jr., Senior aggrieved by approval of the proposal. have given notice under section 4 of the Vice President) 701 East Byrd Street, Unless otherwise noted, nonbanking Bank Holding Company Act (12 U.S.C. Richmond, Virginia 23261: activities will be conducted throughout 1843) (BHC Act) and Regulation the United States. Y, (12 CFR part 225) to engage de novo, 1. Southern National Corporation, Unless otherwise noted, comments or to acquire or control voting securities Winston-Salem, North Carolina; to regarding each of these applications or assets of a company that engages acquire Regional Acceptance must be received at the Reserve Bank either directly or through a subsidiary or Corporation, Greenville, North Carolina, indicated or the offices of the Board of other company, in a nonbanking activity and thereby engage in financing Governors not later than July 12, 1996. that is listed in § 225.25 of Regulation consumer purchases of late-model used A. Federal Reserve Bank of Atlanta Y (12 CFR 225.25) or that the Board has automobiles and other used motor (Zane R. Kelley, Vice President) 104 determined by Order to be closely vehicles and making direct loans to Marietta Street, N.W., Atlanta, Georgia related to banking and permissible for customers who typically have limited 30303: bank holding companies. Unless access to credit, and in offering otherwise noted, these activities will be insurance products to customers in 1. Meriwether Bank Shares, Inc., conducted throughout the United States. connection with its financing Greenville, Georgia; to become a bank Each notice is available for inspection operations, pursuant to §§ holding company by acquiring 100 at the Federal Reserve Bank indicated. 225.25(b)(1)(i), (b)(8)(i), and (b)(8)(ii) of percent of the voting shares of The Once the notice has been accepted for the Board’s Regulation Y. Greenville Banking Company, processing, it will also be available for Greenville, Georgia. C. Federal Reserve Bank of Chicago inspection at the offices of the Board of (James A. Bluemle, Vice President) 230 2. Mid State Banks, Inc., Cordele, Governors. Interested persons may Georgia; to acquire 100 percent of the South LaSalle Street, Chicago, Illinois express their views in writing on the 60690: voting shares of The First State Bank of question whether the proposal complies 1. Libertyville Bancorp, Inc., Lake Ocilla, Ocilla, Georgia. with the standards of section 4 of the Forest, Illinois, to engage de novo in B. Federal Reserve Bank of Kansas BHC Act, including whether making and servicing loans, pursuant to City (John E. Yorke, Senior Vice consummation of the proposal can § 225.25(b)(1) of the Board’s Regulation President) 925 Grand Avenue, Kansas ‘‘reasonably be expected to produce Y. City, Missouri 64198: benefits to the public, such as greater 1. CB Holding Company,, Edmond, convenience, increased competition, or Board of Governors of the Federal Reserve Oklahoma; to become a bank holding gains in efficiency, that outweigh System, June 13, 1996. company by acquiring 95.8 percent of possible adverse effects, such as undue Jennifer J. Johnson, the voting shares of P.N.B. Financial concentration of resources, decreased or Deputy Secretary of the Board. Corporation, Kingfisher, Oklahoma, and unfair competition, conflicts of [FR Doc. 96–15520 Filed 6–18–96; 8:45 am] thereby indirectly acquire Peoples interests, or unsound banking practices’’ BILLING CODE 6210±01±F National Bank of Kingfisher, Kingfisher, (12 U.S.C. 1843). Any request for a Oklahoma, and First Bank of Hennessey, hearing on this question must be Hennessey, Oklahoma. accompanied by a statement of the Sunshine Meeting Act In addition, Applicant also will reasons a written presentation would acquire 75 percent of the voting shares not suffice in lieu of a hearing, AGENCY HOLDING THE MEETING: Board of of City National Bancshares of identifying specifically any questions of Governors of the Federal Reserve Weatherford, Inc., Weatherford, fact that are in dispute, summarizing the System. Oklahoma, and thereby indirectly evidence that would be presented at a TIME AND DATE: 11:00 a.m., Monday, June acquire City Bank, Weatherford, hearing, and indicating how the party 24, 1996. Oklahoma. commenting would be aggrieved by C. Federal Reserve Bank of Dallas approval of the proposal. PLACE: Marriner S. Eccles Federal (Genie D. Short, Vice President) 2200 Unless otherwise noted, comments Reserve Board Building, C Street North Pearl Street, Dallas, Texas 75201- regarding the applications must be entrance between 20th and 21st Streets, 2272: received at the Reserve Bank indicated N.W., Washington, D.C. 20551. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31117

STATUS: Closed. al. The prohibited trade practices and/ [Dkt. C±2967] MATTERS TO BE CONSIDERED: or corrective actions are changed, in part, as indicated in the summary. California Medical Association; 1. Federal Reserve Bank and Branch Prohibited Trade Practices and director appointments. (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret Affirmative Corrective Actions 2. Personnel actions (appointments, or apply sec. 5, 38 Stat. 719, as amended; sec. promotions, assignments, reassignments, and 7, 38 Stat. 731, as amended; 15 U.S.C. 45, 18) AGENCY: Federal Trade Commission. salary actions) involving individual Federal Donald S. Clark, ACTION: Set Aside Order. Reserve System employees. Secretary. 3. Any items carried forward from a [FR Doc. 96–15483 Filed 6–18–96; 8:45 am] SUMMARY: This order reopens a 1979 previously announced meeting. consent order, which prohibited the BILLING CODE 6750±01±M CONTACT PERSON FOR MORE INFORMATION: medical association from participating Mr. Joseph R. Coyne, Assistant to the in the creation or dissemination of fee Board; (202) 452–3204. You may call [Dkt. C±3637] schedules relating to physician (202) 452–3207, beginning at compensation, and sets aside the BBDO Worldwide, Inc.; Prohibited approximately 5 p.m. two business days consent order pursuant to the Trade Practices, and Affirmative before this meeting, for a recorded Commission’s determination that the Corrective Actions announcement of bank and bank public interest requires reopening and holding company applications AGENCY: Federal Trade Commission. setting aside the order because the order scheduled for the meeting. ACTION: Consent Order. presents an obstacle to the respondent Dated: June 14, 1996. forming and operating a managed care SUMMARY: In settlement of alleged Jennifer J. Johnson, subsidiary. violations of federal law prohibiting Deputy Secretary of the Board. DATES: Consent order issued April 17, unfair or deceptive acts or practices and 1979. Set aside order issued October 27, [FR Doc. 96–15715 Filed 6–17–96; 8:45 am] unfair methods of competition, this 1995.1 BILLING CODE 6210±01±P consent order prohibits, among other FOR FURTHER INFORMATION CONTACT: things, a New York advertising firm Roberta Baruch, FTC/S–2115, from misrepresenting the amount of fat, Washington, D.C. 20580. (202) 326– FEDERAL TRADE COMMISSION calories, or cholesterol in any frozen 2861. [Dkt. C±3238] yogurt, any frozen sorbet, and most ice SUPPLEMENTARY INFORMATION: In the cream products. This action stems from Matter of California Medical American Stores Company, et al.; the firm’s role in developing certain Association. The prohibited trade Prohibited Trade Practices and advertisements for Haagen-Dazs frozen practices and/or corrective actions are Affirmative Corrective Actions yogurt products. removed as indicated. DATES: Complaint and Order issued AGENCY: (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets Federal Trade Commission January 24, 1996.1 ACTION: Modifying order or applies sec. 5, 38 Stat. 719, as amended; FOR FURTHER INFORMATION CONTACT: 15 U.S.C. 45) Anne Maher, FTC/S–4002, Washington, SUMMARY: This order reopens a 1988 D.C. 20580. (202) 326–2987. Donald S. Clark, consent order that required American Secretary. Stores to divest certain retail grocery SUPPLEMENTARY INFORMATION: On Friday, October 27, 1995, there was published [FR Doc. 96–15485 Filed 6–18–96; 8:45 am] stores in parts of California and Nevada BILLING CODE 6750±01±M and to obtain Commission approval in the Federal Register, 60 FR 55031, a before acquiring certain grocery stores. proposed consent agreement with This order modifies the consent order analysis In the Matter of BBDO [Docket No. C±3594] by deleting the prior-approval Worldwide, Inc., for the purpose of requirements in Paragraph VIII of the soliciting public comment. Interested Eli Lilly and Company, Inc.,; Prohibited consent order pursuant to the parties were given sixty (60) days in Trade Practices, and Affirmative Commission’s Prior Approval Policy— which to submit comments, suggestions Corrective Actions under which the Commission presumes or objections regarding the proposed form of the order. AGENCY: Federal Trade Commission. that the public interest requires ACTION: Consent order. reopening and setting aside the prior- No comments having been received, the Commission has ordered the approval provisions in outstanding SUMMARY: In settlement of alleged issuance of the complaint in the form merger orders, making them consistent violations of federal law prohibiting contemplated by the agreement, made with the policy—and by replacing that unfair or deceptive acts or practices and its jurisdictional findings and entered provision with a prior notification unfair methods of competition, this an order to cease and desist, as set forth provision. consent order requires, among other in the proposed consent agreement, in DATES: Consent order issued August 31, things, and Indiana producer of disposition of this proceeding. 1988. Modifying order issued December pharmaceutical products to: ensure that 1, 1995.1 (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets the acquired company, PCS Health FOR FURTHER INFORMATION CONTACT: or applies sec. 5, 38 Stat. 719, as amended; Systems (PCS), maintains an open Roberta Baruch, FTC/S–2115, 15 U.S.C. 45, 52) formulary; appoint an independent Washington, D.C. 20580. (202) 326– Donald S. Clark, Pharmacy and Therapeutics (P&T) 2861. Secretary. Committee of health care professionals SUPPLEMENTARY INFORMATION: In the [FR Doc. 96–15484 Filed 6–18–96; 8:45 am] to objectively evaluate drugs for Matter of American Stores Company, et BILLING CODE 6750±01±M 1 Copies of the Consent Order, Set Aside Order 1 Copies of the Modifying Order are available 1 Copies of the Complaint and the Decision and and Commissioner Starek’s statement are available from the Commission’s Public Reference Branch, Order are available from the Commission’s Public from the Commission’s Public Reference Branch, H–130, 6th Street and Pennsylvania Avenue, N.W., Reference Branch, H–130, 6th Street & Pennsylvania H–130, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580. Avenue, N.W., Washington, D.C. 20580. Washington, D.C. 20580. 31118 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices inclusion in the PCS open formulary; Food Service from selling certain FOR FURTHER INFORMATION CONTACT: and, ensure that PCS accepts all equipment through anyone other than Sondra Mills or Eric Bash, FTC/H–200, discounts, rebates or other concessions recognized dealers, and from selling Washington, D.C. 20580. (202) 326–2673 offered by Eli Lilly’s competitors for equipment directly to buyers—and sets or 326–2892. drugs that are accepted for listing on the aside the consent order, as to SUPPLEMENTARY INFORMATION: On open formulary, and to accurately respondent Food Service Equipment Tuesday, September 26, 1995, there was reflect such discounts in ranking the Distributors Association, pursuant to the published in the Federal Register, 60 FR drugs on the formulary. Pursuant to the Commission’s Sunset Policy Statement, 49605, a proposed consent agreement modification of the proposed consent under which the Commission presumes with analysis In the Matter of Genetus agreement, Eli Lilly would only need to that the public interest requires Alexandria, Inc., et al., for the purpose obtain prior approval for an exclusive terminating competition orders that are of soliciting public comment. Interested distribution agreement with McKesson more than 20 years old. parties were given sixty (60) days in Corporation. In addition, the consent DATES: Consent order issued October 15, which to submit comments, suggestions order prohibits PCS and Eli Lilly from 1941. Set aside order issued September or objections regarding the proposed sharing proprietary or other non-public 21, 1995.1 form of the order. information, such as price data, FOR FURTHER INFORMATION CONTACT: Comments were filed and considered obtained from Eli Lilly competitors Roberta Baruch, FTC/S–2115, by the Commission. The Commission whose drugs may be placed on a PCS Washington, D.C. 20580. (202) 326– has ordered the issuance of the formulary. 2861. complaint in the form contemplated by DATES: Complaint and Order issued July SUPPLEMENTARY INFORMATION: In the the agreement, made its jurisdictional 28, 1995.1 Matter of Food Service Equipment findings and entered an order to cease FOR FURTHER INFORMATION CONTACT: Industry Inc., et al. The prohibited trade and desist, as set forth in the proposed Michael McNeely, FTC/S–3231, practices and/or corrective actions are consent agreement, in disposition of this Washington, D.C. 20580 (202) 326–2904. removed as indicated. proceeding. SUPPLEMENTARY INFORMATION: On (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets Monday, November 28, 1994, there was or applies sec. 5, 38 Stat. 719, as amended; or applies sec. 5, 38 Stat. 719, as amended; published in the Federal Register, 59 FR 15 U.S.C. 45) 15 U.S.C. 45, 52) 60815, a proposed consent agreement Donald S. Clark, Donald S. Clark, with analysis In the Matter of Eli Lilly Secretary. Secretary. and Company, Inc., for the purpose of [FR Doc. 96–15487 Filed 6–18–96; 8:45 am] [FR Doc. 96–15488 Filed 6–18–96; 8:45 am] soliciting public comment. Interested parties were given sixty (60) days in BILLING CODE 6750±01±M BILLING CODE 6750±01±M which to submit comments, suggestions or objections regarding the proposed [Docket No. C±3639] form of the order. [Docket No. 5698] Comments were filed and considered Genetus Alexandria, Inc., et al.; by the Commission. The Commission Prohibited Trade Practices, and Harley-Davidson Motor Co.; Prohibited has ordered the issuance of the Affirmative Corrective Actions Trade Practices and Affirmative complaint in the form contemplated by Corrective Actions AGENCY: Federal Trade Commission. the agreement, made its jurisdictional AGENCY: Federal Trade Commission. findings and entered an order to cease ACTION: Consent order. ACTION: Set aside order. and desist, as modified, in disposition SUMMARY: In settlement of alleged of this proceeding. violations of federal law prohibiting SUMMARY: The Federal Trade (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret unfair or deceptive acts or practices and Commission has set aside a 1954 or apply sec. 5, 38 Stat. 719, as amended; sec. unfair methods of competition, this consent order with Harley-Davidson 7, 38 Stat. 731, as amended; 15 U.S.C. 45, 18) consent order prohibits, among other Motor Co. pursuant to the Commission’s Donald S. Clark, things, the Virginia-based corporations Sunset Policy, under which the Secretary. and their officers from misrepresenting Commission presumes, in the context of [FR Doc. 96–15486 Filed 6–18–96; 8:45 am] the nature of extent of a physician’s petitions to reopen and modify orders, BILLING CODE 6750±01±M participation in any treatment that the public interest requires procedure, the safety or efficacy of any terminating orders that have been in treatment procedure, and the extent to effect for more than 20 years. [Docket No. 4433] which a treatment is covered by a DATES: Consent order issued June 29, Food Service Equipment Industry Inc., patient’s medical insurance. The 1954. Set aside order issued July 11, et al.; Prohibited Trade Practices and consent order requires the respondents 1995. to pay $250,000 in consumer redress to Affirmative Corrective Actions FOR FURTHER INFORMATION CONTACT: the Commission. Daniel Ducore, FTC/S–2115, AGENCY: Federal Trade Commission. DATES: Complaint and Order issued Washington, DC 20580. (202) 326–2526. ACTION: Set aside order. February 12, 1996.1 SUPPLEMENTARY INFORMATION: In the Matter of Harley-Davidson Motor Co. SUMMARY: This order reopens a 1941 1 Copies of the Consent Order and Set Aside consent order—which prohibited the Order are available from the Commission’s Public The prohibited trade practices and/or Reference Branch, H–130, 6th Street and corrective actions are removed as 1 Copies of the Complaint, the Decision and Pennsylvania Avenue, N.W., Washington, D.C. indicated. 20580. Order, and statements from the Commission and (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret 1 Commissioner Azcuenaga are available from the Copies of the Complaint and Decision and Order or apply sec. 3, 38 Stat. 731; 15 U.S.C. 14) Commission’s Public Reference Branch, H–130, 6th are available from the Commission’s Public Street & Pennsylvania Avenue, N.W., Washington, Reference Branch, H–130, 6th Street & Pennsylvania In the matter of: Harley-Davidson Motor D.C. 20580. Avenue, N.W., Washington, D.C. 20580. Co., a corporation; Docket No. 5698 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31119

Order Reopening Proceeding and antitrust laws. Harley-Davidson’s has ordered the issuance of the Setting Aside Order conduct would also continue be subject complaint in the form contemplated by On February 8, 1995, Harley-Davidson to state motor vehicle dealer protection the agreement, made its jurisdictional Motor Company (‘‘Harley-Davidson’’), laws. findings and entered an order to cease the respondent subject to the order Accordingly, it is ordered that this and desist, as set forth in the proposed issued by the Commission on June 29, matter be, and it hereby is, reopened; consent agreement, in disposition of this It is further ordered that the 1954, in Docket No. 5698, In the Matter proceeding. Commission’s order in Docket No. 5698 of Harley-Davidson Co., 50 F.T.C. 1047 (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets be, and it hereby is, set aside, as of the (1954) (‘‘Order’’), filed a Petition to or applies sec. 5, 38 Stat. 719, as amended; effective date of this order. Reopen Proceedings and Set Aside 15 U.S.C. 45) Cease and Desist Order (‘‘Petition’’). By the Commission. Donald S. Clark, Among other things, Harley-Davidson Donald S. Clark, Secretary. requests that the Commission set aside Secretary. [FR Doc. 96–15490 Filed 6–18–96; 8:45 am] the order in this matter pursuant to [FR Doc. 96–15489 Filed 6–18–96; 8:45 am] BILLING CODE 6750±01±M Section 2.51 of the Commission’s Rules BILLING CODE 6750±01±M of Practice, 16 C.F.R. § 2.51, and the Statement of Policy With Respect to [Docket No. C±3618] [Docket No. C±3640] Duration of Competition Orders and Local Health System, Inc., et al.; Statement of Intention to Solicit Public Frank A. Latronica, Jr., et al.; Comment With Respect to Duration of Prohibited Trade Practices, and Prohibited Trade Practices, and Affirmative Corrective Actions Consumer Protection Orders, issued on Affirmative Corrective Actions July 22, 1994, and published at 59 Fed. AGENCY: Federal Trade Commission. Reg. 45,286–92 (Sept. 1, 1994) (‘‘Sunset AGENCY: Federal Trade Commission. ACTION: Consent order. Policy Statement’’). In the Petition, ACTION: Consent order. Harley-Davidson affirmatively states SUMMARY: SUMMARY: In settlement of alleged In settlement of alleged that it has not engaged in any conduct violations of federal law prohibiting violating the terms of the order. The violations of federal law prohibiting unfair or deceptive acts or practices and unfair or deceptive acts or practices and Petition was placed on the public unfair methods of competition, this record, and close to 200 comments were unfair methods of competition, this consent order requires, among other consent order, among other things, received.1 prohibits the merger of the two largest The Commission in its July 22, 1994, things, the distributor and the manufacturer of the Duram Emergency hospitals in St. Clair County, Michigan, Sunset Policy Statement said, in and requires the respondents, for three relevant part, that ‘‘effective Escape Mask to possess competent and reliable scientific evidence to years, to notify the Commission or immediately, the Commission will obtain Commission approval before presume, in the context of petitions to substantiate claims that their mask will absorb, filter out, or otherwise protect acquiring certain hospital assets in the reopen and modify existing orders, that Port of Huron area. the public interest requires setting aside the user from any hazardous gas or DATES: Complaint and Order issued orders in effect for more than twenty fumes associated with fires, and for October 3, 1995.1 years.’’ 2 The Commission’s order in claims that the mask is appropriate for Docket No. 5698 was issued on June 29, use in mines. In addition, the consent FOR FURTHER INFORMATION CONTACT: 1954, and has been in effect for over order requires the respondents to Phillip Broyles, Cleveland Regional twenty years. Consistent with the provide a disclosure statement on all Office. Federal Trade Commission, 668 Sunset Policy Statement, the package labels and inserts for the mask, Euclid Ave., Suite 520–A, Cleveland, presumption is that the order should be or any substantially similar product. OH 44114. (216) 522–4207. terminated. Nothing to overcome the DATES: Complaint and Order issued SUPPLEMENTARY INFORMATION: On presumption having been presented, the February 12, 1996.1 Thursday, August 3, 1995, there was Commission has determined to reopen FOR FURTHER INFORMATION CONTACT: published in the Federal Register, 60 FR the proceeding and set aside the order Alan E. Krause, Chicago Regional Office, 39747, a proposed consent agreement in Docket 5698. Federal Trade Commission, 55 East with analysis In the Matter of Local In light of some of the commenters’ Monroe Street, Suite 1437, Chicago, Health System, Inc., et al., for the belief that granting Harley-Davidson’s Illinois 60603. (312) 353–4441. purpose of soliciting public comment. Petition would be commensurate with SUPPLEMENTARY INFORMATION: On Interested parties were given sixty (60) allowing it to engage in conduct that Tuesday, June 6, 1995, there was days in which to submit comments, may violate the antitrust laws, and their published in the Federal Register, 60 FR suggestions or objections regarding the concern that Harley-Davidson may use 29850, a proposed consent agreement proposed form of the order. certain marketing practices to engage in with analysis In the Matter of Frank A. No comments having been received, unlawful conduct in the event the Latronica, Jr., et al., for the purpose of the Commission has ordered the Commission sets aside the order in soliciting public comment. Interested issuance of the complaint in the form Docket No. 5698, the Commission notes parties were given sixty (60) days in contemplated by the agreement, made that Harley-Davidson’s conduct would which to submit comments, suggestions its jurisdictional findings and entered continue to be subject to a case-by-case, or objections regarding the proposed an order to cease and desist, as set forth rule of reason analysis under the form of the order. in the proposed consent agreement, in Comments were filed and considered disposition of this proceeding. 1 To accommodate numerous requests to provide by the Commission. The Commission additional time to prepare and submit written 1 Copies of the Complaint, the Decision and comments concerning Harley-Davidson’s Petition, 1 Copies of the Complaint and the Decision and Order, and Commissioner Azcuenaga’s statement the Commission extended the initial public Order are available from the Commission’s Public are available from the Commission’s Public comment period in this matter by thirty days. Reference Branch, H–130, 6th Street & Pennsylvania Reference Branch, H–130, 6th Street & Pennsylvania 2 Sunset Policy Statement, (59 FR 45289). Avenue, N.W., Washington, D.C. 20580. Avenue, N.W., Washington, D.C. 20580. 31120 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets unfair or deceptive acts or practices and and Furr’s, Inc. would reduce or applies sec. 7, 38 Stat. 731, as amended; unfair methods of competition, this supermarket competition in 12 towns in 15 U.S.C. 18) consent order prohibits, among other New Mexico and western Texas, and Donald S. Clark, things, a California association from required prior Commission approval, for Secretary. carrying out, participating in, inducing ten years, before acquiring supermarket [FR Doc. 96–15491 Filed 6–18–96; 8:45 am] or assisting any boycott or concerted assets. This order modifies the consent BILLING CODE 6750±01±M refusal to deal with any newspaper, order by substituting for the prior- periodical, television or radio station, approval requirement a provision and requires the association to amend requiring Furr’s Supermarket to notify [Docket No. C±828] its by-laws to incorporate the stipulated the Commission at least 30 days before Papermakers Felt Association, et al.; prohibition, and to distribute the acquiring certain supermarkets in those Prohibited Trade Practices and amended by-laws and the final areas. Affirmative Corrective Actions Commission order to each of its DATES: Consent order issued March 17, members. 1988. Modifying order issued September AGENCY: Federal Trade Commission. DATES: Complaint and Order issued 5, 1995.1 ACTION: Set aside order. 1 December 13, 1995. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: SUMMARY: This order reopens a 1964 Ralph Stone, San Francisco Regional Elizabeth Piotrowski, FTC/S–2115, consent order—which prohibited Office, Federal Trade Commission, 901 Washington, D.C. 20580. (202) 326– Papermakers Felt Association and its Market St., Suite 570, San Francisco, 2623. members from combining or conspiring CA. 94103. (415) 356–5270. SUPPLEMENTARY INFORMATION: In the to fix prices or terms of sale, or to enter SUPPLEMENTARY INFORMATION: On Friday, Matter of Supermarket Development into specific other agreements to August 4, 1995, there was published in Corporation, et al. The prohibited trade restrain competition in the papermakers the Federal Register, 60 FR 39959, a practices and/or corrective actions as set felt industry—and sets aside the consent proposed consent agreement with forth at 53 FR 11247, are changed, in order pursuant to the Commission’s analysis In the Matter of Santa Clara part, as indicated in the summary. Sunset Policy Statement, under which County Motor Car Dealers Association, (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret the Commission presumes that the for the purpose of soliciting public or apply sec. 5, 38 Stat. 719, as amended; sec. public interest requires terminating comment. Interested parties were given 7, 38 Stat. 731, as amended; 15 U.S.C. 45, 18) competition orders that are more than sixty (60) days in which to submit Donald S. Clark, 20 years old. comments, suggestions or objections Secretary. DATES: Consent order issued September regarding the proposed form of the [FR Doc. 96–15494 Filed 6–18–96; 8:45 am] 9, 1964. Set aside order issued order. BILLING CODE 6750±01±M November 22, 1995.1 No comments having been received, FOR FURTHER INFORMATION CONTACT: the Commission has ordered the Daniel Ducore, FTC/S–2115, issuance of the complaint in the form [Docket No. C±3638] Washington, D.C. 20580. (202) 326– contemplated by the agreement, made 2526. its jurisdictional findings and entered The Upjohn Company, et al.; SUPPLEMENTARY INFORMATION: In the an order to cease and desist, as set forth Prohibited Trade Practices, and Matter of Papermakers Felt Association, in the proposed consent agreement, in Affirmative Corrective Actions et al. The prohibited trade practices disposition of this proceeding. and/or corrective actions are removed as (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets AGENCY: Federal Trade Commission. indicated. or applies sec. 5, 38 Stat. 719, as amended; ACTION: Consent order. (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets 15 U.S.C. 45) or applies sec. 5, 38 Stat. 719, as amended; Donald S. Clark, SUMMARY: In settlement of alleged 15 U.S.C. 45) Secretary. violations of federal law prohibiting Donald S. Clark, [FR Doc. 96–15493 Filed 6–18–96; 8:45 am] unfair or deceptive acts or practices and Secretary. BILLING CODE 6750±01±M unfair methods of competition, this [FR Doc. 96–15492 Filed 6–18–96; 8:45 am] consent order requires, among other things, the respondents to divest, within BILLING CODE 6750±01±M [Docket No. C±3224] 12 months, Pharmacia Aktiebolag’s 9– AC assets, an inhibitor drug for the [Docket No. C±3630] Supermarket Development treatment of colorectal cancer, to a Corporation, et. al.; Prohibited Trade Commission-approved acquirer. If the Santa Clara County Motor Car Dealers Practices and Affirmative Corrective transaction is not completed in the Association; Prohibited Trade Actions prescribed time, the Commission will be Practices, and Affirmative Corrective AGENCY: Federal Trade Commission. allowed to appoint a trustee. Actions ACTION: Modifying order. DATES: Complaint and Order issued AGENCY: Federal Trade Commission. February 8, 1996.2 SUMMARY: This order reopens a 1988 ACTION: Consent order. FOR FURTHER INFORMATION CONTACT: consent order that settled allegations that the acquisition of the El Paso SUMMARY: In settlement of alleged 1 Copies of the Modifying Order are available violations of federal law prohibiting Division of Safeway Stores, Inc., by from the Commission’s Public Reference Branch, Supermarket Development Corporation H–130, 6th Street and Pennsylvania Avenue, N.W., 1 Copies of the Consent Order and Set Aside Washington, D.C. 20580. 1 Order are available from the Commission’s Public Copies of the Complaint and the Decision and 2 Copies of the Complaint and the Decision and Reference Branch, H–130, 6th Street and Order are available from the Commission’s Public Order are available from the Commission’s Public Pennsylvania Avenue, N.W., Washington, D.C. Reference Branch, H–130, 6th Street & Pennsylvania 20580. Avenue, N.W., Washington, D.C. 20580. Reference Branch, H–130, 6th Street & Pennsylvania Avenue, N.W., Washington, D.C. 20580. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31121

Ann Malester, FTC/S–2308, DEPARTMENT OF HEALTH AND Availability of Funds Washington, D.C. 20580. (202) 326– HUMAN SERVICES Approximately $250,000 is available 2682. Centers for Disease Control and in FY 1996 to fund up to three awards. SUPPLEMENTARY INFORMATION: On Prevention It is expected that the average award Tuesday, November 7, 1995, there was will be $125,000, ranging from $80,000 published in the Federal Register, 60 FR [Announcement Number 663] to $250,000. 56153, a proposed consent agreement It is expected that the awards will Applied Research in Emerging with analysis In the Matter of The begin on or about September 30, 1996, InfectionsÐGenetics of Antimicrobial Upjohn Company, et al., for the purpose and will be made for a 12-month budget Resistance and Novel Methods for of soliciting public comment. period within a project period of up to Detection of Antiviral Resistance Interested parties were given sixty two years. Funding estimates may vary (60) days in which to submit comments, Introduction and are subject to change. Continuation suggestions or objections regarding the awards within an approved project The Centers for Disease Control and period will be made on the basis of proposed form of the order. Prevention (CDC) is implementing a satisfactory progress and availability of program for competitive cooperative No comments having been received, funds. the Commission has ordered the agreement and/or research project grant issuance of the complaint in the form applications to support applied research Purpose contemplated by the agreement, made on emerging infections. CDC announces The purpose of the emerging its jurisdictional findings and entered the availability of fiscal year (FY) 1996 infections extramural research program an order to divest, as set forth in the funds to provide assistance for a grant/ is to provide financial and technical proposed consent agreement, in cooperative agreement program to assistance for applied research projects disposition of this proceeding. conduct research on the genetic analysis on emerging infections in the United of antimicrobial resistance (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret States. As a component of the emerging determinants. infections extramural research program, or apply sec. 5, 38 Stat. 719, as amended; sec. The CDC is committed to achieving 7, 38 Stat. 731, as amended; 15 U.S.C. 45, 18) the purpose of this grant/cooperative the health promotion and disease agreement announcement is to provide Donald S. Clark, prevention objectives of Healthy People assistance for projects addressing the Secretary. 2000, a national activity to reduce following two focus areas: [FR Doc. 96–15495 Filed 6–18–96; 8:45 am] morbidity and mortality and improve BILLING CODE 6750±01±M the quality of life. This announcement 1. Mechanisms of Dissemination of is related to the priority area of Antimicrobial Resistance Genes Immunization and Infectious Diseases. The focus of the investigations should (For ordering a copy of Healthy People GENERAL ACCOUNTING OFFICE be the examination of the role of 2000, see the section WHERE TO OBTAIN plasmids, transposons, and integrons in ADDITIONAL INFORMATION.) Federal Accounting Standards antimicrobial resistance gene Advisory Board Authority dissemination, the natural variation of This program is authorized under the nucleotide sequences of resistance AGENCY: General Accounting Office. sections 301 and 317 of the Public genes, and the impact of those changes on the resistance phenotype mediated ACTION: Cancellation of meeting. Health Service Act, as amended (42 U.S.C. 241 and 247b). by the genes. This should include examination of the role of antimicrobial SUMMARY: Pursuant to section 10(a)(2) of Smoke-Free Workplace use in institutions and its effect on gene the Federal Advisory Committee Act The CDC strongly encourages all grant dissemination. Assistance under this (Pub. L. 92–463), as amended, notice is recipients to provide a smoke-free focus area will be provided for projects hereby given that the Federal workplace and to promote the nonuse of specifically addressing either of the Accounting Standards Advisory Board all tobacco products, and Public Law following: meeting previously scheduled for 103–227, the Pro-Children Act of 1994, a. Improving understanding of the Thursday, June 20, 1996, is hereby prohibits smoking in certain facilities mechanisms by which vancomycin cancelled. The next meeting will be that receive Federal funds in which resistance genes in enterococci or genes held on Thursday, July 25, 1996, for education, library, day care, health care, encoding extended-spectrum β- which due notice will be given. and early childhood development lactamases in Klebsiella pneumoniae are FOR FURTHER INFORMATION CONTACT: services are provided to children. spread in hospitals or other healthcare institutions (including nursing homes Ronald S. Young, Executive Staff Eligible Applicants and clinics) and become part of the Director, 750 First St., N.E., Room 1001, Applications may be submitted by endemic flora of the institution. Washington, D.C. 20002, or call (202) public and private, nonprofit and for- b. Improving understanding of the 512–7350. profit organizations and governments mechanisms by which macrolide Authority: Federal Advisory Committee and their agencies. Thus, universities, resistance genes (such as those encoding Act. Pub. L. No. 92–463, Section 10(a)(2), 86 colleges, research institutions, hospitals, erythromycin resistance) are acquired Stat. 770, 774 (1972) (current version at 5 other public and private organizations, and disseminated in Streptococcus U.S.C. app. section 10(a)(2) (1988); 41 CFR including State and local governments pneumoniae in communities. 101–6.1015 (1990). or their bona fide agents, federally 2. Antiviral Susceptibility Dated: June 14, 1996. recognized Indian tribal governments, Determination Methods: Development Ronald S. Young, Indian tribes or Indian tribal of improved methods for measuring the Executive Director. organizations, and small, minority- and/ susceptibility of herpes simplex virus [FR Doc. 96–15586 Filed 6–18–96; 8:45 am] or women-owned businesses are eligible (HSV) isolates to acyclovir. Current BILLING CODE 1610±01±M to apply. methods for measuring drug 31122 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices susceptibility of HSV isolates are labor- years and the diversity of strains present should include isolates from fresh intensive, expensive, and have not been in the institutions or communities clinical specimens that can be tested in standardized. These shortcomings stand would be determined. This would parallel with the plaque reduction or as impediments to surveillance for presumably involve microbiology dye uptake methods and for which acyclovir-resistant HSV or resistance in laboratories, infection control acyclovir resistance has previously been other viral pathogens. Specifically, practitioners (for health care documented. assistance will be provided for projects institutions), public health officials, and b. Devise a novel assay for focusing on development of assays epidemiologists. Additionally, determining the level of acyclovir based on novel methods or approaches collection of data regarding susceptibility of clinical HSV isolates: for measuring the susceptibility of HSV antimicrobial use (expressed as Defined Establish a quality control system to to acyclovir. Such assays should be Daily Doses per 1000 patient-days) by insure the reproducibility of the assay. capable of providing results comparable area of the institution (e.g., intensive A quality control strain of HSV should to current plaque reduction and dye- care unit or other inpatient ward) or in be designated as part of the testing uptake assays. communities would be useful. method and data showing its Applicants may submit separate c. Characterize the resistance effectiveness should be established. A applications for projects under one or determinants present by phenotypic and useful novel assay should be at least both focus areas. molecular methods: Obtain MICs to an equivalent in performance and (ideally) extended array of antimicrobial agents substantially less expensive than Program Requirements to classify the phenotype (e.g., current assays. The new method should Recipients may separately apply and teicoplanin to distinguish VanA from be adaptable to a high-throughput, semi- receive support for projects under one VanB). Determine strain types (when automated format. Establish criteria for or both of the two focus areas. In appropriate), the presence of plasmids designating HSV isolates as conducting activities to achieve the or other genetic elements, and the ‘‘susceptible’’ or ‘‘resistant’’ to purpose of this program, the recipient presence of resistance genes in the acyclovir. shall be responsible for the activities strains as identified by using DNA c. Evaluate the performance of the under A.1. or A.2. (depending upon probes or specific PCR, LCR, or other new assay in comparison with the which focus areas the recipient applies genetic assays. plaque reduction assay. To be useful for and receives support for) and CDC shall d. Monitor transmission and evaluate surveillance of resistance, any new be responsible for conducting activities data: Characterize the resistance genes assay should be substantially equivalent under B., below: present in the isolates, the modes of to those in current use (Am. J. Med. genetic exchange of the resistance 73:380–382,1982). A. Recipient Activities determinants among isolates in the 1. Mechanisms of Dissemination of institutions or communities, and B. CDC Activities Antimicrobial Resistance Genes determine whether changes in the DNA 1. Research Project Grants or amino acid sequences of the genes are a. Select study sites: Study sites may associated with broadening of the A research project grant is one in include (a) one or more hospitals or phenotype of the isolates carrying the which substantial programmatic related health care institutions known to genes. Consider the influence of involvement by CDC is not anticipated have endemic or emerging problems antimicrobial use on frequency and by the recipient during the project with antimicrobial-resistant organisms mode of gene transmission and on period. Applicants for grants must in which extensive monitoring of changes in the phenotype of the isolates. demonstrate an ability to conduct the antimicrobial-resistant strains has been Depending on the studies conducted, proposed research with minimal conducted or (b) communities with questions that could be addressed assistance, other than financial support, extensive active surveillance. include: (1) Is an initial period of from CDC. This would include b. Collect isolates with corresponding plasmid transfer among organisms possessing sufficient resources for epidemiologic and clinical data: Assure followed by dissemination of a clinical, laboratory, and data that the isolates are well characterized transposable element to multiple management services and a level of with respect to phenotype, genotype, plasmids in strains of enterococci scientific expertise to achieve the and mode of transmission from patient resulting in the vancomycin resistance objectives described in their research to patient. Collect bacterial strain typing phenotype being present in multiple proposal without substantial technical information such as that derived by strains of enterococci (as evidenced by assistance from CDC. pulsed-field gel electrophoresis (PFGE), widely divergent pulsed-field gel 2. Cooperative Agreements arbitrary primed polymerase chain electrophoresis types)? (2) Do changes reaction (PCR), restriction fragment in the sequence of vanB correlate with In a cooperative agreement, CDC will length polymorphism (RFLP), plasmid increased resistance to teicoplanin? (3) assist recipients in conducting the fingerprinting, serotyping, or other Do the mode of transfer and the proposed research. The application highly discriminatory strain typing phenotype vary by antimicrobial use should be presented in a manner that methods. Obtain antibiograms expressed patterns in the institution or in certain demonstrates the applicant’s ability to as minimal inhibitory concentrations wards of the institution? address the research problem in a (MICs) of common antibiotics. One e. Disseminate research findings: collaborative manner with CDC. In example of an appropriate approach to Disseminate research results by addition to the financial support collection of isolates and data would be appropriate methods such as provided, CDC will collaborate by (1) to assemble a series of isolates of publication in journals, presentation at providing technical assistance in the vancomycin-resistant enterococci (VRE) meetings and conferences, etc. design and conduct of the research; (2) from a single hospital with the performing selected laboratory tests as corresponding PFGE data documenting 2. Antiviral Susceptibility appropriate; (3) participate in data the routes of transmission of the isolates Determination Methods management, the analysis of research among patients in the institution. The a. Study isolates: Identify a source of data, and the interpretation and overall rates of infections over several HSV isolates for study. Ideally, this presentation of research findings; and Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31123

(4) providing biological materials (e.g., a. Extent to which applicant describes mutual benefits will be documented. strains) as necessary for studies, etc. adequate resources and facilities (both (see Other Requirements for additional technical and administrative) for information regarding this requirement C. Determination of Which Instrument conducting the project. (10 points) for research projects). (15 points) to Use b. Extent to which applicant c. Extent to which applicant describes Applicants must specify the type of documents that professional personnel adequate and appropriate collaboration award for which they are applying, involved in the project are qualified and with CDC and/or others during various either grant or cooperative agreement. have past experience and achievements phases of the project. (10 points) CDC will review the applications in in research related to that proposed as d. Extent to which applicant provides accordance with the Evaluation Criteria. evidenced by curriculum vitae, a detailed and adequate plan for Before issuing awards, CDC will inform publications, etc. (20 points) evaluating study results and for the proposed grantee whether a grant or c. Extent to which applicant includes evaluating progress toward achieving cooperative agreement is the letters of support from non-applicant project objectives. (5 points) appropriate instrument based upon the organizations, individuals, etc. Extent to 4. Budget (not scored): need for substantial CDC involvement in which the letters clearly indicate the Extent to which the proposed budget the project. author’s commitment to participate as is reasonable, clearly justifiable, and described in the operational plan. (10 consistent with the intended use of Notice of Intent To Apply points) grant/cooperative agreement funds. In order to assist CDC in planning for 3. Objectives and Technical Approach 5. Human Subjects (not scored): and executing the evaluation of (40 points total): If the proposed project involves applications submitted under this a. Extent to which applicant describes human subjects, whether or not exempt Program Announcement, all parties specific objectives of the proposed from the DHHS regulations, the extent intending to submit an application are project which are consistent with the to which adequate procedures are requested to inform CDC of their purpose and goals of this grant/ described for the protection of human intention to do so at their earliest cooperative agreement program and subjects. Note: Objective Review Group convenience prior to the application which are measurable and time-phased. (ORG) recommendations on the due date. Notification should include 1) (10 points) adequacy of protections include: (1) name and address of institution, 2) b. Extent to which applicant presents Protections appear adequate and there name, address, and phone number of a detailed operational plan for initiating are no comments to make or concerns to contact person, and 3) under which and conducting the project, which raise, or (2) protections appear adequate, focus area(s) application(s) will be clearly and appropriately addresses all but there are comments regarding the submitted. Notification should be Recipient Activities. Extent to which protocol, or (3) protections appear provided to Greg Jones, M.P.A., by applicant clearly identifies and inadequate and the ORG has concerns facsimile (404) 639–4195, E-mail describes appropriate study sites (per related to human subjects, or (4) [email protected] or postal mail Recipient Activities 1.a.) or HSV isolates disapproval of the application is at National Center for Infectious (per Recipient Activities 2.a.). Extent to recommended because the research Diseases, Centers for Disease Control which applicant clearly identifies risks are sufficiently serious. specific assigned responsibilities for all and Prevention, 1600 Clifton Road, NE., Executive Order 12372 Review Mailstop C–19, Atlanta, Georgia 30333. key professional personnel. Extent to which the plan clearly describes This program is not subject to Application Process applicant’s technical approach/methods Executive Order 12372, for conducting the proposed studies and Intergovernmental Review of Federal Applicants may apply for assistance Programs. for projects in one or both of the specific extent to which the plan is adequate to programmatic focus areas identified accomplish the objectives. Extent to Public Health System Reporting under Purpose and Program which applicant describes specific Requirements study protocols or plans for the Requirements above. If applying for This program is not subject to the assistance for more than one of the two development of study protocols that are appropriate for achieving project Public Health System Reporting focus areas, a separate and complete Requirements. application must be submitted for each objectives. If the proposed project involves project/focus area. Catalog of Federal Domestic Assistance human subjects, the degree to which the Number Evaluation Criteria applicant has met the CDC policy requirements regarding the inclusion of The Catalog of Federal Domestic Assistance The applications will be reviewed and Number is 93.283. women, ethnic, and racial groups in the evaluated according to the following proposed research. This includes: Other Requirements criteria: (1) The proposed plan for the 1. Background and Need (20 points): inclusion of both sexes and racial and Paperwork Reduction Act Extent to which applicant’s discussion ethnic minority populations for Projects that involve the collection of of the background for the proposed appropriate representation. information from ten or more project demonstrates a clear (2) The proposed justification when individuals and funded by the grant/ understanding of the purpose and representation is limited or absent. cooperative agreement will be subject to objectives of this grant/cooperative (3) A statement as to whether the review by the Office of Management and agreement program. Extent to which design of the study is adequate to Budget (OMB) under the Paperwork applicant illustrates and justifies the measure differences when warranted. Reduction Act. need for the proposed project that is (4) A statement as to whether the consistent with the purpose and plans for recruitment and outreach for Human Subjects objectives of this grant/cooperative study participants include the process If the proposed project involves agreement program. of establishing partnerships with research on human subjects, the 2. Capacity (40 points total): community(ies) and recognition of applicant must comply with the 31124 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

Department of Health and Human a. Received on or before the deadline homepage at http://www.cdc.gov or at Services Regulations (45 CFR Part 46) date; or the Government Printing Office regarding the protection of human b. Sent on or before the deadline date homepage (including free on-line access subjects. Assurance must be provided to and received in time for submission to to the Federal Register at http:// demonstrate that the project will be the objective review group. (Applicants www.access.gpo.gov). subject to initial and continuing review must request a legibly dated U.S. Postal Potential applicants may obtain a by an appropriate institutional review Service postmark or obtain a legibly copy of Healthy People 2000 (Full committee. In addition to other dated receipt from a commercial carrier Report, Stock No. 017–001–00474–0) or applicable committees, Indian Health or U.S. Postal Service. Private metered Healthy People 2000 (Summary Report, Service (IHS) institutional review postmarks shall not be acceptable as Stock No. 017–001–00473–1) referenced committees also must review the project proof of timely mailing.) in the Introduction through the if any component of IHS will be 2. Late Applications: Applications Superintendent of Documents, involved or will support the research. If which do not meet the criteria in 1.a. or Government Printing Office, any American Indian community is 1.b. above are considered late Washington, DC 20402–9325, telephone involved, its tribal government must applications. Late applications will not (202) 512–1800. also approve that portion of the project be considered in the current Dated: June 11, 1996. competition and will be returned to the applicable to it. The applicant will be Joseph R. Carter, applicant. responsible for providing evidence of Acting Associate Director for Management this assurance in accordance with the Where To Obtain Additional And Operations, Centers for Disease Control appropriate guidelines and form Information and Prevention (CDC). provided in the application kit. A complete program description and [FR Doc. 96–15558 Filed 6–18–96; 8:45 am] Women, Racial and Ethnic Minorities information on application procedures BILLING CODE 4163±18±P It is the policy of the Centers for are contained in the application Disease Control and Prevention (CDC) package. An application package and [Announcement Number 532A] and Agency for Toxic Substances and business management and technical Disease Registry (ATSDR) to ensure that assistance may be obtained from Marsha Cooperative Agreements for a National individuals of both sexes and the Driggans, Grants Management System of Integrated Activities To various racial and ethnic groups will be Specialist, Grants Management Branch, Prevent HIV Infection and Other included in CDC/ATSDR-supported Procurement and Grants Office, Centers Serious Health Problems Among research projects involving human for Disease Control and Prevention Students, Especially Postsecondary subjects, whenever feasible and (CDC), 255 East Paces Ferry Road, NE., Students and Those in High-Risk appropriate. Racial and ethnic groups Mailstop E–18, Room 300, Atlanta, Situations are those defined in OMB Directive No. Georgia 30305, telephone (404) 842– Introduction 15 and include American Indian, 6523, E-mail Alaskan Native, Asian, Pacific Islander, [email protected], facsimile The Centers for Disease Control and Black, and Hispanic. Applicants shall (404) 842–6513. Prevention (CDC) announces the ensure that women, racial and ethnic Programmatic technical assistance availability of fiscal year (FY) 1996 minority populations are appropriately may be obtained from Dr. Fred C. funds for cooperative agreements to represented in applications for research Tenover, Hospital Infections Program, establish a national system of integrated involving human subjects. Where clear National Center for Infectious Diseases, activities for preventing HIV infection and compelling rationale exists that Centers for Disease Control and and other serious health problems inclusion is inappropriate or not Prevention (CDC), 1600 Clifton Road, among the nation’s students, especially feasible, this situation must be NE., Mailstop G–08, Atlanta, Georgia postsecondary students and those in explained as part of the application. 30333, E-mail [email protected], high-risk situations. This program This policy does not apply to research telephone (404) 639–3246. announcement is an amendment to studies when the investigator cannot Please refer to Announcement Announcement Number 532 published control the race, ethnicity and/or sex Number 663 when requesting in the Federal Register on June 16, subjects. Further guidance to this policy information regarding this program. 1995, pages 31721 through 31724 [60 FR is contained in the Federal Register, Important Notice: Atlanta, Georgia, 31721]. (A cooperative agreement is a Vol. 60, No. 179, pages 47947–47951, will be the host of the 1996 Summer legal agreement in which CDC provides dated Friday, September 15, 1995. Olympics Games, July 19 through financial assistance and substantial August 4, 1996. As a result of this event, programmatic assistance to the recipient Application Submission and Deadline it is likely that the Procurement and during the project.) The original and two copies of each Grants Office (PGO), CDC, may The CDC is committed to application Form PHS–5161–1 (revised experience delays in the receipt of both implementing the recommendations 7/92, OMB Control Number 0937–0189) regular and overnight mail deliveries. outlined in the External Review of HIV must be submitted to Sharron P. Orum, Contacting PGO employees during this Prevention Strategies and the health Grants Management Officer, Grants time frame may also be hindered due to promotion and disease prevention Management Branch, Procurement and the possible telephone disruptions. To objectives of Healthy People 2000, a Grants Office, Centers for Disease the extent authorized, please consider national activity to reduce morbidity Control and Prevention (CDC), 255 East the use of voice mail, E-mail, and and mortality and improve the quality Paces Ferry Road, NE., Room 300, facsimile transmission to the maximum of life. This program announcement is Mailstop E–18, Atlanta, Georgia 30305, extent practicable. However, do not fax related to the priority areas of Health Attention: Marsha Driggans, on or before lengthy documents or grant Promotion and Preventive Services with August 5, 1996: applications. a particular focus on HIV Infection 1. Deadline: Applications shall be You may obtain this announcement Objective 18.11, to ‘‘Provide HIV considered as meeting the deadline if from one of two Internet sites on the education for students and staff in at they are either: actual publication date: CDC’s least 90% of colleges and universities’’; Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31125

Objective 8.5, ‘‘Increase to at least 50% 4. The organization must possess a Priority Two—Support Institution-Wide the proportion of postsecondary documented history of directly serving Health Promotion Programs institutions with institutionwide health postsecondary constituencies, To build the capacity of promotion programs for students, institutions, or programs through its postsecondary institutions across the faculty, and staff’’; Objective 8.4, offices at the national level for at least nation to implement comprehensive ‘‘Increase to at least 75 percent the 24 months prior to submission of the integrated strategies designed to prevent proportion of the Nation’s elementary application to CDC. HIV infection and other serious health and secondary schools that provide 5. Eligible applicants must have the problems as part of institution-wide planned and sequential kindergarten organizational capacity to help develop health promotion and disease through 12th grade quality school health an ongoing national system of integrated prevention programs for postsecondary education’’; and Objective 8.6, ‘‘Increase activities to prevent HIV infection and students, especially those in high-risk to at least 85 percent the proportion of other serious health problems among situations. workplaces with 50 or more employees students, especially postsecondary that offer health promotion activities for students and those in high-risk Priority Three—Support Preservice their employees, preferably as part of a situations. Education comprehensive employee health National organizations that received To provide technical assistance and promotion program.’’ The most recent funding for a priority area under training to personnel in postsecondary description of CDC efforts to prevent Program Announcement 532 in FY 1995 institutions across the nation about the HIV infection is included in Public are ineligible to apply for funding under skills that health, education, social Health Reports, including CDC efforts to this announcement. These organizations service, and other professionals need in prevent HIV infection among youth. (To include the American College Health order to help young people, including order a copy of the External Review of Association, Association of American students in grades K–12, postsecondary HIV Prevention Strategies, Healthy Colleges and Universities, American institutions, and those in high-risk People 2000, and Public Health Reports, Association of Community Colleges, and situations, avoid HIV infection and see the section on Reference Materials.) the American Association of Colleges other serious health problems. for Teacher Education. Funds must be used for categorical Authority activities to prevent HIV infection Smoke-Free Workplace This program is authorized under among youth. Activities can also be sections 311(c) [42 U.S.C. 243(c)], and CDC strongly encourages all grant included that support the integration of 317(k) [42 U.S.C. 247(k)] of the Public recipients to provide a smoke-free HIV activities as part of broader Health Service Act, as amended. workplace and to promote the nonuse of programs to improve the health of youth Regulations are set forth in 42 CFR Part all tobacco products, and Public Law (e.g., related STD and pregnancy 51b. 103–227, the Pro-Children Act of 1994, prevention programs; related alcohol prohibits smoking in certain facilities and other drug prevention programs; Eligible Applicants that receive Federal funds in which related institution-wide health To be considered eligible for this education, library, day care, health care, promotion programs for students, announcement, applicants must meet all and early childhood development faculty, and staff). These funds may not five of the criteria listed below. services are provided to children. be used to conduct research. Applicants must provide evidence of Availability of Funds Purpose eligibility in a cover letter to the Grants Approximately $1 million is available Management Officer. Please attach this The purpose of this program is to in FY 1996 to fund approximately 4 cover letter and any supportive support national organizations in awards. It is expected that the average documentation to your application. establishing an ongoing national system award will be $250,000, ranging from of integrated activities to prevent HIV 1. Eligible applicants must be a $200,000 to $300,000. It is expected that national organization whose focus is infection and other serious health awards will begin on or about problems among students, especially education, health, or social service that September 25, 1996, and will be made also is private, nonprofit, professional, postsecondary students and those in for a 12-month budget period within a high-risk situations. or voluntary. Postsecondary institutions project period of up to 4 years. Funding are not eligible to apply for funding estimates may vary and are subject to Program Requirements under this announcement. NOTE: change. Continuation awards for new In conducting activities to achieve the Public Law 104–65 dated December 19, budget periods will be based on purpose of this program, the recipient 1995, prohibits an organization satisfactory performance, receipt of an will be responsible for the activities described in section 501(c)(4) of IRS acceptable continuation application, under A. Recipient Activities, and CDC Code of 1986, that engages in lobbying and the availability of funds. will be responsible for the activities activities to influence the Federal Applicants may apply for funding to listed under B. CDC Activities. Government, from receiving Federal carry out activities in one or more of the funds. following priority areas: A. Recipient Activities 2. The grantee, as the direct and 1. Collaborate with constituents; other primary recipient of grant funds, must Priority One—Educate Policy and national organizations whose foci are perform a substantive role in carrying Decision-Makers postsecondary institutions; community out project activities and not merely To educate and encourage policy and planning groups; State and local serve as a conduit for an award to decision-making members of education, health, and social service another party or to provide funds to an postsecondary institutions across the agencies; and CDC to develop a national ineligible party. nation to support programs to prevent system to achieve the purpose of this 3. Eligible applicants must have HIV infection and other serious health program announcement. affiliate offices, organizations, or problems among students, especially 2. Establish and implement an constituencies in a minimum of 10 postsecondary students and those in operational plan that could include, but States and territories. high-risk situations. is not limited to: 31126 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

(a) Including as a priority within the evaluation; assessment of program (b) Are likely to reduce HIV infection organization, health promotion and objectives; and dissemination of and related health problems among disease prevention programs to reduce successful strategies, experiences, and students, especially postsecondary HIV risk behaviors of students, evaluation reports. students and those in high risk especially postsecondary students and 4. Plan meetings of national, State, situations. those in high-risk situations. and local education agencies and other (c) Achieve the stated objectives (b) Developing and promoting the appropriate agencies to address issues within the first budget period. implementation of State, and local and program activities related to 2. The extent to which the applicant policies designed to reduce the HIV risk improving the health of postsecondary includes a reasonable timeline for behaviors of students, especially students; and strengthening the capacity conducting proposed activities. postsecondary students and those in of education, health, and other relevant 3. The extent to which the applicant high-risk situations. agencies to prevent HIV infection and provides a brief description of the (c) Developing and promoting the other serious health problems among activities anticipated for years 2, 3, and implementation of activities designed to youth, especially those in high-risk 4 of the project. prevent HIV risk behaviors among situations. E. Project Management and Staffing (15 students, especially postsecondary 5. Assist in the evaluation of program Points) students and those in high-risk activities. situations. The extent to which the applicant (d) Educating and encouraging policy Review and Evaluation Criteria identifies staff and other agencies that and decision-making members of other Each application will be allocated a have the responsibility and authority to national organizations and their total of 100 points, and will be reviewed carry out each activity, including: constituents, to support HIV prevention and evaluated according to the 1. Organizational charts education programs for students, following criteria: demonstrating that the staff have the especially postsecondary students and authority needed to carry out those A. Background/Need (10 Points) those in high-risk situations. responsibilities. 3. Evaluate the project’s effectiveness The extent to which the applicant 2. Job descriptions and curricula vitae in achieving goals and objectives. justifies the need for the activities demonstrating that the staff have 4. Disseminate programmatic including: backgrounds that qualify them to fulfill information to other interested 1. Identifying target populations; the proposed responsibilities. recipients as well as CDC through 2. Identifying the barriers in reaching 3. Commitment of at least one full- appropriate methods that include: the target population; and time staff member to provide direction (a) Identifying and submitting 3. Identifying what might move HIV for the proposed activities. pertinent programmatic information for prevention efforts forward within the 4. Letters from collaborating incorporation into a computerized target population. organizations indicating their intent and database of health information and B. Capacity and Impact (30 Points) capacity to carry out their designated health promotion resources, such as the responsibilities. Combined Health Information Database The extent to which the applicant (CHID). demonstrates the capacity and ability to: F. Sharing Experiences and Resources (5 (b) Sharing information through 1. Develop and conduct the proposed Points) electronic bulletin boards, such as the activities; The extent to which the applicant Comprehensive Health Education 2. Involve postsecondary institutions indicates how it will share effective Network (CHEN). or programs; and, materials and activities. 5. Participate with CDC and other 3. Institutionalize activities that can appropriate agencies in planning and reduce HIV infection among students, G. Collaborating (5 Points) convening meetings that support the especially postsecondary students and The extent to which the applicant purpose of this program announcement. those students who may be in high-risk describes how it will collaborate with The budget request should include the situations. CDC and with other relevant agencies. cost of a five-day trip to Atlanta for two 4. Perform a substantive role in individuals to attend a CDC annual carrying out project activities and not H. Evaluation (10 Points) conference and a two-day trip to Atlanta merely serve as a conduit for an award The extent to which the applicant: for two individuals to attend an to another party or to provide funds to 1. Identifies how it will monitor additional meeting. an ineligible party. progress in meeting objectives. 2. Identifies how program C. Goals and Objectives (10 Points) B. CDC Activities effectiveness will be measured and 1. Provide and periodically update 1. Goals. The extent to which the presents a reasonable plan for obtaining information related to the purposes or applicant has submitted realistic goals data, reporting results, and using the activities of this program for the projected four-year project results for programmatic decisions. announcement. period. 2. Collaborate with national, State, 2. Objectives. The extent to which the I. Budget and Accompanying and local education and health agencies applicant has submitted specific, Justification (Not Scored) and other relevant organizations in measurable, and feasible objectives for The extent to which the applicant planning and conducting national the one-year budget period that directly provides a detailed and clear budget strategies designed to strengthen relate to the applicant’s goals. narrative consistent with the stated programs for preventing HIV infection objectives and planned activities of the D. Operational Plan (15 Points) and other serious health problems project. among youth. 1. The extent to which proposed 3. Provide substantial programmatic activities: Executive Order 12372 Review consultation and guidance related to (a) Involve the applicant’s This program is not subject to the program planning, implementation, and constituencies nation-wide. Executive Order 12372 review, Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31127

Intergovernmental Review of Federal commercial mail carrier or U.S. Postal to the Federal Register at http:// Programs. Service. Private metered postmarks shall www.access.gpo.gov). not be accepted as proof of timely Public Health Systems Reporting Reference Materials mailing. Requirements 2. Late Applications: Applications (1) Potential applicants may obtain a This program is not subject to the that do not meet the criteria in 1(a) or copy of Healthy People 2000 (Full Public Health Systems Reporting 1(b) above are considered late Report, Stock No. 017–001–00474–0), Requirements. applications. Late applications will not Healthy People 2000 (Summary Report, Stock No. 017–001–00473–1), and Catalog of Federal Domestic Assistance be considered in the current Adolescent Health (Volume 1, Stock No. Number competition and will be returned to the applicant. 052–00301234–1; Volume 2, Stock No. The Catalog of Federal Domestic 052–003–01235–9; Volume 3, Stock No. Assistance Number is 93.938. Where To Obtain Additional 052–003–01236–7), referenced in the Information Other Requirements Introduction, through the A complete program description, Superintendent of Documents, Paperwork Reduction Act information on application procedures, Government Printing Office, Projects that involve the collection of application package, and business Washington, DC 20402–9325, telephone information from 10 or more individuals management technical assistance may (202) 512–1800, facsimile (202) 512– and funded by the cooperative be obtained from Marsha Driggans, 2250. agreement will be subject to review and Grants Management Specialist, Grants (2) Potential applicants may obtain a approval by the Office of Management Management Branch, Procurement and copy of the External Review of HIV and Budget (OMB) under the Paperwork Grants Office, Centers for Disease Prevention Strategies, from the Centers Reduction Act. Control and Prevention (CDC), 255 East for Disease Control and Prevention, National Center for HIV, STD, and TB HIV/AIDS Requirements Paces Ferry Rd., NE., Room 300, Mailstop E18, Atlanta, GA, 30305; Prevention,(name of Center pending), Recipients must comply with the telephone (404) 842–6523, E-mail Division of HIV/AIDS Prevention, 1600 document entitled: ‘‘Interim Revision of [email protected], facsimile Clifton Rd., Mailstop D21, Atlanta, GA Requirements of the Content of AIDS- (404) 842–6513. 30333; telephone (404) 639–0900. Related Written Materials, Pictorials, Programmatic technical assistance (3) Potential applicants may obtain a Audiovisuals, Questionnaires, Survey may be obtained from Elizabeth copy of Public Health Reports, Volume Instruments, and Educational Sessions Majestic, Chief, Special Populations 106, Number 6, from the National AIDS in Centers for Disease Control and Program Section, Program Development Information Clearinghouse, P.O. Box Prevention Assistance Programs’’ (June and Services Branch, Division of 6003, Rockville, MD, 20850; telephone 15, 1992), a copy of which is included Adolescent and School Health, National (800) 458–5231, select option 2. (4) Potential applicants can obtain in the application kit. The names and Center for Chronic Disease Prevention additional information about HIV affiliations of the review panel members and Health Promotion, Centers for Prevention Community Planning must be listed on the Assurance of Disease Control and Prevention (CDC), Groups, by contacting Mary Compliance form CDC 0.1113, which is 4770 Buford Highway, NE., Mailstop Willingham, Centers for Disease Control also included in the application kit. In K31, Atlanta, GA 30341–3724, and Prevention, National Center for progress reports, the recipient must telephone (404) 488–5356, E-mail HIV, STD and TB Prevention (name of submit the program review panel’s [email protected], facsimile Center pending), Division of HIV/AIDS report indicating all materials have been (404) 488–5972. reviewed and approved. Prevention, 1600 Clifton Rd., Mailstop Please refer to Announcement 532A D21, Atlanta, GA 30333; telephone (404) Application Submission and Deadline when requesting information or 639–0965. The original and two copies of the submitting an application. (5) Potential applicants may obtain a application Form PHS–5161–1 (Revised Important Notice: Atlanta, Georgia, copy of The Second Annual National 7/92) (OMB Number 0937–0189) must will be the host of the 1996 Summer School Health Conference Proceedings, be submitted to Sharron P. Orum, Olympics Games, July 19 through from the Centers for Disease Control and Grants Management Officer, Grants August 4, 1996. As a result of this event, Prevention, National Center for Chronic Management Branch, Procurement and it is likely that the Procurement and Disease Prevention and Health Grants Office, Centers for Disease Grants Office (PGO), CDC, may Promotion, Division of Adolescent and Control and Prevention (CDC), 255 East experience delays in the receipt of both School Health, 1600 Clifton Rd., Paces Ferry Road, NE., Room 300, regular and overnight mail deliveries. Mailstop K31, Atlanta, GA 30333; Mailstop E18, Atlanta, GA 30305, Contacting PGO employees during this telephone (404) 488–5324. Attention: Marsha Driggans, on or before time frame may also be hindered due to August 9, 1996. Facsimile copies will the possible telephone disruptions. To Special Guidelines for Technical not be accepted. the extent authorized, please consider Assistance Workshop 1. Deadline: Applications shall be the use of voice mail, E-mail, and A one-day technical assistance considered as meeting the deadline if facsimile transmission to the maximum workshop will be held in Washington, they are either: extent practicable. However, do not fax DC, approximately two weeks after the (a) Received on or before the deadline lengthy documents or grant publication date in the Federal Register. date. or, applications. The purpose of this meeting is to help (b) Sent on or before the deadline date You may obtain this announcement potential applicants to: and received in time for submission to from one of two Internet sites on the 1. Understand the scope and intent of the independent review group. actual publication date: CDC’s Announcement 532A; and Applicants must request a legibly dated homepage at http://www.cdc.gov or at 2. Understand the Public Health U.S. Postal Service postmark or obtain the Government Printing Office Service grants policies, applications, a legibly dated receipt from a homepage (including free on-line access and review procedures. 31128 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

Attendance at this workshop is not Eligible Applicants studies that assess social, behavioral, mandatory. Applicants who are Applications may be submitted by programmatic, and policy outcomes of currently funded by CDC may not use public and private, nonprofit and for- specific innovative HIV prevention project funds to attend this workshop. profit organizations and governments interventions. These outcome Each potential applicant may send no and their agencies. Thus, universities, evaluations should assess prevention more than two representatives to this colleges, research institutes, hospitals, interventions that are innovative, have meeting. Please provide the names of other public and private organizations, new components or involve the the persons that are planning to attend State and local health departments or innovative application of interventions this meeting to Elizabeth Majestic, their bona fide agents or that are commonly employed (e.g. HIV Chief, Special Populations Section, instrumentalities, federally recognized counseling and testing) and have Division of Adolescent and School Indian tribal governments, Indian tribes potentially broad relevance to the field Health; telephone (404) 488–5356; no or Indian tribal organizations, and of HIV prevention. These evaluation later than July 2, 1996. small, minority- and/or women-owned studies will use methods common to rigorous outcome evaluation research Dated: June 11, 1996. businesses are eligible to apply. Note: Organizations described in section (e.g. comparison groups, individual Joseph R. Carter, baseline data, cohorts, cross-sectional Acting Associate Director for Management 501(c)(4) of the Internal Revenue Code of 1986 that engage in lobbying are not eligible surveys) within the limits of the funding and Operations, Centers for Disease Control to receive Federal grant/cooperative available and appropriately matched to and Prevention (CDC). agreement funds. the nature and size of the intervention. [FR Doc. 96–15556 Filed 6–18–96; 8:45 am] Availability of Funds This program is designed to provide BILLING CODE 4163±18±P evaluation resources to organizations Approximately $500,000 is available that might not otherwise have the in FY 1996 to fund approximately three resources to determine the effectiveness [Announcement 628] awards each evaluating a different of their programs. Funds are intended intervention strategy in a different high- solely to implement the evaluation and Outcome Evaluations of HIV/AIDS risk population. It is expected that the not to support the intervention itself. Prevention Interventions average award will be $150,000, ranging Interventions being evaluated should from $125,000 to $175,000. Awards are Introduction target high-risk populations (e.g. men expected to begin on or about who have sex with men, injection drug The Centers for Disease Control and September 30, 1996, and will be made users and their partners, youth in high Prevention (CDC) announces the for a 12-month budget period within a risk situations). availability of fiscal year (FY) 1996 project period of up to three years. Lastly, this program is to devise funds for a cooperative agreement Funding estimates may vary and are practical, yet reasonably rigorous, program to conduct outcome subject to change. outcome evaluation methods and Continuation awards within the evaluations of existing innovative designs that integrate both qualitative project period will be made on the basis interventions designed to reduce the and quantitative data, possibly from of satisfactory progress and the transmission of the human multiple sources, in the analysis and availability of funds. immunodeficiency virus (HIV). interpretation of the findings. CDC is committed to achieving the Definitions Program Requirements health promotion and disease For the purposes of this program, an prevention objectives of ‘‘Healthy Innovative HIV Prevention Intervention The application should demonstrate People 2000,’’ a national activity to is an HIV prevention strategy that has the applicant’s ability to design and reduce morbidity and mortality and not been extensively researched in the implement the evaluation, analyze the improve the quality of life. This context in which it is being applied or data, and disseminate the findings. In announcement is related to the priority one that represents a new approach to conducting activities to achieve the area of Human Immunodeficiency Virus the integration of known prevention purpose of this program, the recipient (HIV) Infection. (For ordering a copy of strategies. The terms Outcome will be responsible for the activities ‘‘Healthy People 2000,’’ see the section Evaluation and Effectiveness Study are under A. (Recipient Activities), and ‘‘Where To Obtain Additional used somewhat interchangeably and CDC will be responsible for the Information.’’) refer to the design and methods used to activities listed under B. (CDC Authority assess the short- or long-term effects that Activities). can be reasonably attributed to the A. Recipient Activities This program is authorized under intervention. Sections 301 and 317(k)(2), of the Public The term HIV Community Planning Recipients will be asked to attend Health Service Act (42 U.S.C. 241 and Priorities are priorities based upon the meetings in Atlanta approximately 247b(k)(2)) as amended. epidemiologic profile of HIV in a twice a year to brief CDC staff on the project and discuss key decisions. Smoke-Free Workplace community as determined by the Community Planning Group (CPG). For Additionally the recipient should CDC strongly encourages all example, if a CPG determined that there expect to host periodic (up to 4 per year) recipients to provide a smoke-free is a significant problem of HIV site visits by the CDC project officer. workplace and to promote the nonuse of intravenous drug (ID) use in the 1. Prepare a detailed evaluation all tobacco products, and Public Law community then the funding of HIV protocol, including a description of the 103–227, the Pro-Children Act of 1994, prevention strategy for ID use would be intervention and how it is innovative, prohibits smoking in certain facilities a priority for HIV community planning. the study research questions, proposed that receive Federal funds in which methods, including sampling, education, library, day care, health care, Purpose assessment, and analysis plans, draft and early childhood development The purpose of this program is to measurement instruments, and project services are provided to children. support intervention effectiveness timelines. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31129

2. Develop measures to evaluate the context in which it is being applied. The 5. Evidence of Collaboration and intervention. New instruments should extent to which the intervention has Capacity To Undertake the Evaluation be field-tested. broader significance or relevance for (20 Points) 3. Develop procedures to ensure HIV prevention. In determining confidentiality and informed consent significance, consideration will be given Quality of supporting evidence when appropriate and obtain IRB to the degree to which the selected (letters and memorandums of clearances as needed. intervention is based on behavioral or agreement) that the applicant has the 4. Recruit study subjects and social science theory, public health full support of all specified comparison groups according to the practice or program experience and the collaborators. The degree to which the evaluation design. relevant research literature, including a applicant has the scientific and 5. Conduct individual baseline and description of the social and contextual programmatic capacity and proven track repeat assessments according to the issues if relevant. Degree to which clear record in successfully designing, evaluation design. intervention goals and objectives are implementing and completing similar 6. Establish data management articulated. Degree to which the evaluations, either alone or in systems, analyze and interpret the data. behavioral or social interventions partnership with the proposed 7. Prepare a final report for CDC, complement other biomedical or collaborator. The degree to which the including submission of a cleaned data socioenvironmental interventions. The affected population seems to be set. degree to which the proposed activity is involved in planning the evaluation. (To 8. Prepare a paper that summarizes significant to HIV prevention. The obtain specific information on the the results and recommends future degree to which the intervention is community plan for your location, research and describes programmatic generalizable. please contact your local health implications. department.) 9. Present the findings locally. 2. Evidence That Target Population In addition, the degree to which the Collaborate with other recipients in Reflects HIV Community Planning applicant has met the CDC policy presenting the findings at national Priorities (10 Points) requirements regarding the inclusion of meetings. Degree to which the local, regional or women, ethnic, and racial groups in the State HIV prevention community plan, proposed research. This includes: B. CDC Activities especially the epidemiologic profile and a. The proposed plan for the inclusion 1. Assist the recipient in planning and behavioral data, were used in the of both sexes and racial and ethnic implementing the evaluation, including selection of the intervention. The degree minority populations for appropriate providing technical guidance in the to which the target population is representation. development of the study design, data described clearly and concisely. b. The appropriateness of the collection instruments, selection of Evidence that the intervention has proposed justification when comparison groups, outcome measures, access to sufficient numbers of the target representation is limited or absent. data collection protocols, and pretesting population to show intervention effects c. Whether the design of the study is of methods and instruments. is also important. adequate to measure differences when 2. Provide project oversight and 3. Soundness of the Evaluation Plan (30 warranted. technical assistance. 3. Assist in analyzing the data and Points) d. Whether the plans for recruitment interpreting the results. The extent to which the evaluation and outreach for study participants 4. Assist in presenting the findings. plan, including the stated research or include the process of establishing evaluation question, study design and partnerships with community(ies) and Evaluation Criteria methods, comparison groups, data recognition of mutual benefits. Before submitting an application, collection instruments and plans for 6. Budget (Not Scored) applicants will need to identify an analysis, are scientifically sound and innovative behavioral or social HIV capable of producing the intended The extent to which the budget is prevention intervention that is designed results. The degree to which the plan is reasonable, itemized, clearly justified, to reduce risk behaviors by high-risk clear, complete, and includes time- and consistent with intended use of persons or within high-risk related milestones that CDC and funds. communities. Communities may be recipients can use to gauge progress. Funding Preferences defined by geopolitical boundaries or by The degree to which plans for data relational affiliations (e.g., men who management, analysis, and All applicants are encouraged to have sex with men, African American interpretation are appropriate and provide evidence of support from their community, youth in high risk reflect the intention to collaborate with local health departments. Preference situations). CDC. Reasonableness of plans for will be given to applicants who Evaluation criteria are based upon the collecting and integrating qualitative collaborate with representatives of target responsiveness to, and the quality of, and quantitative data from multiple populations at highest risk for HIV specific information requested in the sources. infection and who are served by the ‘‘Application Content’’ section of the program being evaluated. Special 4. Adequacy of the Dissemination Plan program announcement included in the consideration will be given to (10 Points) application kit. applications to evaluate innovative Degree to which a dissemination plan interventions to integrate or link 1. Justification and Significance of the is articulated. Evidence that the multiple intervention components, for Intervention (30 Points) applicant is committed to disseminating example, provision of HIV counseling The degree to which the intervention findings locally and collaborating with and testing services by is innovative, i.e., new or represents a CDC in disseminating findings nongovernmental organizations (NGOs) new approach to the integration of nationally. The degree to which the that serve high-risk communities and known prevention strategies and has not applicant is committed to collaborating also provide innovative behavior-change yet been extensively evaluated in the with CDC in coauthoring papers. services. 31130 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

Executive Order 12372 Review items identified below to the head of the Women, Racial and Ethnic Minorities Applications are subject to appropriate State and/or local health It is the policy of the Centers for Intergovernmental Review of Federal agency(s) in the program area(s) that Disease Control and Prevention (CDC) Programs as governed by Executive may be impacted by the proposed and the Agency for Toxic Substances Order (E.O.) 12372. E.O. 12372 sets up project no later than the receipt date of and Disease Registry (ATSDR) to ensure a system for State and local government the Federal application. The appropriate that individuals of both sexes and the review of proposed Federal assistance State and/or local health agency is various racial and ethnic groups will be applications. Applicants (other than determined by the applicant. The included in CDC/ATSDR-supported federally recognized Indian tribal following information must be research projects involving human governments) should contact their State provided: subjects, whenever feasible and Single Point of Contact (SPOC) as early A. A copy of the face page of the appropriate. Racial and ethnic groups as possible to alert them to the application (SF 424). are those defined in OMB Directive No. B. A summary of the project that prospective applications and receive 15 and include American Indian, should be titled ‘‘Public Health System any necessary instructions on the State Alaskan Native, Asian, Pacific Islander, Impact Statement’’ (PHSIS), not exceed process. For proposed projects serving Black and Hispanic. Applicants shall one page, and include the following: more than one State, the applicant is ensure that racial and ethnic minority 1. A description of the population to populations are appropriately advised to contact the SPOC for each be served; affected State. A current list of SPOCs represented in applications for research 2. A summary of the services to be involving human subjects. Where clear is included in the application kit. If provided; and SPOCs have any State process and compelling rationale exist that 3. A description of the coordination inclusion is inappropriate or not recommendations on applications plans with the appropriate State and/or submitted to CDC, they should send feasible, this situation must be local health agencies. explained as part of the application. them to Van Malone, Grants If the State and/or local health official This policy does not apply to research Management Officer, Grants should desire a copy of the entire studies when the investigator cannot Management Branch, Procurement and application, it may be obtained from the Grants Office, Centers for Disease control the race, ethnicity and/or sex of Single Point of Contact (SPOC) or subjects. Further guidance to this policy Control and Prevention (CDC), 255 East directly from the applicant. Paces Ferry Road, NE., Room 300, is contained in the Federal Register, Mailstop E15, Atlanta, GA 30305, no Catalog of Federal Domestic Assistance Vol. 60, No. 179, pages 47947–47951, later than 30 days after the application Number dated Friday, September 15, 1995. deadline (the appropriation for this Application Submission and Deadline financial assistance program was The Catalog of Federal Domestic The original and two copies of the received late in the fiscal year and Assistance number is 93.941. application PHS Form 5161–1 (OMB would not allow for an application Other Requirements Number 0937–0189) must be submitted receipt date which would accommodate Paperwork Reduction Act to Van Malone, Grants Management the 60-day State recommendation Officer, Grants Management Branch, process period). The granting agency Projects that involve the collection of Procurement and Grants Office, Centers does not guarantee to ‘‘accommodate or information from 10 or more individuals for Disease Control and Prevention, 255 explain’’ for State process and funded by cooperative agreement East Paces Ferry Road, NE., Room 300, recommendations it receives after that will be subject to review by the Office Mailstop E–15, Atlanta, GA 30305, on or date. of Management and Budget (OMB) before August 5, 1996. Indian tribes are strongly encouraged under the Paperwork Reduction Act. 1. Deadline: Applications shall be to request tribal government review of Human Subjects considered as meeting the deadline if the proposed application. If tribal they are either: governments have any tribal process If the proposed project involves a. Received on or before the deadline; recommendations on applications research on human subjects, the or submitted to the CDC, they should applicant must comply with the b. Sent on or before the deadline date forward them to Van Malone, Grants Department of Health and Human and received in time for submission to Management Officer, Grants Services Regulations, 45 CFR Part 46, the objective review committee. Management Branch, Procurement and regarding the protection of human (Applicants must request a legibly dated Grants Office, Centers for Disease subjects. Assurance must be provided to U.S. Postal Service postmark or obtain Control and Prevention (CDC), 255 East demonstrate that the project will be a legibly dated receipt from a Paces Ferry Road, NE., Room 300, subject to initial and continuing review commercial carrier or the U.S. Postal Mailstop E15, Atlanta, GA 30305. This by an appropriate institutional review Service. Private metered postmarks will should be done no later than 30 days committee. In addition to other not be acceptable proof of timely after the application deadline date. The applicable committees, Indian Health mailing.) granting agency does not guarantee to Service (IHS) institutional review 2. Late Applications: Applications ‘‘accommodate or explain’’ for tribal committees also must review the project that do not meet the criteria in 1.a. or process recommendations it receives if any component of IHS will be 1.b. above are considered late after that date. involved or will support the research. If applications. Late applications will not any American Indian community is be considered in the current Public Health System Reporting involved, its tribal government must Requirements competition and will be returned to the also approve that portion of the project applicant. This program is subject to the Public applicable to it. The applicant will be Health System Reporting Requirements. responsible for providing assurance in Where To Obtain Additional Under these requirements, all accordance with the appropriate Information community-based nongovernmental guidelines and form provided in the To receive additional written applicants must prepare and submit the application kit. information call (404) 332–4561. You Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31131 will be asked to leave your name, [Announcement Number 639] estimates may vary and are subject to address, and telephone number and will change. Continuation awards within an need to refer to Announcement 628. Resident Postdoctoral Research approved project period will be made You will receive a complete program Associates Program in Microbiology on the basis of satisfactory progress and description, information on application Introduction availability of funds. procedures and application forms. If Purpose you have questions after reviewing the The Centers for Disease Control and contents of all the documents, business Prevention (CDC) announces the The purpose of this cooperative management technical assistance may availability of fiscal year (FY) 1996 agreement is to assist the recipient in be obtained from Adrienne Brown, funds to provide assistance for developing and conducting a Resident Grants Management Specialist, Grants developing and conducting a Resident Postdoctoral Research Associates Management Branch, Procurement and Postdoctoral Research Associates Program in Microbiology. The program Grants Office, Centers for Disease Program in Microbiology. emphasizes microbiology related to Control and Prevention (CDC), 255 East CDC is committed to achieving the infectious disease prevention and Paces Ferry Road, NE., Room 300, health promotion and disease control. Particular emphasis is given to Mailstop E–15, Atlanta, GA 30305, prevention objectives of Healthy People studies at the molecular level. Areas of telephone (404) 842–6634, 2000, a national activity to reduce investigation may include: viral and email:. morbidity and mortality and improve rickettsial infections, nosocomial Programmatic technical assistance be the quality of life. This announcement infections, acquired immunodeficiency obtained from Deborah L. Rugg, Ph.D., is related to the priority area of syndrome, vector-borne infectious Program Evaluation Branch, Division of Immunization and Infectious Diseases. diseases, respiratory and food-borne HIV/AIDS Prevention, National Center (For ordering a copy of Healthy People bacterial diseases, sexually transmitted for HIV, STD, and TB Prevention, 2000, see the section Where To Obtain diseases, parasitic diseases, and other Centers for Disease Control and Additional Information.) diseases or conditions relevant to the Prevention, 1600 Clifton Road, NE., Authority disciplines of bacteriology, virology, Mailstop E–59, Atlanta, GA 30333, parasitology, medical entomology, This program is authorized under telephone (404) 639–0952, FAX (404) mycology, immunology, and pathology. sections 301 [42 U.S.C. 241] and 317(k) 639–0923, e-mail: The recipient must be able to provide [42 U.S.C. 247b(k)] of the Public Health . support for postdoctoral scientists of Please refer to Announcement 628 Service Act, as amended. unusual ability and promise or proven when requesting information and Smoke-Free Workplace achievement by giving them an submitting an application. opportunity to conduct applied and CDC encourages all grant recipients to Potential applicants may obtain a operational research on significant provide a smoke-free workplace and to copy of ‘‘Healthy People 2000,’’ (Full public health problems identified with promote the non-use of all tobacco Report, Stock No. 017–001–00474–0) or these research interests. Associateships products. Public Law 103–227, the Pro- ‘‘Healthy People 2000,’’ (Summary should be for a two year period. Children Act of 1994, prohibits smoking Report, Stock No. 017–001–00473–1) in certain facilities that receive Federal Program Requirements referenced in the ‘‘Introduction,’’ funds in which education, library, day through the Superintendent of In conducting activities to achieve the care, health care, and early childhood Documents, Government Printing purpose of this program, the recipient development services are provided to Office, Washington, DC 20402–9325, shall be responsible for the activities children. telephone (202) 512–1800. under A., below, and CDC shall be Eligible Applicants responsible for conducting activities Internet Home Page under B., below: Assistance will be provided only to The announcement will be available A. Recipient Activities on one of two Internet sites on the public or nonprofit, private scientific publication date: CDC’s home page at organizations. Eligible applicants must 1. Develop and conduct a Resident , or at the be national in scope, devoted to Postdoctoral Research Associates Government Printing Office home page scientific pursuits in all areas of Program in Microbiology to support (including free access to the Federal microbiology that relate to infectious development of new approaches, Register) at . medical, environmental, animal infectious disease prevention and There may be delays in mail delivery virology, molecular microbiology, control. and difficulty in reaching the CDC immunology and medical technology, 2. Identify specific research Atlanta offices during the 1996 Summer and have experience in administering opportunities from descriptions Olympics. Therefore, CDC suggests postdoctoral training programs in provided by CDC. using Internet, following all instructions medical microbiology and public health 3. Establish program policies/ in this announcement and leaving microbiology which are designed to procedures for application and selection messages on the contact person’s voice assist associates conducting (e.g., establish applicant eligibility mail for more timely responses to any microbiologic research to solve medical criteria). 4. Develop announcements/ questions. and public health problems. advertisements and an application Dated: June 11, 1996. Availability of Funds package describing the program, listing Joseph R. Carter, Approximately $800,000 is available research opportunities, and providing Acting Associate Director for Management in FY1996 to fund one award. It is application instructions. Widely and Operations, Centers for Disease Control expected that the award will begin on or distribute the announcements and and Prevention (CDC). about September 30, 1996, and is made application package with the objective [FR Doc. 96–15560 Filed 6–18–96; 8:45 am] for a 12-month budget period within a of soliciting applications from qualified BILLING CODE 4163±18±P project period of up to 5 years. Funding individuals throughout the United 31132 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

States. Contribute to the racial and the applicant demonstrates it has protections appear inadequate and the gender diversity of the program by promoted the science of microbiology Objective Review Group (ORG) has assuring a wide distribution of the by conducting regular national meetings concerns related to human subjects; (4) materials among eligible women and and workshops devoted to current disapproval of the application is minority microbiologists. topics. (10 points) recommended because the research 5. Develop a competitive associate b. The extent to which the applicant risks are sufficiently serious and application review and approval demonstrates experience in protection against the risks are process. Based on the review process, microbiology education and training. inadequate as to make the entire select applicants to be awarded two year The extent to which the applicant application unacceptable. (not scored) associateships. demonstrates experience in conducting 6. Provide administrative support to postdoctoral programs similar to that Executive Order 12372 Review associates during their tenure, including proposed in this cooperative agreement Applications are not subject to review the payment of a stipend (consistent announcement. (30 points) as governed by Executive Order 12372, with PHS levels identified in the c. The extent to which the applicant ‘‘Intergovernmental Review of Federal application kit), enrollment in a health demonstrates it has adequate resources Programs.’’ and facilities (e.g., administrative and insurance plan, and reimbursement of Public Health System Reporting financial management operations, office expenses for professional travel. Requirements Administer the program such that functions, etc.) to conduct the proposed associates will not be employees of program. (5 points) This program is not subject to the either recipient organization or CDC. d. The extent to which applicant Public Health System Reporting 7. Establish associate publication/ documents (e.g., by curriculum vitae) Requirements. presentation policies which encourage that all key personnel have adequate Catalog of Federal Domestic Assistance the dissemination of associate research relevant experience to successfully Number results. develop and conduct the proposed 8. Develop a plan for monitoring and program. (10 points) The Catalog of Federal Domestic Assistance Number is 93.283. evaluating the progress of associates and 3. Operational Plan (35 Points Total) progress toward achieving goals of the Application Submission and Deadline program. a. Extent to which applicant presents a detailed and time-phased operational The original and two copies of the B. CDC Activities plan for developing and conducting the application PHS Form 5161–1 (OMB 1. Provide assistance in developing program. The extent to which the plan Number 0937–0189) must be submitted and conducting the Resident clearly and appropriately addresses all to Sharron Orum, Grants Management Postdoctoral Research Associates Recipient Activities. Extent to which Officer, Grants Management Branch, Program in Microbiology. applicant clearly identifies specific Procurement and Grants Office, Centers 2. Provide descriptions of assigned responsibilities of all key for Disease Control and Prevention microbiological research and areas of professional personnel. The extent to (CDC), 255 East Paces Ferry Road, NE., investigation that are appropriate for which applicant’s plan appears feasible Room 300, Mailstop E–09, Atlanta, potential associates. and likely to achieve program Georgia 30305, on or before August 5, 3. Provide a list of potential scientific objectives. (15 points) 1996. advisers for associates. b. The extent to which applicant 1. Deadline: Applications shall be 4. Assist in review of potential clearly describes collaboration with considered as meeting the deadline if research proposals and provide CDC that utilizes CDC’s unique they are either: comments and/or suggested changes in expertise in public health infectious (a) Received on or before the deadline the scope or method of the research. disease microbiology. (15 points) date; or 5. Review publications and c. The extent to which applicant (b) Sent on or before the deadline date presentations resulting from research describes in detail a plan for evaluating and received in time for submission to investigations conducted under the progress of individual associates and for the objective review group. (Applicants program. evaluating progress toward achieving must request a legibly dated U.S. Postal 6. Assist in the development of a plan overall program objectives. (5 points) Service postmark or obtain a legibly dated receipt from a commercial carrier for monitoring progress of the program 4. Budget and achieving program goals. or U.S. Postal Service. Private metered The extent to which the proposed postmarks shall not be acceptable as Evaluation Criteria budget is reasonable, clearly justifiable, proof of timely mailing.) The applications will be reviewed and and consistent with the intended use of 2. Late Applications: Applications evaluated based on the following cooperative agreement funds. (not which do not meet the criteria in 1.(a.) weighted criteria: scored) or 1.(b.) above are considered late applications. Late applications will not 5. Human Subject 1. Background (10 Points) be considered in the current The extent to which applicant Whether or not exempt from the competition and will be returned to the demonstrates a clear understanding of Department of Health and Human applicant. the background and objectives of this Services (DHHS) regulations, are Where To Obtain Additional cooperative agreement program. procedures adequate for the protection of human subjects? Recommendations Information 2. Capacity (55 Points Total) on the adequacy of protections include: A complete program description, a. The extent to which the applicant (1) Protections appear adequate and information on application procedures, demonstrates that the organization has a there are no comments to make or an application package business significant history of promoting the concerns to raise, or (2) protections management technical assistance may science of microbiology as it relates to appear adequate, but there are be obtained from Nealean K. Austin, infectious diseases. The extent to which comments regarding the protocol, or (3) Grants Management Specialist, Grants Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31133

Management Branch, Procurement and development of scientific understanding $420,000 with an average award of Grants Office, Centers for Disease of interventions and programs that are $400,000 for each 12-month budget Control and Prevention (CDC), 255 East effective in preventing violence-related period. Paces Ferry Road, NE., Room 300, injuries, disabilities, and deaths among It is expected that the new awards Mailstop E–09, Atlanta, Georgia 30305; adolescents and young adults will will begin on or about September 30, by telephone on (404) 842–6512; by fax extend and build upon the work begun 1996. Awards will be made for a 12- on (404) 842–6513; or by Internet or in the group of cooperative agreements month budget period within a 3-year CDC WONDER electronic mail at funded under CDC’s Program project period. Funding estimates may . Announcement No. 329, which began in vary and are subject to change. Programmatic technical assistance FY 1993. Continuation awards within the may be obtained from Joseph E. CDC is committed to achieving the project periods will be made on the McDade, Ph.D., Associate Director for health promotion and disease basis of satisfactory progress as Laboratory Science, National Center for prevention objectives described in evidenced by required reports and the Infectious Diseases, Centers for Disease ‘‘Healthy People 2000,’’ a national availability of funds. At the request of Control and Prevention (CDC), Atlanta, activity to reduce morbidity and the applicant, Federal personnel may be Georgia 30333; by telephone on (404) mortality and improve the quality of assigned to a project area in lieu of a 639–3967; by fax (404) 639–3039; by life. This announcement is related to the portion of the financial assistance. Internet or CDC WONDER electronic priority area of Violent and Abusive Purpose mail at . Behavior—(For ordering a copy of Please refer to Announcement ‘‘Healthy People 2000,’’ see the Section The purpose of this cooperative Number 639 when requesting ‘‘Where to Obtain Additional agreement program is to support the information regarding this program. Information’’). implementation and evaluation of Potential applicants may obtain a multifaceted interventions which are copy of Healthy People 2000 (Full Authority designed to prevent violence-related Report, Stock No. 017–001–00474–0) or This program announcement is injuries and demonstrate strong Healthy People 2000 (Summary Report, authorized under Sections 301, 317, and potential for broad-scale Stock No. 017–001–00473–1) referenced 391–394 (42 U.S.C. 241, 247b, and implementation in the Nation’s in the Introduction through the 280b–280b–3) of the Public Health communities. Applicants may propose Superintendent of Documents, Service Act as amended. to develop, implement, and evaluate Government Printing Office, interventions to prevent injuries due to Smoke-Free Workplace Washington, DC 20402–9325, telephone interpersonal youth violence in one, of (202) 512–1800. CDC strongly encourages all grant two main areas: There may be delays in mail delivery recipients to provide a smoke- free A. Creating Pro-Social Environments and difficulty in reaching the CDC workplace and promote the non-use of for Child Development—refers to efforts Atlanta offices during the 1996 Summer all tobacco products, and Public Law to encourage development of pro-social Olympics. Therefore, CDC suggests 103–227, the Pro-Children Act of 1994, behavior and attitudes among children using Internet, following all instructions prohibits smoking in certain facilities between 3 and 10 years of age by in this announcement and leaving that receive Federal funds in which modifying institutional environments in messages on the contact person’s voice education, library, day care, health care, communities exhibiting high rates of mail for more timely responses to any and early childhood development violent behavior (e.g., homicide rates). questions. services are provided to children. Numerous interventions have already been evaluated in schools, and, while Dated: June 11, 1996. Eligible Applicants school settings are appropriate, we Joseph R. Carter, Applications will be accepted from strongly encourage applications whose Acting Associate Director for Management public and private, non-profit and for- proposed interventions occur in other and Operations, Centers for Disease Control profit organizations and governments settings, such as; homes, churches, and Prevention (CDC). and their agencies. Thus, community- daycare, after school programs, and [FR Doc. 96–15557 Filed 6–18–96; 8:45 am] based organizations, other public and other community settings, or in some BILLING CODE 4163±18±P private organizations, State, territorial, combination of school and other and local governments or their bona fide settings. [Announcement 633] agents, federally recognized Indian Interventions proposed in this priority tribal governments, Indian tribes, or area must include significant Violence Prevention Programs; Notice Indian tribal organizations, hospitals, components in non-school settings, and of Availability of Funds for Fiscal Year churches, and small, minority- and/or must be directed toward strengthening 1996 women-owned businesses, universities, parent-child relationships and pro- colleges, and other research institutions, social family environments. Efforts to Introduction are eligible to apply. strengthen parent-child relationships The Centers for Disease Control and are one of the most challenging, and one Prevention (CDC), announces the Availability of Funds of the most promising areas for availability of fiscal year (FY) 1996 Approximately $1,600,000 is available preventing the development of violent funds for cooperative agreements for in FY 1996 to fund up to four projects behavior among youth. In particular, Violence Prevention Programs. These to develop, implement, and evaluate strategies that attempt to improve projects will develop, implement, and intervention programs designed to training in parenting skills and provide evaluate multifaceted violence prevent violent injury in one, or some support services to empower parents to prevention programs to reduce the combination, of the two priority areas, monitor and supervise their children incidence of injuries, disabilities, and Creating Pro-social Environments for more effectively are of interest. deaths due to interpersonal violence Child Development and Creating B. Creating Opportunity for Youth-at- among youth. The cooperative Opportunity for Youth-at-risk. Awards Risk—refers to efforts to create agreements which supported the are expected to range from $350,000 to economic opportunities for youth. 31134 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

Efforts to identify, recruit, and retain e. Description of how data will be projects, and with similar projects youth from high-risk environments and maintained (i.e., in what databases); funded by other agencies or private situations into programs designed to and, foundations. improve their life-choices and f. Description of statistical techniques 5. Provide up-to-date scientific opportunities and reduce their risk of that will be used to analyze the data. information about youth violence being victims or perpetrators of violence 3. Obtain the necessary clearances prevention. and agreements to proceed with all should also be incorporated. Youth in 6. Assist in the transfer of information aspects of the proposed violence high-risk environments include youth and methods developed in these prevention project. These shall include who are found: (1) in settings with projects to other prevention programs. limited opportunities to develop the appropriate human subjects clearances skills needed to participate adequately and agreements with other organizations Evaluation Criteria and individuals needed to complete the in societal institutions, and/or (2) in Applicants will be evaluated environments that are associated with project. 4. Identify or develop, and pilot test according to the following criteria elevated risk for becoming victims or (Maximum of 100 total points): perpetrators of violent behavior. data collection instruments. 5. Establish baseline rates for the A. Target Group In an effort to develop economic pertinent outcomes within the target opportunity for youth in high risk group. The extent to which the target group environments, applicants who propose 6. Monitor progress toward is described and access to the target interventions in this priority area must achievement of project goals through population is demonstrated. The extent develop collaborative relationships with use of realistic, measurable, time- to which the target group has a high business, corporate, or business alliance oriented objectives for all phases of the incidence or prevalence of the risk partners that will, at a minimum, project. factors to be influenced by the proposed provide assistance in development of 7. Implement the proposed intervention and the extent to which job training and placement components. intervention(s). appropriate demographic and morbidity Whenever possible, applicants are 8. Evaluate the impact of the data are described. The extent to which encouraged to utilize existing delivery intervention. youth, who are the direct or indirect systems rather than create new ones in 9. Collect and compile monitoring target group, have a high incidence of order to maximize acceptance of the and prevention effectiveness data in an interpersonal violence and violence- program by potential participants, ongoing fashion. Compile ‘‘lessons related injuries, disabilities, and deaths. increase the likelihood that the learned’’ from the project. (13 points) intervention will be continued after 10. Establish an advisory structure to The extent to which the applicant research has been completed, and address issues related to violence to demonstrates a capability to achieve a ensure community input, and to expedite the evaluation. sufficient level of participation by the generate community support. This target group in order to evaluate the Program Requirements advisory structure must include intervention in an unbiased fashion. Successful completion of the project individuals, or representatives of agencies or organizations with In addition, the degree to which the will require a close working relationship applicant has met the CDC policy between the recipient and CDC. experience, expertise and interest in preventing violence. Additionally, the requirements regarding the inclusion of Recipient and CDC activities are listed women, ethnic, and racial groups in the below: advisory structure must include individuals who represent the target proposed research. This includes: A. Recipient Activities population. a. The proposed plan for the inclusion 11. Develop collaborative of both sexes and racial and ethnic In conducting activities to achieve the relationships with voluntary, minority populations for appropriate purpose of this program, the recipient community-based public and private representation. will: organizations and agencies already b. The appropriateness of the 1. Collect, compile, and analyze involved in preventing violence. proposed justification when information relevant to the proposed representation is limited or absent. project. B. CDC Activities c. Whether the design of the study is 2. Develop a final written scientific As required for the proper direction of adequate to measure differences when protocol for a comprehensive evaluation these cooperative agreements, CDC will: warranted. of the specific intervention(s) through 1. Provide technical consultation on d. Whether the plans for recruitment consultation with CDC staff. This implementing the intervention, and outreach for study participants protocol will contain the following determining the impact of the include the process of establishing elements: evaluation, and designing the scientific protocols. partnerships with community(ies) and a. Statement of the questions to be recognition of mutual benefits. answered (hypotheses to be tested); 2. Collaborate in the design of all phases of the project, consult with the b. Description of the intervention to B. Goals and Objectives applicant on data collection instruments be evaluated; and procedures, on the choice and The extent to which the proposed c. Data collected and analyzed to timing of the intervention, and on goals and objectives are clearly stated, assess intervention implementation training needs and composition of the time-phased, and measurable. The (monitoring), outcome (impact), and implementation team. extent to which they encompass cost, including data used to monitor and 3. Monitor intervention monitoring both process and outcome manage the intervention; implementation, and the collection and features of the intervention. The extent d. Description of data collection analysis of process and impact to which specific questions to be methods (both scientific and assessment (outcome) data. answered about the effectiveness and operational) for monitoring, impact 4. Facilitate information sharing replicability of the intervention are assessment, and cost data; among DVP/NCIPC’s various evaluation described. (12 points) Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31135

C. Intervention Description working partner demonstrates the Order (E.O.) 12372. E.O. 12372 sets up The extent to which the potential capacity and facilities to design, a system for State and local government effectiveness of the intervention is implement, and evaluate the proposed review of proposed Federal assistance theoretically justified and supported by intervention. (13 points) applications. Applicants (other than epidemiologic, or social and behavioral federally recognized Indian tribal F. Collaboration governments) must contact their State research. The extent to which the The extent to which the necessary Single Point of Contact (SPOC) as early intervention is feasible and can be partners are clearly described and their as possible to alert them to the expected to produce the expected qualifications and intentions to prospective applications and receive results in the target group of interest. participate explicitly stated. The extent any necessary instructions on the State The extent to which the intervention, its to which the applicant provides proof of process. For proposed projects serving implementation, the development of all support (e.g., letters of support and/or more than one State, applicants are necessary materials, and all necessary memoranda of understanding) for advised to contact the SPOC of each training are clearly described. The proposed activities. The extent to which affected State. A current list of SPOCs extent to which the desired outcomes a full working partnership between a is included in the application kit. If (e.g., behavioral change, injury, community-based organization, a SPOCs have any State process disability, or death) are specified and university or other academic institution, recommendations on applications definitions of measurable endpoints are and a State or local health department submitted to CDC, they must forward provided. The extent to which the has been established for applicants them to Ron S. Van Duyne, Grants setting in which the intervention is to be seeking funds for a 3-year project Management Officer, Grants implemented is clearly described and period. Evidence must be provided that Management Branch, Procurement and shown to be adequate for reaching the these funds do not duplicate already Grants Office, Centers for Disease target group and achieving the desired funded components of ongoing projects. Control and Prevention (CDC), 255 East objectives. The status of all necessary (12 points) Paces Ferry Road, NE., Room 300, measurement instruments or training Mailstop E13, Atlanta, GA 30305, no materials must be described; if any of G. Proposed Budget later than 30 days after the application this material is not extant, methods and The extent to which the budget deadline. (The appropriation for this time frames for their development must request is clearly explained, adequately financial assistance program was be described. Necessary collaborators justified, reasonable, sufficient for the received late in the fiscal year and must be identified, and evidence of their proposed project activities, and would not allow for the application ability and intention to participate must consistent with the intended use of the receipt date which would accommodate be supplied. (25 points) cooperative agreement funds. (Not the 60-day State recommendation D. Evaluation Design and Analysis scored) process period.) The Announcement Number and Program Title should be H. Human Subjects The extent to which the evaluation referenced on the document. The design and the data analysis plan are If human subjects will be involved, granting agency does not guarantee to clearly described and are appropriate for how they will be protected, i.e., describe ‘‘accommodate or explain’’ for State the target group, intervention, data the review process which will govern process recommendations it receives collection opportunities, and proposed their participation. (Not scored) after that date. project period. The extent to which the Indian tribes are strongly encouraged Funding Priority various threats to the validity of the to request tribal government review of evaluation are recognized and Important considerations for funding the proposed application. If tribal addressed. The extent to which the will be geographic balance, a governments have any tribal process sampling methods, sample size representative mixture of target groups, recommendations on applications estimates, power estimates, and attrition and diversity of intervention strategies. submitted to CDC, they should forward of the participating population are Interested persons are invited to them to Ron S. Van Duyne, Grants clarified. The extent to which data comment on the proposed funding Management Officer, Grants collection, data processing, and priority. All comments received on or Management Branch, Procurement and management activities are clearly before July 19, 1996 will be considered Grants Office, Centers for Disease described. before the final funding priority is Control and Prevention (CDC), 255 East The extent to which the major phases established. If the funding priority Paces Ferry Road, NE., Room 300, of the project are clearly presented and should change as a result of any Mailstop E–13, Atlanta, GA 30305. This logically and realistically sequenced. comments received, a revised should be done no later than 30 days (25 points) Announcement will be published in the after the application deadline date. The E. Project Management and Staffing Federal Register prior to the final granting agency does not guarantee to Plan receipt of applications. ‘‘accommodate or explain’’ for tribal Written comments should be process recommendations it receives The extent to which project addressed to Ron S. Van Duyne, Grants after that date. management staff and their working Management Officer, Grants Public Health System Reporting partners are clearly described, Management Branch, Procurement and Requirements appropriately assigned, and possess Grants Office, Centers for Disease pertinent skills and experiences to Control and Prevention (CDC), 255 East This program subject to the Public conduct the project successfully to Paces Ferry Road, NE., Room 300, Health System Reporting Requirements. completion. The extent to which the Mailstop E–13, Atlanta, GA 30305. Under these requirements, all applicant has arranged to involve community-based nongovernmental appropriate researchers and other Executive Order 12372 Review applicants must prepare and submit the personnel who reflect the racial/ethnic Applications are subject to items identified below to the head of the composition of the target group. The Intergovernmental Review of Federal appropriate State and/or local health extent to which the applicant or a full Programs as governed by Executive agency(s) in the program area(s) that 31136 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices may be impacted by the proposed services to any person in any program the end of the budget period, or at the project no later than the receipt date of that is being carried out with a close of an organization’s fiscal year. the Federal application. The appropriate cooperative agreement made under this The audit must be performed in State and/or local health agency is announcement shall not be disclosed accordance with generally accepted determined by the applicant. The unless required by a law of a State or auditing standards (established by the following information must be political subdivision thereof unless American Institute of Certified Public provided: written, voluntary informed consent is Accountant (AICPA)), governmental A. A copy of the face page of the provided by persons who received auditing standards (established by the application. services. General Accounting Office (GAO)), and B. A summary of the project that D. Women, Racial, and Ethnic Office of Management and Budget should be titled —Public Health System (OMB) Circular A–133. Impact Statement— (PHSIS), not exceed Minorities one page, and include the following: It is the policy of CDC to ensure that Application Submission and Deadline 1. A description of the population to individuals of both sexes and the The original and two copies of the be served; various racial and ethnic groups will be application PHS Form 5161–1 (OMB 2. A summary of the services to be included in CDC supported research Number 0937–0189) must be submitted provided; and projects involving human subjects, to Joanne A. Wojcik, Grants 3. A description of the coordination whenever feasible and appropriate. Management Specialist, Grants plans with the appropriate State and/or Racial and ethnic groups are those Management Branch, Procurement and local health agencies. defined in OMB Directive No. 15 and Grants Office, Centers for Disease If the State and/or local health official include American Indian, Alaskan Control and Prevention (CDC), 255 East should desire a copy of the entire Native, Asian, Pacific Islander, Black Paces Ferry Road, NE., Room 300, application, it may be obtained from the and Hispanic. Applicants shall ensure Mailstop E13, Atlanta, GA 30305, on or State Single Point of Contact (SPOC) or that women, racial and ethnic minority before August 13, 1996. directly from the applicant. populations are appropriately A. Deadlines Catalog of Federal Domestic Assistance represented in applications for research Number involving human subjects. Where clear Applications shall be considered as and compelling rationale exist that meeting the deadline if they are either: The Catalog of Federal Domestic inclusion is inappropriate or not 1. Received on or before the deadline Assistance Number is 93.136. feasible, this situation must be date; or Other Requirements explained as part of the application. In 2. Sent on or before the deadline date conducting review for scientific merit, and received in time for submission to A. Paperwork Reduction Act review groups will evaluate proposed the independent review committee. For Projects that involve the collection of plans for inclusion of minorities and proof of timely mailing, applicants must information from 10 or more individuals both sexes as part of the scientific request a legibly dated U.S. Postal and funded by cooperative agreement assessment and scoring. This policy Service postmark or obtain a legibly will be subject to review by the Office does not apply to research studies when dated receipt from a commercial carrier of Management and Budget under the the investigator cannot control the race, or the U.S. Postal Service. Private Paperwork Reduction Act. ethnicity and/or sex of subject. Further metered postmarks will not be guidance to this policy is contained in acceptable as proof of timely mailing. B. Human Subjects the Federal Register, Vol. 60, No. 179, B. Late Applications If the proposed project involves pages 47947–47951, Friday, September research on human subjects, the 15, 1995. Applications that do not meet the applicant must comply with the criteria in A.1. or A.2. above are Department of Health and Human E. Accounting Systems considered late. Late applications will Services Regulations, 45 CFR Part 46, The services of a certified public not be considered in the current regarding the protection of human accountant licensed by the State Board competition and will be returned to the subjects. Assurance must be provided to of Accountancy or equivalent must be applicant. demonstrate that the project will be retained throughout the budget period Where To Obtain Additional subject to initial and continuing review as a part of the recipient’s staff, or as a Information by the appropriate institutional review consultant to the recipient’s accounting committees. In addition to other personnel. These services may include To receive additional information call applicable committees, Indian Health the design, implementation, and (404) 332–4561. You will be asked to Service (IHS) institutional review maintenance of an accounting system leave your name, address and phone committees also must review the project that will record receipts and number and will need to refer to if any component of IHS will be expenditures of Federal funds in Announcement 633. You will receive a involved or will support the research. If accordance with accounting principles, complete program description, any American Indian community is Federal regulations, and terms of the information on application procedures involved, its tribal government must cooperative agreement. and application forms. The also approve that portion of the project announcement is also available through F. Audits applicable to it. The applicant will be the CDC home page on the Internet. The responsible for providing assurance in Funds claimed for reimbursement address for the CDC home page is http:/ accordance with the appropriate under this cooperative agreement must /www.cdc.gov. guidelines and form provided in the be audited annually by an independent If you have questions after reviewing application kit. certified public accountant (separate the contents of all documents, business and independent of the consultant management assistance may be obtained C. Confidentiality of Records referenced above or recipient’s staff from Joanne A. Wojcik, Grants All identifying information obtained certified public accountant). This audit Management Specialist, Grants in connection with the provision of must be performed within 60 days after Management Branch, Procurement and Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31137

Grants Office, Centers for Disease The cooperative agreements funded $125,000 for each 12-month budget Control and Prevention (CDC), 255 E. under Program Announcement 329 period. Paces Ferry Road, NE., Mailstop E13, supported the continuing development It is expected that the new awards Atlanta, GA 30305, telephone (404) of applied research to evaluate the will begin on or about September 30, 842–6535, or INTERNET address effectiveness of interventions and 1996, and will be made for a 12-month [email protected]. programs designed to prevent violence- budget period. Programs funded under Programmatic assistance may be related injuries, disabilities, and deaths this announcement will have a 3-year obtained from Mark S. Long, Division of among children, adolescents, and young project period. Funding estimates may Violence Prevention, National Center for adults. vary and are subject to change. Injury Prevention and Control, Centers CDC is committed to achieving the Continuation funds within the project for Disease Control and Prevention health promotion and disease periods will be awarded on the basis of (CDC), 4770 Buford Highway, NE, prevention objectives described in satisfactory progress as evidenced by Mailstop K60, Atlanta, GA 30341–3724, ‘‘Healthy People 2000,’’ a national required reports and the availability of telephone, (770) 488–4224, INTERNET activity to reduce morbidity and funds. The estimates outlined above address, [email protected]. mortality and improve the quality of may vary, based on the quality of the life. This announcement is related to the applications received within each Please Refer to Announcement Number priority area of Violent and Abusive project period. 633 When Requesting Information and Behavior (to order a copy of ‘‘Healthy Submitting an Application Purpose People 2000,’’ see the Section Where to There may be delays in mail delivery Obtain Additional Information). The purpose of this cooperative as well as difficulty in reaching the CDC agreement is to support extended Atlanta offices during the 1996 Summer Authority assessments of the impact of previously Olympics (July 19–August 4). Therefore, This program announcement is implemented and evaluated violence in order to receive more timely response authorized under Sections 301, 317, and prevention programs that targeted youth to questions please use INTERNET/E- 391–394 (42 U.S.C. 241, 247b, and below the age of 19 years which Mail, follow all instructions in this 280b–280b–3) of the Public Health demonstrated promising outcomes. announcement and leave messages on Service Act, as amended. Specifically, this announcement seeks the contact person’s voice mail. applications to assess the residual Potential applicants may obtain a Smoke-Free Workplace effects of previously evaluated copy of ‘‘Healthy People 2000’’ (Full CDC strongly encourages all grant interventions that initially exhibited Report, Stock No. 017–001–00474–0) or recipients to provide a smoke-free significant effects in reducing violent ‘‘Healthy People 2000’’ (Summary workplace and promote the non-use of behavior, violence-related injuries, or Report, Stock No. 017–001–00473–1) all tobacco products, and Public Law intermediate indicators (e.g. referenced in the Introduction through 103–227, the Pro-Children Act of 1994, aggressiveness). the Superintendent of Documents, prohibits smoking in certain facilities Of particular interest are: (1) assessing Government Printing Office, that receive Federal funds in which whether the effects of the initial Washington, DC 20402–9325, telephone, education, library, day care, health care, intervention persist, and (2) assessing (202) 512–1800. and early childhood development the effects of continued long-term services are provided to children. intervention such as efforts to reinforce Dated: June 11, 1996. gains made in the initial intervention Joseph R. Carter, Eligible Applicants against both those who receive no Acting Associate Director for Management Applications will be accepted from significant additional reinforcement and and Operations, Centers for Disease Control public and private, non-profit and for- those who received no significant and Prevention (CDC). profit organizations and governments intervention. [FR Doc. 96–15568 Filed 6–18–96; 8:45 am] and their agencies. Thus, community- Program Requirements BILLING CODE 4163±18±P based organizations, other public and private organizations, State, territorial, Successful completion of the project will require a close working relationship [Announcement 634] and local governments or their bona fide agents, federally recognized Indian between the recipient and CDC. Violence Prevention Programs tribal governments, Indian tribes, or Recipient and CDC Activities are listed (Longitudinal Evaluations) Indian tribal organizations, hospitals, below: and small, minority- and/or women- A. Recipient Activities Introduction owned businesses, universities, In conducting activities to achieve the The Centers for Disease Control and colleges, and other research institutions, purpose of this program, the recipient Prevention (CDC), announces the are eligible to apply. will: availability of fiscal year (FY) 1996 Availability of Funds 1. Collect, compile, and analyze funds for cooperative agreements for information relevant to the proposed Violence Prevention Programs Approximately $500,000 is available project. (Longitudinal Evaluations). These in FY 1996 to fund up to four follow- 2. Develop a final written protocol for projects will evaluate injury prevention up evaluations of previously a comprehensive longitudinal programs designed to reduce the implemented and evaluated violence evaluation of the intervention’s impact. incidence of injuries, disabilities, and prevention programs that targeted youth This protocol must contain the deaths due to interpersonal violence below the age of 19 years. Institutions following elements: among youth. The cooperative may request funds for more than one a. Statement of the questions to be agreements will extend and build upon project as long as the proposed projects answered (hypotheses to be tested); the work begun in the group of are submitted separately and are b. Description of the intervention to cooperative agreements funded under distinctly different. Awards are be evaluated; CDC’s Program Announcement 329, expected to range from $100,000 to c. Specific monitoring data that has which began in fiscal year (FY) 1993. $166,000 with an average award of been collected and analyzed; 31138 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

d. Specific impact assessment data evaluated, including the theoretical and D. Project Management (20%) that will be collected and analyzed; scientific bases for the intervention’s 1. The extent to which roles of each e. A description of methods (both potential effectiveness in reducing unit, organization, or agency are scientific and operational) for collecting violent behavior or injury among youth. described, and coordination and impact assessment data; 1. The extent to which the influence f. A description of how data will be supervision of staff, organizations and of gender, ethnicity, life experiences, agencies involved in activities is maintained (i.e., in what format and and social setting on pertinent risk and databases, and how subjects’ apparent. protective factors are addressed. 2. The extent to which documentation confidentiality will be protected); and, 2. The extent to which the applicant g. A description of statistical of program organizational location is provides quantitative evidence that the clear, and shows a coordinated techniques that will be used to analyze initial intervention achieved significant the data. relationship among staff and behavioral improvement in the target collaborators in the applicant’s 3. Obtain the necessary clearances group exposed to the intervention. and agreements to proceed with all evaluation effort. aspects of the proposed violence B. Goals and Objectives (10%) 3. The extent to which position descriptions, CV’s, and lines of prevention project. These shall include 1. The extent to which the applicant appropriate human subjects clearances command are appropriate to has included goals which are relevant to accomplishment of program goals and and agreements with other organizations the purpose of the application and and individuals needed to complete the objectives. feasible to be accomplished during the 4. The extent to which concurrence project. project period, and the extent to which 4. Identify or develop, and pilot test with the applicant’s plans by all other these goals are specific and measurable. involved parties, including consultants, data collection instruments. 2. The extent to which the applicant 5. Establish baseline rates for is specific and documented. has included objectives which are pertinent outcomes within the target In addition, the degree to which the feasible to be accomplished during the group. applicant has met the CDC policy 6. Monitor progress toward budget period, and which address all requirements regarding the inclusion of achievement of project goals through the activities necessary to achieve the stated women, ethnic, and racial groups in the use of realistic, measurable, time- goals of the application. proposed research. This includes: oriented objectives for all phases of the 3. The extent to which the objectives a. The proposed plan for the inclusion project. are specific, time-framed, and of both sexes and racial and ethnic 7. Evaluate the longitudinal impact of measurable. minority populations for appropriate the intervention. C. Evaluation (30%) representation. 8. Develop collaborative relationships b. The appropriateness of the with voluntary, community-based 1. The extent to which the applicant proposed justification when public and private organizations and provides a comprehensive plan for representation is limited or absent. agencies already involved in preventing evaluating the long-term effects of the c. Whether the design of the study is violence. intervention that includes: adequate to measure differences when a. A detailed description of the B. CDC Activities warranted. evaluation design and methods, and the d. Whether the plans for recruitment As required for the proper direction of analysis plan to be used to answer and outreach for study participants these cooperative agreements, CDC will: research questions and to evaluate the include the process of establishing 1. Provide technical consultation on previously implemented intervention. partnerships with community(ies) and determining the impact of the b. A discussion of the feasibility and recognition of mutual benefits. evaluation; and on designing the ethical considerations relevant to the scientific protocols; selected evaluation method. E. Collaboration (15%) 2. Collaborate in the design of all c. A reasonable and complete The extent to which the applicant: phases of the project; schedule for implementing all project 1. Describes current and proposed 3. Advise the awardee on data activities. collaborations with appropriate collection instruments and procedures; d. A detailed data management plan government, health, youth agencies, 4. Monitor implementation of which describes how monitoring and community-based organizations, collection and analysis of impact impact assessment data will be minority organizations, and other assessment data; collected, processed, and maintained for 5. Arrange for information sharing researchers working with the specified analysis. target group; among the various evaluation projects; 2. The extent to which barriers to 6. Provide up-to-date scientific 2. Documents collaborative validity are described and addressed. information about youth violence relationships with letters of support and 3. The extent to which the sample prevention; and memoranda of understanding which 7. Assist in the transfer of information population is described, including: precisely specify the nature of past, and methods developed in these a. Selection methods for assignment present, and proposed collaborations, projects to other prevention programs. to treatment or control groups; and the data products or services to be b. A description of the community in provided to the applicant through the Evaluation Criteria which the target group lives; project period. Applications will be reviewed and c. A discussion that demonstrates that the target group is of sufficient size to F. Budget and Justification (Not evaluated according to the following Weighted) criteria (maximum 100 total points): yield an adequate sample for testing the proposed evaluation questions; and The extent to which the applicant A. Intervention Description, Initial d. A detailed discussion of the effect provides a detailed budget and narrative Evaluation Results (25%) of attrition on sample size, and the justification consistent with stated The extent to which the applicant applicant’s plan for preserving access to objectives and planned program describes in detail the intervention to be the target group in spite of this threat. activities. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31139

G. Human Subjects (Not Weighted) explain’’ for tribal process Indian Health Service (IHS) institutional The extent to which the applicant recommendations it receives after that review committees also must review the describes the review process which will date. project if any component of IHS will be involved or will support the research. If govern the participation of human Public Health System Reporting any American Indian community is subjects in order to insure their Requirements protection and privacy. involved, its tribal government must This program subject to the Public also approve that portion of the project Executive Order 12372 Review Health System Reporting Requirements. applicable to it. The applicant will be Applications are subject to Under these requirements, all responsible for providing assurance in Intergovernmental Review of Federal community-based nongovernmental accordance with the appropriate Programs as governed by Executive applicants must prepare and submit the guidelines and form provided in the Order (E.O.) 12372. E.O. 12372 sets up items identified below to the head of the application kit. appropriate State and/or local health a system for State and local government C. Confidentiality of Records review of proposed Federal assistance agency(s) in the program area(s) that applications. Applicants (other than may be impacted by the proposed All identifying information obtained federally recognized Indian tribal project no later than the receipt date of in connection with the provision of governments) should contact their State the Federal application. The appropriate services to any person in any program Single Point of Contact (SPOC) as early State and/or local health agency is that is being carried out with a as possible to alert them to the determined by the applicant. The cooperative agreement made under this prospective applications and receive following information must be announcement shall not be disclosed any necessary instructions on the State provided: unless required by a law of a State or A. A copy of the face page of the process. For proposed projects serving political subdivision thereof unless application. written, voluntary informed consent is more than one State, applicants are B. A summary of the project that advised to contact the SPOC of each provided by persons who received should be titled ‘‘Public Health System services. affected State. A current list of SPOCs Impact Statement’’ (PHSIS), not exceed is included in the application kit. If one page, and include the following: D. Women, Racial and Ethnic Minorities SPOCs have any State process 1. A description of the population to recommendations on applications be served; It is the policy of the Centers for submitted to CDC, they should send 2. A summary of the services to be Disease Control and Prevention (CDC) to them to Ronald S. Van Duyne, Grants provided; and ensure that individuals of both sexes Management Officer, Grants 3. A description of the coordination and the various racial and ethnic groups Management Branch, Procurement and plans with the appropriate State and/or will be included in CDC-supported Grants Office, Centers for Disease local health agencies. research projects involving human Control and Prevention (CDC), 255 East If the State and/or local health official subjects, whenever feasible and Paces Ferry Road, NE., Room 300, should desire a copy of the entire appropriate. Racial and ethnic groups Mailstop E13, Atlanta, GA 30305, no application, it may be obtained from the are those defined in OMB Directive later than 30 days after the application State Single Point of Contact (SPOC) or No.15 and include American Indian, deadline. (The appropriation for this directly from the applicant. Alaskan Native, Asian, Pacific Islander, financial assistance program was Black and Hispanic. Applicants shall received late in the fiscal year and Catalog of Federal Domestic Assistance ensure that women racial and ethnic would not allow for the application Number minority populations are appropriately receipt date which would accommodate The Catalog of Federal Domestic represented in applications for research the 60-day State recommendation Assistance Number is 93.136. involving human subjects. Where a clear and compelling rationale exists that process period.) The Announcement Other Requirements Number and Program Title should be inclusion is inappropriate or not referenced on the document. The A. Paperwork Reduction Act feasible, this situation must be granting agency does not guarantee to Projects that involve the collection of explained as part of the application. ‘‘accommodate or explain’’ for State information from 10 or more individuals This policy does not apply to research process recommendations it receives and funded by cooperative agreement studies when the investigator cannot after that date. will be subject to review by the Office control the race, ethnicity, and/or sex of Indian tribes are strongly encouraged of Management and Budget under the subjects. Further guidance to this policy to request tribal government review of Paperwork Reduction Act. is contained in the Federal Register, the proposed application. If tribal Vol. 60, No. 179, pages 47947–47951, governments have any tribal process B. Protection of Human Subjects dated Friday, September 15, 1995. recommendations on applications If the proposed project involves E. Accounting Systems submitted to CDC, they should forward research on human subjects, the them to Ronald S. Van Duyne, Grants applicant must comply with the The services of a certified public Management Officer, Grants Department of Health and Human accountant licensed by the State Board Management Branch, Procurement and Services Regulations (45 CFR Part 46) of Accountancy or equivalent must be Grants Office, Centers for Disease regarding the protection of human retained throughout the budget period Control and Prevention (CDC), 255 East subjects. Assurance must be provided as a part of the recipient’s staff, or as a Paces Ferry Road, NE., Room 300, (in accordance with the appropriate consultant to the recipient’s accounting Mailstop E13, Atlanta, GA 30305, no guidelines and form provided in the personnel. These services may include later than 30 days after the application application kit) to demonstrate that the the design, implementation, and deadline. The Announcement Number project will be subject to initial and maintenance of an accounting system and Program Title should be referenced continuing review by an appropriate that will record receipts and on the document. The granting agency institutional review committee. In expenditures of Federal funds in does not guarantee to ‘‘accommodate or addition to other applicable committees, accordance with accounting principles, 31140 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

Federal regulations, and terms of the Late Applications timely response to questions please use cooperative agreement. Applications that do not meet the INTERNET/E-Mail, follow all instructions in this announcement and F. Audits criteria in A.1. or A.2. above are considered late. Late applications will leave messages on the contact person’s Funds claimed for reimbursement not be considered in the current voice mail. under this cooperative agreement must competition and will be returned to the Potential applicants may obtain a be audited annually by an independent applicant. copy of ‘‘Healthy People 2000’’ (Full certified public accountant (separate Report, Stock No. 017–001–00474–0) or and independent of the consultant Where To Obtain Additional ‘‘Healthy People 2000’’ (Summary referenced above or recipient’s staff Information Report, Stock No. 017–001–00473–1) certified public accountant). This audit To receive additional information call referenced in the Introduction through must be performed within 60 days after (404) 332–4561. You will be asked to the Superintendent of Documents, the end of the budget period, or at the leave your name, address and phone Government Printing Office, close of an organization’s fiscal year. number and will need to refer to Washington, DC 20402–9325, telephone, The audit must be performed in Announcement 634. You will receive a (202) 512–1800. accordance with generally accepted complete program description, auditing standards (established by the Dated: June 11, 1996. information on application procedures Joseph R. Carter, American Institute of Certified Public and application forms. The Accountant (AICPA)), governmental Acting Associate Director for Management announcement is also available through and Operations, Centers for Disease Control auditing standards (established by the the CDC home page on the Internet. The General Accounting Office (GAO)), and and Prevention (CDC). address for the CDC home page is http:/ [FR Doc. 96–15569 Filed 6–18–96; 8:45 am] Office of Management and Budget /www.cdc.gov. BILLING CODE 4163±18±P (OMB) Circular A–133. If you have questions after reviewing Application Submission and Deadline the contents of all documents, business management assistance may be obtained The original and two copies of the Administration for Children and from Joanne A. Wojcik, Grants Families application PHS Form 5161–1 (OMB Management Specialist, Grants Number 0937–0189) must be submitted Management Branch, Procurement and Submission for OMB Review; to Joanne A. Wojcik, Grants Grants Office, Centers for Disease Comment Request Management Specialist, Grants Control and Prevention (CDC), 255 E. Management Branch, Procurement and Paces Ferry Road, NE., Mailstop E13, Title: Jobs Opportunity Basic Skills Grants Office, Centers for Disease Atlanta, GA 30305, telephone (404) (JOBS) Participation Rate Quarterly Control and Prevention (CDC), 255 East 842–6535, or INTERNET address Report. Paces Ferry Road, NE., Room 300, [email protected]. OMB No.: 0970–0098. Mailstop E13, Atlanta, GA 30305, on or Programmatic assistance may be before August 15, 1996. Description: The information received obtained from Mark S. Long, Division of from this collection will provide ACF A. Deadlines Violence Prevention, National Center for the information to determine if each Injury Prevention and Control, Centers Applications shall be considered as State has met the required JOBS for Disease Control and Prevention meeting the deadline if they are either: participation rates and adjust the FFP (CDC), 4770 Buford Highway, NE., 1. Received on or before the deadline rate accordingly. States must establish Mailstop K60, Atlanta, GA 30341–3724, date; or that the specified percentage of those telephone: (770) 488–4224, E-mail: 2. Sent on or before the deadline date required to participate in the JOBS [email protected]. and received in time for submission to program actually participate. The the independent review committee. For Note: Please refer to announcement routine collection participation rate data proof of timely mailing, applicants must number 634 when requesting information also provides ACF with sufficient request a legibly dated U.S. Postal and submitting an application. information to adequately respond to Service postmark or obtain a legibly There may be delays in mail delivery inquiries from Congress and other dated receipt from a commercial carrier as well as difficulty in reaching the CDC interested parties regarding nationwide or the U.S. Postal Service. Private Atlanta offices during the 1996 Summer JOBS participation rates. metered postmarks will not be Olympics (July 19 - August 4). Respondents: State governments. acceptable as proof of timely mailing. Therefore, in order to receive more Annual Burden Estimates:

Number of re- Average bur- Instrument Number of sponses per den hours per Total burden respondents respondent response hours

ACF±103 ...... 54 4 12 2,592 Estimated Total Annual Burden Hours: 2,592.

Additional Information: Copies of the Washington, DC 20447, Attn: ACF having its full effect if OMB receives it proposed collection may be obtained by Reports Clearance Officer. within 30 days of publication. Written writing to The Administration for OMB Comment: OMB is required to comments and recommendations for the Children and Families, Office of make a decision concerning the proposed information collection should Information Services, Division of collection of information between 30 be sent directly to the following: Office Information Resource Management and 60 days after publication of this of Management and Budget, Paperwork Services, 370 L’Enfant Promenade, SW., document in the Federal Register. Reduction Project, 725 17th Street, NW., Therefore, a comment is best assured of Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31141

Washington, DC 20503, Attn: Ms. that is the subject of this notice on 1. Type of Information Collection Wendy Taylor. display at the Dockets Management Request: Reinstatement, without change, Dated: June 10, 1996. Branch (address above) for public of previously approved collection for Larry Guerrero, review and comment. Interested persons which approval has expired; Title of may, on or before July 19, 1996, submit Information Collection: Authorization Acting Director, Office of Information Resource Management Services. to the Dockets Management Branch Agreement for Electronic Funds (address above) written comments. Two Transfer; Form No.: HCFA–588; Use: [FR Doc. 96–15219 Filed 6–18–96; 8:45 am] copies of any comments are to be This information is needed to allow BILLING CODE 4184±01±M submitted, except that individuals may providers to receive funds electronically submit one copy. Comments are to be in their bank; Frequency: On occasion; Food and Drug Administration identified with the docket number Affected Public: Business or other for found in brackets in the heading of this profit, not for profit institutions; [Docket No. 96F±0101] document. Received comments may be Number of Respondents: 78,550; Total seen in the office above between 9 a.m. Annual Responses: 78,550; Total General Electric Co.; Filing of Food and 4 p.m., Monday through Friday. Annual Hours: 9,819. Number of Additive Petition FDA will also place on public display Respondents: 16,000; Total Annual AGENCY: Food and Drug Administration, any amendments to, or comments on, Responses: 16,000; Total Annual Hours: HHS. the petitioner’s environmental 20,000. 2. Type of Information Collection ACTION: Notice. assessment without further announcement in the Federal Register. Request: Reinstatement, without change, SUMMARY: The Food and Drug If, based on its review, the agency finds of previously approved collection for Administration (FDA) is announcing that an environmental impact statement which approval has expired; Title of that General Electric Co. has filed a is not required and this petition results Information Collection: Application for petition proposing that the food additive in a regulation, the notice of availability Health Insurance Under Medicare for regulations be amended to provide for of the agency’s finding of no significant Individuals with Chronic Renal Disease; the safe use of triisopropanolamine as a impact and the evidence supporting that Form No.: HCFA–43; Use: This form is component of phosphorous acid, cyclic finding will be published with the used as a standard method of eliciting butylethyl propanediol, 2,4,6-tri-tert- regulation in the Federal Register in information necessary to determine butylphenyl ester, a stabilizer for olefin accordance with 21 CFR 25.40(c). entitlement to Medicare under the end polymers intended for use in contact Dated: June 4, 1996. stage renal disease provision of the law; Frequency: On occasion; Affected with food. Alan M. Rulis, DATES: Written comments on Public: Individuals and households, Director, Office of Premarket Approval, Federal government; Number of petitioner’s environmental assessment Center for Food Safety and Applied Nutrition. by July 19, 1996. Respondents: 80,000; Total Annual [FR Doc. 96–15467 Filed 6–18–96; 8:45 am] Responses: 80,000; Total Annual Hours: ADDRESSES: Submit written comments BILLING CODE 4160±01±F 34,400. to the Dockets Management Branch 3. Type of Information Collection (HFA–305), Food and Drug Request: Extension of a currently Health Care Financing Administration Administration, 12420 Parklawn Dr., approved collection; Title of rm. 1–23, Rockville, MD 20857. Agency Information Collection Information Collection: Clinical FOR FURTHER INFORMATION CONTACT: Vir Laboratory Improvement Amendments D. Anand, Center for Food Safety and Activities: Proposed Collection; Comment Request Application Form; Form No.: HCFA– Applied Nutrition (HFS–216), Food and 116; Use: This application is completed Drug Administration, 200 C St. SW., AGENCY: Health Care Financing by entities performing laboratory testing Washington, DC 20204, 202–418–3081. Administration, HHS. on human specimens for health SUPPLEMENTARY INFORMATION: Under the In compliance with the requirement purposes; Frequency: Biennially; Federal Food, Drug, and Cosmetic Act of section 3506(c)(2)(A) of the Affected Public: Business or other for (sec. 409(b)(5) (21 U.S.C. 348(b)(5))), Paperwork Reduction Act of 1995, the profit, not for profit institutions, Federal notice is given that a food additive Health Care Financing Administration government and State, local or tribal petition (FAP 6B4507) has been filed by (HCFA), Department of Health and governments; Number of Respondents: General Electric Co., 1 Lexan Lane, Mt. Human Services, is publishing the 16,000; Total Annual Responses: Vernon, IN 47620–9364. The petition following summaries of proposed 16,000; Total Annual Hours: 20,000. proposes to amend the food additive collections for public comment. 4. Type of Information Collection regulations in § 178.2010 Antioxidants Interested persons are invited to send Request: Reinstatement, without change, and/or stabilizers for polymers (21 CFR comments regarding this burden of previously approved collection for 178.2010) to provide for the safe use of estimate or any other aspect of this which approval has expired; Title of triisopropanolamine as a component of collection of information, including any Information Collection: Post Laboratory phosphorous acid, cyclic butylphenyl of the following subjects: (1) The Survey Questionnaire-Surveyor; Form propanediol, 2,4,6-tri-tert-butylphenyl necessity and utility of the proposed No.: HCFA–668A; Use: This survey ester, a stabilizer for olefin polymers information collection for the proper provides the surveyor with an intended for use in contact with food. performance of the agency’s functions; opportunity to evaluate the survey The potential environmental impact (2) the accuracy of the estimated process. The form is completed in of this action is being reviewed. To burden; (3) ways to enhance the quality, conjunction with the HCFA form 668B. encourage public participation utility, and clarity of the information to This information with help HCFA consistent with regulations promulgated be collected; and (4) the use of evaluate the entire survey process from under the National Environmental automated collection techniques or the surveyor’s prospective; Frequency: Policy Act (40 CFR 1501.4(b)), the other forms of information technology to Biennially; Affected Public: Business or agency is placing the environmental minimize the information collection other for profit, not for profit assessment submitted with the petition burden. institutions, Federal government and 31142 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

State, local or tribal governments; submitted to the Office of Management [R±106] Number of Respondents: 1,560; Total and Budget (OMB) the following Annual Responses: 1,560; Total Annual proposals for the collection of Agency Information Collection Hours: 390. information. Interested persons are Activities: Proposed Collection; 5. Type of Information Collection invited to send comments regarding the Comment Request Request: Reinstatement, without change, burden estimate or any other aspect of In compliance with the requirement of previously approved collection for this collection of information, including which approval has expired; Title of of section 3506(c)(2)(A) of the any of the following subjects: (1) The Paperwork Reduction Act of 1995, the Information Collection: Post Laboratory necessity and utility of the proposed Survey Questionnaire-Laboratory; Form Health Care Financing Administration information collection for the proper (HCFA), Department of Health and No.: HCFA–668B; Use: This survey performance of the agency’s functions; provides the laboratory with an Human Services, is publishing the (2) the accuracy of the estimated following summary of proposed opportunity to evaluate the survey burden; (3) ways to enhance the quality, process. The form is completed in collections for public comment. utility, and clarity of the information to Interested persons are invited to send conjunction with the HCFA form 668A. be collected; and (4) the use of This information will help HCFA comments regarding the burden automated collection techniques or estimate or any other aspect of this evaluate the entire survey process from other forms of information technology to the laboratory’s prospective; Frequency: collection of information, including any minimize the information collection of the following subjects: (1) The Biennially; Affected Public: Business or burden. other for profit, not for profit necessity and utility of the proposed 1. Type of Information Collection institutions, Federal government and information collection for the proper Request: Revision of a currently State, local or tribal governments; performance of the agency’s functions; approved collection; Title of Number of Respondents: 1,560; Total (2) the accuracy of the estimated Information Collection: Medicare Annual Responses: 1,560: Total Annual burden; (3) ways to enhance the quality, Current Beneficiary Survey: Round-16 ; Hours: 390. utility, and clarity of the information to Total Annual Hours: 390. Form No.: HCFA–P–15A; Use: The be collected; and (4) the use of To obtain copies of the supporting Office of the Actuary, HCFA, proposes automated collection techniques or statement for the proposed paperwork to supplement the questionnaire and other forms of information technology to collections referenced above, access sample for the September, 1996 Round- minimize the information collection HCFA’s WEB SITE ADDRESS at [http:/ 16 of the Medicare Current Beneficiary burden. /www.hcfa.gov], or to obtain the Survey (MCBS) to facilitate comparisons Type of Information Collection supporting statement and any related of the experiences of beneficiaries using Request: Reinstatement, with change, of forms, E-mail your request, including managed care and those in the fee-for- a previously approved collection for your address and phone number, to service medical care delivery system. which approval has expired; Title of [email protected], or call the Reports The MCBS, is a national survey of Information Collection: Criteria for Clearance Office on (410) 786–1326. persons served by Medicare, used to Medicare Coverage of Heart Transplants; Written comments and support policy and research by Form No.: HCFA-R–106; Use: Medicare recommendations for the proposed measuring use and cost of services, participating hospitals must file an information collections must be mailed sources of payment, insurance coverage, application to be approved for coverage within 60 days of this notice directly to health status, access, satisfaction and and payment of heart transplants HCFA Paperwork Clearance Officer other information; Frequency: Annually; performed on Medicare beneficiaries. designated at the following address: Affected Public: Individuals and Frequency: Annually; Affected Public: HCFA, Office of Financial and Human households; Number of Respondents: Business or other for-profit; Number of Resources, Management Planning and 1,900; Total Annual Hours: 1,900. Respondents: 5; Total Annual Analysis Staff, Attention: John Burke, To obtain copies of the supporting Responses: 5; Total Annual Hours Room C2–26–17, 7500 Security statement and any related forms, E-mail Requested: 500. Boulevard, Baltimore, Maryland 21244– your request, including your address To request copies of the proposed 1850. and phone number, to paperwork collections referenced above, Dated: June 13, 1996. [email protected], or call the Reports call the Reports Clearance Office on Kathleen B. Larson, Clearance Office on (410) 786–1326. (410) 786–1326. Written comments and Written comments and Director, Management Planning and Analysis recommendations for the proposed Staff, Office of Financial and Human recommendations for the proposed information collections should be sent Resources, Health Care Financing information collections should be sent within 60 days of this notice directly to Administration. within 30 days of this notice directly to the HCFA Paperwork Clearance Officer [FR Doc. 96–15612 Filed 6–18–96; 8:45 am] the OMB Desk Officer designated at the designated at the following address: BILLING CODE 4120±03±P following address: OMB Human HCFA, Office of Financial and Human Resources and Housing Branch, Resources, Management Planning and Attention: Allison Eydt, New Executive Analysis Staff, Attention: Louis Blank, Agency Information Collection Office Building, Room 10235, Room C2–26–17, 7500 Security Activities: Submission for OMB Washington, D.C. 20503. Boulevard, Baltimore, Maryland 21244– Review; Comment Request Dated: June 13, 1996. 1850. AGENCY: Health Care Financing Kathleen B. Larson, Dated: June 11, 1996. Administration, HHS. Director, Management Planning and Analysis Kathleen B. Larson, In compliance with the Paperwork Staff, Office of Financial and Human Director, Management Planning and Analysis Reduction Act of 1995 (44 U.S.C. 3501 Resources, Health Care Financing Staff, Office of Financial and Human et seq.), the Health Care Financing Administration. Resources. Administration (HCFA), Department of [FR Doc. 96–15613 Filed 6–18–96; 8:45 am] [FR Doc. 96–15515 Filed 6–18–96; 8:45 am] Health and Human Services, has BILLING CODE 4120±03±P BILLING CODE 4120±03±P Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31143

Health Resources and Services is necessary for the proper performance medicine, optometry, podiatric Administration of the functions of the agency, including medicine, and pharmacy. The NSL whether the information shall have Program provides long-term, low- Agency Information Collection practical utility; (b) the accuracy of the interest loans to students who attend Activities: Proposed Collection; agency’s estimate of the burden of the eligible schools of nursing in programs Comment Request proposed collection of information; (c) leading to a diploma in nursing, an In compliance with the requirement ways to enhance the quality, utility, and associate degree, a baccalaureate degree, of Section 3506(c)(2)(A) of the clarity of the information to be or a graduate degree in nursing. Paperwork Reduction Act of 1995 for collected; and (d) ways to minimize the Participating HPSL and NSL schools are opportunity for public comment on burden of the collection of information responsible for determining eligibility of proposed data collection projects, the on respondents, including through the applicants, making loans, and collecting Health Resources and Services use of automated collection techniques monies owed by borrowers on their or other forms of information Administration (HRSA) will publish outstanding loans. The Deferment form technology. periodic summaries of proposed (HRSA Form 519) provides the schools projects being developed for submission Proposed Projects with documentation of a borrower’s to OMB under the Paperwork Reduction eligibility for deferment. The Annual Health Professions Student Loan Act of 1995. To request more Operating Report (AOR—HRSA Form (HPSL) and Nursing Student Loan (NSL) information on the proposed project or 501) provides the Federal Government to obtain a copy of the data collection Programs—Forms (OMB No. 0915– with information from participating plans and instruments, call the HRSA 0044)—Extension and Revision—The schools relating to HPSL & NSL program Reports Clearance Officer on (301) 443– HPSL Program provides long-term, low- 1129. interest loans to students attending operations and financial activities. Comments are invited on: (a) whether schools of medicine, osteopathic The estimated annual response the proposed collection of information medicine, dentistry, veterinary burden is as follows:

Responses Form Number of per re- Hours per re- Total annual respondents spondent spondent hour burden

Deferment-519 ...... 10,375 1 10 min ...... 1,729 hrs. AOR-501 ...... 1,178 1 5 hrs ...... 5,890 hrs. Total ...... 11,553 ...... 7,619 hrs.

Three additional forms were Dated: June 13, 1996. EFFECTIVE DATE: May 26, 1996. previously approved under the OMB J. Henry Montes, FOR FURTHER INFORMATION CONTACT: number cited above. These forms have Associate Administrator for Policy Dominic A. Nessi, Deputy Assistant been discontinued for the following Coordination. Secretary for Native American reasons: [FR Doc. 96–15561 Filed 6–18–96; 8:45 am] Programs, Office of Public and Indian HRSA–514, HPSL & NSL Application BILLING CODE 4160±15±P Housing, Department of Housing and to Participate: This form was used by Urban Development, 451 Seventh Street, schools to apply to participate in the S.W., Room B–133, Washington, D.C. programs. Because there have been no DEPARTMENT OF HOUSING AND 20410, (202) 755–0032. A program appropriations for several URBAN DEVELOPMENT telecommunications device for the hearing-impaired is available at (202) years, and the schools are operating the Office of Native American Programs; program only with revolving loan funds, 708–1455. These are not toll-free Redelegation of Authority for the numbers. the application form is no longer used. Emergency Shelter Grants Program SUPPLEMENTARY INFORMATION: By statute, HRSA 518, Request for Postponement [Docket No. FR±4093±D±01] of Installment Payment, and HRSA 520, Indian tribes receive a set aside of 1% Request for Partial Cancellation of Loan: AGENCY: Office of Public and Indian of funds appropriated for the ESG program for Indian and Alaskan natives These forms, which were used by Housing, HUD. under Subtitle B of Title IV of the borrowers to request cancellation or ACTION: Notice of redelegation of Stewart B. McKinney Homeless postponement of their student loan authority. Assistance Act, as amended, 42 U.S.C. payments in return for service as a SUMMARY: In this notice of redelegation § 11371 et seq. Originally this set aside Registered Nurse, are no longer needed. of authority, the Deputy Assistant of ESG Program funds was administered The NSL cancellation provision for Secretary for the Office of Native by the Office of Community Planning service as a Registered Nurse has been American Programs, formerly known as and Development (‘‘CPD’’). On March repealed for loans made on or after the Director, Office of Native American 27, 1995, there were two notices September 29, 1979. There are now no Programs, is redelegating to Field Office published in the Federal Register students eligible for these benefits. of Native American Programs pertaining to the ESG Program. The first Send comments to Patricia Royston, (‘‘FONAP’’) Administrators all power notice, published at 60 FR 15783, on HRSA Reports Clearance Officer, Room and authority, subject to certain March 27, 1995, revoked authority to 14–36, Parklawn Building, 5600 Fishers specified exceptions, within their administer the ESG Program from the Lane, Rockville, MD 20857. Written respective jurisdictions, for the Assistant Secretary for CPD, and comments should be received by August management and administration of the delegated the authority to administer 19, 1996. Emergency Shelter Grants (‘‘ESG’’) the ESG program to the Assistant program. Secretary for Public and Indian Housing 31144 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

(‘‘PIH’’). The second notice, published The authority redelegated under notificatation covers activities at 60 FR 15784, on March 27, 1995, Section A also does not include the conducted by the applicant over a three redelegated from the Assistant Secretary authority to issue or waive rules and/or year period. for PIH, individually to the Director, statutes. PRT–812190 Office of Native American Programs Authority: Section 7(d), Department of Applicant: San Diego Zoo/Center for (currently known as the Deputy Housing and Urban Development Act, 42 Reproduction of Endangered Species, San Assistant Secretary, Office of Native U.S.C. § 3535(d). Diego, CA. American Programs), to the Deputy Dated: May 26, 1996. The applicant requests a permit to Director of Headquarters Operations, Dominic A. Nessi, export extracted DNA samples from Office of Native American Programs, Deputy Assistant Secretary for Native captive-born and captive-held black and to the Deputy Director of Field American Programs. rhinos (Diceros bicornis) to the National Operations, Office of Native American [FR Doc. 96–15625 Filed 6–18–96; 8:45 am] Museum of Kenya for the purposes of Programs, all power and authority with BILLING CODE 4210±33±M scientific research. respect to the ESG program for Indian tribes and Alaskan natives, with the PRT–815940 exception of the power to sue or be DEPARTMENT OF THE INTERIOR Applicant: Dreher Park Zoo, W. Palm Beach, sued. FL. In this notice, the Deputy Assistant Fish and Wildlife Service The applicant requests a permit to Secretary for Native American import a captive-held male jaguar Programs, formerly known as the Notice of Receipt of Applications for (Panthera onca) from a private Director, Office of Native American Permit individual in Iquitos, Peru, to enhance Programs, is redelegating to FONAP The following applicants have the propagation and survival of the Administrators all power and authority, applied for a permit to conduct certain species through captive breeding. subject to certain specified exceptions, activities with endangered species. This Written data or comments should be within their respective jurisdictions for notice is provided pursuant to Section submitted to the Director, U.S. Fish and the administration and management of 10(c) of the Endangered Species Act of Wildlife Service, Office of Management the ESG program under Subtitle B of 1973, as amended (16 U.S.C. 1531, et Authority, 4401 North Fairfax Drive, Part IV of the Stewart B. McKinney seq.): Room 430, Arlington, Virginia 22203 Homeless Assistant Act, as amended, 42 and must be received by the Director U.S.C. 11371 et seq. PRT–781606 within 30 days of the date of this Accordingly, the Deputy Assistant Applicant: University of Florida, Department publication. Secretary for Native American Programs Zoologogy, Gaineville, FL. Documents and other information redelegates as follows: The applicant request a permit to submitted with these applications are import samples of green (Chelonia available for review, subject to the Section A. Authority Redelegated mydas), hawksbill (Eretmochelys requirements of the Privacy Act and Each Field Office of Native American imbricata), loggerhead (Caretta caretta), Freedom of Information Act, by any Programs (FONAP) Administrator is and leatherback (Dermochelys coriacea) party who submits a written request for authorized by the Deputy Assistant from Nicaraugua. This notice covers a copy of such documents to the Secretary for Native American Programs activities conducted by the applicant following office within 30 days of the to exercise all power and authority over a period of five years. date of publication of this notice: U.S. required to administer the ESG program, PRT–815734 Fish and Wildlife Service, Office of Management Authority, 4401 North within his or her respective jurisdiction, Applicant: Jordan Productions, Las Vegas, subject to the exceptions stated in NV. Fairfax Drive, Room 430, Arlington, Section B, below. Virginia 22203. Phone: (703/358–2104); The applicant requests a permit to FAX: (703/358–2281). Section B. Authority Excepted reexport and reimport captive-born tigers (Panthera tigris) and progeny of Dated: June 14, 1996. With respect to Section A, the Caroline Anderson, authority redelegated does not include the animals currently held by the applicant and any animals acquired in Acting Chief, Branch of Permits, Office of the authority to: Management Authority. (a) Effect remedies for noncompliance the United States by the applicant to/ [FR Doc. 96–15647 Filed 6–18–96; 8:45 am] requiring notice and an opportunity for from worldwide locations to enhance an administrative hearing; the survival of the species through BILLING CODE 4310±55±P conservation education. This (b) Grant waivers of the general terms notificatation covers activities and conditions of the community conducted by the applicant over a three Bureau of Land Management development block grant agreement; year period. (c) Determine that an applicant lacks [AK±962±1410±00±P] the legal capacity to assume or carry out PRT–815514 Notice for Publication (AA±55482); environmental review responsibilities; Applicant: African Lion Safari & Game Farm, Alaska Native Claims Selection and Ontario, Canada. (d) Make determinations of the The applicant requests a permit to re- In accordance with Departmental eligibility of Indian Tribes and Alaska export and re-import wild Asian regulation 43 CFR 2650.7(d), notice is Native Villages to participate in the ESG elephants (Elephas maximus) and hereby given that a decision to modify program except that those officials progeny of the animals currently held easement identification of Patent No. designated in Section A may make those by the applicant and any animals 50–85–0412 and Interim Conveyance determinations of eligibility that can be acquired in the United States by the No. 1048, issued pursuant to Par. II and made form lists provided to them each applicant to/from worldwide locations Appendix C, of the Terms and fiscal year by the Assistant Secretary for to enhance the survival of the species Conditions for Land Consolidation and Public and Indian Housing. through conservation education. This Management in the Cook Inlet Area, as Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31145 clarified August 31, 1976, will be issued cumulative effects of mineral Section 7(c) of the Endangered Species to Cook Inlet Region, Inc., for development on the non-mineral Act (as amended), includes the approximately 4,027 acres. The lands resources of southwestern Wyoming Biological Assessment for the purpose involved are in the vicinity of was lacking, including wildlife, and air of identifying any endangered or Salamatof, Alaska. quality; some felt a regional, cumulative threatened species which are likely to Seward Meridian, Alaska EIS should be prepared before any be affected by the proposed action. further development is authorized; and T. 4 N., R. 11 W., T. 7 N., R. 11 W., T. 4 N., Dated: June 6, 1996. R. 12 W., T. 6 N., R. 12 W., T. 7 N., R. some felt land use changes would occur Alan L. Kesterke, causing industrialization of southwest 12 W., T. 8 N., R. 12 W., T. 7 N., R. 14 Associate State Director. W. Wyoming. The final EIS contains a cumulative air quality analysis [FR Doc. 96–15579 Filed 6–18–96; 8:45 am] A notice of the decision will be addendum to the draft EIS and Errata BILLING CODE 4310±84±P published once a week, for four (4) addressing all concerns expressed by consecutive weeks, in the Anchorage commentors. Daily News. Copies of the decision may [AZ-054±06±1990±00; AZA 25589] be obtained by contacting the Alaska DATES: Comments on the final EIS will be accepted for 30 days following the State Office of the Bureau of Land Notice of Realty Action; Recreation Management, 222 West Seventh date that the Environmental Protection Agency (EPA) publishes their Notice of and Public Purposes (R&PP) Act Avenue, #13, Anchorage, Alaska 99513– Classification; Arizona 7599 ((907) 271–5960). Availability in the Federal Register. The EPA notice is expected to be published Any party claiming a property interest AGENCY: on June 21, 1996. Bureau of Land Management, which is adversely affected by the Interior. decision, an agency of the Federal ADDRESSES: Comments on the final EIS government or regional corporation, should be sent to Bureau of Land ACTION: Notice. shall have until July 19, 1996, to file an Management, Bill McMahan (Project appeal. However, parties receiving Coordinator), 280 Highway 191 North, SUMMARY: The following public lands service by certified mail shall have 30 Rock Springs, Wyoming 82901. were examined and found suitable for days from the date of receipt to file an SUPPLEMENTARY INFORMATION: The Moxa classification and lease under the R&PP appeal. Appeals must be filed in the Arch Operators (Amoco Production Act of June 14, 1926, as amended, 43 Bureau of Land Management at the Company, Union Pacific Resources U.S.C. 869 et seq. (see 56 FR 43034, address identified above, where the Company, Wexpro/Celsius Energy August 30, 1991). The lands have now requirements for filing an appeal may be Company, Bannon Energy, Marathon Oil been found suitable for conveyance obtained. Parties who do not file an Company, Presidio Exploration, and under the same act: appeal in accordance with the other companies) propose to continue to Gila and Salt River Meridian, Arizona infill drill additional development wells requirements of 43 CFR part 4, subpart T. 19 N., R. 22 W., E, shall be deemed to have waived their in their leased acreage within the Moxa 1 1 1 1 1 1 Sec. 2, S ⁄2S ⁄2NE ⁄4, N ⁄2N ⁄2SE ⁄4. Arch oil and gas development area rights. The area described contains 80 acres. Gary L. Cunningham, (approximately 476,261 acres) of Land Law Examiner, ANCSA Team, Branch southwestern Wyoming. The expanded The land is not needed for Federal of 962 Adjudication. area, combined with the lands analyzed purposes. Conveyance is consistent with [FR Doc. 96–15553 Filed 6–18–96; 8:45 am] in two previous environmental analysis current BLM land use planning and BILLING CODE 4310±$$±P documents, forms the Expanded Moxa would be in the public interest. Arch Natural Gas Development (Moxa) The patent, when issued, will reserve analysis area. [WY±040±05±1310±01] Collectively, the Moxa Operators’ ditches and canals and all minerals to proposal would continue to infill drill the United States and be subject to the Expanded Moxa Arch Area Natural Gas in the Moxa natural gas field, where 957 terms, conditions and reservations Development Project, Sweetwater, wells are presently active and up to contained in the R&PP Act, all Lincoln, and Uinta Counties, WY; 1,325 additional wells could be drilled applicable regulations of the Secretary Availability of Final Environmental over the next 10 years. The Moxa of the Interior, and all existing third- Impact Statement Operators’ plans and drilling schedules party rights. AGENCY: Lead Agency—Interior, Bureau would be contingent upon both an FOR FURTHER INFORMATION CONTACT: of Land Management; Cooperating increased demand for natural gas Janice Easley, Land Law Examiner, Agencies—Interior, Bureau of supplies in response to the Clean Air Havasu Resource Area, 3189 Sweetwater Reclamation and Fish and Wildlife Act amendments of 1990 and an Avenue, Lake Havasu City, Arizona Service; Agriculture, Forest Service. adequate price for the gas at the 86406, Phone: (520) 855–8017. wellhead. ACTION: Notice of Availability of Final SUPPLEMENTARY INFORMATION: The land Environmental Impact Statement (EIS). The Moxa Arch EIS analyzes the impacts of the Proposed Action—which will remain segregated from all other SUMMARY: The Bureau of Land would allow up to 1,325 new wells, forms of appropriation under the public Management (BLM) announces the Alternative A—which would allow up land laws, including the general mining availability of the Expanded Moxa Arch to 795 new wells (530 fewer than the laws, except for conveyance under the Area Natural Gas Development Project Proposed Action), and Alternative B— R&PP Act and leasing under the mineral Final EIS. The draft EIS was released the No Action Alternative. The draft and leasing laws. April 14, 1995, for a 60-day public final EIS impact analysis focuses on the In the absence of any adverse review. Over 300 copies of the draft EIS resource issues and concerns identified comments, the classification will were issued and 23 comment letters during public scoping and in response become effective 60 days from the date were received. Some comments received to comments received on the draft EIS. of publication of this notice in the expressed concern that the analysis of This draft EIS, in compliance with Federal Register. 31146 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

Dated: June 12, 1996. • August 6 (Tuesday), Talkeetna/ (accommodations, food service, and Mary Jo Yoas, Trapper Creek, Upper Susitna Valley other commercial services) outside the Chief, Lands and Minerals Adjudication Senior Center, 6:30 to 10:30 pm. park. The existing Visitor Access Center Section. • August 7 (Wednesday), Healy, Tri- would be remodeled and expanded to [FR Doc. 96–15572 Filed 6–18–96; 8:45 am] Valley Community Center, 6:30 to 10:00 serve as an interpretive/science center, BILLING CODE 4310±32±P pm. and a new visitor services building and • August 8 (Thursday), Fairbanks, parking would be constructed nearby. Westmark Hotel, 6:30 to 10:00 pm. Camper convenience services would be • National Park Service August 13 (Tuesday), Cantwell, provided in this same area and the Community Hall, 6:30 to 10:00 pm. existing store and temporary shower • Notice of Availability of the Draft August 14 (Wednesday), Denali building removed. Some buildings in Development Concept Plan/ Park, Denali Park Hotel, 6:30 to 10:00 the former hotel area would be Environmental Impact Statement for pm. adaptively used to provide an the Entrance Area/Road Corridor, The first hour of each meeting will be environmental education facility. New Denali National Park and Preserve a discussion session. Representatives of permanent rest areas would be the NPS planning team will be available constructed at Savage and Toklat. AGENCY: National Park Service, Interior. to answer questions and hear your Additional trails would be constructed ACTION: Notice of Availability of the comments in a more informal setting. primarily in the Nenana River and Draft Development Concept Plan/ The rest of the meeting will be a public Savage River areas. New campsites Environmental Impact Statement for the hearing; a brief introduction by the would be developed in the entrance Entrance Area/Road Corridor, Denali planning team will be followed by area, the Nenana River corridor, and in National Park and Preserve. public testimony on the plan. the Kantishna area. Road maintenance The draft DCP/EIS includes five and repair would be upgraded to SUMMARY: The National Park Service alternatives for providing for visitor use address safety concerns and major announces the availability of a Draft and resource protection and related structural failures along the park road. Development Concept Plan/ facility development in the front These actions would be phased in over Environmental Impact Statement (DCP/ country of Denali National Park and the 15- to 20-year life of the plan. EIS) for the Entrance Area/Road Preserve. The front country includes all Alternative A (No Action—Continue Corridor (Front Country) of Denali non-wilderness areas along the Parks Current Management Direction) National Park and Preserve. The Highway, the Riley Creek/headquarters represents no change from current document describes and analyzes the area, and the park road corridor to the management direction. With the environmental impacts of a proposed Kantishna airstrip. The five alternatives exception of development concepts not action and three other action include a no action alternative and four yet implemented, it continues the alternatives for visitor facilities and action alternatives. The proposed action present course of action set forth in services. A no action alternative also is is based on the recommendations of the existing management plans and evaluated. This notice announces the Denali Task Force, a committee formed guidance documents including the dates and locations of public hearings to at the request of the Secretary of the Statement for Management (1995) and solicit comments on the draft DCP/EIS. Interior in 1994, on proposals received the General Management Plan/Land DATES: Comments on the draft DCP/EIS during public scoping, on previous Protection Plan/Wilderness Suitability must be received no later than August plans, and on planning team work and Review (1986). This alternative 19, 1996. Hearing dates, times, and impact analysis. represents the existing situation in the locations are listed under Facilities and services considered in park, so existing facilities and services Supplementary Information, below. the proposed action and in each would remain. For example, the alternative include visitor ADDRESSES: Comments on the draft temporary park hotel would be accommodations, campgrounds, camper DCP/EIS should be submitted to the rehabilitated as funds allow, adaptive conveniences, interpretive facilities, Superintendent, Denali National Park use of historic structures and transportation, parking, bus tours, and Preserve, Post Office Box 9, Denali overcrowding of administrative space bicycle use, rest and picnic areas, Park, Alaska 99755. Copies of the draft would continue, campgrounds would concessions, road maintenance, trails, DCP/EIS are available by request from not be expanded, and no new trail employee housing, administrative and the aforementioned address. construction or additional trail support facilities, airstrips, and utility maintenance would be done. FOR FURTHER INFORMATION CONTACT: systems. The alternatives differ in Alternative B (Implement Mike Tranel, Denali National Park and construction costs, extent and location Development Concepts from Previous Preserve. Telephone: (907) 683–9552 of visitor facilities, and corresponding Plans) would fully implement previous FAX: (907) 683–9612. environmental, social, and economic planning decisions and development SUPPLEMENTARY INFORMATION: Pursuant impacts. concepts contained in approved plans to section 102(2)(C) of the National The Proposed Action (Alternative D) such as the 1986 General Management Environmental Policy Act of 1969 (P.L. would provide visitor facilities and Plan and the 1992 Amendment to the 91–190, as amended), the National Park services in the front country to meet a 1983 Development Concept Plan/ Service, has prepared a draft DCP/EIS wide range of visitor needs and Environmental Assessment for the park for proposed visitor facilities and interests. Front country developments road corridor and 1987 addendum (1992 services on the front country Denali would be limited to actions in which Riley Creek Amendment). These National Park and Preserve in Alaska. the NPS has traditionally specialized, documents not only propose additional Information meetings and public such as interpretive centers, facilities throughout the park to support hearings are scheduled in Alaska on the environmental education opportunities, NPS operations; they also propose dates and at the times and locations trails, and campgrounds. The park hotel increased visitor services and facilities indicated below. would be closed, and the NPS would within the park entrance area. Examples • August 5 (Monday), Anchorage, encourage the private sector to develop of new facilities proposed include a new Egan Center, Room 56, 6:30 to 10:00 pm. visitor service facilities hotel and camper convenience center to Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31147 replace existing temporary facilities, a Office of Surface Mining Reclamation automated means of collection of the hostel in the entrance area, a new and Enforcement information. A summary of the public interpretive center with additional comments will be included in OSM’s administrative space, a 50-site Notice of Proposed Information submissions of the information expansion to Riley Creek campground, Collection collection requests to OMB. The following information is provided and upgraded trail maintenance in the AGENCY: Office of Surface Mining entrance area. Reclamation and Enforcement. for each information collection: (1) title of the information collection; (2) OMB Alternative C (Reduce Facilities and ACTION: Notice and request for control number; (3) summary of the Services Inside Park) would reduce the comments. information collection activity; and (4) level of development and visitor SUMMARY: In compliance with the frequency of collection, description of services inside the park and encourage the respondents, estimated total annual the private sector to provide necessary Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation responses, and the total annual new facilities such as overnight reporting and recordkeeping burden for accommodations, campgrounds, and and Enforcement (OSM) is announcing its intention to request approval for the the collection of information. camper conveniences outside the park Title: State and Tribal Reclamation boundary. Major new park facilities collections of information for 30 CFR parts 886 and 887. Grants—30 CFR 886. such as an interpretive center and an OMB control Number: 1029–0059. environmental education center would DATES: Comments on the proposed information collection must be received Summary: States and Indian tribes be constructed outside the park as well. participating in the Abandoned Mined The park entrance area would function by August 19, 1996 to be assured of consideration. Land Reclamation Fund (AMLR) primarily as a staging area for trips Program are requested to cooperate with ADDRESSES: . Comments may be mailed farther into the park rather than as a OSM in developing budget information to John A. Trelease, Office of Surface destination in itself. This alternative for use by the Director, OSM, in the Mining Reclamation and Enforcement, allows for minimizing resource impacts preparation of his request to Congress 1951 Constitution Ave, NW., Room 120– and therefore maximizing resource for appropriation of monies from the SIB, Washington, DC 20240. protection inside the park. AMLR as authorized by section 405(f) of FOR FURTHER INFORMATION CONTACT: Alternative E (Emphasize Visitor the Surface Mining Control and To request a copy of the information Services and Recreational Opportunities Reclamation Act of 1977. collection request, explanatory Within the Park) would significantly Bureau Form Number: OSM–49. information and related forms, contact Frequency of Collection: Annually. enhance the visitor experience by John A. Trelease, at (202) 208–2783. concentrating new development inside Description of Respondents: State and SUPPLEMENTARY INFORMATION: the park and providing a diversity of The Office Tribal reclamation authorities. of Management and Budget (OMB) visitor facilities and services in the front Total Annual Responses: 26. regulations at 5 CFR 1320, which country to meet a wide range of visitor Tatal Annual Burden Hours: 130 implement provisions of the Paperwork needs and interests. The NPS would hours Reduction Act of 1995 (Pub. L. 104–13), take the leading role in providing new require that interested members of the Title: Subsidence Insurance Program visitor services. A new hotel would public and affected agencies have an Grants—30 CFR 887. replace the existing temporary building, opportunity to comment on information OMB Control Number: 1029–0107. and a hostel or similar low-cost collection and recordkeeping activities Summary: States having an approved accommodations would be constructed (see 5 CFR 1320.8 (d)). This notice reclamation plan may establish, at a separate location. A new identifies information collections that administer and operate self-sustaining interpretive center, a camper OSM will be submitting to OMB for state-administered programs to insure conveniences center, and an extension. These collections are private property against damages caused environmental education facility would contained in 30 CFR part 886, State and by land subsidence resulting from be constructed just north of Riley Creek Tribal Reclamation Grants; and part 887, underground mining. States interested Campground. Additional campsites Subsidence Insurance Program Grants. in requesting monies for their insurance would be developed throughout the OSM has revised burden estimates, programs would apply to the Director of front country. New permanent rest areas where appropriate, to reflect current OSM. would be constructed at Toklat and reporting levels or adjustments based on Bureau Form Number: None. Savage, and trails would be upgraded reestimates of burden or respondents. Frequency of Collection: Once. and expanded at several locations. Road OSM will request a 3-year term of Description of Respondents: States maintenance and repair along the park approval for each information collection with approved coal reclamation plans. road would be upgraded to address activity. Total Annual Responses: 0. documented structural problems as well Comments are invited on: (1) the need Total Annual Burden Hours: 1. as safety concerns and actual structural for the collection of information for the Dated: June 14, 1996. failures. performance of the functions of the Gene E. Krueger, Dated: June 6, 1996. agency; (2) the accuracy of the agency’s burden estimates; (3) ways to enhance Acting Chief, Office of Technology Robert D. Barbee, Development and Transfer. the quality, utility and clarity of the Field Director, Alaska Field Office. information collection; and (4) ways to [FR Doc. 96–15623 Filed 6–18–96; 8:45 am] [FR Doc. 96–15451 Filed 6–18–96; 8:45 am] minimize the information collection BILLING CODE 4310±05±M BILLING CODE 4310±70±P burden on respondents, such as use of 31148 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

INTERNATIONAL TRADE of 1930, as amended (19 U.S.C. § 1337), ADDRESSES: The complaint, except for COMMISSION and section 210.42 of the Commission’s any confidential information contained final Rules of Practice and Procedure therein, is available for inspection [Investigation No. 337±TA±380] (19 CFR § 210.42). during official business hours (8:45 a.m. Certain Agricultural Tractors Under 50 Copies of the ID and all other to 5:15 p.m.) in the Office of the Power Take-Off Horsepower; Notice of nonconfidential documents filed in Secretary, U.S. International Trade Commission Determination Not To connection with this investigation are Commission, 500 E Street, S.W., Room Review an Initial Determination Finding available for inspection during official 112, Washington, D.C. 20436, telephone Three Respondents To Be in Default business hours (8:45 a.m. to 5:15 p.m.) 202–205–1802. Hearing-impaired in the Office of the Secretary, U.S. individuals are advised that information AGENCY: U.S. International Trade International Trade Commission, 500 E on this matter can be obtained by Commission. Street, S.W., Washington, D.C. 20436, contacting the Commission’s TDD ACTION: Notice. telephone 202–205–2000. Hearing terminal on 202–205–1810. impaired persons are advised that SUMMARY: Notice is hereby given that FOR FURTHER INFORMATION CONTACT: information on the matter can be Smith R. Brittingham IV, Esq., Office of the U.S. International Trade obtained by contacting the Commission had determined not to Unfair Import Investigations, U.S. Commission’s TDD terminal at 202– International Trade Commission, review the initial determination (ID) of 205–1810. the presiding administrative law judge telephone 202–205–2576. (ALJ) in the above-captioned Issued: June 10, 1996. Authority: The authority for institution of investigation finding respondents By order of the Commission. this investigation is contained in section 337 Tractor Company, Sonica Trading, Inc. Donna R. Koehnke, of the Tariff Act of 1930, as amended, and (Sonica Trading), and Toyo Service Co., Secretary. in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10. Ltd. (Toyo Service) in default, and to [FR Doc. 96–15610 Filed 6–18–96; 8:45 am] have waived their respective rights to BILLING CODE 7020±02±P SCOPE OF INVESTIGATION: Having appear, to be served with documents, considered the complaint, the U.S. and to contest the allegations at issue in International Trade Commission, on the investigation. [Inv. No. 337±TA±388] June 12, 1996, ORDERED THAT— FOR FURTHER INFORMATION CONTACT: Certain Dynamic Random Access (1) Pursuant to subsection (b) of Shara L. Aranoff, Esq., Office of the Memory Controllers and Certain Multi- section 337 of the Tariff Act of 1930, as General Counsel, U.S. International Layer Integrated Circuits, as well as amended, an investigation be instituted Trade Commission, 500 E Street, S.W., Chipsets and Products Containing to determine whether there is a Washington, D.C. 20436, telephone 202– Same; Notice of Investigation violation of subsection (a)(1)(B) of 205–3090. section 337 in the importation into the SUPPLEMENTARY INFORMATION: Neither AGENCY: U.S. International Trade United States, the sale for importation, Tractor Company, Sonica Trading, nor Commission. or the sale within the United States after Toyo Service filed a response to the ACTION: Institution of investigation importation of certain dynamic random notice of investigation or the complaint, pursuant to 19 U.S.C. § 1337. access memory controllers and certain a discovery statement, a target date multi-layer integrated circuits, as well statement, or responses to complainants’ SUMMARY: Notice is hereby given that a as chipsets and products containing discovery requests. On April 8, 1996, complaint was filed with the U.S. same, by reason of infringement of complainants Kubota Tractor International Trade Commission on May claims 1, 2, 5, 7, or 15 of United States Corporation, Kubota Manufacturing of 13, 1996, under section 337 of the Tariff Letters Patent 5,307,320, or claims 1 or America Corporation, and Kubota Act of 1930, as amended, 19 U.S.C. 11 of United States Letters Patent Corporation moved that Tractor § 1337, on behalf of Intel Corporation, 4,775,550; and whether there exists an Company, Sonica Trading, and Toyo 2200 Mission College Boulevard, Santa industry in the United States as required Service be ordered to show cause why Clara, California 95052- 8119. The by subsection (a)(2) of section 337. they should not be found in default, and complaint was amended on May 24, (2) For the purpose of the if they failed to make such a showing, 1996, and June 4, 1996, and investigation so instituted, the following that an ID be issued finding them to be supplemented on May 28, 1996. The are hereby named as parties upon which in default. On April 17, 1996, the ALJ complaint, as amended and this notice of investigation shall be ordered the subject respondents to show supplemented, alleges violations of served: section 337 in the importation into the cause no later than May 3, 1996, why (a) The complainant is—Intel United States, the sale for importation, each should not be found in default Corporation, 2200 Mission College and the sale within the United States (Order No. 8). None of the three Boulevard, Santa Clara, California after importation of certain dynamic respondents filed a response to the 95052–8119. order. Accordingly, on May 8, 1996, the random access memory controllers and (b) The respondents are the following ALJ issued an ID (Order No. 13) finding certain multi-layer integrated circuits, as companies alleged to be in violation of Tractor Company, Sonica Trading, and well as chipsets and products section 337, and are the parties upon Toyo Service in default pursuant to containing same, that infringe claims 1, which the complaint is to be served: Commission final rule 210.16, and 2, 5, 7, and 15 of United States Letters ruling that they had waived their Patent 5,307,320, and claims 1 and 11 United Microelectronics Corporation, respective rights to appear, to be served of United States Letters Patent No. 13 Innovation Road I, Science- with documents, and to contest the 4,775,550. Based Industrial Park, Hsinchu, allegations at issue in the investigation. The complainant requests that the Taiwan No petitions for review of the ID were Commission institute an investigation Silicon Integrated Systems Corporation, received. and, after a hearing, issue a permanent 2F No. 17 Innovation Rd. I, Science- This action is taken under the exclusion order and permanent cease Based Industrial Park, Hsinchu, authority of section 337 of the Tariff Act and desist orders. Taiwan Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31149

Silicon Integrated Systems Corporation Office of Unfair Import Investigations is Systems of Saclay, France as (U.S.), 240 North Wolfe Road, designated as the Commission respondents. Sunnyvale, California 94806 investigative attorney in the above-cited On May 1, 1996, Bull HN Information Integrated Technology Express, 2388 investigation instead of John M. Systems, Inc. of Billerica, Massachusetts Walsh Avenue, Santa Clara, California Whealan, Esq. moved to intervene in the permanent 95051 Dated: June 10, 1996. relief phase of the investigation. The motion was opposed by Quickturn and (c) Smith R. Brittingham IV, Esq., Lynn I. Levine, Office of Unfair Import Investigations, supported by Mentor and Meta. The Director, Office of Unfair Import Commission investigative attorney did U.S. International Trade Commission, Investigations, 500 E Street, S.W., 500 E Street, S.W., Room 401–M, Washington, D.C. 20436. not oppose the motion. Washington, D.C. 20436, shall be the On May 14, 1996 the presiding ALJ [FR Doc. 96–15605 Filed 6–18–96; 8:45 am] Commission investigative attorney, issued an ID (Order No. 30) granting party to this investigation; and BILLING CODE 7020±02±P Bull’s motion to intervene. Quickturn (3) For the investigation so instituted, filed a petition for review of the ID, and the Honorable Sidney Harris is Mentor, Meta, and Bull filed designated as the presiding [Investigation No. 337±TA±383] oppositions to the petition. This action is taken pursuant to administrative law judge. Certain Hardware Logic Emulation Responses to the complaint and the section 337 of the Tariff Act of 1930, as Systems and Components Thereof; notice of investigation must be amended (19 U.S.C. § 1337), and Notice of Commission Determination submitted by the named respondents in Commission rule 210.42 (19 C.F.R. not to Review an Initial Determination accordance with section 210.13 of the § 210.42). Granting the Motion of Bull HN Commission’s Rules of Practice and Copies of the ALJ’s ID and all other Information Systems, Inc. To Intervene Procedure, 19 CFR 210.13. Pursuant to nonconfidential documents filed in in the Permanent Relief Phase of the sections 201.16(d) and 210.13(a) of the connection with this investigation are or Commission’s Rules, 19 CFR 201.16(d) Investigation will be available for inspection during and 210.13(a), such responses will be AGENCY: U.S. International Trade official business hours (8:45 a.m. to 5:15 considered by the Commission if Commission. p.m.) in the Office of the Secretary, U.S. received not later than 20 days after the ACTION: Notice. International Trade Commission, 500 E date of service by the Commission of the Street, S.W., Washington, D.C. 20436, complaint and the notice of SUMMARY: Notice is hereby given that telephone 202–205–2000. Hearing- investigation. Extensions of time for the U.S. International Trade impaired individuals are advised that submitting responses to the complaint Commission has determined not to information about this matter can be will not be granted unless good cause review the presiding administrative law obtained by contacting the therefor is shown. judge’s (ALJ’s) initial determination (ID) Commission’s TDD terminal, 202–205– Failure of a respondent to file a timely in the above-captioned investigation 1810. response to each allegation in the granting the motion of Bull HN Issued: June 12, 1996. complaint and in this notice may be Information Systems, Inc. to intervene By order of the Commission. deemed to constitute a waiver of the in the permanent relief phase of the Donna R. Koehnke, right to appear and contest the investigation. allegations of the complaint and this Secretary. FOR FURTHER INFORMATION CONTACT: Tim notice, and to authorize the [FR Doc. 96–15607 Filed 6–18–96; 8:45 am] Yaworski, Esq., Office of the General administrative law judge and the BILLING CODE 7020±02±P Counsel, U.S. International Trade Commission, without further notice to Commission, 500 E Street, S.W., the respondent, to find the facts to be as Washington, D.C. 20436, telephone 202– alleged in the complaint and this notice DEPARTMENT OF JUSTICE 205–3096. and to enter both an initial determination and a final determination SUPPLEMENTARY INFORMATION: On Federal Prison Industries, Inc. containing such findings, and may January 26, 1996, Quickturn Design Planning, Research and Activation result in the issuance of a limited Systems, Inc. of Mountain View, Branch; Agency Information Collection exclusion order or a cease and desist California filed a complaint with the Activities: Proposed Collection; order or both directed against such Commission alleging a violation of Comment Request respondent. section 337 of Tariff Act of 1930 in the importation, the sale for importation, Issued: June 12, 1996. ACTION: Notice of Information Collection and the sale within the United States under Review; Public Involvement By order of the Commission. after importation of certain hardware Procedures Regarding Proposals to Donna R. Koehnke, logic emulation systems and Produce New Products or Expand the Secretary. components thereof by reason of Production of Existing Products. [FR Doc. 96–15608 Filed 6–18–96; 8:45 am] infringement of certain U.S. patents BILLING CODE 7020±02±P owned by Quickturn. Quickturn also The proposed information collection filed a motion for temporary relief on is published to obtain comments from the same date. the public. Emergency review of this [Investigation No. 337±TA±382] The Commission instituted an collection has been requested from OMB Certain Flash Memory Circuits and investigation of Quickturn’s complaint, by June 14, 1996. This approval is only Products Containing Same; Notice of provisionally accepted its motion for valid for 90 days. Regular review of this Change of Commission Investigative temporary relief, and published a notice proposed collection is also being Attorney of investigation in the Federal Register undertaken at this time. Comments are on March 8, 1996. 61 Fed. Reg. 9486. encouraged and will be accepted for 60 Notice is hereby given that, as of this The notice named Mentor Graphics days from the date listed at the top of date, Juan S. Cockburn, Esq. of the Corp. of Wilsonville, Oregon and Meta this page in the Federal Register. 31150 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

I. Summary are to respond, including through the supporting documentation, may be FPI is administered by a board of six use of appropriate automated, obtained by calling the Department of directors who are appointed by the electronic, mechanical or other Labor Acting Departmental Clearance President to oversee FPI’s operations. technological collection techniques or Officer, Theresa M. O’Malley (202 219– The Board of Directors represent other forms of information technology, 5095). Individuals who use a Industry, Labor, Agriculture, Retailers & e.g., permitting electronic submission of telecommunications device for the deaf Consumers, the Department of Defense, responses. (TTY/TDD) may call 202 219–4720 and the Attorney General. All proposals If you have comments, suggestions or between 1:00 p.m. and 4:00 p.m. Eastern for the production of new products or need a copy of the proposed information time, Monday through Friday. the expansion of existing production collection, please contact Edward J. Comments should be sent to Office of must be approved by the Board. Spear, Planning, Research and Information and Regulatory Affairs, The product approval process was Activation, 202–508–8400, Federal Attn: OMB Desk Officer for (BLS/DM/ articulated by Congress in 1988 Prison Industries, Inc., ACACIA ESA/ETA/OAW/MSHA/OSHA/PWBA/ revisions to 18 U.S.C. 4122. FPI, in Building, 320 First Street, NW, VETS), Office of Management and conjunction with private industry, Washington, D.C. 20534 or via facsimile Budget, Room 10235, Washington, DC established the Public Involvement at 202–628–0855. 20503 (202 395–7316), by July 19, 1996. The OMB is particularly interested in Procedures and definitions. These III. Overview of this information procedures implement the requirements comments which: collection • set forth in 18 U.S.C. 4122. The statute Evaluate whether the proposed requires FPI to ‘‘invite such trade (1) Type of information collection: collection of information is necessary associations to submit comments on New Collection. for the proper performance of the those plans.’’ In addition, the statute (2) Title: Public Involvement functions of the agency, including requires that the FPI provide industry Procedures Information Collection. whether the information will have (3) Affected public: Business, representatives ‘‘a reasonable practical utility; including for profit manufacturers and • opportunity * * * to present comments Evaluate the accuracy of the dealers of the particular product that is directly to the board of directors on the agency’s estimate of the burden of the proposal.’’ The public involvement under consideration for expanded or proposed collection of information, procedures allows for input by all new production by FPI. including the validity of the (4) Burden Statement: An estimate of interested parties both in writing and methodology and assumptions used; the total number of respondents and the • through in-person hearings before the Enhance the quality, utility, and amount of time estimated for an average Board of Directors. There are several clarity of the information to be respondent to respond: 125 responses at methods through which information is collected; and 3.5 hours, or 210 minutes per comment. • collected. Private Industry may provide Minimize the burden of the The total public burden (in hours) comments directly to the research team collection of information on those who that is writing the proposal to the Board, associated with this collection is are to respond, including through the the Ombudsman who serves as a liaison estimated at 437.5 total annual burden use of appropriate automated, between private industry and the Board hours. electronic, mechanical, or other If additional information is required or they can make comments directly at technological collection techniques or contact: Mr. Robert B. Briggs, Clearance the Board hearing on the proposed other forms of information technology, Officer, United States Department of expansion or new product. These e.g., permitting electronic submission of Justice, Information Management and comments become part of the public responses. Security Staff, Justice Management record presented to the Board of Agency: Bureau of Labor Statistics. Directors on the new product or Division, Suite 850, Washington, D.C. Title: Report on Occupational expansion proposal. As such, they are 20530. Employment. considered by the Board of Directors in Dated: June 13, 1996. OMB Number: 1220–0042. making a decision on an FPI proposal. Robert B. Briggs, Agency Number: BLS 2877. Frequency: Annually. II. Request for Comments Department Clearance Officer, United States Department of Justice. Affected Public: Business or other for- The purpose of this notice is to [FR Doc. 96–15457 Filed 6–18–96; 8:45 am] profit; Not-for-profit institutions; State, Local or Tribal Government. request written comments and BILLING CODE 4410±06±M suggestions from the public and affected Number of Respondents: 316,680. agencies concerning the proposed Estimated Time Per Respondent: 30 minutes to 4 hours. collection of information. Your DEPARTMENT OF LABOR comments should address one or more Total Burden Hours: 237,510. Total Annualized capital/startup of the following points: Office of the Secretary (1) Evaluate whether the proposed costs: 0. collection of information is necessary Submission for OMB Review; Total annual costs (operating/ for the proper performance of the Comment Request maintaining systems or purchasing functions of the agency, including services): 0. whether the information will have June 13, 1996. Description: The Occupational practical utility; The Department of Labor (DOL) has Employment Statistics (OES) survey is a (2) Evaluate the accuracy of the submitted the following public Federal/State sample survey of agency’s estimate of the burden of the information collection requests (ICRs) to employment by occupation of non-farm proposed collection of information; the Office of Management and Budget establishments that is used to produce (3) Enhance the quality, utility and (OMB) for review and approval in data on current occupational clarity of the information to be accordance with the Paperwork employment and wages. The survey is a collected; and Reduction Act of 1995 (P.L. 104–13, 44 component in the development of (4) Minimize the burden of the U.S.C. Chapter 35). Copies of these employment and training programs, and collection of information on those who individual ICRs, with applicable occupational information systems. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31151

Agency: Bureau of Labor Statistics. OMB Number: 1220–0076. Affected Public: Business or other for- Title: Hours at Work Survey. Frequency: Annually. profit.

Form No. Affected industries Respondents Average time per response Total burden

BLS 2000N ...... Service-Producing ...... 2,125 1 hour ...... 2,125 BLS 2000N1 ...... Service-Producing ...... 2,215 1 hour ...... 2,125 BLS 2000P ...... Goods-Producing ...... 2,875 1 hour ...... 2,875 BLS 2000P1 ...... Goods-Producing ...... 2,875 1 hour ...... 2,875 RAS ...... 1,000 15 minutes ...... 250 Total Burden Hours ...... 10,250

Total Annualized capital/startup requirements for such authorization use of appropriate automated, costs: 0. have been met. electronic, mechanical, or other Total annual costs (operating/ Theresa M. O’Malley, technological collection techniques or maintaining systems or purchasing Acting Departmental Clearance Officer. other forms of information technology, services): 0. [FR Doc. 96–15533 Filed 6–18–96; 8:45 am] e.g., permitting electronic submissions of responses. Description: Ratios of hours at work to BILLING CODE 4510±24±M hours paid are needed to measure labor Agency: Employment and Training input for productivity statistics. The Administration. Submission for OMB Emergency ratios of hours at work to hours paid Title: Summer Youth Employment Review; Comment Request provided by this survey are used to and Training Program. convert hours paid by employees, which June 13, 1996. OMB Number: 1205–0new. are based on data from the Current The Department of Labor has Frequency: Other (mid/end of Employment Statistic Program, to hours submitted the following (see below) summer). at work. The resulting hours at work information collection request (ICR), Affected Public: State, local, or tribal measures are then incorporated into the utilizing emergency review procedures, government. Bureau’s labor and multifactor to the Office of Management and Budget Number of Respondents: 640. productivity statistics published (OMB) for review and clearance in annually and quarterly. The collection accordance with the Paperwork Estimated Time Per Respondent: 1 of information on hours at work began Reduction Act of 1995 (Pub. L. 104–13, hour. in 1982 and must be done annually 44 U.S.C. Chapter 35). OMB approval Total Burden Hours: 1,280. because of the cyclical sensitivity of has been requested by June 20, 1996. A Total Burden Cost (capital/startup): 0. productivity measures. copy of this ICR, with applicable Total Burden Cost (operating/ Agency: Employment Standards supporting documentation, may be maintaining): 0. obtained by calling the Department of Administration. Description: The Employment and Labor Acting Departmental Clearance Training Administration (ETA) has Title: Application for Certificate to Officer, Theresa M. O’Malley ((202) oversight responsibilities for the Employ Learners at Subminimum 219–5095). Summer Youth Employment Training Wages. Comments and questions about the Program (SYETP) under the Job Training OMB Number: 1215–0012. ICR listed below should be forwarded to Partnership Act (JTPA) (Pub. L. 102– the Office of Information and Regulatory Agency Number: WH–209. 376). As part of this oversight effort, the Affairs, Attn: OMB Desk Officer for the summer enrollment levels will be Frequency: Annually. Employment and Training monitored. The State and service Affected Public: Individuals or Administration, Office of Management delivery area enrollment data, collected households; Business or other for-profit; and Budget, Room 10235, Washington, on July 22 and September 20, will Not-for-profit institutions; Farms; State, DC 20503 ((202) 395–7316). include planned enrollment, a ‘‘best Local or Tribal Government. The Office of Management and Budget estimate’’ total cumulative enrollment, is particularly interested in comments Number of Respondents: 2. and a ‘‘best estimate’’ of the number which: enrolled in educational services. The Estimated Time Per Respondent: 30 • Evaluate whether the proposed latter enrollment estimate is for minutes. collection of information is necessary informational purposes only, as there is Total Burden Hours: 1. for the proper performance of the no goal for educational service functions of the agency, including Total Annualized capital/startup participation this year. This enrollment whether the information will have costs: 0. data will reflect only those participants practical utility; Total annual costs (operating/ • Evaluate the accuracy of the who have been enrolled in an maintaining systems or purchasing agency’s estimate of the burden of the educational and/or work experience- services): 0007. proposed collection of information, type activity. Those youth who receive Description: Employers are required including the validity of the only objective assessment and by the Department of Labor to submit an methodology and assumptions used; individual service strategy services will application for authorization to pay • Enhance the quality, utility, and not be included in the enrollment learners subminimum wages under the clarity of the information to be reports. provisions of section 14(a) of the Fair collected; and Theresa M. O’Malley, Labor Standards Act. The Department • Minimize the burden of the Acting Departmental Clearance Officer. reviews this information to determine collection of information on those who [FR Doc. 96–15552 Filed 6–18–96; 8:45 am] whether the statutory and regulatory are to respond, including through the BILLING CODE 4510±30±M 31152 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

Job Training Partnership Act (JTPA), registered apprenticeship employment copies of the Technical Proposal and Title IV±D, Demonstration Program: programs. two (2) copies of the Cost Proposal) Women in Apprenticeship and (2) COMPUTER-BASED shall be submitted to the U.S. Nontraditional Occupations TELECOMMUNICATIONS NETWORK: Department of Labor, Office of The proposed program (submitted by a Procurement Services, Room N–5416, AGENCY: Women’s Bureau, U.S. CBO with documented activity-specific Reference SGA 96–05, 200 Constitution Department of Labor. experience) is designed to provide for Avenue, N.W., Washington, D.C. 20210, ACTION: Notice of Availability of Funds the maintenance and development of not later than 4:45 p.m. EST, July 31, and Solicitation for Grant Applications regional and national computer-based 1996. All applications must be received (SGA 96–05). telecommunications networks to by the Office of Procurement Services provide customized off-site technical by that time. SUMMARY: All information required to assistance to small and medium size ADDRESSES: Applications shall be submit a proposal is contained in this private sector employers and labor mailed to the U.S. Department of Labor, announcement. All applicants for grant organizations in their development and Office of Procurement Services, funds should read this notice in its implementation of strategies to make Attention: Lisa Harvey, Reference SGA entirety and respond to its specificity. workplace policy and work practice 96–05, Room N–5416, 200 Constitution The U.S. Department of Labor (DOL), changes to support the recruitment, Avenue, N.W., Washington, D.C. 20210. training, and retention of women in Women’s Bureau (WB) announces its SUPPLEMENTARY INFORMATION: This Solicitation for Grant Applications apprenticeship and nontraditional occupations in individual private sector announcement consists of five parts: (SGA) first authorized under the Women Part I describes the background of this in Apprenticeship and Nontraditional workplaces. Such technical assistance activities should promote the WANTO grant program and identifies Occupations (WANTO) Act by its its policy and topics. Part II describes competitive technical assistance grant employment of women in apprenticeship and nontraditional the application process, providing program for community-based detailed guidelines for use in applying organizations (CBOs). The WANTO occupations. (3) GEOGRAPHIC SPECIFIC: The for demonstration grants. Part III competitive grant program is funded includes the Statement of Work and Key through Job Training Partnership Act proposed technical assistance program (submitted by a CBO with documented Features of the demonstration program. (JTPA), Title IV-D demonstration Part IV identifies and defines the program. WANTO is co-administered by activity-specific experience) is designed to implement activities to strengthen evaluation criteria to be used in the Women’s Bureau (WB) and the reviewing and evaluating applications. Bureau of Apprenticeship and Training technical assistance to private-sector employers and labor organizations in Part V describes the deliverables and (BAT), Employment and Training reporting requirements. Administration (ETA), with the WB the Southeast and Southwest regions of the United States who want assistance having responsibility for implementing Part I. Background in the development and implementation the competitive technical assistance of strategies that provide for workplace Improving women’s employment program grants. The Department expects changes in policies and work practices opportunities and other employment to award up to five (5) grants to to support women in apprenticeship related equity and social issues to Community-Based Organizations (CBOs) and nontraditional occupations, promote women in the work force has to provide technical assistance to particularly as cited in (1) and (2) above. been the driving force of the Women’s private sector employers and labor Such technical assistance activities Bureau since its inception in 1920. organizations to encourage the should promote the employment of Within the Department of Labor, the employment of women in minority women in apprenticeship and Director serves as the policy advisor on apprenticeship and nontraditional nontraditional occupations. women’s issues to the Secretary and occupations in private sector MOREOVER, the Department will other DOL agencies charged with employment. give up to twenty-five (25) bonus rating improving the economic and workplace With this year’s competition, the points to proposals reflecting the above life of American workers. Department will give priority criteria when the proposal includes (1) The Women’s Bureau has a history of consideration to applications where established partnership with the encouraging women to consider the proposals are: employers and labor organizations that wide array of apprenticeable and other (1) LARGE PROJECT SPECIFIC: The expands the dollar amount, size and occupations nontraditional to women. proposed technical assistance program scope of the proposal; and (2) specific These jobs include the traditional (submitted by a CBO with documented and written commitment with timeline skilled trades such as carpenter, activity-specific experience) is designed for the employment of women in plumber, electrician, sheetmetal worker, to assist private sector employers and registered apprenticeship and/or or welder in the construction industry, labor organizations (with large project nontraditional employment. as well as jobs in the electronics contracts) to increase women’s This notice describes the background, industries, other technical jobs that employment on large employment the application process, statement of require computer-based skills to projects (multi-year and $multi-million) work, evaluation criteria, and reporting customize, service, build and repair in private and/or public economic requirements for Solicitation for Grant precision machinery in manufacturing, development (including building) Applications (SGA 96–05). WB and other technical computer-based jobs projects in construction, transportation, anticipates that a total amount of in the service sector industries such as utilities and telecommunications $610,000 will be available for the health care, finance, utilities, industries. Such technical assistance support of all grants using telecommunications and transportation. activities include strategies for demonstration funding. The WB will In fulfilling their responsibilities to developing and implementing changes provide the technical and policy promote profitable employment in workplace policy and work practices leadership with this project. opportunities for women, the Bureau of to support the employment of women, DATES: One (1) ink-signed original, Apprenticeship and Training and the particularly in entering and completing complete grant application (plus five (5) Women’s Bureau have come together to Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31153 jointly administer the Women in Apprenticeship and Nontraditional directly to the Department of Labor, Apprenticeship and Nontraditional Occupations (WANTO) Act, the OASAM, Office of Procurement Occupations (WANTO) Act and its Women’s Bureau is continuing to Services, Attention: Lisa Harvey, technical assistance demonstration develop a data bank of (1) employers Washington, D.C. 20210 or (2) the program grants. and labor organizations seeking request may be included with the CBOs The Women’s Bureau co-administers technical assistance and (2) with whom there is an agreement to WANTO with the Bureau of organizations with experience working partnership in preparing the response to Apprenticeship and Training (BAT), to promote the employment of women SGA 96–05. formerly the Apprentice-Training in apprenticeship and nontraditional B. Contents Service. BAT was established in 1937 as employment. The Bureau will update the national administrative agency in and expand its directory of To be considered responsive to the the Department of Labor to carry out the apprenticeship and nontraditional Solicitation for Grant Applications objectives of the National training and employment programs (SGA), each application must consist of Apprenticeship Law, guided by the serving women to function as a catalyst and follow the order of the sections recommendations of the Federal in developing a listing of employers and listed in Part III of this solicitation. The Committee on Apprenticeship. BAT has labor organizations and experienced applicant must also include information the objective to stimulate and assist NTO community-based organizations which the applicant believes will industry in the development, expansion, (CBOs) into a data base referred to as the address the selection criteria identified and improvement of apprenticeship and ‘‘WANTO Referral Network.’’ To list in Part IV. Technical proposals shall not training programs designed to provide your preapprenticeship, apprenticeship, exceed 20 single sided, double spaced, the skilled workers required by the or nontraditional occupational training 10 to 12 pitch typed pages (not American economy. or placement program with the Bureau’s including attachments). ANY Definitions. Nontraditional ‘‘WANTO Referral Network,’’ please PROPOSALS THAT DO NOT Occupations are those where women provide the following information: CONFORM TO THESE STANDARDS account for less than 25 percent of the (1) Program Name: SHALL BE DEEMED NON-RESPONSIVE persons employed in a single (2) Administrative Agency: TO THIS SGA AND WILL NOT BE occupational group. Generally speaking, (3) Address: EVALUATED. Apprenticeship includes a formal paid (4) Executive Director: 1. Technical Proposal training-work agreement where labor (5) Contact Person: and management work together to (6) Contact Telephone Number: Each proposal shall include (a) a two promote learning on the job; to support (7) Brief Description of Services: (2) page abstract which summarizes the the ‘‘hands on’’ learning, there must be Please send your response to: proposal and (b) a full description of the related theoretical instruction (often Women’s Bureau, Office of the CBO’s program for technical assistance, classroom). After completing the Secretary, WANTO Network, Room S– including information required in Part program standards successfully— 3317, U.S. Department of Labor, 200 III and IV. No cost data or reference to usually 3 to 5 years—the apprentice is Constitution Avenue, N.W., price shall be included in the technical awarded a certificate of completion by Washington, D.C. 20210. (Telephone proposal. either the Bureau of Apprenticeship and (202) 219–8913 x114) 2. Cost Proposal Training or the State Apprenticeship Committee Agency. Part II. Application Process The cost (business) proposal must be A. Eligible Applicants separate from the technical proposal. A. Authorities The transmittal letter and the grant The technical assistance grants were 1. Community-Based Organizations assurances and certifications form first authorized under the Women in (CBOs) are eligible applicants to receive (Appendix A) shall be attached to the Apprenticeship and Nontraditional technical assistance grants. The term business proposal, which shall consist Occupations (WANTO) Act, Public Law ‘‘community-based organization’’ as of the following: 102–530, approved October 27, 1992. defined in section 4(5) of the Job a. Standard Form 424 ‘‘Application Funded through the Job Training Training Partnership Act (29 U.S.C for Federal Assistance,’’ (Appendix B) Partnership Act (JTPA), Title IV–D, the 1501(5)), means private nonprofit signed by an official from the applicant Bureau of Apprenticeship (BAT/ETA) organizations which are representative organization who is authorized to enter and the Women’s Bureau have a Intra- of communities or significant segments the organization into a grant agreement agency Agreement to co-administer of communities and which provide job with the Department of Labor. The WANTO. The WB has responsibility for training services. For this solicitation Catalog of Federal Domestic Assistance implementing the Solicitation for Grant communities or significant segments of Number (CFDA) is 17.700; Applications (SGA) process for the communities are the private nonprofit b. Standard Budget Form 424A Technical Assistance (TA) grants to organizations that have demonstrated ‘‘Budget Information Form,’’ (Appendix Community-Based Organizations experience administering programs that C); and (CBOs). recruit, select, train, place, retain, and c. Budget Narrative: Provide a otherwise prepare women for narrative explanation of the budget B. Purpose of the Demonstration employment in apprenticeship and which describes all proposed costs and The purpose of the WANTO other nontraditional occupations (NTO). indicates how they are related to the demonstration program is to provide 2. Employers and Labor Organizations operation of the project. Provide this technical assistance to employers and are eligible to receive technical information separately for the amount of labor organizations to encourage the assistance provided by community- requested Federal funding and the increased employment of women in based organizations receiving WANTO amount of proposed Non-Federal apprenticeship and nontraditional grants. To be selected to receive contribution. In those applications occupations. technical assistance, employers, and which propose to fund staff positions, Further, in accordance with the labor organizations must submit a the budget narrative must provide directives of the Women in technical assistance request either (1) information which describes the 31154 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices number of proposed positions by title postmark on the envelope or wrapper organizations—to make private sector and by the amount of staff time and and on the original receipt from the U.S. workplaces more supportive to salary charged to Federal and Non- Postal Service. If the postmark is not increasing the employment of women in Federal funding resources. The Budget legible, an application received after the apprenticeship and nontraditional Narrative provides the detailed above closing time and date shall be occupations (NTO). description of the costs reflected on the processed as if mailed late. ‘‘Postmark’’ 1. CBOs may solicit employers and SF 424A. means a printed, stamped or otherwise labor organizations that request placed impression (not a postage meter technical assistance in preparing their C. Funding Levels machine impression) that is readily workplace to promote women in The Department expects to have identifiable without further action as apprenticeship and nontraditional $610,000 to be disbursed through having been applied and affixed by an occupations (NTOs) and include such WANTO grants. The Department employee of the U.S. Postal Service on agreements in their proposal in response expects to make up to five (5) awards to the date of mailing. Therefore, to SGA 96–05. Priority will be given to Community-Based Organizations applicants shall request that the postal proposals that include specific (CBOs). The Women’s Bureau expects clerk place a legible hand cancellation provisions to providing technical awards to range from approximately bull’s-eye postmark on both the receipt assistance to employers and labor $75,000 to $150,000. and the wrapper or envelope. The only organizations with (1) contracts for work on large employment projects; (2) D. Length of Grant and Grant Awards acceptable evidence to establish the date of mailing of a late application sent by regional and national computer-based The initial performance period for the U.S. Postal Service Mail Next Day telecommunications networks; and (3) grants awarded under this SGA shall be Service-Post Office to Addressee is the emphasis on geographic areas of the for eighteen (18) months of program date entered by the post office receiving Southeast and Southwest. performance, with the option to extend clerk on the ‘‘Express Mail Next Day 2. At the same time, the Department for up to three months as a no cost Service-Post Office to Addressee’’ label will continue to build an inventory (as extension to complete final reports. and the postmark on the envelope or directed by the WANTO legislation) of Each applicant shall reflect in their wrapper and on the original receipt workplace technical assistance requests application the intention to begin from the U.S. Postal Service. from employers and labor organizations operation no later than September 30, ‘‘Postmark’’ has the same meaning as to promote the increase in employment 1996. defined above. Therefore, applicants of women in apprenticeship and nontraditional occupations sent directly E. Submission shall request that the postal clerk place a legible hand cancellation bull’s-eye to the Office of Procurement Services, One (1) ink-signed original, complete Room N–5416, Reference SGA 96–05, postmark on both the receipt and the grant application (plus five (5) copies of U.S. Department of Labor, 200 envelope or wrapper. the Technical Proposal and two (2) The only acceptable evidence to Constitution Avenue, N.W., copies of the Cost Proposal must be establish the time of receipt at the U.S. Washington, D.C. 20210, Attention: Lisa submitted to the U.S. Department of Department of Labor is the date/time Harvey. 3. Technical assistance requests from Labor, Office of Procurement Services, stamp of the Office of Procurement both CBOs (as a part of the technical Room N–5416, 200 Constitution Services on the application wrapper or proposal) and requests sent directly to Avenue, N.W., Washington, D.C. 20210, other documentary evidence of receipt the Department of Labor by employers not later than 4:45 pm EST, July 31, maintained by that office. 1996. All applications must be received and labor organizations should be in by the Office of Procurement Services Part III. Statement of Work—Key writing. by that time. Applications sent by Features 4. The Department will award only one grant per CBO, with or without telegram or facsimile (FAX) will not be A. Introduction accepted. multiple service providers or Any application received at the Office The Women’s Bureau (Washington, subcontractors. The total amount of of Procurement Services after 4:45 pm D.C.) announces the Solicitation for each grant will depend upon the total EST will not be considered unless it is Grant Applications (SGA) for amount of direct technical assistance to received before award is made and: competitive grant awards first funded be provided. Applicants should provide 1. It was sent by registered or certified under the technical assistance program estimated cost (hourly or fixed rates) for mail not later than the fifth calendar day authorized by the Women in specific technical assistance services before July 31, 1996 (i.e., not later than Apprenticeship and Nontraditional they are prepared to perform in the cost July 26, 1996); Occupations (WANTO) Act and funded proposal. 2. It is determined by the Government through JTPA Title IV–D. Since then, 5. Since the thrust of this SGA is that the late receipt was due solely to the Employment and Training technical assistance to employers and mishandling by the Government after Administration, Bureau of labor organizations to attain workplace receipt at the U.S. Department of Labor Apprenticeship and Training (ETA/ change responsive to the increase in at the above address; or BAT) has continued to fund the program women in apprenticeship and 3. It was sent by U.S. Postal Service through JTPA Title IV–D and transfer nontraditional occupations, the program Express Mail Next Day Service-Post funds to the WB to continue the of this SGA is designed to be employer- Office to Addressee, not later than 5:00 technical assistance program authorized workplace driven. Allowable grant pm at the place of mailing two working under the WANTO Act. The WB activities do not include CBO capacity days, excluding weekends and Federal anticipates a transfer of funds building services, or the operation of holidays, prior to July 31, 1996 (i.e., not amounting to $610,000 for Fiscal Year CBO ongoing training activities unless later than 5:00 pm July 29, 1996). 1996 and expects to make up to five (5) they are directly related to the provision The only acceptable evidence to grants to CBOs that will provide direct of technical assistance to make job establish the date of mailing of a late technical assistance to change the creators’ workplaces—employers and application sent by registered or workplaces of private sector job labor organizations—more responsive to certified mail is the U.S. Postal Service creators—employers and labor increased employment and support for Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31155 women in apprenticeship and employment of women in (2) COMPUTER-BASED nontraditional occupations. apprenticeship training and TELECOMMUNICATIONS NETWORK: B. Program Requirements nontraditional occupations. The proposed program (submitted by a The Department, through this Each proposal for funding should CBO with documented activity-specific competition, is seeking Community- include a direct and specific statement experience) is designed to provide for Based Organization grantees with a on how the proposed activities will the maintenance and development of record of accomplishment, with overall increase the employment of women in regional and national computer-based organizational experience and facilities, apprenticeship and nontraditional telecommunications networks to and with staff who can demonstrate the employment in private sector provide customized off-site technical necessary technical knowledge and workplaces, increasing self-sufficiency assistance to small and medium size experience that can ensure successful for them and their families. . . . Each private-sector employers and labor completion of provision of technical proposal for funding should include (1) organizations in their development and assistance to employers and labor a specific feasibility study/examination implementation of strategies to make organizations. to produce a proposed ‘‘plan of action’’ workplace policy and work practice In the grant application process, for providing technical assistance to changes to support the recruitment, Community-Based Organization grant employers and labor organizations training, and retention of women in applicants should include a specific included with the proposal; (2) plan for apprenticeship and nontraditional program for providing technical assessing and evaluating the technical occupations in individual private-sector assistance to mega project contractors assistance activities provided during the workplaces. Such technical assistance and others, including the name and grant period, in addition to the grant’s activities should promote the address of projects that they have final report; (3) plan for a ‘‘how-to-do- employment of women in developed working relationships with it’’ technical assistance manual as a apprenticeship and nontraditional for this round of WANTO activities. result of the grant activities. occupations. (3) GEOGRAPHIC SPECIFIC: The CBOs are also required to present 3. Scope of CBO Technical Assistance proposed technical assistance program evidence of their experience, Activities—Key Features qualifications, technical knowledge of (submitted by a CBO with documented CBOs’ technical assistance tasks activity-specific experience) is designed programs to assist job creators to recruit, include employer or labor organization select, train, place and retain women in to implement activities to strengthen requests that will promote the increased technical assistance to private-sector apprenticeship and nontraditional employment of women in occupations. employers and labor organizations in apprenticeship and nontraditional the Southeast and Southwest regions of 1. Provide Technical Assistance occupations in the requester’s the United States who want assistance Community-Based Organization workplace. These technical assistance in the development and implementation (CBO) Eligibility: Definition. The term activities include strategies to of strategies that provide for workplace ‘‘community-based organization’’ as implement policy and work practices changes in policies and work practices defined in section 4(5) of the Job changes which may include a wide to support women in apprenticeship Training Partnership Act (29 U.S.C variety of technical assistance to and nontraditional occupations, 1501(5)), means private nonprofit prepare, recruit, promote and retain particularly as cited in (1) and (2) above. organizations which are representative women in apprentice and nontraditional Such technical assistance activities of communities or significant segments employment. should promote the employment of of communities that provide job training While WANTO proposals can be minority women in apprenticeship and services. submitted for any employer and/or labor nontraditional occupations. a. For this solicitation, the significant organization technical assistance MOREOVER, the Department will segment of communities are program that is designed to increase the award twenty-five (25) bonus rating organizations that have demonstrated employment of women in points to proposals reflecting the above and documented experience in apprenticeship and nontraditional criteria when the proposal includes (1) providing and administering programs occupations, the Department will give established partnership with the that prepare women for employment in priority consideration to applications employers and labor organizations that apprenticeable occupations or other where proposals focus on: expands the dollar amount, size and nontraditional occupations. (1) LARGE PROJECT SPECIFIC: The scope of the proposal; and (2) specific b. Community-Based Organizations proposed technical assistance program and written commitment with timeline (CBOs), for this competition, do not (submitted by a CBO with documented for the employment of women in include for profit or public entities such activity-specific experience) is designed registered apprenticeship and/or as, the Job Training Partnership System, to assist private sector employers and nontraditional employment. hospitals, educational institutions— labor organizations (with large project schools, colleges and universities. contracts) to increase women’s 4. Capabilities and Qualifications of 2. Community-Based Organizations: employment on large (multi-year and CBO and Staff Scope of Work $multi-million) in private and/or public Applicant CBOs are asked to provide The Women’s Bureau, is seeking economic development (including information on organizational capacity, Community-Based Organizations (CBOs) building) projects in construction, organizational management and staffing with a record of accomplishment in the transportation, utilities and charts, and technical assistance areas related to increasing the telecommunications industries. Such experience with employers and labor employment of women in technical assistance activities include organization, qualifications of the apprenticeship and nontraditional strategies for developing and principal investigator(s) and staff who occupations. implementing changes in workplace will provide both the ‘‘hands on’’ a. CBOs will provide Technical policy and work practices to support the services and related written products Assistance (TA) to employers and labor employment of women, particularly in that describe the project activities in a organizations to assist them in preparing entering and completing registered professional manner in the management their workplaces to increase the apprenticeship employment programs. and staff loading plans. In addition, 31156 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices applicant CBOs shall provide responses services; for what types of occupations occupations. The Department is also to items a–e and their subparts listed and industries. seeking proposals with leverage or other below: ** * Briefly describe your partnership activities that will enlarge a. Briefly describe and organization’s relationship with the the dollar amount, size, and scope of the ** * Provide complete resumes that Bureau of Apprenticeship and Training proposed WANTO financial application. describe the qualifications of persons to or the State Apprenticeship Committee. a. List activities on which grant funds provide technical assistance in the area d. Briefly describe your organization’s will be expended but not the dollar cost. of increasing employment of women in experience working with the business b. List any leverage of funds activities apprenticeship and nontraditional community to prepare business to place taken or anticipated with this grant— occupations. Include both education women in apprenticeable occupations any partnerships, linkages or and work experience. or other nontraditional occupations; coordination of activities, cooperative ** * Provide work references, to ** * Briefly describe your funding, etc. support principal investigator and organization’s relationship and c. List specific activities on which support staff qualifications to provide experience with employers and labor grant funds will be expended by technical assistance in the area of unions who offer apprenticeable and subgrantees (if applicable) but not the women in apprenticeship and nontraditional occupations. dollar cost. nontraditional occupations. ** * Briefly describe the type(s) of 6. Continuation of Activities ** * Briefly describe physical technical assistance to employers resource facilities that support your provided previously by your The Technical Proposal of CBO organization’s human resources delivery organization. What were the results of applicants shall describe any of the technical assistance—book and these services. anticipated strategies proposed by them video library, conference rooms, ** * Provide business references to to encourage and promote the computer hardware and software, etc. support your work with the business continuation or expansion of grant b. Briefly describe your organization’s community to prepare business to place activities beyond the grant’s period of experience in preparing women to gain women in apprenticeship and program performance. employment in apprenticeable nontraditional occupations. a. Briefly describe your organization’s occupations or other nontraditional ** * Briefly list the employer and approach and activities to support and occupations; labor unions for which your encourage employers and labor ** * Briefly describe your organization has provided technical organizations in your/their efforts to organization’s current services. assistance. continue activities that support women ** * State your organization’s e. List the tradeswomen or women in employed in apprenticeship and current funding level and sources of nontraditional occupations as active nontraditional occupations in their funds. members of your organization, as either workplaces after they are in the ** * Describe your organization’s employed staff or board members. workplace and after the completion of experience and success in the provision ** * List name, trade, and this project. of services to women in preparing them organizational position of tradeswomen b. Briefly describe how your for gainful employment in and other women in nontraditional organization will approach employers apprenticeable and other nontraditional occupations on staff or on your and organizations to incorporate occupations. organization’s Board of Directors. technical assistance into labor/ ** * Describe what your ** * Include the dates when management agreements and/or organization would consider as its most tradeswomen served in active paid or employer policy and work practice outstanding success over the last two unpaid positions in your organization. changes as a result of this WANTO years? In addition, all applications must also technical assistance funding. ** * Provide customer references include a management and staff loading c. To what extend will the changed that specifically support your plan. The management plan is to policy and work practices be made a organization’s experience and include a project organization chart and part of supervisory and employee qualifications to provide technical accompanying narrative which employment handbooks? assistance in the area of women in differentiates between elements of the G. Technical Assistance Requests apprenticeship and nontraditional applicant’s staff and subcontractors or occupations. consultants who will be retained. 1. The Department is seeking c. Briefly describe your organization’s The staff loading plan must identify technical assistance requests from experience in delivering technical all key tasks and the person-days private-sector employers and labor assistance. required to complete each task. Labor organizations who want to receive ** * Briefly describe the geographic estimates for each task must be broken technical assistance provided by the location of your organization’s technical down by individuals assigned to the community-based organizations with assistance services and any experience task, including subcontractors and WANTO grant funds to provide such in policy and/or written technical consultants. All key tasks must be assistance. Requesting employers and publications, including ‘‘how-to.’’ charted to show time required to labor organizations should submit ** * Include (in the appendix) perform them by months or weeks. technical assistance requests to the copies of publications, such as, policy Department of Labor, Attention: Lisa papers/studies, manuals or ‘‘how-tos’’ 5. Use of Funds Harvey, Office of Procurement Services, and feasibility studies related to women The Technical Proposal of CBO Room N–5416, Reference SGA 96–05, in apprenticeship and nontraditional applicants shall describe both known 200 Constitution Avenue, N.W., occupations that your organization has and anticipated expenditures that may Washington, D.C. 20210. developed. arise in the conduct of providing 2. Employers and Labor Organizations ** * Briefly describe target groups of technical assistance to and on may also choose to submit their women to which your organization has employers and labor organizations technical assistance requests to provided recruitment, training, relevant to workplace change for women community-based organizations they placement, retention and promotion in apprenticeship and nontraditional have established a partnership with in Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31157 the CBO’s application to the Department Part IV. Evaluation Criteria and points and a maximum additional 25 of Labor for grant award. A description Selection points for the bonus category. of the technical assistance request, name The scores will then serve as the and address of the requester shall be Applicants are advised that selection primary basis to select applications for attached to the end of the Technical for a grant award is to be made after potential award. Clarification may be Proposal. careful evaluation of technical requested of grant applicants if the applications by a panel. Each panelist situation so warrants. Please see Part will evaluate applications against the III., Section B. for additional various criteria on the basis of 100 information on the elements against which proposal will be reviewed.

Points

1. Technical Criteria a. Capabilities and Qualifications of CBO and Staff ...... 50 b. Use of Funds ...... 25 c. Continuation of Activities ...... 25

2. Bonus Points

(See Part III, B±3, Scope of CBOs' Technical Assistance ActivitiesÐKey Features) Total ...... 25 a. Proposal Focus on Large Project; Telecommunications Network or Southeast/Southwest Geographic Area combined with ...... 5 b. Established Partnership ...... 10 c. Written Commitment ...... 10

3. Cost Criteria apprenticeable occupations and 29 CFR Part 96—Federal Standards for Proposals will be scored, based on nontraditional occupations and to Audit of Federally Funded Grants, their costs in relation to other proposals expand the employment and self- Contracts and Agreements. sufficiency options of women. submitted in response to this SGA. Part V. Specifically, the lowest priced proposal During the technical panel evaluation will receive 25 points, based on the of all proposals and requests, the A. Deliverables following formula: (lowest priced Department will bring together CBO (This section is provided only so that proposal/proposal cost) × 25 qualifications and capabilities with grantees may more accurately estimate All other proposals will receive points employers/labor unions and other the staffing budgetary requirements using the above formula. For example, nonunion labor organizations requests when preparing their proposal. if the lowest priced proposal had a total to develop final grant activities. In Applicants are to exclude from their Federal budget of $5,000, it would addition, the Department will also cost proposal the cost of any requested receive a cost score of 25. If another consider geographic coverage and travel to Washington, D.C.) occupational/industrial impact in the proposal had a total Federal budget of 1. No later than four (4) weeks after final TA grant awards, as well as $10,000, it would receive a score of 12.5 award, the grantee shall meet with the × broadening coverage of different CBO (i.e. $5,000/$10,000) 25). Women’s Bureau and the Bureau of service providers. 4. Total Score Apprenticeship and Training to discuss Allowable Costs: Determinations of technical assistance activities, timelines, Using the above example, if the allowable costs shall be made in and technical assistance outcomes proposal requesting $5,000 of Federal accordance with the following assessment for comment and final funding received a technical score of 50, applicable Federal cost principles: the Total Score would be 75 points approval. At that time the grantee’s final State and Local Governments—OMB technical assistance requests and CBOs (50 + 25 = 75); if the proposal requesting Circular A–87 $10,000 of Federal funding received a will be matched. The CBO and the Educational Institutions—OMB Circular technical score of 75, the Total Score Department will discuss and make A–21 would be 87.5. decisions on the following program Proposals received will be evaluated Non-Profit Organizations—OMB activities: by a review panel based on the criteria Circular A–122 a. The number of employers and labor immediately following. The panel’s Profit Making Commercial Firms—FAR organizations to be served. recommendations will be advisory, and 31.2 b. The methodology to be used to final awards will be made based on the Profit will not be considered an change management and employee best interests of the Government, allowable cost in any case. attitudes about women in non- including but not limited to such factors Administrative Provisions: The grant traditional occupations. as technical quality, geographic balance. awarded under this SGA shall be subject c. The types of systemic change The Department wishes to make it to the following administrative anticipated by technical assistance clear that it is not simply the best- standards and provisions: strategies anticipated to be incorporated written proposals that will be chosen, 29 CFR Part 97—Uniform into employer ongoing recruitment, but rather those which demonstrate the Administrative Requirements for hiring, training and promotion of greatest experience and commitment to Grants and Cooperative Agreements to women in apprenticeship and assisting business to successfully State and Local Governments; for all apprenticeable nontraditional recruit, train, and retain women in others 29 CFR Part 95. occupations. 31158 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

d. The occupational, industrial and report of work done under this grant 5. No later than sixty (64) weeks after geographical impact anticipated. will be due. Thereafter, quarterly reports award, the grantee shall submit, three e. The supportive services to be will be due ten (10) working days after (3) copies of the draft final report, an provided to employers and women after the end of each of the three remaining integrated draft report of the process successful placement into quarters. and results of the technical assistance apprenticeship or apprenticeable Quarterly progress reports should activities during the year. The Women’s nontraditional occupations. include: Bureau and the Bureau of f. The plan for the development and a. A description of overall progress on Apprenticeship and Training will maintenance of a relationship with the work performed during the reporting provide written comments on the draft State level of the Federal Bureau of period, including (1) number, name, report within twenty (20) working days Apprenticeship and Training. address, size of the workplace, if substantive problems are identified. The Women’s Bureau and the Bureau including proportion of women with The grantee’s response to these of Apprenticeship and Training will brief profiles of employers and labor comments shall be incorporated into the provide input orally and in writing, if organizations provided technical final report. necessary, within ten (10) working days assistance during the period; (2) 6. No later than seventy-four (74) after the Post-Award Meeting. systemic workplace and policy 2. No later than ten (10) weeks after weeks after award, the grantee shall changes—actual or in process, including submit one (1) DOL customer-ready award, the grantee and the Women’s the hiring and promotion of women Bureau will confirm the employers and camera ready copy and four (4) copies already in the workplace, career ladders labor organizations to be served with of the final report; one (1) diskette (IBM or other training activities; (3) public WANTO grant funds in a final ‘‘plan of compatible, WordPerfect 5.1) of the presentations; (4) media articles or action’’ that can be added to as requests Final Report. The report shall cover appearances; (5) publications increase. Such a plan will reflect the findings, final performance data, disseminated and (6) publications grantee’s study/examination workplace outcome results and assessment, and developed. via an on-site visit and review of the employer or labor organization plans for feasibility of the TA request by the b. An indication of any current follow-up of participants. Copies of employer. problems which may impede technical assistance curricula shall be 3. No later than twelve (12) weeks performance and the proposed included, as well as any plans for after award, the grantee shall begin the corrective action. replication and dissemination of program of technical assistance to c. A discussion of work to be information. An Executive Summary of employers and labor organizations to performed during the next reporting the findings and recommendations, recruit, promote and retain women in period. shall either be included in the report or apprenticeable occupations and other Between scheduled reporting dates accompany the report. nontraditional training for women, the grantee shall also immediately Signed at Washington, D.C. June 7, 1996. characterized by employment growth inform the Grant Officer’s Technical and above average earnings. Representative of significant Lawrence J. Kuss, 4. No later than sixteen (16) weeks developments affecting the grantee’s Grant Officer. after award, the first quarterly progress ability to accomplish the work. BILLING CODE 4510±23±P Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31159

Appendices 31160 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31161 31162 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31163

[FR Doc. 96–15318 Filed 6–18–96; 8:45 am] BILLING CODE 4510±23±C 31164 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

Notice of Interim Assignment of Employment and Training the group eligibility requirements is not Departmental Duties Retained Administration met. Following Congressional Action With The Union also raises issues related to Respect to the Elimination of the Office [TA±W±31,942] foreign ownership of U.S.-based of the American Workplace Carter-Wallace, Inc., Trenton, New condom manufacturers. Foreign ownership of U.S.-based companies By memorandum effective June 16, Jersey; Notice of Negative Determination Regarding Application producing articles that are competitive 1996, I have delegated authority and for Reconsideration with the condoms produced by Carter- assigned responsibility to John Kotch, Wallace is irrelevant to this case. Deputy Assistant Secretary, for By an application dated May 10, 1996, The Union cites that workers of performing all of the following duties the United Steelworkers of America prescribed under Secretary’s Orders 2– (USWA), Local No. 514L, requested another domestic producer of condoms 93, 58 FR 42578, and 2–95, 60 FR administrative reconsideration of the was certified eligible for TAA benefits. 13602: subject petition for Trade Adjustment This producer had declining sales, Assistance (TAA). The denial notice production and employment, and (1) The Labor-Management Reporting increased its import purchases of and Disclosure Act of 1959, as amended, was signed on April 5, 1996 and published in the Federal Register on condoms, thereby meeting all the 29 U.S.C. 401 et seq.; April 29, 1996 (61 FR 18757). certification criteria. (2) Section 701 (Standards of Conduct Pursuant to 29 CFR 90.18(c) Conclusion for Labor Organizations) of the Civil reconsideration may be granted under Service Reform Act of 1978, 5 U.S.C. the following circumstances: After review of the application and 7120; (1) If it appears on the basis of facts not investigative findings, I conclude that (3) Section 1017 of the Foreign previously considered that the determination there has been no error or Service Act of 1980, 22 U.S.C. 4117; complained of was erroneous; misinterpretation of the law or of the (2) if it appears that the determination facts which would justify (4) Section 1209 of the Postal complained of was based on a mistake in the Reorganization Act of 1970, 30 U.S.C. reconsideration of the Department of determination of facts not previously Labor’s prior decision. Accordingly, the 1209; considered; or application is denied. (5) The employee protection (3) if in the opinion of the Certifying Officer, a misinterpretation of facts or of the Signed at Washington, D.C., this 5th day of provisions of the Federal Transit law, as law justified reconsideration of the decision. codified at 49 U.S.C. 5333(b) and related June 1996. provisions; Workers at the subject firm were Curtis K. Kooser, engaged in employment related to the (6) Section 405(a), (b), (c), and (e) of Acting Program Manager, Policy and production of condoms. The Union Reemployment Services, Office of Trade the Rail Passenger Service Act of 1970, questions why the Department, in Adjustment Assistance. 45 U.S.C. 565(a), (b), (c), and (e); making its determination, used [FR Doc. 96–15537 Filed 6–18–96; 8:45 am] (7) Section 43(d) of the Airline corporate wide sales and production at BILLING CODE 4510±30±M Deregulation Act of 1978, repealed and the Trenton, New Jersey production reenacted at 49 U.S.C. 42101–42103; facility, as opposed to limiting the date and inquiry to the appropriate subdivision. The Union also claims that the 40% [TA±W±32,268] (8) Executive Order 12954, March 8, increase in U.S. imports of condoms 1995, 60 FR 13023, to the extent that the Casablanca Fan Company, City of between 1994 and 1995 contributed exercise of authority or responsibilities Industry, California; Notice of importantly to worker separations at Termination of Investigation under this Order is consistent with Carter-Wallace. applicable court decisions. The Department’s denial of TAA for Pursuant to Section 221 of the Trade This notice supersedes my notice worker of Carter-Wallace, Trenton, New Act of 1974, an investigation was published in the Federal Register on Jersey was based on the fact the criteria initiated on April 29, 1996 in response May 14, 1996 at 61 FR 24334. I currently (2) and (3) of the group eligibility to a worker petition which was filed on anticipate that this delegation of requirements of Section 222 of the April 29, 1996 on behalf of workers at authority will be superseded again at Trade Act of 1974 were not met. Failure Casablanca Fan Company, City of the beginning of fiscal year 1997. to meet any one of the worker group Industry, California. Nonetheless, this delegation will remain eligibility requirements is basis for in effect until a further delegation of denial. An active certification covering the these duties, or other notice, is executed The Department’s findings in the petitioning group of workers remains in by me. Any of the above duties may be investigation showed that Carter- effect (TA–W–32,160). Consequently, redelegated, as appropriate, by him. Wallace made the decision to transfer further investigation in this case would production from Trenton to another serve no purpose, and the investigation Signed at Washington, D.C. this 13th day domestic facility. A domestic transfer of has been terminated. of June 1996. production would not provide a basis Signed in Washington, D.C. this 2nd day of Robert B. Reich, for certification. June, 1996. Secretary of Labor. Since layoffs at the subject firm were Russell T. Kile, [FR Doc. 96–15534 Filed 6–18–96; 8:45 am] attributable to a domestic transfer of Acting Program Manager, Policy and BILLING CODE 4510±23±M production, the Department examined corporate-wide sales. Corporate sales Reemployment Services, Office of Trade and production of condoms increased Adjustment Assistance. for the time period relevant to the [FR Doc. 96–15547 Filed 6–18–96; 8:45 am] investigation. Therefore, criterion (2) of BILLING CODE 4510±30±M Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31165

[TA±W±32,009] provides that any firm which engages in [TA±W±31,465; TA±W±31,465A] exploration or drilling for oil or natural Chevron Overseas Petroleum, Inc., San gas shall be considered to be a firm Cranston Print Works Company, Ramon, California; Notice of Negative producing oil or natural gas and Cranston, Rhode Island, and Cranston Determination Regarding Application producing articles that are directly Prints Works Company Universal for Reconsideration competitive with imports of oil and Engravers Division Providence, Rhode By an application dated April 5, 1996, natural gas. This provision does not Island; Amended Certification the petitioners requested administrative apply to service workers supporting oil Regarding Eligibility To Apply for reconsideration of the subject petition and gas production overseas. Worker Adjustment Assistance for trade adjustment assistance (TAA). Conclusion The denial notice was signed on March In accordance with section 223 of the 25, 1996 and published in the Federal After review of the application and Trade Act of 1974 (19 USC 2273) the Register on April 9, 1996 (61 FR 15832). investigative findings, I conclude that Department of Labor issued a Notice of Pursuant to 29 CFR 90.18(c) there has been no error or Certification Regarding Eligibility to reconsideration may be granted under misinterpretation of the law or of the Apply for Worker Adjustment the following circumstances: facts which would justify Assistance on November 30, 1995, reconsideration of the Department of applicable to all workers of Cranston (1) If it appears on the basis of facts not Labor’s prior decision. Accordingly, the previously considered that the determination Print Works Company located in complained of was erroneous; application is denied. Cranston, Rhode Island. The Notice was (2) if it appears that the determination Signed at Washington, D.C., this 4th day of published in the Federal Register on complained of was based on a mistake in the June 1996. December 12, 1995 (60 FR 63732). determination of facts not previously Curtis K. Kooser, considered; or At the request of the company, the Acting Program Manager, Policy and (3) if in the opinion of the Certifying Department reviewed the certification Reemployment Services, Office of Trade Officer, a misinterpretation of facts or of the Adjustment Assistance. for workers of the subject firm. New law justified reconsideration of the decision. [FR Doc. 96–15535 Filed 6–18–96; 8:45 am] findings show that worker separations The petitioners claim that a factual have occurred at the subject firm’s BILLING CODE 4510±30±±M error contributed to the negative Universal Engravers Division in determination. The petitioners claim Providence, Rhode Island. The workers that the determination states that the [TA±W±31,718] at the Universal Engravers Division petition was filed on behalf of workers engrave screen used to print the designs at Chevron Overseas Petroleum, Inc. Controlled Power Corporation, Canton, for the printed textile fabrics produced Ohio; Notice of Affirmative (COPI), and that is incorrect. At the time by Cranston Print Works. of their separation, the workers were Determination Regarding Application California-based employees of Chevron for Reconsideration The intent of the Department’s USA, Inc., a Delaware corporation. certification is to include all workers of By letter of April 17, 1996, the The Department conducted its Cranston Print Works Company who petitioners requested administrative factfinding investigation based on were adversely affected by increased reconsideration of the Department of information provided by the petitioners imports. Accordingly, the Department is Labor’s Notice of Negative on the TAA petition form. The petition amending the certification to include all Determination Regarding Eligibility to was filed with the Department on behalf workers of Universal Engravers Division Apply for Worker Adjustment of workers of Chevron Overseas in Providence, Rhode Island. Assistance for workers of the subject Petroleum Division of Chevron USA firm. The denial notice was signed on The amended notice applicable to Inc., San Ramon, California. The subject TA–W–31,465 is hereby issued as firm is a wholly-owned subsidiary of the March 20, 1996 and published in the follows: Chevron Corporation. The investigation Federal Register on April 3, 1996 (61 FR findings show that the workers provided 14820). All workers of Cranston Print Works support services for international oil The petitioner presents evidence that Company, Cranston, Rhode Island (TA–W– and gas production. The workers are not the Department’s survey of the subject 31,465), and Cranston Print Works Company, assigned to a domestic operating firm’s customers was incomplete. Universal Engravers Division, Providence, company producing oil and gas in the Conclusion Rhode Island (TA–W–31,465A) who became United States. The Trade Act of 1974, as totally or partially separated from After careful review of the amended does not provide worker employment on or after September 13, 1994 application, I conclude that the claim is benefits for loss of employment related are eligible to apply for adjustment assistance of sufficient weight to justify to the support of overseas activities. under section 223 of the Trade Act of 1974. reconsideration of the Department of The petitioners cite the 1988 Labor’s prior decision. The application Signed at Washington, D.C. this 7th day of amendments to the Trade Act—the is, therefore, granted. June 1996. Omnibus Trade and Competitiveness Curtis K. Kooser, Act (OTCA), as a basis for certification. Signed at Washington, DC, this 29th day of Section 1421 (a)(1)(A) of the OTCA May 1996. Acting Program Manager, Policy and amends section 222 of the Trade Act to Linda Poole, Reemployment Services, Office of Trade Adjustment Assistance. add certain oil and gas workers as Acting Program Manager, Policy and potentially eligible to apply for program Reemployment Services, Office of Trade [FR Doc. 96–15540 Filed 6–18–96; 8:45 am] benefits under the TAA Program. This Adjustment Assistance. BILLING CODE 4510±30±M was accomplished by adding a new [FR Doc. 96–15549 Filed 6–18–96; 8:45 am] subsection to section 222 which BILLING CODE 4510±30±M 31166 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

[TA±W±32,113] further investigation in this case would Signed at Washington, D.C. this 6th day of serve no purpose, and the investigation June 1996. Eagle Garment Finishing, Inc. A/K/A has been terminated. Curtis K. Kooser, Pastar, Inc. El Paso, Texas; Amended Acting Program Manager, Policy and Signed at Washington, DC, this 7th day of Certification Regarding Eligibility to Reemployment Services, Office of Trade Apply for Worker Adjustment June 1996. Adjustment Assistance. Assistance Curtis K. Kooser, [FR Doc. 96–15539 Filed 6–18–96; 8:45 am] In accordance with Section 223 of the Acting Program Manager, Policy and BILLING CODE 4510±30±M Trade Act of 1974 (19 USC 2273) the Reemployment Services, Office of Trade Department of Labor issued a Adjustment Assistance. Certification of Eligibility to Apply for [FR Doc. 96–15544 Filed 6–18–96; 8:45 am] [TA±W±32,231] BILLING CODE 4510±30±M Worker Adjustment Assistance on April Roseburg Forest Product, Sawmill #1, 24, 1996, applicable to all workers of Dillard, Oregon; Amended Certification Eagle Garment Finishing, Inc. located in Regarding Eligibility To Apply for El Paso, Texas. The notice was [TA±W±32,054; TA±W±32,054A] Worker Adjustment Assistance published in the Federal Register on May 24, 1996 (61 FR 26219). Norminjil Sportswear Corporation, In accordance with section 223 of the At the request of the State Agency, the Luzerne, Pennsylvania, and Norminjil trade Act of 1974 (19 U.S.C. 2273) the Department reviewed the certification Sportswear Corporation, d.b.a. Sea Isle Department of Labor issued a for workers of the subject firm. The Sportswear, New York, New York; Certification of Eligibility to Apply for workers are engaged in employment Amended Certification Regarding Worker Adjustment Assistance on May related to the production of denim Eligibility To Apply for Worker 20, 1996, applicable to all workers of apparel. New Information submitted to Adjustment Assistance Roseburg Forest Product, Sawmill #1, the Department shows that some of the located in Dillard, Oregon. The notice workers had their wages reported to a In accordance with section 223 of the will soon be published in the Federal separate unemployment insurance (UI) Trade Act of 1974 (19 U.S.C. 2273) the Register. tax account, Pastar, Inc., which is the Department of Labor issued a The Department reviewed the parent company of Eagle Garment Certification of Eligibility to Apply for certification for workers of the subject Finishing, Inc. Worker Adjustment Assistance on May firm. The Department is amending the The intent of the Department’s certification for workers of the subject certification is to include all workers of 13, 1996, applicable to all workers of Norminjil Sportswear Corporation firm to change the impact date. New the subject firms who were adversely findings show that workers of the located in Luzerne, Pennsylvania. The affected by increased imports. subject firm in Dillard, Oregon, engaged notice was published in the Federal Accordingly, the Department is in the production of lumber products, Register on May 24, 1996 (61 FR 26219). amending the certification to cover were covered under a previous workers of Pastar, Inc. At the request of petitioners, the certification, TA–W–29–108, that The amended notice applicable to Department reviewed the certification expired February 8, 1996. TA–W–32,113 is hereby issued as for workers of the subject firm. New The amended notice applicable to follows: information provided by the company TA–W–32,231 is hereby issued as All workers of Eagle Garment Finishing shows that worker separations have follows: Inc., a/k/a Pastar, Inc., El Paso, Texas, who occurred at Norminjil’s Sea Isle All workers of Roseburg Forest Product, became totally or partially separated from Sportswear, New York City location. Sea employment on or after March 18, 1995, are Sawmill #1, Dillard, Oregon who became eligible to apply for adjustment assistance Isle Sportswear is the sales office for totally or partially separated from under Section 223 of the Trade Act of 1974. Norminjil, and the workers support the employment on or before February 8, 1996, are eligible to apply for adjustment assistance Signed at Washington, D.C. this 6th day of production of girls’ sportswear. under Section 223 of the Trade Act of 1974. June 1996. The intent of the Department’s Signed at Washington, D.C. this 6th day of Curtis K. Kooser, certification is to include all workers of June 1996. Acting Program Manager, Policy and the subject firm who were adversely Curtis K. Kooser, Reemployment Services, Office of Trade affected by increased imports of apparel. Adjustment Assistance. Acting Program Manager, Policy and The Department is amending the Reemployment Services, Office of Trade [FR Doc. 96–15543 Filed 6–18–96; 8:45 am] certification to cover the workers of Adjustment Assistance. BILLING CODE 4510±30±M Norminjil Sportswear, d.b.a. Sea Isle [FR Doc. 96–15536 Filed 6–18–96; 8:45 am] Sportswear, New York, New York. BILLING CODE 4510±30±M [TA±W±32,162] The amended notice applicable to TA–W–32,054 is hereby issued as Joe Benbasset, Incorporated, New [TA±W±32,197] York, New York; Notice of Termination follows: of Investigation All workers of Norminjil Sportswear Sea Isle Sportswear, New York, New Corporation, Luzerne, Pennsylvania (TA–W– York; Notice of Termination of Pursuant to Section 221 of the Trade 32,054), and Norminjil Sportswear Investigation Act of 1974, an investigation was Corporation, d.b.a. Sea Isle Sportswear, New initiated on April 8, 1996 in response to York, New York (TA–W–32,054A) who Pursuant to section 221 of the Trade a worker petition which was filed on became totally or partially separated from Act of 1974, an investigation was behalf of workers and former workers at employment on or after March 1, 1995, are initiated on April 8, 1996 in response to Joe Benbasset, Incorporated, located in eligible to apply for adjustment assistance a worker petition which was filed New York, New York (TA–W–32,162). under section 223 of the Trade Act of 1974. March 26, 1996 on behalf of workers at The petitioner has requested that the Sea Isle Sportswear, New York, New petition be withdrawn. Consequently, York (TA–W–32,197). Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31167

The petitioning group of workers are Signed in Washington, D.C. this 6th day of technological collection techniques or covered under an existing Trade June 1996. other forms of information technology, Adjustment Assistance certification Curtis K. Kooser, e.g., permitting electronic submissions (TA–W–32,054A). Consequently, further Acting Program Manager, Policy and of responses. investigation in this case would serve Reemployment Services, Office of Trade ADDRESSES: Eric Johnson, Office of no purpose, and the investigation has Adjustment Assistance. Worker Retraining and Adjustment been terminated. [FR Doc. 96–15546 Filed 6–18–96; 8:45 am] Programs, Office of Work-Based BILLING CODE 4510±30±M Signed at Washington, D.C., this 6th day of Learning, Employment and Training June 1996. Administration, U.S. Department of Labor, Room N–5426, 200 Constitution Curtis K. Kooser, Proposed Collection; Comment Avenue N.W., Washington, D.C. 20210, Acting Program Manager, Policy and Request 202–219–5577 (this is not a toll-free Reemployment Services, Office of Trade number). Adjustment Assistance. ACTION: Notice. SUPPLEMENTARY INFORMATION: [FR Doc. 96–15538 Filed 6–18–96; 8:45 am] SUMMARY: The Department of Labor, as BILLING CODE 4510±30±M part of its continuing effort to reduce I. Background paperwork and respondent burden The collection of the information in conducts a preclearance consultation the Dislocated Worker Special Project [TA±W±31,919] program to provide the general public Report (DWSPR) is necessary in order to and Federal agencies with an satisfy the requirements of the Toymax, Incorporated, Westbury, New opportunity to comment on proposed provisions of the Job Training York; Dismissal of Application for and/or continuing collections of Partnership Act (JTPA), as amended. Reconsideration information in accordance with the The provisions are related to the Paperwork Reduction Act of 1995 Secretary’s responsibilities and Pursuant to 29 CFR 90.18(C) an (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This authority for monitoring performance application for administrative program helps to ensure that requested and expenditures, and for recordkeeping reconsideration was filed with the data can be provided in the desired and reporting related to JTPA Title III. Program Manager of the Office of Trade format, reporting burden (time and Adjustment Assistance for workers at financial resources) is minimized, II. Current Actions Toymax, Incorporated, Westbury, New collection instruments are clearly This is a request for OMB approval of York. The review indicated that the understood, and the impact of collection an extension of an existing collection of application contained no new requirements on respondents can be information previously approved by substantial information which would properly assessed. Currently, the OMB. The extension will allow the bear importantly on the Department’s Employment and Training Department to continue to monitor determination. Therefore, dismissal of Administration is soliciting comments performance of the discretionary the application was issued. concerning the proposed extension of programs under Title III of JTPA, to the Dislocated Worker Special Project report to Congress and the Treasury, and TA–W–31,919; Toymax, Incorporated, Report, ETA Form 9038. A copy of the Westbury, New York (June 7, 1996) to prepare annual budget reports. proposed information collection request Type of Review: Extension. Signed in Washington, D.C. this 11th day (ICR) can be obtained by contacting the of June, 1996. Agency: Employment and Training office listed below in the addressee Administration. Russell T. Kile, section of this notice. Title: Dislocated Worker Special Acting Program Manager, Policy and DATES: Written comments must be Project Report. Reemployment Services, Office of Trade submitted to the office listed in the OMB Number: 1205–0318. Adjustment Assistance. addressee section below on or before Affected Public: State, Local or Tribal [FR Doc. 96–15541 Filed 6–18–96; 8:45 am] August 19, 1996. Government/Business or other for- BILLING CODE 4510±30±M The Department of Labor is profit/Not-for-profit institutions. particularly interested in comments Total Respondents: 170. which: Frequency: Quarterly. • Evaluate whether the proposed [TA±W±32,284] Average Time per Response: 15.7 collection of information is necessary hours. United Technologies Automotive, Inc., for the proper performance of the Estimated Total Burden Hours: Newton, Illinois; Notice of Termination functions of the agency, including 10,650. of Investigation whether the information will have Comments submitted in response to practical utility; this comment request will be • Evaluate the accuracy of the Pursuant to Section 221 of the Trade summarized and/or included in the agency’s estimate of the burden of the Act of 1974, an investigation was request for Office of Management and proposed collection of information, initiated on April 29, 1996 in response Budget approval of the information including the validity of the to a worker petition which was filed on collection request; they will also methodology and assumptions used; March 21, 1996 on behalf of workers at become a matter of public record. • Enhance the quality, utility, and United Technologies Automotive, Inc., clarify of the information to be Dated: June 11, 1996. Newton, Illinois. collected; and Grace A. Kilbane, The petitioner has requested that the • Minimize the burden of the Administrator, Office of Work-Based petition be withdrawn. Consequently, collection of information on those who Learning, Employment and Training further investigation in this case would are to respond, including through the Administration. serve no purpose, and the investigation use of appropriate automated, [FR Doc. 96–15532 Filed 6–18–96; 8:45 am] has been terminated. electronic, mechanical, or other BILLING CODE 4510±30±M 31168 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

[NAFTA±00785] adversely affected by increased imports [NAFTA±00937] from Mexico or Canada. Accordingly, Burlington Industries, Incorporated the Department is amending the Eagle Garment Finishing Inc., a/k/a Menswear Division, New York, New certification to include workers of the Pastar, Inc., El Paso, Texas; Amended York; Dismissal of Application for subject firm who were formerly Certification Regarding Eligibility To Reconsideration employed by GenCorp, and to exclude Apply for NAFTA Transitional Adjustment Assistance Pursuant to 29 CFR 90.18(C) an until August 11, 1996, those workers application for administrative covered under NAFTA–00170. In accordance with Section 250(a), reconsideration was filed with the The amended notice applicable to Subchapter D, Chapter 2, Title II, of the Program Manager of the Office of Trade NAFTA–00982 is hereby issued as Trade Act of 1974, as amended (19 USC Adjustment Assistance for workers at follows: 2273), the Department of Labor issued a Burlington Industries, Inc., Menswear All workers of Cambridge Industries, Inc., Certification for NAFTA Transitional Division, New York, New York. The formerly known as GenCorp, Commercial Adjustment Assistance on May 14, review indicated that the application Truck Group, Ionia, Michigan, who became 1996, applicable to workers of Eagle contained no new substantial totally or partially separated from Garment Finishing, Inc., El Paso, Texas. information which would bear employment on or after April 9, 1995; The notice was published in the Federal importantly on the Department’s excluding all workers of GenCorp, Reinforced Plastics Division, Ionia, Michigan engaged in Register on May 24, 1996 (61 FR 26220). determination. Therefore, dismissal of employment related to the production of At the request of the State agency, the the application was issued. reinforced fiberglass grill opening panels for Department reviewed the certification NAFTA–00785; Burlington Industries, Inc., the Buick Century and the Oldsmobile Ciera for workers of the subject firm. The Menswear Div., New York, NY (May 23, lines who became totally or partially workers are engaged in employment 1996) separated from employment between related to the production of denim Signed at Washington, D.C. this 3rd day of December 3, 1993 and August 11, 1996, are apparel. New information submitted to June, 1996. eligible to apply for NAFTA–TAA under the Department shows that some of the section 250 of the Trade Act of 1974. Russell T. Kile, workers had their wages reported to a Signed at Washington, DC this 6th day of separate unemployment insurance (UI) Acting Program Manager, Policy & June 1996. Reemployment Services, Office of Trade tax account, Pastar, Inc., which is the Adjustment Assistance. Curtis K. Kooser, parent company of Eagle Garment [FR Doc. 96–15548 Filed 6–18–96; 8:45 am] Acting Program Manager, Policy and Finishing, Inc. Reemployment Services, Office of Trade BILLING CODE 4510±30±M The intent of the Department’s Adjustment Assistance. certification is to include all workers of [FR Doc. 96–15542 Filed 6–18–96; 8:45 am] Eagle Garment Finishing, Inc. who were [NAFTA±00982] BILLING CODE 4510±30±M adversely affected by increased imports from Mexico or Canada. Accordingly, Cambridge Industries, Inc. (Formerly the Department is amending the Known as GenCorp); Commercial certification to include workers of Truck Group, Ionia, Michigan; [NAFTA±00992] Pastar, Inc. Amended Certification Regarding Crown Pacific Limited Partnership, The amended notice applicable to Eligibility To Apply for NAFTA Albeni Falls, Oldtown, Idaho; Notice of NAFTA–00937 is hereby issued as Transitional Adjustment Assistance Termination of Investigation follows: In accordance with section 250(a), Pursuant to Title V of the North All workers of Eagle Garment Finishing, subchapter D, chapter 2, title II, of the American Free Trade Agreement Inc., a/k/a Pastar, Inc., El Paso, Texas, who Trade Act of 1974, as amended (19 Implementation Act (P.L. 103–182) became totally or partially separated from U.S.C. 2273), the Department of Labor employment on or after March 18, 1995, are concerning transitional adjustment issued a Certification for NAFTA eligible to apply for NAFTA–TAA under assistance, hereinafter called (NAFTA– Transitional Adjustment Assistance on Section 250 of the Trade Act of 1974. TAA), and in accordance with Section May 13, 1996, applicable to workers of Signed at Washington, D.C. this 6th day of 250(a), Subchapter D, Chapter 2, Title II, Cambridge Industries, Inc., Commercial June 1996. of the Trade Act of 1974, as amended Truck Group, Ionia, Michigan. The Curtis K. Kooser, (19 U.S.C. 2273), an investigation was notice was published in the Federal Acting Program Manager, Policy and initiated on April 22, 1996 in response Register on May 24, 1996 (61 FR 26220). Reemployment Services, Office of Trade to a petition filed on behalf of workers At the request of the State agency, the Adjustment Assistance. at Crown Pacific Limited Partnership, Department reviewed the certification [FR Doc. 96–15550 Filed 6–18–96; 8:45 am] Albeni Falls, Oldtown, Idaho. for workers of the subject firm. The BILLING CODE 4510±30±M The petitioning worker group is workers produce reinforcement parts for already covered under a previous active auto and truck body panels. New certification (NAFTA–00477). [NAFTA±00810] findings show that some of the workers Consequently, further investigation in of Cambridge Industries, Inc. had their this case would serve no purpose, and Pope & Talbot, Inc., Eau Claire, unemployment insurance (UI) taxes the investigation has been terminated. Wisconsin; Notice of Negative paid under the former company name, Determination Regarding Application GenCorp. Other new findings show that Signed at Washington, D.C., this 7th day of for Reconsideration some of the workers of GenCorp are June 1996. covered under an existing certification, Curtis K. Kooser, By an application dated May 6, 1996, NAFTA–00170, that will expire August Acting Program Manager, Policy and the United Paperworkers International 11, 1996. Reemployment Services, Office of Trade Union, Local No. 42, requested The intent of the Department’s Adjustment Assistance. administrative reconsideration of the certification is to include all workers of [FR Doc. 96–15545 Filed 6–18–96; 8:45 am] subject petition for North American Free Cambridge Industries, Inc. who were BILLING CODE 4510±30±M Trade Agreement-Transitional Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31169

Adjustment Assistance (NAFTA-TAA). Signed at Washington, D.C., this 5th day of L. 92–463, as amended, the National The denial notice was signed on March June 1996. Aeronautics and Space Administration 25, 1996 and published in the Federal Curtis K. Kooser, announces a meeting of the NASA Register on April 3, 1996 (61 FR 14812). Acting Program Manager, Policy and Advisory Council, Advisory Committee Reemployment Services, Office of Trade Pursuant to 29 CFR 90.18(c) on the International Space Station. Adjustment Assistance. DATES: July 8, 1996, 10:00 a.m. to 5:00 reconsideration may be granted under [FR Doc. 96–15551 Filed 6–18–96; 8:45 am] the following circumstances: p.m.; and July 9, 1996, 11:00 a.m. to BILLING CODE 4510±30±M 5:00 p.m. (1) If it appears on the basis of facts ADDRESSES: Lyndon B. Johnson Space not previously considered that the Center, Building 1, Room 966, Houston, determination complained of was FEDERAL MINE SAFETY AND HEALTH TX 77058–3696. erroneous; REVIEW COMMISSION FOR FURTHER INFORMATION CONTACT: (2) if it appears that the determination Mr. Bruce Luna, Code M–4, National complained of was based on a mistake Sunshine Act Meeting Aeronautics and Space Administration, in the determination of facts not June 13, 1996. Washington, DC 20546, 202/358–1101. previously considered; or TIME AND DATE: 10:00 a.m., Thursday, SUPPLEMENTARY INFORMATION: The (3) if in the opinion of the Certifying June 20, 1995. meeting will be open to the public up to the seating capacity of the room. The Officer, a misinterpretation of facts or of PLACE: Room 6005, 6th Floor, 1730 K the law justified reconsideration of the Street, N.W., Washington, DC. agenda for the meeting is as follows: —International Partnerships decision. STATUS: Open. —Hardware Status Workers at the subject firm were MATTERS TO BE CONSIDERED: The —Test and Verification engaged in employment related to the Commission will consider and act upon —Space Station Science and production of diapers. The Union the following: Technology Program claims that sales, production and 1. Ambrosia Coal & Construction Co., and —XCRV Status employment at the Eau Claire, Steen, emp. by Ambrosia Coal & It is imperative that the meeting be Wisconsin production facility have Construction Co., Docket Nos. PENN 93–233 held on these dates to accommodate the declined. The Union also claims that and PENN 94–15. (Issues include whether scheduling priorities of the key competitors in the diaper industry the judge correctly determined that the participants. Visitors will be requested produced articles of sort in Mexico and operator violated 30 C.F.R. § 77.404(a) and to sign a visitor’s register. that the violation was significant and Canada and those articles are being substantial and the result of unwarrantable Dated: June 13, 1996. exported to the United States. The failure, whether Steen’s conduct was Leslie M. Nolan, Union further claims that Paragon Trade imputable to the operator, whether Steen was Advisory Committee Management Officer, Brands, the owner of the Pope & Talbot liable under section 110(c) of the Mine Act, National Aeronautics and Space production facility since January 1995, and whether the penalty assessments were Administration. appropriate.) has purchased the Mabesa diaper [FR Doc. 96–15500 Filed 6–18–96; 8:45 am] facility in Mexico. Any person attending this meeting BILLING CODE 7510±01±M The Department’s denial of NAFTA- who requires special accessibility TAA for workers of Pope & Talbot, Inc., features and/or auxiliary aids, such as Eau Claire, Wisconsin was based on the sign language interpreters, must inform NUCLEAR REGULATORY fact the increased import criteria (3) and the Commission in advance of those COMMISSION needs. Subject to 29 C.F.R. (4) were not met. There was no shift of § 2706.150(a)(3) and § 2706.160(d). Conversion to the Metric System; production from the subject plant to CONTACT PERSON FOR MORE INFO: Jean Policy Statement Mexico or Canada, nor was there any Ellen (202) 653–5629 / (202) 708–9300 company or customer imports of for TDD Relay / 1–800–877–8339 for toll AGENCY: Nuclear Regulatory disposable baby diapers that are like or free. Commission. directly competitive with those Jean H. Ellen, ACTION: Final policy statement. produced by Pope & Talbot, Inc. Chief Docket Clerk. SUMMARY: On September 27, 1995, the Paragon Trade Brands, Inc. [FR Doc. 96–15714 Filed 6–17–96; 8:45 am] U. S. Nuclear Regulatory Commission announced intent to enter into a BILLING CODE 6735±01±M (NRC) published a request for public contract with a Mexican firm to produce comment on its existing metrication disposable baby diapers would not policy. This action was taken in provide a basis for a worker group NATIONAL AERONAUTICS AND accordance with the NRC’s policy certification. SPACE ADMINISTRATION statement of October 7, 1992, in which Conclusion the Commission was to assess the state [Notice 96±064] of metric use by the licensed nuclear After review of the application and NASA Advisory Council, Advisory industry in the United States after 3 investigative findings, I conclude that Committee on the International Space years to determine whether the policy there has been no error or Station (ACISS); Meeting should be modified. The purpose of this misinterpretation of the law or of the notice is to inform the public of the facts which would justify AGENCY: National Aeronautics and Commission’s decision that its reconsideration of the Department of Space Administration. Statement of Policy on Conversion to Labor’s prior decision. Accordingly, the ACTION: Notice of meeting. the Metric System does not need to be application is denied. modified, that it considers this policy SUMMARY: In accordance with the final, and that its conversion to the Federal Advisory Committee Act, Pub. metric system is complete. 31170 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

EFFECTIVE DATE: June 19, 1996. believes that the NRC policy is in NRC policy as written, with the FOR FURTHER INFORMATION CONTACT: Dr. accordance with those requirements. exception of the use of the English Frank A. Costanzi, Chairman, NRC IEEE related that its ‘‘standards are to be system in event reporting and Metrication Oversight Committee, U.S. primarily metric beginning in 1998 and, emergency communication as discussed Nuclear Regulatory Commission, with minor exceptions, exclusively above. Washington, DC 20555; telephone: (301) metric beginning in 2000.’’ Also, IEEE The USP pointed out that the use of 415–6250; e-mail [email protected]. believes that the United States dual units by NRC is in line with USP’s Government ‘‘can and should do more position and practice. However, the SUPPLEMENTARY INFORMATION: than it has done to further the OAS position is that ‘‘to be truly Background metrication process in this country.’’ In responsive to Congress the Commission response to the NRC’s request, IEEE now should go on record as requiring On September 27, 1995 (60 FR 49928), provided the following three comments the use of SI units in all its the U.S. Nuclear Regulatory relating directly to the NRC’s position: communication and documentation.’’ Commission (NRC) published a request (1) The NRC should drop the use of Also, OAS recommended that the NRC for public comment on its policy dual units in its publications and to use ‘‘support the dual citation standard with statement on Conversion to the Metric ‘‘metric units exclusively except where the SI unit appearing first and the System 1 in the Federal Register. This doing so would clearly be detrimental to English or special units following in request for public comment was in public health and safety.’’ brackets or parentheses’’ to accordance with the Policy Statement (2) The NRC policy of using the accommodate the editing style of the published on October 7, 1992 (57 FR English system for all event reporting various States. As noted in the October 46202), which called for the and emergency response 7, 1992, Federal Register notice Commission to determine, after 3 years, communications, although prudent in announcing the NRC’s metrication whether the policy should be modified. 1992, may now cause confusion and policy, the NRC believed and continues Before the publication of the request have a negative impact after various to believe that if metrication were made for public comment, the NRC staff relevant standards have been converted. mandatory by a rulemaking, no contacted various industrial, standards, (3) The NRC should include the corresponding improvement in public and governmental organizations to following statement in its policy: health and safety would result but costs determine their view of the policy. The ‘‘Nothing in this statement of policy would be incurred without benefit. The organizations contacted included the should be interpreted to require the use editing style recommended by OAS is American National Standards Institute of the English system of measurement, consistent with NRC policy. Comments (ANSI), the American Society for or to forbid the use of consensus based were not received from the remaining Testing and Materials (ASTM), the standards that are exclusively metric.’’ groups contacted by the NRC staff. American Society of Mechanical This was proposed so those in the Four letters were received in response Engineers (ASME), the Institute of private sector who wish to move faster to the September 27, 1995, request for Electrical and Electronics Engineers than the Government may be protected. public comment. They were from NEI (IEEE), Inc., the Nuclear Energy Institute With respect to IEEE’s first comment and three nuclear power utilities. NEI’s (NEI), the Nuclear Utility Backfitting concerning the dropping of dual units, statement remained consistent with and Reform Group (NUBARG), the the NRC believes that because of the their earlier positions on metrication, United States Pharmacopeial relatively low number of licensees namely that they did not believe that it Convention (USP), Inc., the Society of operating in the metric system, it would would be in the best interest of safety Nuclear Medicine, and the Organization not be beneficial to make such a change, for the NRC to require nuclear power of Agreement States (OAS). especially because it would not lead to reactors to be operated using SI units. any improvement in the public health Also, NEI continues to support the Comments Received and safety. IEEE’s second comment calls NRC’s policy and recommended that the With few exceptions, these various for dropping that portion of the policy policy remain unchanged. organizations stated their support for requiring event reporting and With respect to the individual utilities the current NRC policy. The nuclear emergency communication between which responded, one requested that power industry position seems to be licensees and any Government agency to the NRC not change the part of the exemplified by the NEI comments in be in the English system of policy which requires that all event which they continue to support the measurement. IEEE believes that the reporting and emergency response current NRC Metrication Policy and ‘‘a English-only event reporting and communications between licensees and transition to the metric system that is emergency communication may have a any Government authority be in the market-driven and avoids a sudden or negative impact after various relevant English system of measurement. precipitous move to conduct licensing standards have been converted to the Another utility endorsed NEI’s position and regulatory matters in metric units.’’ metric system. To consider such a and believes the existing policy is As for the standards-setting groups, change is premature, because the reasonable. The third utility also ASME strongly supports the Omnibus standards referred to by IEEE have not endorsed the NEI position and ‘‘strongly Trade and Competitiveness Act 2 and been converted. The IEEE’s last discourage(d)’’ any change to that part comment calls for the insertion of a of the policy requiring event reporting 1 The metric system refers to units belonging to statement noting that use of the English and emergency response the Internationale System of Units, which is system is not required and that the use communications between licensees and abbreviated SI (from the French Le Syste`me of metric standards is not prohibited. Internationale d’Unite`s), as interpreted or modified any Government authorities to be in the for use in the United States by the Secretary of This statement is consistent with the English system of measurement. Commerce. 2 On August 10, 1988, Congress passed the and measures for the United States trade and Small Business Regulatory Enforcement Omnibus Trade and Competitiveness Act (the Act), commerce. The Act also requires that all Federal Fairness Act (19 U.S.C. 2901 et seq.), which amended the Metric agencies convert to the metric system of Conversion Act of 1975, (15 U.S.C. 205a et seq.). measurement in their procurements, grants, and In accordance with the Small Section 5164 of the Act (15 U.S.C. 205a) designates other business-related activities by the end of fiscal Business Regulatory Enforcement the metric system as the preferred system of weights year 1992. Fairness Act of 1996, the NRC has Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31171 determined that this action is not a Regulation and the General Services create the possibility of a new or major rule and has verified this Administration metrication program in different kind of accident from any determination with the Office of executing procurements. Lastly, the accident previously evaluated; or (3) Information and Regulatory Affairs of Commission considers this policy final involve a significant reduction in a OMB. and conversion to the metric system margin of safety. The basis for this complete. The Commission does not Statement of Policy proposed determination for each intend to revisit this policy unless it is amendment request is shown below. The Commission’s policy on causing an undue burden or hardship. The Commission is seeking public Conversion to the Metric System Dated at Rockville, Maryland, this 12th day comments on this proposed remains essentially as stated in the of June 1996. determination. Any comments received Federal Register (57 FR 46202) of For the Nuclear Regulatory Commission. within 30 days after the date of October 7, 1992. publication of this notice will be The NRC supports and encourages the John C. Hoyle, Secretary of the Commission. considered in making any final use of the metric system of determination. measurement by licensed nuclear [FR Doc. 96–15397 Filed 6–17–96; 8:45 am] Normally, the Commission will not industry. In order to facilitate the use of BILLING CODE 7590±01±P issue the amendment until the the metric system by licensees and expiration of the 30-day notice period. applicants, beginning January 7, 1993, However, should circumstances change the NRC will publish the following Biweekly Notice during the notice period such that documents in dual units: New failure to act in a timely way would regulations, major amendments to Applications and Amendments to result, for example, in derating or existing regulations, regulatory guides, Facility Operating Licenses Involving shutdown of the facility, the NUREG-series documents, policy No Significant Hazards Considerations statements, information notices, generic Commission may issue the license amendment before the expiration of the letters, bulletins, and all written I. Background communications directed to the public. 30-day notice period, provided that its Documents specific to a licensee, such final determination is that the Pursuant to Public Law 97–415, the amendment involves no significant as inspection reports and docketed U.S. Nuclear Regulatory Commission material dealing with a particular hazards consideration. The final (the Commission or NRC staff) is determination will consider all public licensee, will be in the system of units publishing this regular biweekly notice. employed by the licensee. This protocol and State comments received before Public Law 97–415 revised section 189 action is taken. Should the Commission reflects a general approach that only of the Atomic Energy Act of 1954, as documents applicable to all licensees, or take this action, it will publish in the amended (the Act), to require the Federal Register a notice of issuance to all licensees of a given type in which Commission to publish notice of any a licensee may operate in the metric and provide for opportunity for a amendments issued, or proposed to be hearing after issuance. The Commission system will contain dual units. issued, under a new provision of section Otherwise, English or metric units alone expects that the need to take this action 189 of the Act. This provision grants the will occur very infrequently. are permissible. In dual-unit documents, Commission the authority to issue and Written comments may be submitted the first unit presented will be in the make immediately effective any by mail to the Chief, Rules Review and International System of Units with the amendment to an operating license Directives Branch, Division of Freedom English unit shown in brackets. The upon a determination by the of Information and Publications NRC will modify existing documents Commission that such amendment Services, Office of Administration, U.S. and procedures as needed to facilitate involves no significant hazards Nuclear Regulatory Commission, use of the metric system by licensees consideration, notwithstanding the Washington, DC 20555–0001, and and applicants. In addition, the NRC pendency before the Commission of a will provide staff training as needed. request for a hearing from any person. should cite the publication date and Further, through its participation in This biweekly notice includes all page number of this Federal Register national, international, professional, notices of amendments issued, or notice. Written comments may also be and industry standards organizations proposed to be issued from May 24, delivered to Room 6D22, Two White and committees and through its work 1996, through June 7, 1996. The last Flint North, 11545 Rockville Pike, with other industry organizations and biweekly notice was published on June Rockville, Maryland from 7:30 a.m. to groups, the NRC will encourage and 5, 1996 (61 FR 28604). 4:15 p.m. Federal workdays. Copies of further the use of the metric system in written comments received may be formulating and adopting standards and Notice Of Consideration Of Issuance Of examined at the NRC Public Document policies for the licensed nuclear Amendments To Facility Operating Room, the Gelman Building, 2120 L industry. Licenses, Proposed No Significant Street, NW., Washington, DC. The filing However, if the NRC concludes that Hazards Consideration Determination, of requests for a hearing and petitions the use of any particular system of And Opportunity For A Hearing for leave to intervene is discussed measurement would be detrimental to The Commission has made a below. the public health and safety, the proposed determination that the By July 19, 1996, the licensee may file Commission will proscribe the use of following amendment requests involve a request for a hearing with respect to that system by regulation, order, or no significant hazards consideration. issuance of the amendment to the other appropriate means. In particular, Under the Commission’s regulations in subject facility operating license and all event reporting and emergency 10 CFR 50.92, this means that operation any person whose interest may be response communications between of the facility in accordance with the affected by this proceeding and who licensees, the NRC, and State and local proposed amendment would not (1) wishes to participate as a party in the authorities will be in the English system involve a significant increase in the proceeding must file a written request of measurement. Further, the NRC will probability or consequences of an for a hearing and a petition for leave to follow the Federal Acquisition accident previously evaluated; or (2) intervene. Requests for a hearing and a 31172 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices petition for leave to intervene shall be hearing. The petitioner must also Register notice. A copy of the petition filed in accordance with the provide references to those specific should also be sent to the Office of the Commission’s ‘‘Rules of Practice for sources and documents of which the General Counsel, U.S. Nuclear Domestic Licensing Proceedings’’ in 10 petitioner is aware and on which the Regulatory Commission, Washington, CFR Part 2. Interested persons should petitioner intends to rely to establish DC 20555–0001, and to the attorney for consult a current copy of 10 CFR 2.714 those facts or expert opinion. Petitioner the licensee. which is available at the Commission’s must provide sufficient information to Nontimely filings of petitions for Public Document Room, the Gelman show that a genuine dispute exists with leave to intervene, amended petitions, Building, 2120 L Street, NW., the applicant on a material issue of law supplemental petitions and/or requests Washington, DC and at the local public or fact. Contentions shall be limited to for a hearing will not be entertained document room for the particular matters within the scope of the absent a determination by the facility involved. If a request for a amendment under consideration. The Commission, the presiding officer or the hearing or petition for leave to intervene contention must be one which, if Atomic Safety and Licensing Board that is filed by the above date, the proven, would entitle the petitioner to the petition and/or request should be Commission or an Atomic Safety and relief. A petitioner who fails to file such granted based upon a balancing of Licensing Board, designated by the a supplement which satisfies these factors specified in 10 CFR Commission or by the Chairman of the requirements with respect to at least one 2.714(a)(1)(i)-(v) and 2.714(d). Atomic Safety and Licensing Board contention will not be permitted to For further details with respect to this Panel, will rule on the request and/or participate as a party. action, see the application for petition; and the Secretary or the Those permitted to intervene become amendment which is available for designated Atomic Safety and Licensing parties to the proceeding, subject to any public inspection at the Commission’s Board will issue a notice of a hearing or limitations in the order granting leave to Public Document Room, the Gelman an appropriate order. intervene, and have the opportunity to Building, 2120 L Street, NW., As required by 10 CFR 2.714, a participate fully in the conduct of the Washington, DC, and at the local public petition for leave to intervene shall set hearing, including the opportunity to document room for the particular forth with particularity the interest of present evidence and cross-examine facility involved. the petitioner in the proceeding, and witnesses. how that interest may be affected by the If a hearing is requested, the Boston Edison Company, Docket No. results of the proceeding. The petition Commission will make a final 50–293, Pilgrim Nuclear Power Station, should specifically explain the reasons determination on the issue of no Plymouth County, Massachusetts why intervention should be permitted significant hazards consideration. The Date of amendment request: April 25, with particular reference to the final determination will serve to decide 1996 following factors: (1) the nature of the when the hearing is held. Description of amendment request: petitioner’s right under the Act to be If the final determination is that the The proposed amendment would made a party to the proceeding; (2) the amendment request involves no change the definition of Operable- nature and extent of the petitioner’s significant hazards consideration, the Operability, revise Technical property, financial, or other interest in Commission may issue the amendment Specifications (TSs) and associated the proceeding; and (3) the possible and make it immediately effective, Bases Section for TSs 3.5.F.1, ‘‘Core and effect of any order which may be notwithstanding the request for a Containment Cooling systems,’’ TSs entered in the proceeding on the hearing. Any hearing held would take 3.9.B.1, 3.9.B.2, 3.9.B.3, 3.9.b.4, petitioner’s interest. The petition should place after issuance of the amendment. ‘‘Auxiliary Electrical System,’’ and TSs also identify the specific aspect(s) of the If the final determination is that the 3.7.B.1.a, c, and e, and 3.7.b.2.a, c, and subject matter of the proceeding as to amendment request involves a e, ‘‘Standby Gas Treatment System and which petitioner wishes to intervene. significant hazards consideration, any Control Room High Efficiency Air Any person who has filed a petition for hearing held would take place before Filtration System,’’ and delete TSs leave to intervene or who has been the issuance of any amendment. 4.5.F.1, ‘‘Core and Containment Cooling A request for a hearing or a petition admitted as a party may amend the Systems,’’ and 3.7.B.1.f, ‘‘Standby Gas for leave to intervene must be filed with petition without requesting leave of the Treatment System and Control Room the Secretary of the Commission, U.S. Board up to 15 days prior to the first High Efficiency Air Filtration System.’’ prehearing conference scheduled in the Nuclear Regulatory Commission, Basis for proposed no significant proceeding, but such an amended Washington, DC 20555–0001, Attention: hazards consideration determination: petition must satisfy the specificity Docketing and Services Branch, or may As required by 10 CFR 50.91(a), the requirements described above. be delivered to the Commission’s Public licensee has provided its analysis of the Not later than 15 days prior to the first Document Room, the Gelman Building, issue of no significant hazards prehearing conference scheduled in the 2120 L Street, NW., Washington DC, by consideration, which is presented proceeding, a petitioner shall file a the above date. Where petitions are filed below: supplement to the petition to intervene during the last 10 days of the notice 1. The proposed amendment does not which must include a list of the period, it is requested that the petitioner involve a significant increase in the contentions which are sought to be promptly so inform the Commission by probability or consequences of an accident litigated in the matter. Each contention a toll-free telephone call to Western previously evaluated. must consist of a specific statement of Union at 1-(800) 248–5100 (in Missouri Operation of PNPS [Pilgrim Nuclear Power the issue of law or fact to be raised or 1-(800) 342–6700). The Western Union Station] in accordance with the proposed controverted. In addition, the petitioner operator should be given Datagram license amendment will not involve a shall provide a brief explanation of the Identification Number N1023 and the significant increase in the probability or consequences of an accident previously bases of the contention and a concise following message addressed to (Project evaluated because of the following: statement of the alleged facts or expert Director): petitioner’s name and Definition of ‘‘Operable-Operability’’ opinion which support the contention telephone number, date petition was Definitions perform a supporting function and on which the petitioner intends to mailed, plant name, and publication for other sections of the TS. The definition rely in proving the contention at the date and page number of this Federal of ‘‘Operable-Operability’’ affects the manner Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31173 in which the requirements for a Limiting a Loss of Offsite Power (LOOP) condition, the Since the proposed change does not affect the Condition for Operation (LCO) and its capability to power vital and auxiliary design or negatively affect the performance of associated remedial actions are applied when system components remains available via the the EDGs, the change will not result in a a support system is inoperable. This other EDG, and for one train of ESF significant increase in the consequences or definition re-affirms the principle that a equipment via the SDT for all operating, probability of an accident previously system is operable when it is capable of transient and accident conditions. Increasing analyzed. performing its specified function and when the EDG AOT to 14 days provides flexibility SGT [Standby Gas Treatment] and all necessary support systems are also in the maintenance and repair of the EDGs. CRHEAF [Control Room High Efficiency Air capable of performing their related support The EDG unavailability will be monitored Filtration] functions. The corollary is that a system is and trended in accordance with the During normal plant operation, with one inoperable when it is not capable of Maintenance Rule. The PSA analyses SGT or CRHEAF subsystem inoperable, the performing its specified function or when a supports the change to a 14 day AOT for the inoperable subsystem must be restored to necessary support system is not capable of EDGs based on an insignificant increase in operable status in 7 days. In this condition, performing its related support function. overall risk. Implementation of the proposed the remaining operable SGT or CRHEAF No changes are being made to the plant change is expected to result in less than a one subsystem is adequate to perform the design, system configuration, or method of percent increase in the baseline core damage required radioactivity release control operation. The proposed change does not frequency (2.84E–05/yr), which is considered function. However, the overall system affect the ability of the AC power sources to to be insignificant relative to the underlying reliability is reduced because a single failure perform their required safety functions nor uncertainties involved with probabilistic in the operable subsystem could result in the affect the ability of the features they support safety assessments. Additional conditions are radioactivity release control function not to perform their respective safety functions. added to the Standby Liquid Control, being adequately performed. The 7 day Therefore, the proposed change does not Standby Gas Treatment, and Control Room completion time is based on consideration of involve a significant increase in the High Efficiency Air Filtration systems such factors as the availability of the operable probability or consequences of an accident requiring the EDG associated with these redundant SGT subsystem and the low previously evaluated. systems to remain operable while in the 14 probability of a DBA [design basis accident] EDG [Emergency Diesel Generator] day EDG AOT. Thus, the 14 day EDG AOT occurring during this period. An Individual Plant Examination (IPE) for does not involve a significant increase in the If the SGT or CRHEAF subsystem cannot Internal Events was submitted to the NRC in probability or consequences of an accident be restored to operable status within 7 days response to Generic Letter 88–20 in previously evaluated. when in the Run, Startup, or Hot Shutdown September 1992. The IPE was used to Eliminating the 4.5.F.1 requirement for MODE, the plant must be brought to a MODE quantify the overall impact of the proposed daily testing of the operable diesel generator in which the LCO does not apply. To achieve 14 day allowed outage time on core damage when the redundant diesel generator this status, the plant must be brought to at frequency. Part III provides the results of a becomes inoperable is consistent with the least Hot Shutdown within 12 hours and to comprehensive Probabilistic Safety guidance provided in Generic Letter 93–05. Cold Shutdown within 36 hours. The Assessment (PSA) of the impact of the The change does not affect the ability of the allowed completion times are reasonable, proposed AOTs [allowed outage times] for emergency diesel generator to perform on based on operating experience, to reach the the EDGs and Startup and Shutdown demand, and by actually lowering the required plant conditions from full power transformers. As shown in Part III, there is number of demands to demonstrate conditions in an orderly manner and without not a significant increase in risk due to the operability, reduces the probability of challenging plant systems. proposed change. Thus the proposed change equipment failure. The redundant EDG will Current TS governing refueling operations does not involve a significant increase in the remain in service during the entire period of restrict fuel movement if one train of SGTS probability or consequences of an accident inoperability of the out-of-service EDG. If a or one train of CRHEAF are inoperable. In previously evaluated. common cause failure cannot be ruled out, this condition the remaining operable SGT The existing specification 3.9.B.1 is being the redundant EDG will be tested to assure and CRHEAF trains are adequate to perform separated into two segments (a and b) operability. The proposed revisions do not the required radioactivity release control because of the proposed and different AOTs involve a significant change to the plant functions. However, the overall system for the Startup and Shutdown transformers. design or operation, only to the manner in reliability is reduced because a single failure As a result of the PSA, the AOT for the which remaining equipment is confirmed to in the operable train could result in the Startup transformer (a) is reduced from 7 be operable, which is consistent with NRC radioactivity release control function of the days to 72 hours, while the AOT for the guidance. Thus operation of PNPS in systems not being adequately performed. Shutdown transformer (b) remains at 7 days. accordance with the proposed license New requirements are added that require if The reduction of the AOT from 7 days to 3 amendment will not involve a significant one train of SGT or CRHEAF is inoperable, days is based on the relative risk importance increase in the probability or consequences the redundant train of SGT or CRHEAF must of the Startup transformers support to the of an accident previously evaluated. be demonstrated to be operable within 2 balance of plant systems. Similarly, an The 3.9.B.1 and 2 requirements to hours. This substantiates the availability of additional reduction from 72 hours to 48 demonstrate both EDGs and associated the operable trains. Fuel handling is limited hours is proposed in the AOT for a emergency buses operable are deleted. This only to the following 7 days and if the simultaneous loss of both the Startup change is based on the NRC guidance inoperable train is not returned to an transformer and an EDG (TS 3.9.B.4.b) based provided in item 10.1 of Generic Letter 93– operable condition within that time frame, upon the Startup transformer’s contribution 05, ‘‘Line-Item Technical Specification the operable SGT train is placed in operation to risk in relation to the EDG 14-day AOT Improvements to Reduce Surveillance or fuel handling activities are suspended. For risk assessment analysis and that two power Requirements for Testing During Power CRHEAF, after 7 days, the operable sources have been removed from the Operation.’’ Revising the methods for subsystem is demonstrated operable in associated bus. The AOT reductions verifying EDG and emergency bus operability accordance with existing surveillances on a represent a measurable decrease in risk as does not physically alter the plant or have an daily basis. The proposed changes do not assessed in the PSA. Thus, the probability or affect on the probability or consequences of modify system design, use, or configuration consequences of an accident previously an accident previously evaluated. Deleting in a manner different from their original evaluated are not significantly increased. the testing requirements for an EDG when the design and therefore do not involve a The current technical specifications allow other EDG is inoperable does not increase the significant increase in the consequences or one EDG to be out of service for three days probability or consequences of an accident probability of an accident previously based on the availability of the SUT [startup previously evaluated because the reliability analyzed. transformer] and SDT [shutdown program and routinely performed TS The revisions to make the SGT and transformer] and the fact that each EDG surveillances continue to provide the added CRHEAF TS sections similar in wording are carries sufficient engineered safeguards assurance sought by the testing. The made to enhance usability and alleviate equipment to cover all design basis elimination of this testing will serve to possible confusion. These changes are strictly accidents. With one EDG out of service and improve the overall reliability of the EDGs. editorial, have no impact, and do not alter 31174 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices technical content or meaning of the that offsite power is available and that a systems relied upon in the safety analyses specifications. These editorial changes do not common cause failure is not present. These provide plant protection. Plant safety involve a significant increase in the actions provide assurance that the required margins are maintained through the probability or consequences of an accident emergency buses can be energized with no limitations established in the TS LCOs. Since previously analyzed. loss of functions to mitigate accident or there will be no significant reduction to the 2. The proposed amendment does not transient conditions. In addition, Pilgrim has physical design or operation of the plant create the possibility of a new or different implemented an EDG reliability program to there will be no significant reduction to any kind of accident from any accident maintain reliability of EDGs. The proposed of these margins. previously evaluated. change does not introduce any new mode of EDG The operation of PNPS in accordance with plant operation or new accident precursors, Operation of PNPS in accordance with the the proposed license amendment will not involve any physical alterations to plant proposed license amendment will not create the possibility of a new or different configurations, or make changes to system set involve a significant reduction in a margin of kind of accident from any accident points that could initiate a new or different safety. As shown in Part III [of the previously evaluated because of the kind of accident. Therefore, operation in application dated April 25, 1996], following: accordance with the proposed change does incorporation of the proposed change Definition of ‘‘Operable-Operability’’ not create the possibility of a new or different involves an insignificant reduction in the The revised definition redefines the AC kind of accident from any previously margin of safety. power needs to allow either onsite or offsite evaluated. The proposed changes do not significantly power available for systems/subsystems to be The AOT for an inoperable Startup reduce the basis for any technical considered operable. This does not Transformer is reduced from 7 days to 72 specification related to the establishment of, compromise the level of safety already hours based upon the PSA that was or the maintenance of, a safety margin nor do afforded to such systems/subsystems because performed to quantitatively assess the risk they require physical modifications to the the functional operability requirements impact of the proposed amendment. The plant. Additional conditions are added to the continue to be assured through the technical proposed reduction in AOT improves overall Standby Liquid Control, Standby Gas specifications applicable to such systems/ AC power source availability because the Treatment, and Control Room High subsystems. AC power availability continues SUT will potentially be inoperable for shorter Efficiency Air Filtration systems requiring to be assured through existing and proposed time periods. Therefore, reducing the AOT the diesel generator associated with the surveillances and action statements does not create the possibility of a new or redundant operable trains of these systems to applicable to AC power systems. Reducing different kind of accident from any accident remain operable while in the 14 day EDG the need for both onsite and offsite power previously evaluated. AOT. Moreover, the PSA results showed that sources in order to consider operable, the SGT and CRHEAF the risk contribution of extending the AOT systems/subsystems powered by these AC The SGT system is designed to filter for an inoperable EDG is insignificant. The power sources, provides additional radioactive materials from the secondary reduction in the AOT for the SUT could operational flexibility by allowing redundant containment following a postulated DBA or improve availability, therefore, reducing systems/subsystems to still be considered fuel handling accident prior to release to the overall risk. Likewise the proposed changes ‘‘operable’’ within the requirements of their environment to ensure compliance with 10 in the deletion of testing have no impact on functional operability requirements. No new CFR 100 limits. the safety margin. change or modes of plant operation are The CRHEAF is designed to filter intake air As previously stated, implementation of involved. Therefore, operation in accordance for the control room atmosphere during the proposed changes is expected to result in with the revised definition does not conditions when normal intake air may be an insignificant increase in: (1) power introduce any new or different kind of contaminated. unavailability to the emergency buses (given accident from any accident previously The proposed revisions do not affect the that a loss of offsite power has occurred), and evaluated. ability of the SGTS or CRHEAF to perform (2) core damage frequency. Implementation EDG their intended function, do not create the of the proposed changes does not increase The proposed amendment will extend the possibility of a new or different kind of the consequences of a previously analyzed action completion/allowed outage time for an accident from the loss of coolant or fuel accident nor significantly reduce a margin of inoperable emergency diesel generator from handling accidents previously analyzed, and safety. Functioning of the EDGs and the 72 hours to 14 days. The EDGs are designed do not modify system configuration, use, or manner in which limiting conditions of as backup AC power sources for essential design. Therefore, operating Pilgrim in operation are established are unaffected. safety systems in the event of loss of offsite accordance with this change will not create SGT and CRHEAF power. The proposed AOT does not change the possibility of a new or different kind of SGT and CRHEAF contribute to the margin the conditions, operating configurations or accident from any accident previously of safety by supporting the secondary minimum amount of operating equipment analyzed. containment system during fuel handling by assumed in the safety analysis for accident The revisions to make the SGT and mitigating the consequences of a fuel mitigation. The EDGs and AC equipment are CRHEAF TS sections similar in wording are handling event. Allowing fuel movement to not accident initiators. No change is being made to enhance usability and alleviate continue as established in the LCOs does not made in the manner in which the EDG’s possible confusion. These changes are strictly involve a significant reduction in the margin provide plant protection. No new modes of editorial, have no impact, and do not alter of safety because the first line of defense, the plant operation are involved. An extended technical content or meaning of the other SGT and CRHEAF trains will be AOT for one EDG does not increase the specifications. These editorial changes do not operable. The proposed change will allow probability of occurrence of a new or create the possibility of a new or different placing the Operable SGT subsystem in different kind of accident previously kind of accident from any previously operation, or in the case of CRHEAF, evaluated. The PSA results concluded that analyzed. conducting daily testing, as an alternative to the risk contribution of the EDG AOT 3. The proposed amendment does not suspending movement of irradiated fuel. This extension is insignificant. involve a significant reduction in a margin of alternative is less restrictive than the existing The current Pilgrim Technical safety. requirement, however, the proposed Specifications requiring immediate and daily The operation of PNPS in accordance with requirements ensure that the remaining testing of the redundant operable EDG is the proposed license amendment will not subsystem is operable, that no failures that based on the assumption that the increased involve a significant reduction in a margin of could prevent actuation have occurred, and testing provides additional assurance that the safety because of the following: that any failure would be readily detected. equipment is available should it be needed. Definition of ‘‘Operable-Operability’’ The proposed change does not result in a Industry experience indicates that repetitive The implementation of the ‘‘Operability’’ significant reduction in a margin of safety testing can place demands and wear on the definition clarifies the relationship between because it allows operations which have the EDG without necessarily providing AC power supplies and the operability status potential for releasing radioactive material to additional confidence of availability. Also, of the equipment requiring AC power. No the secondary containment to continue only the new surveillance requires verification change is being made in which the plant if the system designed to mitigate the Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31175 consequences of this release is functioning. limit for the manipulator crane. The actual Duke Power Company, Docket Nos. 50– Proper operation of only one SGT or one absolute value of the cutoff limit will not be 413 and 50–414, Catawba Nuclear CRHEAF subsystem is sufficient to mitigate increased and will not affect the [probability] Station, Units 1 and 2, York County, the consequences of any analyzed accident. of any plant accidents. Therefore, this change does not change any South Carolina Since there is no actual increase in the of the assumptions in the accident analysis Date of amendment request: absolute overload cutoff limit, there will be and does not involve a significant reduction December 14, 1995, as supplemented by no adverse effects to the crane, cables, or in a margin of safety. letter dated May 16, 1996 associated hardware. Therefore, there is no The revisions to make the SGT and Description of amendment request: impact on the crane’s ability to perform its CRHEAF TS sections similar in wording are The proposed amendments would made to enhance usability and alleviate intended function. Even though the net change the Technical Specifications possible confusion. These changes are strictly lifting forces on an individual assembly have (TS) to improve the TS Action editorial, have no impact, and do not alter increased 25 pounds, the limit is within the technical content or meaning of the recommended Westinghouse guidelines with Statements and Surveillance specifications. These editorial changes do not respect to fuel handling and will not result Requirements for diesel generators in involve a significant reduction in the margin accordance with the recommendations of safety. in potential damage to assembly grids during fuel handling activities. and guidance in Generic Letter 93–05, The NRC staff has reviewed the Generic Letter 94–01, NUREG–1366, licensee’s analysis and, based on this As such, CYAPCO [Connecticut Yankee Atomic Power Company] has concluded that and NUREG–1431. The proposed review, it appears that the three amendments would also incorporate standards of 50.92(c) are satisfied. these changes do not involve an increase in the probability or consequences of an technical and administrative changes. Therefore, the NRC staff proposes to Basis for proposed no significant determine that the amendment request accident previously evaluated. 2. [The proposed change does not] create hazards consideration determination: involves no significant hazards As required by 10 CFR 50.91(a), the consideration. the possibility of a new or different kind of accident from any accident previously licensee has provided its analysis of the Local Public Document Room issue of no significant hazards location: Plymouth Public Library, 11 evaluated. The changes conservatively revise the consideration, which is presented North Street, Plymouth, Massachusetts below: 02360. method of determining the overload cutoff limit for the manipulator crane. There is no Criterion 1 Attorney for licensee: W. S. Stowe, Operation of the facilities in accordance impact on the basic functioning of plant Esquire, Boston Edison Company, 800 with the requested amendments will not Boylston Street, 36th Floor, Boston, systems or equipment. Therefore, the change involve a significant increase in the Massachusetts 02199. does not create a malfunction that is different probability or consequences of an accident NRC Project Director: Jocelyn A. from those previously evaluated. previously evaluated. Improvements to the Mitchell, Acting As such, the proposed changes described LCOs [limiting condition for operation] and above do not create the possibility of a new surveillance requirements for the emergency Connecticut Yankee Atomic Power or different kind of accident from any diesel generators do not affect their capability Company, Docket No. 50–213, Haddam previously evaluated. to provide emergency power to plant vital Neck Plant, Middlesex County, 3. [The proposed change does not] involve instruments and safety related equipment. In Connecticut a significant reduction in a margin of safety. fact, these improvements make the diesel generators more reliable since they The proposed revisions in the methodology Date of amendment request: April 22, significantly reduce the amount of wear and 1996 for determining the overload cutoff limit for stress due to excessive and unnecessary Description of amendment request: the manipulator crane is conservative and in testing. The proposed monthly testing of the The licensee is proposing to change the accordance with vendor standards. The diesel generator continues to ensure that the technical specifications to reflect a changes do not adversely affect any system is ready for service when needed. The revision to the overload cutoff limit on equipment credited in the safety analysis. fast starts and fast loadings continue to the manipulator crane inside the Also, the changes do not adversely affect the ensure that the timing and loading containment at the Haddam Neck Plant. probability or consequences of any plant requirements for engineered safety features Due to a change in fuel design and accident, including the fuel handling actuation are met. The proposed changes do accident or offsite doses associated with not affect any of the design basis accident supplier, the heaviest fuel assembly analyses previously evaluated. Therefore, those accidents. design starting in Cycle 20 will be the these proposed changes do not involve any Westinghouse-supplied LOPAR design. As such, the proposed changes have no increase in the probability or consequences Therefore, the heaviest combination significant impact on a margin of safety. of any accident previously evaluated. The beginning in Cycle 20 will be the The NRC staff has reviewed the proposed changes are fully consistent with Westinghouse LOPAR fuel assembly licensee’s analysis and, based on this the recommendations and guidance with a full-length rod cluster control review, it appears that the three contained in GL [Generic Letter] 93–05, GL assembly (RCCA) inserted. It will now standards of 10 CFR 50.92(c) are 94–01, NUREG–1366, NUREG–1431, and are be used as the standard for the overload compatible with plant operating experience. satisfied. Therefore, the NRC staff Criterion 2 cutoff limit on the manipulator crane. proposes to determine that the Basis for proposed no significant Operation of the facilities in accordance amendment request involves no with the requested amendments will not hazards consideration determination: significant hazards consideration. create the possibility of a new or different As required by 10 CFR 50.91(a), the kind of accident from any accident licensee has provided its analysis of the Local Public Document Room location: Russell Library, 123 Broad previously evaluated. The proposed changes issue of no significant hazards in fact improve the reliability of the diesel consideration, which is presented Street, Middletown, CT 06457 generators by eliminating unnecessary wear below: Attorney for licensee: Lillian M. and stress. Improved reliability decreases the 1. [The proposed change does not] involve Cuoco, Esq., Senior Nuclear Counsel, failure probability which also decreases the a significant increase in the probability or Northeast Utilities Service Company, probability of an accident not previously consequences of an accident previously P.O. Box 270, Hartford, CT 06141–0270 evaluated. None of the requested evaluated. amendments increase the common mode The proposed change will revise the NRC Project Director: Phillip F. failure probability thus would not increase method of determining the overload cutoff McKee the chance of both EDG’s [emergency diesel 31176 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices generators] for a particular nuclear unit being method, revise the frequency of subsequent prompt reactivity excursions are out of service simultaneously. The proposed performing the surveillance during fuel prevented during the insertion of fuel, changes are fully consistent with the loading, or alter the method of verifying provided all control rods are fully inserted recommendations and guidance contained in the fuel is being loaded in compliance during the fuel insertion. The refueling GL 93–05, GL 94–01, NUREG–1366, NUREG– interlocks accomplish this by preventing 1431, and are compatible with plant with the approved method. Grand Gulf loading fuel into the core with any control operating experience. Unit 1 and River Bend Unit 1 are both rod withdrawn, or by preventing withdrawal Criterion 3 General Electric (GE) Boiling Water of a rod from the core during fuel loading. Operation of the facilities in accordance Reactor (BWR)-6 plants, the latest LCO 3.10.6 allows multiple control rod with the requested amendments will not version of the GE design series. withdrawals, control rod removals, involve a significant reduction in a margin of Basis for proposed no significant associated control rod drive (CRD) removal, safety. The proposed monthly testing of the hazards consideration determination: or any combination of these, and the ‘‘full in’’ diesel generators continues to ensure that the position indication input to the refueling As required by 10 CFR 50.91(a), the interlocks is allowed to be bypassed for each system is ready for service when needed. The licensee has provided its analysis of the fast starts and fast loadings continue to withdrawn control rod if all fuel has been ensure that the timing and loading issue of no significant hazards removed from the cell. This supports the requirements for engineered safety features consideration, which is presented GGNS Updated Final Safety Analyses Report actuation are met. The proposed changes below: (UFSAR) and RBS Updated Safety Analyses improve the reliability of the diesel Entergy Operations, Inc. [(EOI)] propose[d] Report (USAR) analyses since, with no fuel generators. Implementation of the to change the current Grand Gulf Nuclear assemblies in the core cell, the associated control rod has no reactivity control function Maintenance Rule also ensures continued Station (GGNS) and River Bend Station (RBS) and does not need to remain inserted. Prior reliability of the diesel generators. No margin Technical Specifications [(TSs)]. The specific to reloading fuel into the cell, however, the of safety is decreased as a result of these TS proposed change is to add an additional associated control rod must be inserted to changes. method of performing fuel loading into LCO ensure that an inadvertent criticality does not The NRC staff has reviewed the 3.10.6, ‘‘Multiple Control Rod Withdrawal - Refueling’’. The proposed change would occur, as evaluated in the analysis. licensee’s analysis and, based on this The Technical Specification [TS] review, it appears that the three allow fuel loading [in the core] if a positive means of assuring fuel assemblies cannot be requirements prohibiting fuel loading was standards of 10 CFR 50.92(c) are loaded into a core cell with a withdrawn or placed in the Technical Specifications [TSs] satisfied. Therefore, the NRC staff removed control rod is in effect. [Currently, for GGNS and RBS as part of the originally enforced Technical Specification [TS] proposes to determine that the the TSs for both plants allow fuel assembles requirements to resolve NRC concerns amendment request involves no to be loaded in compliance with an approved identified in IE Information Notice No. 83– spiral reload sequence which is used to significant hazards consideration. 35, ‘‘Fuel Movement with Control Rods ensure the reactivity additions are Local Public Document Room Withdrawn at BWRs,’’ (IEN 83–35). IEN 83– minimized. Spiral loadings encompass location: York County Library, 138 East 35 details instances where fuel assemblies Black Street, Rock Hill, South Carolina reloading a core cell on the edge of a were loaded into core cells while the control 29730 continuous fueled region.] rod was withdrawn and discusses that the Attorney for licensee: Mr. Albert Carr, The Commission has provided standards General Electric Company (GE) had issued for determining whether a no significant Service Information Letter (SIL) No. 372. Duke Power Company, 422 South hazards consideration exists as stated in 10 Church Street, Charlotte, North Carolina SIL No. 372 discusses a potential event CFR 50.92(c). A proposed amendment to an where 8 fuel assemblies are loaded into 2 28242 operating license involves no significant NRC Project Director: Herbert N. [two] adjacent core cells where the control hazards consideration if operation of the rods are withdrawn and no action is taken to Berkow facility in accordance with the proposed recover from the errors. In this SIL GE amendment would not: (1) involve a identified that the probability of such an Entergy Operations, Inc., et al., Docket significant increase in the probability or No. 50–416, Grand Gulf Nuclear event occurring was extremely low but consequences of an accident previously potentially slightly higher than 10±6 Station, Unit 1, Claiborne County, evaluated; or (2) create the possibility of a probability of the event even further to where Mississippi and Docket No. 40–458, new or different kind of accident from any it need not be considered credible (i.e., below River Bend Station, Unit 1, West accident previously evaluated; or (3) involve 10±6 per reactor year), GE recommended that Feliciana Parish, Louisiana a significant reduction in a margin of safety. the additional administrative control of Entergy Operations, Inc. [EOI] has Date of amendment request: April 18, prohibiting loading fuel with withdrawn rods evaluated the no significant hazards be enforced. 1996, as supplemented by letter dated consideration in its request for this license The proposed change will only provide an June 4, 1996 amendment and determined that no additional way to meet the intent of the Description of amendment request: significant hazards consideration results from original GE recommendation. [The currently The licensee has proposed to (1) amend this change. In accordance with 10 CFR approved method is listed in LCO 3.10.6 and Limiting Condition for Operation (LCO) 50.91(a), Entergy Operations, Inc. [EOI] is Surveillance Requirement 3.10.6.3.]. The 3.10.6 and Surveillance Requirement providing the analysis of the proposed proposed change will provide the additional 3.10.6.3, and (2) add a Surveillance amendment against the three standards in 10 allowance to perform fuel loading only if an CFR 50.92(c). A description of the no additional positive means of assuring fuel Requirement 3.10.6.4 of the Technical significant hazards consideration Specifications (TSs) for the Grand Gulf assemblies cannot be loaded into a core cell determination follows: with a withdrawn or removed control rod is Nuclear Station, Unit 1, and the River I. The proposed change does not in effect. The positive means will entail a Bend Station, Unit 1, to allow another significantly increase the probability or physical barrier such that, even if refueling method of fuel movement and loading consequences of an accident previously procedures were violated and an attempt was in the core when control rods are evaluated. made to load a fuel assembly into a core cell removed or withdrawn from defueled The refueling interlocks (i.e., the refueling with a withdrawn or removed control rod, core cells. Currently, LCO 3.10.6 allows equipment and one-rod-out interlocks) the action would be prevented. This only fuel loading as part of the approved allowed to be bypassed by Technical requirement provides sufficient additional Specification [TS] LCO 3.10.6 are explicitly spiral reloading sequence to prevent restrictions to meet the intent of the GE assumed in the analysis of the control rod recommendation to add additional fuel loading into core cells in which the removal error or fuel loading error during administrative controls to prevent the control rod has been removed or refueling. This analysis evaluates the postulated event from occurring. withdrawn. This amendment request consequences of control rod withdrawal The probability of an inadvertent criticality does not withdraw this approved during refueling. Criticality and, therefore, occurring will continue to be precluded by Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31177 the same number of layers of administrative Washington, DC 20005–3502, for Grand verification that the control functions of controls [as the currently approved method]; Gulf Nuclear Station and (2) Mark electrical and pneumatic connections therefore, the proposed change does not Wetterhahn, Esq., Winston & Strawn, have been properly reconnected, and significantly increase the probability or 1400 L Street, N.W., Washington, DC that the actuator arm will provide the consequences of an accident previously evaluated. 20005, for River Bend Station. necessary force to operate the S/RV. II. The proposed change does not create the NRC Project Director: William D. This proposed change provides verification possibility of a new or different kind of Beckner of proper control connections by requiring accident from any accident previously the pneumatic and electrical controls to cycle Entergy Operations, Inc., et al., Docket the actuator arm on each S/RV after evaluated. No. 50–416, Grand Gulf Nuclear The administrative changes in the installation in the drywell. The test Technical Specification [TS] requirements do Station, Unit 1, Claiborne County, population of S/RVs removed each outage for safety setpoint testing will be tested in the not involve a change in the design of the Mississippi relief mode. This testing will demonstrate plant. The proposed requirements will Date of amendment request: May 9, that the installed S/RVs will function continue to ensure that fuel is not loaded into 1996 properly in the relief mode. The remaining a core cell that is associated with a removed Description of amendment request: installed S/RVs will continue to be tested for or withdrawn control rod. The amendment request would allow proper system function. As presently Therefore, the proposed changes do not allow the licensee to perform the required by GGNS Technical Specifications create the possibility of a new or different and administrative procedures, proper kind of accident from any accident surveillance of the relief mode of operation of the solenoid control block will previously evaluated. operation of each of the 20 safety/relief valves (S/RVs) on the 4 main steam be demonstrated by providing an open signal III. The proposed change does not involve to each S/RV, with a check to verify that each a significant reduction in a margin of safety. lines without physically lifting the disk off the seat at power. The proposed solenoid valve repositions. Verification of The margin of safety associated with proper solenoid valve operation, in addition criticality events during fuel handling is changes are to Surveillance to the proper relief-mode operation of the test provided by the event being a non credible Requirements (SRs) 3.4.4.3, Safety/ population, provides assurance that the S/RV event. The proposed change will only Relief Valves, 3.5.1.7, Automatic will perform as expected when control air provide an additional means to meet the Depressurization System Valves, and pressure is applied to the solenoid valve same intent of ensuring that the event is of 3.6.1.6.1, Low-Low Set Valves, of the control block. such low probability as to be considered non Technical Specifications, and the Entergy Operations, Inc. is proposing that credible. The proposed change will provide the Grand Gulf Nuclear Station Operating the additional allowance to perform fuel changes would state that the required operation of the valve to verify is that License be amended to perform the loading only if an additional positive means surveillance of each safety relief valve (S/RV) of assuring fuel assemblies cannot be loaded the relief-mode actuator strokes when relief mode of operation without physically into a core cell with a withdrawn or removed the valve is manually actuated. Each S/ lifting the disk off the seat at power. control rod is in effect. The positive means RV is a Dikkers, 8 X 10, direct-acting, During the refueling outage, a sample will entail a physical barrier such that even spring loaded, safety valve with population of the S/RVs will be removed for if refueling procedures were violated and an attached pneumatic actuator for relief- safety-mode setpoint testing in accordance attempt was made to load a fuel assembly mode operation. Eight of the S/RVs use with the GGNS IST program, using ASME into a core cell with a withdrawn or removed the relief mode to perform the Boiler and Pressure Vessel Code, Section XI. control rod the action would be prevented. Each of these removed S/RVs will be tested This requirement provides sufficient Automatic Depressurization System (ADS) function. Also, six S/RVs, two of in the relief mode to verify that the additional restrictions to ensure that the pneumatic actuator functions correctly, and event is of such low probability as to be which are also ADS S/RVs, use the relief this test sample will be used to provide considered non credible. mode to perform the Low-Low Set valve assurance that the installed S/RV pneumatic The probability of an inadvertent criticality function. The licensee also proposed actuators will function properly. After the occurring will continue to be precluded by changes to the Bases of the Technical test sample of S/RVs has been replaced with the same number of layers of administrative Specifications that are associated with recertified spares, and S/RV controls have controls [as the currently approved method]; the above proposed changes. been connected, the upper stem nut that therefore, this change does not reduce the Basis for proposed no significant couples the valve stem to each newly- level of safety imposed by the current hazards consideration determination: installed S/RV’s pneumatic actuator will be Technical Specification [TS] requirements. As required by 10 CFR 50.91(a), the moved up the stem to allow an uncoupled Therefore, the proposed changes do not actuation of the relief-mode actuator. Control cause a significant reduction in the margin of licensee has provided its analysis of the air pressure to each actuator will be reduced safety. issue of no significant hazards from normal system pressure to prevent The NRC staff has reviewed the consideration, which is presented damaging the pneumatic relief-mode licensee’s analysis and, based on this below: The Dikkers S/RV provides actuator. The actuator will be remotely review, it appears that the three pressure relief based on the principle of operated from the control room, as required standards of 10 CFR 50.92(c) are vertically moving the stem that attaches by current test methods, and visual satisfied. Therefore, the NRC staff directly to the valve disk. The force that verification will be performed for proper provides the stem movement is actuator response and range of motion. After proposes to determine that the proper actuator operation has been verified, amendment request involves no provided by one of two sources; the the upper stem nut will be returned to its significant hazards consideration. vessel pressure directly against the force operating stem location. Verification of Local Public Document Room of the stem spring (safety mode), or the proper system logic controls and function for location: (1) Judge George W. Armstrong pneumatic actuator arm against the every installed S/RV will continue to be Library, 220 S. Commerce Street, force of the stem spring (relief mode). performed, as required by Technical Natchez, MS 39120, for Grand Gulf ASME Boiler and Pressure Vessel Code Specifications. Nuclear Station and (2) Government requires testing the safety mode of The commission has provided standards Documents Department, Louisiana State operation once every five year operating for determining whether a no significant cycle. Once a safety valve is installed, hazards consideration exists as stated in 10 University, Baton Rouge, LA 70803, for CFR 50.92(c). A proposed amendment to an River Bend Station. the safety mode is never tested while operating license involves no significant Attorney for licensee: (1) Nicholas S. the S/RV is installed in the plant. The hazards if the operation of the facility in Reynolds, Esquire, Winston and Strawn, testing of the relief mode of operation accordance with the proposed amendment 1400 L Street, N.W., 12th Floor, for a direct-acting S/RV provides would not: (1) involve a significant increase 31178 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices in the probability or consequences of an present surveillance. The relief mode of S/RV 1400 L Street, N.W., 12th Floor, accident previously evaluated; or (2) create operation is demonstrated to be operable Washington, DC 20005–3502 the possibility of a new or different kind of based upon successful performance of a test NRC Project Director: William D. accident from any accident previously population, S/RV component service life, and Beckner evaluated; or (3) involve a significant existing Technical Specification reduction in a margin of safety. surveillances. No new failure mechanisms to Entergy Operations, Inc., et al., Docket Entergy Operations has evaluated the no the relief- mode of operation are introduced, No. 50–416, Grand Gulf Nuclear significant hazards considerations in its as the proposed surveillance verifies relief Station, Unit 1, Claiborne County, request for a license amendment. In actuator operability. Plant FME controls, Mississippi accordance with 10 CFR 50.91(a), Entergy combined with the horizontal orientation of Operations, Inc. is providing the following the S/RV discharge piping mating flange, Date of amendment request: May 31, analysis of the proposed amendment against provides reasonable assurance that discharge 1996 the three standards in 10 CFR 50.92: line blockage will not occur. This proposed Description of amendment request: a. No significant increase in the probability change does not add any new systems, The amendment would provide an or consequences of an accident previously structures, or components, nor does it alternative method to compensate for evaluated results from this change. introduce new S/RV operating modes. inoperable refueling equipment Each refueling outage, a test sample of the Therefore, this change would not create the population of S/RVs is removed from the interlocks. The alternative method possibility of a new or different kind of would be to insert a control rod plant to perform testing as required by ASME accident from any previously analyzed. Boiler and Pressure Vessel Code, Section XI. c. This change would not involve a withdrawal block and verify that all These S/RVs will be stroked in the relief significant reduction in the margin of safety. control rods are fully inserted; however, mode during as-found testing, and are This proposed change will verify that the the control rods required to be inserted therefore verified to operate properly when relief mode of all installed S/RVs will operate would not apply to those control rods each S/RV stem is raised by the relief-mode properly based upon demonstrated relief withdrawn in accordance with LCO pneumatic actuator. This proposed mode performance of a sample of S/RVs. The 3.10.6, ‘‘Multiple Control Rod surveillance verifies proper S/RV relief-mode failure mode of the S/RV relief function Withdrawal -Refueling.’’ The operation of all installed S/RVs based upon would require a failure of either the this test sample. This testing, in conjunction amendment would add an additional pneumatic actuator, lifting linkage, or Required Action for Limiting Condition with replacement of each S/RV prior to the solenoid block. Each of these items has been end of its expected service life, provides verified to have a service life exceeding the for Operation (LCO) 3.9.1, ‘‘Refueling reasonable assurance that the installed S/RVs replacement cycle of each S/RV. Therefore, Equipment Interlocks,’’ of the Technical will perform as well as the test population of proper operation of a sample population of Specifications (TSs) for Grand Gulf S/RVs. S/RVs provides reasonable assurance that the Nuclear Station, Unit 1 (GGNS). The After the S/RVs have been replaced in the remaining S/RVs would perform identically, alternative method then could be used plant, and after all controls are reconnected, within the original margin of expected S/RV to respond to inoperable interlocks the relief-mode actuator on each newly- operability. In addition, each S/RVFEs instead of only the current method of installed S/RV will be uncoupled from the S/ solenoid block and control functions will RV stem, and stroked. This actuator stroke halting in-vessel fuel movement with continue to be tested and cycled each equipment associated with the will verify that no damage has occurred to refueling outage. The removal of the valve the relief-mode actuator during S/RV stroke surveillance for all S/RVs does not inoperable interlock. transportation from its storage location to its increase the possibility of valve malfunction, The proposed change does not remove operating location. The direct coupling of the since valve stroke is verified during the as- the current Required Action method for valve stem to disk provides assurance that found testing of the sample population of S/ LCO 3.9.1 and does not change the proper relief actuation will occur when the RVs. This proposed surveillance test reduces surveillance requirements on the actuator is operated. The safety-mode the number of S/RV actuations, and refueling equipment. The licensee has components are completely encased within therefore, reduces challenges to the system also provided changes to the Bases of the valve body and bonnet, which provides both mechanically and thermally. Also, the the TSs for the proposed amendment. a rugged structure to prevent damage to these proposed alternative method of testing components. The remaining installed S/RVs Basis for proposed no significant reduces the possibility of a stuck-open S/RV, hazards consideration determination: will continue to be tested for proper control since this proposed method will not stroke system function as previously required by the S/RVs with the reactor pressurized As required by 10 CFR 50.91(a), the Technical Specifications. The direct coupling during reactor power operations. licensee has provided its analysis of the of the S/RV stem to disk provides assurance Therefore, this change would not involve issue of no significant hazards that proper relief-mode actuation will occur a significant reduction in the margin of consideration. The licensee has when the actuator is operated. The safety safety. proposed the amendment for the TSs for mode of the GGNS S/RVs is not affected by Based on the above evaluation, Entergy both GGNS and River Bend Station a malfunction of the relief-mode components. Operations, Inc. has concluded that operation (RBS). References made to the RBS TSs Blockage of each S/RV discharge line will in accordance with the proposed amendment be prevented by the same Foreign Material and to RBS in the licensee’s analysis of involves no significant hazards no significant hazards consideration Exclusion (FME) controls that exist for other considerations. reactor vessel and support systems. These have been removed and replaced by [...]. The NRC staff has reviewed the The licensee’s analysis is presented FME controls, combined with the horizontal licensee’s analysis and, based on this orientation of the S/RV discharge piping below: mating surfaces, provide reasonable review, it appears that the three Entergy Operations, Inc. proposes to assurance that discharge line blockage will standards of 10 CFR 50.92(c) are change the current Grand Gulf Nuclear not occur. satisfied. Therefore, the NRC staff Station (GGNS) [...] Technical Specifications. Therefore, no significant increase in the proposes to determine that the The specific proposed change adds probability or consequences of an accident amendment request involves no additional acceptable Required Actions to the previously evaluated results from this significant hazards consideration. Actions of LCO 3.9.1, ‘‘Refueling Equipment proposed change. Local Public Document Room Interlocks,’’ [for inoperable interlocks]. The b. This change would not create the location: Judge George W. Armstrong additional Required Actions will add an possibility of a new or different kind of alternative [method] to [the current method accident from any previously analyzed. Library, 220 S. Commerce Street, of] suspending fuel movement in the reactor The proposed change demonstrates that Natchez, MS 39120 vessel when the refueling interlocks are each S/RV will perform its intended relief- Attorney for licensee: Nicholas S. inoperable. The requested alternative is to mode function, which is the intent of the Reynolds, Esquire, Winston and Strawn, insert a control rod withdrawal block Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31179 immediately and verify all control rods be inappropriately withdrawn because an Attorney for licensee: Nicholas S. required to be inserted are fully inserted. electrical or hydraulic block to control rod Reynolds, Esquire, Winston and Strawn, [The control rods required to be inserted withdrawal is in place. Like the current 1400 L Street, N.W., 12th Floor, would not apply to control rods withdrawn requirements the proposed actions will ensure that unacceptable operations are Washington, DC 20005–3502 in accordance with LCO 3.10.6, ‘‘Multiple NRC Project Director: William D. Control Rod Withdrawal—Refueling.’’] blocked (e.g., loading fuel into a cell with a The Commission has provided standards control rod withdrawn [would be blocked]). Beckner for determining whether a no significant The proposed additional acceptable Entergy Operations, Inc., et al., Docket hazards consideration exists as stated in 10 Required Actions provide the same level of No. 50–416, Grand Gulf Nuclear CFR 50.92(c). A proposed amendment to an assurance that fuel will not be loaded into a operating license involves no significant core cell with a control rod withdrawn as the Station, Unit 1, Claiborne County, hazards consideration if operation of the current Required Action or the Technical Mississippi facility in accordance with the proposed Specification Surveillance Requirement. Date of amendment request: May 31, amendment would not: (1) involve a Therefore, the proposed change does not 1996, as supplemented by letter dated significant increase in the probability or significantly increase the probability or consequences of an accident previously May 2, 1996. consequences of an accident previously Description of amendment request: evaluated; or (2) create the possibility of a evaluated. new or different kind of accident from any II. The proposed change does not create the The amendment request would revise accident previously evaluated; or (3) involve possibility of a new or different kind of the current reactor vessel material a significant reduction in a margin of safety. accident from any accident previously surveillance program schedule for Entergy Operations, Inc. has evaluated the evaluated. GGNS. This is the schedule for [criteria for] no significant hazards The change in the Technical Specification withdrawing surveillance capsules from consideration in its request for this license requirements does not involve a change in the reactor vessel for testing to measure plant design. The proposed requirements will amendment and determined that no the impact of neutron irradiation of the significant hazards consideration results from continue to ensure that fuel is not loaded into the core when a control rod is withdrawn vessel material and is required by this change. In accordance with 10 CFR Section III.B.3 of Appendix H, ‘‘Reactor 50.91(a), Entergy Operations, Inc. is except following the requirements of LCO providing the analysis of the proposed 3.10.6, ‘‘Multiple Control Rod Removal— Vessel Material Surveillance Program amendment against the three standards in 10 Refueling,’’ which is unaffected by this Requirements,’’ of 10 CFR Part 50. The CFR 50.92(c). A description of the no change. schedule must be approved by the significant hazards consideration Therefore, the proposed changes do not Nuclear Regulatory Commission (NRC) create the possibility of a new or different determination follows: kind of accident from any accident before implementation. I. The proposed change does not previously evaluated. For GGNS, there are three significantly increase the probability or III. The proposed change does not involve surveillance capsules inside the reactor consequences of an accident previously a significant reduction in a margin of safety. vessel, each of which contains evaluated. As discussed in the Bases for the affected specimens of the reactor vessel material. The refueling interlocks are explicitly Technical Specification requirements, The first capsule was removed from the assumed in the GGNS Updated Final Safety inadvertent criticality is prevented during the Analyses Report (UFSAR) [...] analysis of the reactor vessel on May 7, 1995, during insertion of fuel provided all control rods are the 7th refueling outage. Because no control rod removal error or fuel loading fully inserted during the fuel insertion. The error during refueling. This analysis refueling interlocks function to support the useful data is expected from testing the evaluates the probability and consequences refueling procedures by preventing control material specimens in the first capsule, of control rod withdrawal during refueling. rod withdrawal during fuel movement and the request would allow the first Criticality and, therefore, subsequent prompt the inadvertent loading of fuel when a capsule to be placed back into the reactivity excursions are prevented during control rod is withdrawn. vessel. the insertion of fuel, provided all control The proposed change will allow the As part of revising the schedule, the rods are fully inserted during the fuel refueling interlocks to be inoperable and fuel licensee is also renumbering the three insertion. The refueling interlocks movement to continue only if a control rod surveillance capsules so that the capsule accomplish this by preventing loading fuel withdrawal block is in effect and all required into the core with any control rod control rods are verified to be fully inserted. removed at the 7th refueling outage withdrawn, or by preventing withdrawal of a These proposed Required Actions provide becomes the third capsule when it is rod from the core during fuel loading. the same level of protection as the refueling placed back in the vessel. The proposed When the refueling interlocks are interlocks by preventing a configuration change would, however, not extend the inoperable the current method of preventing which could lead to an inadvertent criticality time that the next capsule (the the insertion of fuel when a control rod is event. The refueling procedures will renumbered first capsule) would be withdrawn is to prevent fuel movement. This continue to be supported by the proposed withdrawn from the GGNS reactor method is currently required by the required actions because control rods cannot vessel. Technical Specifications. An alternate be withdrawn and as a result fuel cannot be Basis for proposed no significant method to ensure that fuel is not loaded into inadvertently loaded when a control rod is a cell with the control rod withdrawn is to withdrawn. hazards consideration determination: prevent control rods from being withdrawn Therefore, the proposed changes do not As required by 10 CFR 50.91(a), the and verify that all control rods required to be cause a significant reduction in the margin of licensee has provided its analysis of the inserted are fully inserted. The proposed safety. issue of no significant hazards actions will require that a control rod block The NRC staff has reviewed the consideration, which is presented be placed in effect thereby ensuring that licensee’s analysis and, based on this below: control rods are not subsequently review, it appears that the three Entergy Operations, Inc., proposes to inappropriately withdrawn. Additionally, standards of 10 CFR 50.92(c) are change the withdrawal schedule for the following placing the control rod withdrawal satisfied. Therefore, the NRC staff reactor vessel material surveillance capsules block in effect, the proposed actions will proposes to determine that the [and renumber the capsules]. The revised require that all required control rods be amendment request involves no schedule for withdrawal of the surveillance verified to be fully inserted. This verification capsules is withdrawal of the first capsule at is in addition to the requirements to significant hazards consideration. 24 Effective Full Power Years. The periodically verify control rod position by Local Public Document Room withdrawal schedule for the second capsule other Technical Specification requirements. location: Judge George W. Armstrong is to be determined at a later date. The third These proposed actions will ensure that Library, 220 S. Commerce Street, capsule which was withdrawn on May 7, control rods are not withdrawn and cannot Natchez, MS 39120 1995 is to be returned to reactor vessel during 31180 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices the Fall, 1996 outage and retained as a removed capsule may not provide useful will have a [neutron] fluence higher than the standby. [The current schedule for indicators of the damage to the vessel 25% of the design life fluence used in withdrawal of the three capsules is 8 and 24 material because the low neutron fluence on establishing the original GGNS [reactor vessel Effective Full Power Years for the first two the vessel and the good material chemistry material surveillance program] schedule; capsules, and the third capsule is a spare will result in a minimal null-ductility therefore, the use of the supplemental test with no specific schedule for withdrawal.] temperature shift. Testing the material program results will meet the intent of the The Commission has provided standards specimens will destroy them; however, original test schedule. for determining whether a no significant placing the capsule back in the vessel will Therefore, the proposed changes do not hazards consideration exists as stated in 10 allow the specimens to have more irradiation result in a significant reduction in the margin CFR 50.92(c). A proposed amendment to an until useful data could be obtained from of safety. operating license involves no significant testing the specimens.] Based on the above evaluation, Entergy hazards consideration if operation of the Therefore, the proposed change does not Operations, Inc. has concluded that operation facility in accordance with the proposed significantly increase the probability or in accordance with the proposed change amendment would not: (1) involve a consequences of an accident previously involves no significant hazards significant increase in the probability or evaluated. consideration. consequences of an accident previously II. The proposed change does not create the The NRC staff has reviewed the evaluated; or (2) create the possibility of a possibility of a new or different kind of new or different kind of accident from any licensee’s analysis and, based on this accident from any accident previously review, it appears that the three accident previously evaluated; or (3) involve evaluated. a significant reduction in a margin of safety. Returning the withdrawn capsule to the standards of 10 CFR 50.92(c) are In consideration of the October 4, 1995, vessel and postponing the withdrawal of the satisfied. Therefore, the NRC staff decision of the Atomic Safety and Licensing first capsule do not contribute to the proposes to determine that the Board concerning an amendment request possibility of a new or different kind of amendment request involves no from Perry Nuclear Power Plant, Entergy accident or [plant] malfunction from those significant hazards consideration. Operations, Inc. has evaluated the no previously analyzed [in the Updated Final Local Public Document Room significant hazards consideration in its Safety Analysis Report for GGNS]. Failure of location: Judge George W. Armstrong request for a change to the withdrawal the reactor vessel is not a credible accident schedule required by 10 CFR 50, Appendix Library, 220 S. Commerce Street, since the vessel itself is a highly reliable Natchez, MS 39120 H, and determined that no significant component. This change does not affect that hazards consideration results from this determination. The potential for reactor Attorney for licensee: Nicholas S. change. In accordance with 10 CFR 50.91(a), vessel cracking will be adequately assessed Reynolds, Esquire, Winston and Strawn, Entergy Operations, Inc. is providing the by the proposed withdrawal schedule. 1400 L Street, N.W., 12th Floor, analysis of the proposed amendment against [The licensee stated in its May 2, 1996, Washington, DC 20005–3502 the three standards in 10 CFR 50.92(c): letter that testing of the specimens in the NRC Project Director: William D. I. The proposed change does not removed capsule may not be useful significantly increase the probability or Beckner consequences of an accident previously indicators of the damage to the vessel material because the low neutron fluence on Florida Power and Light Company, evaluated. Docket Nos. 50–250 and 50–251, Turkey The change revises the withdrawal the vessel and good material chemistry will schedule for the reactor vessel material result in a minimal shift.] Point Plant Units 3 and 4, Dade County, surveillance capsules and returns a In addition, the results from the Florida supplemental test program will provide withdrawn capsule to the reactor vessel. The Dates of amendment request: March capsules [only contain specimens of the indication of the condition of the vessel until the data from the first GGNS capsule[, 21, 1996, and May 13, 1996 reactor vessel material and] are not an Description of amendment request: initiator of any previously analyzed accident. withdrawn and tested,] are available. The The withdrawal or return of the surveillance proposed change provides the same level of The licensee proposed to change the capsule does not effect the probability or confidence in the integrity of the vessel. The Turkey Point Units 3 and 4 Technical consequences of any previously analyzed pressure temperature curves are currently Specifications (TS) to relocate the accident. Extending the time for withdrawal controlled by the Technical Specifications requirements of the Radiological of the first capsule and returning the and are determined using the conservative Effluent Technical Specifications withdrawn capsule to the vessel do not methodology in Regulatory Guide 1.99. (RETS) to other documents. adversely affect the pressure temperature Therefore, the possibility of failure of the reactor vessel is not increased. The proposed The proposed amendments would limit curves for the reactor vessel. Regulatory relocate the LIMITING CONDITIONS Guide 1.99 [, ‘‘Effects of Residual Elements change does not involve a change in the on Predicted Radiation Damage to Reactor design of the plant. The current pressure FOR OPERATION (LCO) and Vessel Materials,’’] is currently used to temperature limit curves are inherently SURVEILLANCE REQUIREMENTS prepare the pressure temperature limit curves conservative and will continue to be adhered associated with the RETS in accordance and is inherently conservative for boiling to. with GL 89–01, NUREG–1301, and water reactors (BWRs)[, as GGNS]. The Therefore, the proposed changes do not NUREG–1431, Rev. 1. The definition in current pressure temperature limit curves create the possibility of a new or different TS 1.15, ‘‘Members of the Public,’’ will continue to be adhered to. Additionally, kind of accident from any accident would be deleted since it is already [GGNS] participates in the supplemental test previously evaluated. III. The proposed change does not involve located in 10 CFR Part 20 and has been program designed to significantly increase inserted into the Offsite Dose the amount of BWR surveillance data. [This a significant reduction in a margin of safety. program has supplemental capsules which The current pressure temperature limit Calculation Manual (ODCM). The were installed in the Cooper and Oyster curves [for the reactor vessel] are inherently definitions for the ODCM and Process Creek Nuclear Power Plants, which contain conservative and provide sufficient margin to Control Program (PCP) would be the limiting GGNS weld and plate vessel ensure the integrity of the reactor vessel. The relocated to the Administrative Controls material, and which will be withdrawn in [proposed] changes do not adversely affect section of the TS. TS 3/4.3.3.5 and the 1996, 2000, and 2002.] This program will be these curves. The supplemental test program radioactive gaseous effluent portion of used to complement the GGNS surveillance will be used to complement the GGNS TS 3/4.3.3.6 and associated tables, surveillance program such that program such that postponement of the instrumentation operational conditions, capsule withdrawals will have minimal postponement of the capsule withdrawal impact on the understanding of the [and testing] will have minimal impact on remedial actions and surveillance irradiation effects on the GGNS vessel. the understanding of irradiation effects on requirements would be controlled [The licensee stated in its May 2, 1996, the GGNS vessel. The capsules removed in through the ODCM or PCP and letter that testing of the specimens in the 1996 as part of the supplemental program associated procedures. Technical Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31181

Specification Administrative Control Specifications to the ODCM or PCP. These Attorney for licensee: J. R. Newman, sections would contain the changes are in accordance with the Esquire, Morgan, Lewis & Bockius, 1800 programmatic controls for the ODCM recommendations contained in GL 89–01, M Street, NW., Washington, DC 20036 and PCP. The remaining portion of TS NUREG 1301, and NUREG 1431 Rev. 1. The NRC Project Director: Frederick J. only change being made to existing Hebdon 3.3.3.6 would retain the operational requirements or commitments are conditions, remedial actions, and administrative in nature. The proposed Florida Power and Light Company, surveillance requirements for the changes do not involve any change to the Docket Nos. 50–250 and 50–251, Turkey explosive gas monitor instrumentation. configuration or method of operation of any Point Plant Units 3 and 4, Dade County, The procedural details of the current plant equipment that is used to mitigate the Florida TS on radioactive effluents and consequences of an accident, nor do they radiological environmental monitoring affect any assumptions or conditions in any Dates of amendment request: May 28, would be deleted. Associated of the accident analyses. Since the accident 1996 operational conditions, remedial actions analyses remain bounding, their probability Description of amendment request: and surveillance requirements presently or consequences are not adversely affected. The licensee proposed to change the Therefore, the probability or consequences of Turkey Point Units 3 and 4 Technical in the Technical Specifications would an accident previously evaluated are not be controlled through the ODCM or affected. Specifications (TS) to change the PCP. (2) Operation of the facility in accordance licensed qualifications of the Operations Administrative changes to the TS with the proposed amendments would not Manager. The proposed change would were also proposed due to paragraph create the possibility of a new or different delete the qualification option that the and section numbering changes and kind of accident from any accident Operations Manger could have held a relocations associated with the previously evaluated. Senior Reactor Operator License on a proposed technical changes. The changes being proposed are boiling water reactor and replace it with New sections TS 6.8.4f and 6.8.4g administrative in nature in that they relocate an option that this individual could were proposed to provide programmatic Technical Specification requirements have completed the Turkey Point associated with RETS from the Technical controls for the Radiological Effluents Specifications to the ODCM or PCP. These Nuclear Plant Senior Management Controls Program and the Radiological changes are in accordance with the Operation Training Course (i.e., certified Environmental Monitoring Program. recommendations contained in GL 89–01, at an appropriate simulator for TS 6.9.1.3 and TS 6.9.1.4 would be NUREG 1301, and NUREG 1431, Rev. 1. The equivalent senior operator knowledge simplified and the reporting details now only change being made to existing level). contained in these specifications would requirements or commitments are Basis for proposed no significant be relocated to the ODCM or PCP with administrative in nature. The proposed hazards consideration determination: the exception of the requirement to changes do not involve any change to the As required by 10 CFR 50.91(a), the report licensee-initiated changes to the configuration or method of operation of any licensee has provided its analysis of the plant equipment used to mitigate the PCP in the Annual Radioactive Effluent consequences of an accident. issue of no significant hazards Release Report. Therefore, the possibility of a new or consideration, which is presented New record retention requirements different kind of accident from any accident below. changes for the ODCM and PCP would previously evaluated would not be created. (1) Operation of the facility in accordance be added to TS 6.10.3q. (3) Operation of the facility in accordance with the proposed amendment would not In summary, as provided in the with the proposed amendments would not involve a significant increase in the guidance, the current technical content involve a significant reduction in a margin of probability or consequences of an accident of the specifications which would be safety. previously evaluated. The changes being proposed are The change being proposed is transferred to the ODCM or the PCP. administrative in nature, addresses New programmatic controls for administrative in nature in that they relocate Technical Specification requirements organizational personnel qualification issues, radioactive effluents and radioactive associated with RETS from the Technical and does not affect assumptions contained in effluent monitoring would be added to Specifications to the ODCM or PCP. These plant safety analyses, the physical design the TS, as well as further clarification to changes are in accordance with the and/or operation of the plant, or Technical the definitions of the ODCM and PCP. recommendations contained in GL 89–01, Specifications that preserve safety analysis The Technical Specification NUREG 1301, and NUREG 1431, Rev. 1. The assumptions. requirements for Gas Decay Tanks and only change being made to existing The individual Florida Power & Light Explosive Gas Mixture would be requirements or commitments are Company (FPL) chooses to fill the position of Operations Manager will have extensive relocated to the Plant Systems section of administrative in nature. All technical content is preserved. The operating limits educational and management- level nuclear the TS. power experience meeting the criteria of Basis for proposed no significant and functional capabilities of the affected systems, structures, and components are ANSI N18.1–1971. The Operations hazards consideration determination: unchanged by the proposed amendments. Supervisor and Nuclear Plant Supervisors As required by 10 CFR 50.91(a), the Therefore, a significant reduction in a maintain SRO licenses on Turkey Point. The licensee has provided its analysis of the margin of safety would not be involved. current Technical Specifications do not require the Operations Manager to hold an issue of no significant hazards The NRC staff has reviewed the consideration, which is presented SRO License at Turkey Point. The current licensee’s analysis and, based on this Technical Specifications permit the below. review, it appears that the three (1)Operation of the facility in Operations Manager to have held an SRO standards of 50.92(c) are satisfied. License on another plant. The proposed accordance with the proposed Therefore, the NRC staff proposes to change will continue to require that the amendments would not involve a determine that the amendment request Operations Manager has completed the significant increase in the probability or involves no significant hazards Turkey Point Nuclear Plant Senior consequences of an accident previously consideration. Management Operations Training Course if evaluated. the incumbent did not previously hold an The changes being proposed are Local Public Document Room SRO license. The Turkey Point Nuclear Plant administrative in nature in that they relocate location: Florida International Senior Management Operations Training Technical Specification requirements University, University Park, Miami, Course ensures that the Operations Manager associated with RETS from the Technical Florida 33199 has the training on plant-specific systems 31182 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices and procedures at Turkey Point and a Senior Reactor Operator License. The Turkey The proposed changes do not involve knowledge level equivalent to the license Point Units 3 and 4 Technical Specifications a significant hazards considerations requirements for operations management. do not require that the Operations Manager because the changes would not: The on-shift Operations’ organization is, maintain an SRO License (nor even that the 1. Involve a significant increase in the and will continue to be, supervised and incumbent has ever held a Senior Reactor probability or consequences of an accident directed by the Operations Supervisor, who Operator License at Turkey Point). The previously evaluated. is currently required by Technical Turkey Point Technical Specification 6.3.1, The SNEF ended power operation in May Specification 6.2.2.h. to hold an SRO FACILITY STAFF QUALIFICATIONS, will 1972, and the reactor core has been removed. License. ensure that, other than license certification, In its present condition, the only accidents the individual filling the Operations Manager Additionally, the proposed changes do not applicable to the site are fire, flooding, and position has the requisite education, training, impact or change, in any way, the minimum radiological hazard. The additional activities and experience for the management position. on-shift manning or qualifications for those associated with the expansion of the As a result, operation of the facility in individuals responsible for the actual permissible work scope will not involve a accordance with the proposed amendment licensed operation of the facility as required significant increase in the probability or would not involve a significant reduction in by 10 CFR 50.54(l). consequences of a fire. There is no effect on Based on the above, the proposed changes a margin of safety. The NRC staff has reviewed the the probability or consequences of flooding do not affect the probability or consequences nor would there be a significant increase in of accidents previously analyzed. licensee’s analysis and, based on this the probability or consequences of an offsite (2) Operation of the facility in accordance review, it appears that the three radiological hazard. The relocation of with the proposed amendment would not standards of 50.92(c) are satisfied. administratively controlled accesses in create the possibility of a new or different Therefore, the NRC staff proposes to accordance with the revised wording and the kind of accident from any accident determine that the amendment request proposed clarification of the facility layout previously evaluated. diagram would have no affect on analyzed The change being proposed is involves no significant hazards consideration. accidents. Activities associated with the administrative in nature, addresses personnel construction of the decommissioning support qualification issues, does not affect Local Public Document Room location: Florida International facilities and the existence of the completed assumptions contained in plant safety buildings depicted on the revised figure will analyses, the physical design and/or University, University Park, Miami, not involve a significant increase in the operation of the plant, or Technical Florida 33199 probability or consequences of a fire, flood, Specifications that preserve safety analysis Attorney for licensee: J. R. Newman, or radiological hazard. The proposed changes assumptions. Esquire, Morgan, Lewis & Bockius, 1800 identified by this technical specification The proposed changes address M Street, NW., Washington, DC 20036 change request do not involve a significant organizational and qualifications issues NRC Project Director: Frederick J. increase in the probability or consequences related to the criteria used for assignment of Hebdon of an accident previously evaluated. individuals to the Operations organization 2. Create the possibility of a new or off-shift management chain of command. GPU Nuclear Corporation and Saxton different kind of accident from any Since the proposed change does not impact Nuclear Experimental Corporation, previously analyzed. or change, in any way, the minimum on-shift Docket No. 50–146, Saxton Nuclear For the reasons discussed in 1 above, the manning or qualifications for those Experimental Facility (SNEF), Bedford possibility of a new or different kind of individuals responsible for the actual County, Pennsylvania accident from any accident previously licensed operation of the facility, operation of evaluated will not be created by the the facility in accordance with the proposed Date of amendment request: February performance of the activities delineated in amendment would not create the possibility 2, 1996, as supplemented on February the proposed revised technical specifications. of a new or different kind of accident from 28, April 24 and May 24, 1996. There is similarly no possibility of a new or any accident previously evaluated. Description of amendment request: different kind of accident from any accident (3) Operation of the facility in accordance The proposed amendment would (1) previously evaluated that would result from with the proposed amendment would not increase the scope of work permitted relocation of administratively controlled involve a significant reduction in a margin of accesses within the containment vessel; from safety. within the exclusion area at the SNEF to include action preparatory to major the flexibility to relocate/modify the The proposed change addresses exclusion area fence or from the organizational and qualification issues component and facility decommissioning limited to asbestos identification of the footprint, construction related to the criteria used for assignment of and existence of the completed individuals to the Operations organization removal, removal of defunct plant decommissioning support facilities. off-shift management chain of command. The electrical services, and installation of 3. Involve a significant reduction in a proposed change does not impact or change, decommissioning support facilities and margin of safety. in any way, the minimum on-shift manning systems such as heating, ventilation, For the reasons discussed in 1 above, none or qualifications for those individuals and air conditioning, of the proposed changes involve a significant responsible for the actual licensed operation (2) eliminate administrative access controls reduction in a margin of safety. of the facility. requiring that the grating covering the The NRC staff has reviewed the FPL’s operating organization at Turkey auxiliary compartment stairwell and rod Point Plant is shown on Figure 1–2, analysis of the licensees and, based on room door remain locked except for this review, it appears that the three Appendix A of the NRC-approved FPL authorized entry, and (3) revise the facility Topical Quality Assurance Report (TQAR). standards of 50.92(c) are satisfied. layout diagram to allow the exclusion area to Therefore, the NRC staff proposes to Since changes to the TQAR are governed by consist of, at a minimum, the containment 10 CFR § 50.54(a)(3), any changes to the vessel, and at a maximum, extend to the determine that the amendment request TQAR that reduce commitments previously SNEF outer security fence, and to include on involves no significant hazards accepted by the NRC require approval by the the diagram the footprint of the proposed consideration. NRC prior to implementation. decommissioning support facilities. Local Public Document Room While the Operations Manager is Basis for proposed no significant location: Saxton Community Library, responsible for the plant’s operating hazards Consideration Determination: 911 Church Street, Saxton, organization, his responsibilities also include management of the plant’s Health Physics As required by 10 CFR 50.91(a), the Pennsylvania 16678 Attorney for the and Chemistry departments. The Operations licensees have provided their analysis of Licensee: Ernest L. Blake, Jr., Esquire, organization is supervised and directed by the issue of no significant hazards Shaw, Pittman, Potts, and Trowbridge, the Operations Supervisor, who is required consideration, which is presented 2300 N Street, NW, Washington, DC by Technical Specification 6.2.2.h. to hold a below: 20037 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31183

NRC Project Director: Seymour H. 1400 L Street, N.W., Washington, D.C. refueling outage to assure adequate system Weiss 20005 performance. Therefore, this change has no impact on Gulf States Utilities Company, Cajun NRC Project Director: William D. Beckner the margin to safety. Electric Power Cooperative, and The NRC staff has reviewed the Entergy Operations, Inc., Docket No. Northeast Nuclear Energy Company licensee’s analysis and, based on this 50–458, River Bend Station, Unit 1, (NNECO), Docket No. 50–245, Millstone review, it appears that the three West Feliciana Parish, Louisiana Nuclear Power Station, Unit 1, New standards of 10 CFR 50.92(c) are Date of amendment request: May 20, London County, Connecticut satisfied. Therefore, the NRC staff 1996 Date of amendment request: April 25, proposes to determine that the Description of amendment request: 1996 amendment request involves no The proposed amendment would revise Description of amendment request: significant hazards consideration. the Facility Operating License No. NPF– The change modifies the calibration Local Public Document Room 47 and Appendix C to the license to requirement for the source range location: Learning Resources Center, reflect the name change from Gulf States monitors and intermediate range Three Rivers Community-Technical Utilities Company to Entergy Gulf monitors by noting that the sensors are College, 574 New London Turnpike, States, Inc. excluded. Norwich, CT 06360, and Waterford Basis for proposed no significant Basis for proposed no significant Library, ATTN: Vince Juliano, 49 Rope hazards consideration determination: hazards consideration determination: Ferry Road, Waterford, CT 06385. As required by 10 CFR 50.91(a), the As required by 10 CFR 50.91(a), the licensee has provided its analysis of the Attorney for licensee: Lillian M. licensee has provided its analysis of the issue of no significant hazards Cuoco, Esq., Senior Nuclear Counsel, issue of no significant hazards consideration, which is presented Northeast Utilities Service Company, consideration, which is presented below: P.O. Box 270, Hartford, CT 06141–0270. I. The proposed change does not below: Pursuant to 10 CFR 50.92, NNECO has NRC Project Director: Phillip F. significantly increase the probability or McKee consequences of an accident previously reviewed the proposed change and concludes evaluated. that the change does not involve a significant Pacific Gas and Electric Company, hazards consideration (SHC) since the The proposed change documents changing Docket Nos. 50–275 and 50–323, Diablo the legal name of the company. The proposed proposed change satisfies the criteria in 10 CFR 50.92(c). That is, the proposed change Canyon Nuclear Power Plant, Unit Nos. change will not affect any other obligations. 1 and 2, San Luis Obispo County, The company will still own all of the same does not: assets, serve the same customers, and all 1. Involve a significant increase in the California probability or consequences of an accident existing obligations and commitments will Date of amendment requests: continue to be honored. previously evaluated. Therefore, the proposed change does no By removing the requirement for sensor February 14, 1996 significantly increase the probability or calibration the function and safety Description of amendment requests: consequences of an accident previously performance of these systems will not be The proposed amendments would evaluated. affected. Existing surveillances, operator revise the combined Technical verification of overlap and system interlocks II. The proposed change does not create the Specifications (TS) for the Diablo possibility of a new or different kind of ensure correct system performance without accident from any accident previously sensor calibration. Canyon Power Plant (DCPP), Unit Nos. evaluated. Therefore, based on the above, the 1 and 2, to revise 30 TS and add two The administrative changes in the proposed change to the Technical new TS surveillance requirements to Operating License requirements do not Specifications does not involve a significant support implementation of extended involve any change in the design of the plant. increase in the probability or consequences fuel cycles at DCPP, Unit Nos. 1 and 2. Therefore, the proposed changes do not of any previously analyzed accident. The specific TS changes proposed create the possibility of a new or different 2. Create the possibility of a new or include those for 9 trip actuating device kind of accident from any accident different kind of accident from any accident tests, 12 fluid system actuation tests, previously evaluated. previously evaluated. III. The proposed change does not involve This change does not cause the source and 11 miscellaneous tests. Two of the a significant reduction in a margin of safety. range monitors (SRM) or the intermediate fluid system actuation tests are The proposed change is administrative in range monitors (IRM) to function any proposed new TS surveillance nature, as described above, therefore, this differently than intended by design and, requirements. The TS changes also change does not reduce the level of safety therefore, does not create the possibility of a include the addition of a new frequency imposed by any current requirements. new or different kind of accident. The notation, ‘‘R24, REFUELING Therefore, the proposed changes do not Technical Specification change deletes a INTERVAL,’’ to Table 1.1 of the TS. cause a significant reduction in the margin of Technical Specification requirement which safety. Also, a revision that applies to all could not literally be complied with for one subsequent TS changes involves The NRC staff has reviewed the component and that has no effect on the licensee’s analysis and, based on this functional performance of the SRMs or IRMs. revising the Bases section of TS 4.0.2 to review, it appears that the three Therefore, this change will not create the change the surveillance frequency from standards of 10 CFR 50.92(c) are possibility of a new or different kind of an 18-month surveillance interval to at satisfied. Therefore, the NRC staff accident from any accident previously least once each refueling interval. proposes to determine that the evaluated. Basis for proposed no significant amendment request involves no 3. Involve a significant reduction in a hazards consideration determination: significant hazards consideration. margin of safety. This change corrects a Technical As required by 10 CFR 50.91(a), the Local Public Document Room Specification requirement which could not licensee has provided its analysis of the location: Government Documents literally be complied with for one component issue of no significant hazards Department, Louisiana State University, and that has no effect on the functional consideration, which is presented Baton Rouge, LA 70803 performance of the SRMs or IRMs. below: Attorney for licensee: Mark Instrument calibrations and functional 1. The proposed change does not involve Wetterhahn, Esq., Winston & Strawn, checks are still performed during each a significant increase in the probability or 31184 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices consequences of an accident previously intervals do not result in any physical University, Robert E. Kennedy Library, evaluated. modifications, affect safety function Government Documents and Maps The surveillance interval notation addition performance or the manner in which the Department, San Luis Obispo, California in TS Table 1.1 and the updated TS 4.0.2 plant is operated, or alter the intent or 93407 Bases section are administrative changes that method by which surveillance tests are do not affect the probability or consequences performed. Only a few problems have been Attorney for licensee: Christopher J. of accidents. identified and generally have not recurred. Warner, Esq., Pacific Gas and Electric The 30 proposed TS surveillance interval All potential time-related degradations have Company, P.O. Box 7442, San increases from 18 to 24 months do not alter insignificant effects in the timeframe of Francisco, California 94120 the intent or method by which the interest. The proposed surveillance interval NRC Project Director: William H. inspections, tests, or verifications are increases would not affect the type of Bateman conducted, do not alter the way any accidents possible. structure, system, or component functions, The 24-month surveillance intervals for the Pacific Gas and Electric Company, and do not change the manner in which the two new TS proposed to verify starting of the Docket Nos. 50–275 and 50–323, Diablo plant is operated. The surveillance, CCW and ASW pumps are based on an Canyon Nuclear Power Plant, Unit Nos. maintenance, and operating histories indicate evaluation of historical operation, 1 and 2, San Luis Obispo County, maintenance, and surveillance data. These that the equipment will continue to perform California satisfactorily with longer surveillance new TS represent additional requirements to intervals. Few surveillance and maintenance ensure the CCW and ASW pumps start when Date of amendment requests: May 9, problems were identified. No problems required. No known degradation mechanisms 1996 recurred, with the exception of those would significantly affect the ability of the pumps to start over the timeframe of interest. Description of amendment requests: associated with the pressurizer heater The proposed amendments would emergency breakers, which will continue to These proposed new TS would not affect the be surveilled on a quarterly frequency until type of accidents possible. revise the combined Technical they are replaced. Therefore, the proposed changes do not Specifications (TS) for the Diablo There are no known mechanisms that create the possibility of a new or different Canyon Power Plant Unit Nos. 1 and 2 would significantly degrade the performance kind of accident from any accident by revising Technical Specifications of the evaluated equipment during normal previously evaluated. (TS) 3/4.3.2, ‘‘Engineered Safety plant operation. All potential time-related 3. The proposed change does not involve Features Actuation System a significant reduction in a margin of safety. degradation mechanisms have insignificant Instrumentation,’’ and 3/4.6.2, effects in the timeframe of interest (24 The surveillance interval notation addition in TS Table 1.1 and the updated TS 4.0.2 ‘‘Containment Spray System.’’ The months +25 percent, or 30 months). Based on Bases section are administrative changes that changes would clarify the description of the past performance of the equipment, the do not affect the margin of safety. probability or consequences of accidents the initiation signal required for For the 30 proposed TS changes involving would not be significantly affected by the operation of the containment spray 18- to 24-month surveillance interval proposed surveillance interval increases. system at Diablo Canyon Power Plant increases, evaluation of historical (DCPP) and correctly incorporate The 24-month surveillance intervals for the surveillance and maintenance data indicates two new TS proposed to verify that the CCW there have been only a few problems changes made in previous license [component cooling water] and ASW experienced with the evaluated equipment. amendments. All of the changes are [auxiliary saltwater] pumps will start There are no indications that potential administrative in nature. automatically are based on an evaluation of problems would be cycle-length dependent Basis for proposed no significant historical operation, maintenance, and or that potential degradation would be hazards consideration determination: surveillance data for the pumps. These significant for the timeframe of interest and, As required by 10 CFR 50.91(a), the historical data are available because the therefore, increasing the surveillance interval pumps have been operated, maintained, and licensee has provided its analysis of the will have little, if any, impact on safety. issue of no significant hazards tested on 18- month intervals in accordance There is no safety analysis impact since these with procedures since initial plant startup. changes will have no effect on any safety consideration, which is presented These new surveillances represent additional limit, protection system setpoint, or limiting below: TS requirements to ensure the CCW and condition for operation, and there are no 1. The proposed change does not involve ASW pumps start when required. No known hardware changes that would impact existing a significant increase in the probability or degradation mechanisms would significantly safety analysis acceptance criteria. Safety consequences of an accident previously affect the ability of the pumps to start over margins would not be significantly affected evaluated. the timeframe of interest (30 months by the proposed surveillance interval Revising the description of the maximum). Based on the past performance of increases. containment spray (CS) initiating signal the equipment, these proposed new TS As previously noted, the 24-month clarifies the design of the plant and provides would not affect the probability or surveillance intervals for the two new TS are uniformity across the Technical consequences of accidents. based on an evaluation of historical data, Specifications (TS) associated with the CS Therefore, the proposed changes do not represent additional requirements, and are initiation function. The enhanced description involve a significant increase in the not believed to be significantly affected by does not affect system operation or probability or consequences of an accident potential time-dependent degradation. As performance, nor the probability of any event previously evaluated. such, these proposed new TS would not initiators. The changes do not affect any 2. The proposed change does not create the affect any margin of safety. engineered safety feature actuation setpoints possibility of a new or different kind of Therefore, the proposed changes do not or accident mitigation capabilities. accident from any accident previously involve a significant reduction in a margin of The administrative changes to TS 3/4.3.2, evaluated. safety. Table 4.3–2, correct the column headings and The surveillance interval notation addition The NRC staff has reviewed the restore test frequency notation. The changes in TS Table 1.1 and the updated TS 4.0.2 licensee’s analysis and, based on this only revise the TS to correspond with Bases section are administrative changes that review, it appears that the three previously issued license amendments (LAs). do not affect the type of accidents possible. standards of 50.92(c) are satisfied. Therefore, the proposed changes do not For the 30 proposed TS changes involving involve a significant increase in the surveillance interval increases from 18 to 24 Therefore, the NRC staff proposes to probability or consequences of an accident months, the surveillance and maintenance determine that the amendment requests previously evaluated. histories indicate that the equipment will involve no significant hazards 2. The proposed change does not create the continue to effectively perform its design consideration. possibility of a new or different kind of function over the longer operating cycles. Local Public Document Room accident from any accident previously Additionally, the increased surveillance location: California Polytechnic State evaluated. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31185

The administrative changes in the amendment is consistent with generic Local Public Document Room description of the CS initiating signal provide guidance. location: Athens Public Library, South uniformity across the TS associated with the Basis for proposed no significant Street, Athens, Alabama 35611 spray system. There are no design, operation, hazards consideration determination: Attorney for licensee: General maintenance, or testing changes associated As required by 10 CFR 50.91(a), the Counsel, Tennessee Valley Authority, with the administrative changes. The administrative changes to TS 3/4.3.2, licensee has provided its analysis of the 400 West Summit Hill Drive, ET llH, Table 4.3–2, correct the column headings and issue of no significant hazards Knoxville, Tennessee 37902 restore test frequency notation. The changes consideration, which is presented NRC Project Director: Frederick J. only revise the TS to correspond with below: Hebdon previously issued LAs. A. The proposed amendment does not Therefore, the proposed change does not involve a significant increase in the Wisconsin Public Service Corporation, create the possibility of a new or different probability or consequences of an accident Docket No. 50–305, Kewaunee Nuclear kind of accident from any accident previously evaluated. Power Plant, Kewaunee County, previously evaluated. The proposed amendment to TS definition Wisconsin 1.0.LL is in accordance with the guidance of 3. The proposed change does not involve Date of amendment request: May 8, a significant reduction in a margin of safety. GL 87–09 and NUREG 1433, Revision 1. The proposed change will allow BFN to continue 1996 The administrative changes in CS signal Description of amendment request: description are not associated with any operation for an additional 24 hours after design, operation, maintenance, or testing discovery of a missed surveillance. The The proposed amendment would revise revisions. change being proposed does not affect the Kewaunee Nuclear Power Plant (KNPP) The administrative changes to TS 3/4.3.2, precursor for any accident or transient Technical Specification (TS) 5.3, Table 4.3–2, correct the column headings and analyzed in Chapter 14 of the BFN Updated ‘‘Reactor,’’ and TS 5.4, ‘‘Fuel Storage,’’ restore test frequency notation. The changes Final Safety Analysis Report. The proposed by removing the enrichment limit for only revise the TS to correspond with change does not reflect a revision to the physical design and/or operation of the plant. reload fuel and imposing fuel storage previously issued LAs. Therefore, operation of the facility in restrictions on the spent fuel storage Therefore, the proposed change does not accordance with the proposed change does racks and the new fuel storage racks. involve a significant reduction in a margin of not affect the probability or consequences of The revised TS are structured consistent safety. an accident previously evaluated. with the Westinghouse Standard The NRC staff has reviewed the B. The proposed amendment does not Technical Specifications and the fuel licensee’s analysis and, based on this create the possibility of a new or different storage restrictions are based on the review, it appears that the three kind of accident from any accident criticality analyses used to support TS standards of 50.92(c) are satisfied. previously evaluated. Amendment 92 dated March 7, 1991. Therefore, the NRC staff proposes to The proposed amendment to TS definition Basis for proposed no significant determine that the amendment requests 1.0.LL is in accordance with the guidance of hazards consideration determination: involve no significant hazards GL 87–09 and NUREG 1433, Revision 1. The proposed change will allow the plant to As required by 10 CFR 50.91(a), the consideration. continue operation for an additional 24 hours licensee has provided its analysis of the Local Public Document Room after discovery of a missed surveillance. The issue of no significant hazards location: California Polytechnic State change being proposed will not change the consideration, which is presented University, Robert E. Kennedy Library, physical plant or the modes of operation below: defined in the facility license. The change Government Documents and Maps The proposed changes were reviewed in does not involve the addition or modification Department, San Luis Obispo, California accordance with the provisions of 10 CFR of equipment, nor do they alter the design or 93407 50.92 to determine that no significant operation of plant systems. Therefore, Attorney for licensee: Christopher J. operation of the facility in accordance with hazards exist. The proposed changes will not: Warner, Esq., Pacific Gas and Electric the proposed change does not create the 1. Involve a significant increase in the Company, P.O. Box 7442, San possibility of a new or different kind of probability or consequences of an accident Francisco, California 94120 accident from any previously evaluated. previously evaluated. NRC Project Director: William H. C. The proposed amendment does not The criticality analysis which was performed in support of Technical Bateman involve a significant reduction in a margin of safety. Specification Amendment 92, dated March 7, Tennessee Valley Authority, Docket The proposed amendment to TS definition 1991, demonstrated that adequate margins to 1.0.LL is in accordance with the guidance of criticality can be maintained with fuel Nos. 50–259, 50–260, and 50–296, 235 Browns Ferry Nuclear Plant, Units 1, 2, GL 87–09 and NUREG 1433, Revision 1. The enrichments up to 49.2 grams of U per axial centimeter stored in the New Fuel and 3, Limestone County, Alabama proposed change does not affect plant safety analysis or change the physical design or Storage Racks and enrichments up to 52.3 235 Date of amendment request: May 20, operation of the plant. The proposed change grams of U per axial centimeter stored in 1996 (TS 373) will allow the plant up to 24 hours to the Spent Fuel Storage Racks. Description of amendment request: perform a missed surveillance. The overall The bounding cases of the analysis effect is a net gain in plant safety by avoiding demonstrated that keff remains less than 0.95 The proposed amendment revises the in the Spent Fuel Storage Racks and the New technical specifications to incorporate a unnecessary shutdowns and the associate system transients due to missed surveillance. Fuel Storage Racks if flooded with unborated 24-hour delay in implementing the Therefore, operation of the facility in water. The bounding cases of the analysis action requirements due to a missed accordance with the proposed change does also demonstrated that keff remains less than surveillance requirement when the not involve a significant reduction in a 0.98 in the New Fuel Storage Racks if action requirements provide a margin of safety. moderated by optimally misted moderator. restoration time that is less than 24 The NRC staff has reviewed the Therefore, the 49.2 grams of U235 per axial hours. This change also clarifies that the licensee’s analysis and, based on this centimeter enrichment is acceptable for time limit of the action requirements review, it appears that the three storage in the New Fuel Storage Racks and 52.3 grams of U235 per axial centimeter for applies from the point in time it is standards of 10 CFR 50.92(c) are storage in the Spent Fuel Storage Racks. identified a surveillance has not been satisfied. Therefore, the NRC staff The only other accident that needs to be performed and not at the time that the proposes to determine that the considered is a fuel handling accident. Since allowed surveillance interval was amendment request involves no the mass of the fuel assembly would not be exceeded. The licensee claims this significant hazards consideration. appreciably altered by the increased fuel 31186 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices enrichment, the probability of this accident Cofrin Library, 2420 Nicolet Drive, new fuel obtained from ABB/ occurring is not changed. The consequences Green Bay, Wisconsin 54311–7001 Combustion Engineering, and to of a fuel handling accident also would not be Attorney for licensee: Bradley D. incorporate staff-approved core reload affected by the use of higher fuel enrichment Jackson, Esq., Foley and Lardner, P. O. since the fission product inventories in a fuel analysis computer programs (codes). assembly are not a significant function of Box 1497, Madison, Wisconsin 53701– Date of individual notice in Federal initial fuel enrichment. This accident was 1497 Register: May 1, 1996 (61 FR 19326) NRC Project Director: Gail H. Marcus analyzed in the criticality analysis which was Expiration date of individual notice: performed in support of Technical Previously Published Notices Of Specification Amendment 92, dated March 7, May 31, 1996 Consideration Of Issuance Of 1991. Local Public Document Room Amendments To Facility Operating It should be noted that any changes in the location: Richland Public Library, 955 nuclear properties of the reactor core that Licenses, Proposed No Significant may result from higher fuel enrichments Hazards Consideration Determination, Northgate Street, Richland, Washington would be analyzed in the appropriate reload And Opportunity For A Hearing 99352 analysis. The administrative relocation of The following notices were previously Notice Of Issuance Of Amendments To information to licensee controlled documents published as separate individual Facility Operating Licenses (i.e., USAR) conforms to NRC policy for the notices. The notice content was the content of technical specifications and does same as above. They were published as During the period since publication of not increase the probability or consequences individual notices either because time the last biweekly notice, the of an accident. did not allow the Commission to wait Commission has issued the following 2. Create the possibility of a new or for this biweekly notice or because the amendments. The Commission has different kind of accident from any accident determined for each of these previously evaluated. action involved exigent circumstances. As discussed above, the only safety issue They are repeated here because the amendments that the application significantly affected by the proposed change biweekly notice lists all amendments complies with the standards and is the criticality analysis of the Spent Fuel issued or proposed to be issued requirements of the Atomic Energy Act Storage Racks and the New Fuel Storage involving no significant hazards of 1954, as amended (the Act), and the Racks. Since it has been demonstrated that consideration. Commission’s rules and regulations. G≅2eff k remains below 0.95 and 0.98, For details, see the individual notice The Commission has made appropriate respectively, in those areas, no new or different accident would be created through in the Federal Register on the day and findings as required by the Act and the the use of fuel enrichments up to 52.3 grams page cited. This notice does not extend Commission’s rules and regulations in of U235 per axial centimeter at the Kewaunee the notice period of the original notice. 10 CFR Chapter I, which are set forth in Nuclear Power Plant. Administrative controls the license amendment. will ensure that only fuel enriched to 49.2 Houston Lighting & Power Company, grams of U235 per axial centimeter or less will City Public Service Board of San Notice of Consideration of Issuance of be placed into the New Fuel Storage Racks. Antonio, Central Power and Light Amendment to Facility Operating The relocation of information to licensee Company, City of Austin, Texas, Docket License, Proposed No Significant controlled documents does not create the Nos. 50–498 and 50–499, South Texas Hazards Consideration Determination, possibility of a new or different kind of Project, Units 1 and 2, Matagorda and Opportunity for A Hearing in accident. County, Texas 3. Involve a significant reduction in the connection with these actions was margin of safety. Date of amendment request: May 17, published in the Federal Register as Since the criticality analyses have shown 1996 indicated. that increasing the allowable weight percent Description of amendment request: Unless otherwise indicated, the enrichment to 52.3 grams of U235 per axial The proposed amendments would Commission has determined that these centimeter would not increase keff above 0.95 modify Technical Specification Section amendments satisfy the criteria for in the Spent Fuel Storage Racks and 3/4.4.5, Steam Generators, 3/4.4.6, categorical exclusion in accordance increasing the allowable weight percent Reactor Coolant System Leakage, and enrichment to 49.2 grams of U235 per axial with 10 CFR 51.22. Therefore, pursuant associate Bases to allow the installation centimeter would not increase keff above 0.98 of tube sleeves as an alternative to to 10 CFR 51.22(b), no environmental in the New Fuel Storage Racks, it is impact statement or environmental concluded that this proposed change would plugging to repair defective steam not reduce the margin of safety. Any changes generator tubes. assessment need be prepared for these in the nuclear properties of the reactor core Date of individual notice in the amendments. If the Commission has that may result from higher fuel enrichments Federal Register: May 29, 1996 (61 FR prepared an environmental assessment would be analyzed in the appropriate reload 26936) under the special circumstances analysis to ensure compliance with Expiration date of individual notice: provision in 10 CFR 51.12(b) and has applicable reload considerations and June 28, 1996 made a determination based on that requirements. Relocation of information to licensee Local Public Document Room assessment, it is so indicated. controlled documents is an administrative location: Wharton County Junior For further details with respect to the action and therefore does not reduce the College, J. M. Hodges Learning Center, action see (1) the applications for margin of safety. 911 Boling Highway, Wharton, TX amendment, (2) the amendment, and (3) The NRC staff has reviewed the 77488 Washington Public Power Supply the Commission’s related letter, Safety licensee’s analysis and, based on this System, Docket No. 50–397, Nuclear Evaluation and/or Environmental review, it appears that the three Project No. 2, Benton County, standards of 10 CFR 50.92(c) are Washington Assessment as indicated. All of these satisfied. Therefore, the NRC staff Date of application for amendment: items are available for public inspection proposes to determine that the April 24, 1996 at the Commission’s Public Document amendment request involves no Brief description of amendment Room, the Gelman Building, 2120 L significant hazards consideration. request: The proposed amendment Street, NW., Washington, DC, and at the Local Public Document Room would modify Technical Specifications local public document rooms for the location: University of Wisconsin, (TSs) 5.3.1 and 6.9.3.2 to reflect use of particular facilities involved. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31187

Arizona Public Service Company, et al., Brief description of amendment: This Duke Power Company, et al., Docket Docket Nos. STN 50–528, STN 50–529, amendment revises the Technical Nos. 50–413 and 50–414, Catawba and STN 50–530, Palo Verde Nuclear Specifications Section 4.4 to allow the Nuclear Station, Units 1 and 2, York Generating Station, Units 1, 2, and 3, use of 10 CFR Part 50, Appendix J, County, South Carolina Maricopa County, Arizona Option B, Performance-Based Date of application for amendments: Containment Leakage Rate Testing. Date of application for amendments: January 12, 1995, as supplemented by Date of issuance: May 28, 1996 January 5, 1996, as supplemented by letter dated June 29, 1995 letters dated April 19, May 1, and May Effective date: May 28, 1996 Amendment No. 169 Brief description of amendments: The 10, 1996. amendments revise and clarify portions Brief description of amendments: The Facility Operating License No. DPR– of Technical Specification Section 6.0, amendments revise the operating 23. Amendment revises the Technical ‘‘Administrative Controls.’’ licenses and Technical Specification Specifications. (TS) Section 1.26 to increase the Date of initial notice in Federal Date of issuance: May 30, 1996 authorized rated thermal power. The Register: February 28, 1996 (61 FR Effective date: As of the date of amendments also revise TS 4.1.1.4, 7545) The Commission’s related issuance to be implemented within 30 3.1.3.4, and 3.2.6 (Figure 3.2–1) to lower evaluation of the amendment is days the allowable reactor coolant system contained in a Safety Evaluation dated Amendment Nos.: 145 and 139 cold leg temperature limits for each of May 28, 1996. No significant hazards Facility Operating License Nos. NPF– the three Palo Verde Nuclear Generating consideration comments received: No 35 and NPF–52: Amendments revised Station units, and TS 3.4.2.1 and 3.4.2.2 Local Public Document Room the Technical Specifications. to lower the pressurizer safety valve location: Hartsville Memorial Library, Date of initial notice in Federal setpoints for Units 1 and 3 to support 147 West College Avenue, Hartsville, Register: November 24, 1995 (60 FR the increased power operation. The Unit South Carolina 29550 58109) The Commission’s related 2 pressurizer safety valve setpoints in evaluation of the amendments is TS 3.4.2.1 and 3.4.2.2 were revised in Duke Power Company, et al., Docket Nos. 50–413 and 50–414, Catawba contained in a Safety Evaluation dated Amendment 78, approved March 28, May 30, 1996. No significant hazards 1995, to the same values being Nuclear Station, Units 1 and 2, York County, South Carolina consideration comments received: No requested for Units 1 and 3 in this Local Public Document Room submittal. Date of application for amendments: location: York County Library, 138 East Date of issuance: May 23, 1996 November 15, 1995, as supplemented by Black Street, Rock Hill, South Carolina Effective date: May 23, 1996, to be letters dated March 15, and April 10, 29730 implemented for Unit 1 within 30 days 1996 of issuance; to be implemented for Unit Brief description of amendments: The Duke Power Company, et al., Docket 2 within 30 days of issuance; to be amendments revise the Technical Nos. 50–413 and 50–414, Catawba implemented for Unit 3 within 45 days Specifications and the associated Bases Nuclear Station, Units 1 and 2, York as of the date of issuance, except for the to increase the setpoint tolerance of the County, South Carolina pressurizer safety valve setpoints main steam safety valves (MSSVs) from Date of application for amendments: change which are effective prior to plus or minus 1% to plus or minus 3%, startup from Unit 3’s sixth refueling April 3, 1996 to incorporate a requirement to reset the Brief description of amendments: The outage. as-left MSSV lift settings to within plus Amendment Nos.: Unit 1 - 108; Unit amendments revise the Technical or minus 1% following surveillance Specifications and the associated Bases 2 - 100; Unit 3 - 80 testing, and to delete two obsolete Facility Operating License Nos. NPF– to provide that if neither Train A or footnotes. 41, NPF–51, and NPF–74: The Train B of the hydrogen igniter is Date of issuance: May 31, 1996 amendments revised the Operating operable in any one containment region, Licenses and Technical Specifications. Effective date: As of the date of there is an allowance of 7 days to restore Date of initial notice in Federal issuance to be implemented within 30 one hydrogen igniter to operable status, Register: February 28, 1996 (61 FR days or be in hot shutdown within the next 7544) The April 19, May 1, and May 10, Amendment Nos.: 146 and 140 6 hours. Facility Operating License Nos. NPF– 1996, supplemental letters provided Date of issuance: June 3, 1996 additional clarifying information and 35 and NPF–52: Amendments revised the Technical Specifications. Effective date: As of the date of did not change the initial no significant issuance to be implemented within 30 hazards consideration determination. Date of initial notice in Federal Register: December 20, 1995 (60 FR days The Commission’s related evaluation of Amendment Nos.: 147 and 141 the amendments is contained in a Safety 65676). The March 15 and April 10, Facility Operating License Nos. NPF– Evaluation dated May 23, 1996. No 1996 letters provided clarifying 35 and NPF–52: Amendments revised significant hazards consideration information that did not change the the Technical Specifications. comments received: No. scope of the November 15, 1995 Local Public Document Room application and the initial proposed no Date of initial notice in Federal location: Phoenix Public Library, 1221 significant hazards consideration Register: April 16, 1996 (61 FR 16649) N. Central Avenue, Phoenix, Arizona determination. The Commission’s The Commission’s related evaluation of 85004 related evaluation of the amendments is the amendments is contained in a Safety contained in a Safety Evaluation dated Evaluation dated June 3, 1996 No Carolina Power & Light Company, May 31, 1996. No significant hazards significant hazards consideration Docket No. 50–261, H. B. Robinson consideration comments received: No comments received: No Steam Electric Plant, Unit No. 2, Local Public Document Room Local Public Document Room Darlington County, South Carolina location: York County Library, 138 East location: York County Library, 138 East Date of application for amendment: Black Street, Rock Hill, South Carolina Black Street, Rock Hill, South Carolina January 31, 1996. 29730 29730 31188 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

Entergy Operations, Inc., Docket No. Florida Power and Light Company, et Houston Lighting & Power Company, 50–382, Waterford Steam Electric al., Docket Nos. 50–335 and 50–389, St. City Public Service Board of San Station, Unit 3, St. Charles Parish, Lucie Plant, Unit Nos. 1 and 2, St. Lucie Antonio Central Power and Light Louisiana County, Florida Company, City of Austin, Texas, Docket No. 50–498, South Texas Project, Unit 1, Date of amendment request: May 19, Date of application for amendments: Matagorda County, Texas 1995, as supplemented by letter dated November 22, 1995 December 7, 1995 Date of amendment request: January Brief description of amendments: 22, 1996, as supplemented April 4 and Brief description of amendment: The These amendments upgrade existing TS May 2, 1996 amendment revised the recombiner 3/4.4.6.1 for the Reactor Coolant System Brief description of amendment: The surveillance requirements to conform Leakage Detection Systems by adopting amendment modified the steam with the staff guidance provided in the Standard Technical Specifications generator tube plugging criteria in TS 3/ NUREG–1432, ‘‘Standard Technical for Combustion Engineering Plants to 4.4.5, Steam Generators, the allowable Specifications Combustion Engineering both St. Lucie Units. primary-to-secondary leakage in TS 3/ Plants.’’ Date of Issuance: May 30, 1996 4.4.6.2, Operational Leakage, and the Date of issuance: June 5, 1996 Effective Date: May 30, 1996 associated Bases. These changes Effective date: June 5, 1996 allowed the implementation of alternate Amendment Nos.: 144 and 84 steam generator tube plugging criteria Amendment No.: 119 Facility Operating License Nos. DPR– for the tube support plate/tube Facility Operating License No. NPF– 67 and NPF–16: Amendments revised intersections for Unit 1. 38. Amendment revised the Technical the Technical Specifications. Date of issuance: May 22, 1996 Specifications. Date of initial notice in Federal Effective date: May 22, 1996 Date of initial notice in Federal Register: January 22, 1996 (61 FR 1629) Amendment No.: 83 Register: January 3, 1996 (61 FR 180) The Commission’s related evaluation of Facility Operating License No. NPF– The Commission’s related evaluation of the amendments is contained in a Safety 76. The amendment revised the the amendment is contained in a Safety Evaluation dated May 30, 1996. No Technical Specifications. Evaluation dated June 5, 1996. No significant hazards consideration Date of initial notice in Federal significant hazards consideration comments received: No. Register: April 16, 1996 (61 FR 16651) comments received: No as corrected April 22, 1996 (61 FR Local Public Document Room 17735). The additional information Local Public Document Room location: Indian River Junior College contained in the supplemental letter location: University of New Orleans Library, 3209 Virginia Avenue, Fort dated May 2, 1996, was clarifying in Library, Louisiana Collection, Lakefront, Pierce, Florida 34954–9003 nature and thus, within the scope of the New Orleans, LA 70122 GPU Nuclear Corporation, et al., initial notice and did not affect the Florida Power and Light Company, et Docket No. 50–219, Oyster Creek staff’s proposed no significant hazards al., Docket Nos. 50–335 and 50–389, St. Nuclear Generating Station, Ocean consideration determination. The Lucie Plant, Unit Nos. 1 and 2, St. Lucie County, New Jersey Commission’s related evaluation of the County, Florida amendment is contained in a Safety Date of application for amendment: Evaluation dated May 22, 1996. No Date of application for amendments: March 28, 1996 (TSCR 234) significant hazards consideration January 4, 1996 Brief description of amendment: The comments received: No Brief description of amendments: amendment modifies Technical Local Public Document Room These amendments rectify a Specification pages 3.1–5 and 3.1–16 to location: Wharton County Junior discrepancy in Technical Specification indicate 40 percent of the rated reactor College, J. M. Hodges Learning Center, 3.5.3, and provide assurance that thermal power as the anticipatory 911 Boling Highway, Wharton, TX administrative controls for High reactor scram bypass setpoint on turbine 77488 Pressure Safety Injection pumps remain trip or generator load rejection. IES Utilities Inc., Docket No. 50–331, effective in the lower operational Date of Issuance: June 4, 1996 Duane Arnold Energy, Center, Linn modes. Effective date: As of the date of County, Iowa Date of Issuance: May 30, 1996 issuance, to be implemented within 30 Date of application for amendment: Effective Date: May 30, 1996 days. July 21, 1995, as supplemented August Amendment Nos.: 143 and 183 Amendment No.: 184 8, 1995 and December 15, 1995 Facility Operating License Nos. DPR– Facility Operating License No. DPR– Brief description of amendment: The 67 and NPF–16: Amendments revised 16. Amendment revised the Technical amendment made administrative the Technical Specifications. Specifications. changes to various sections of the DAEC Technical Specifications (TS). The Date of initial notice in Federal Date of initial notice in Federal amendment replaced the surveillance Register: February 14, 1996 (61 FR Register: April 24, 1996 (61 FR 18167) condition when an Emergency Service 5813) The Commission’s related The Commission’s related evaluation of Water pump or loop is inoperable with evaluation of the amendments is this amendment is contained in a Safety an OPERABILITY verification of the contained in a Safety Evaluation dated Evaluation dated June 4, 1996 No opposite train’s Emergency Diesel May 30, 1996. No significant hazards significant hazards consideration Generator (EDG). The amendment consideration comments received: No. comments received: No. modified the TS to allow credit for Local Public Document Room Local Public Document Room demonstration of EDG OPERABILITY location: Indian River Junior College location: Ocean County Library, that occurred within the previous 24 Library, 3209 Virginia Avenue, Fort Reference Department, 101 Washington hours. The amendment revised the Pierce, Florida 34954–9003 Street, Toms River, NJ 08753 format and language of TS Section 5.5 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31189 to clarify the requirements and state the Local Public Document Room units at the Diablo Canyon Power Plant capacity of the spent fuel pool and vault location: Minneapolis Public Library, (DCPP). storage in order to remove ambiguities Technology and Science Department, Date of issuance: May 28, 1996 in the wording and to be more 300 Nicollet Mall, Minneapolis, Effective date: May 28, 1996 consistent with the Improved Standard Minnesota 55401 Amendment Nos.: Unit 1 - 113; Unit TS guidance. The amendment revised Pacific Gas and Electric Company, 2 - 111 the list of Operations Committee Docket Nos. 50–275 and 50–323, Diablo responsibilities (Section 6.5.1.6) to Facility Operating License Nos. DPR– Canyon Nuclear Power Plant, Unit Nos. eliminate Committee review of 80 and DPR–82: The amendments 1 and 2, San Luis Obispo County, procedures implementing Security and revised the Technical Specifications. California Emergency Plans. Date of initial notice in Federal Date of issuance: June 5, 1996 Date of application for amendments: Register: April 24, 1996 (61 FR 18173) Effective date: June 5, 1996 March 13, 1996 The Commission’s related evaluation of Amendment No.: 214 Brief description of amendments: the amendments is contained in a Safety Facility Operating License No. DPR– These amendments delete the Evaluation dated May 28, 1996. No 49. Amendment revised the Technical requirement in Technical Specifications significant hazards consideration Specifications. (TS) 4.0.5a for NRC written approval comments received: No. Date of initial notice in Federal prior to implementation of relief from Local Public Document Room Register: September 27, 1995 (60 FR ASME Code requirements by deleting location: California Polytechnic State 49938) and February 2, 1996 (61 FR ‘‘...(g),.except where specific written University, Robert E. Kennedy Library, 3953) The Commission’s related relief has been granted by the Government Documents and Maps evaluation of the amendment is Commission pursuant to 10 CFR Department, San Luis Obispo, California contained in a Safety Evaluation dated 50.55a(g)(6)(i).’’ Also, the amendments 93407 June 5, 1996. No significant hazards add the ASME Section XI definition of consideration comments received: No. ‘‘Biennially or every 2 years - At least Rochester Gas and Electric Local Public Document Room once per 731 days,’’ in TS 4.0.5b. Corporation, Docket No. 50–244, R. E. location: Cedar Rapids Public Library, Date of issuance: May 28, 1996 Ginna Nuclear Power Plant, Wayne 500 First Street, S. E., Cedar Rapids, Effective date: May 28, 1996 County, New York Iowa 52401 Amendment Nos.: Unit 1 - 112; Unit 2 - 110 Date of application for amendment: Northern States Power Company, Facility Operating License Nos. DPR– May 8, 1996, as supplemented May 10, Docket Nos. 50–282 and 50–306, Prairie 80 and DPR–82: The amendments 1996, and May 29, 1996, and June 3, Island Nuclear Generating Plant, Unit revised the Technical Specifications. 1996. Nos. 1 and 2, Goodhue County, Date of initial notice in Federal Brief description of amendment: This Minnesota Register: April 24, 1996 (61 FR 18173) amendment modifies the Technical Date of application for amendments: The Commission’s related evaluation of Specifications to correct several May 4, 1995, as supplemented the amendments is contained in a Safety typographical errors that were November 27, 1995, and March 1, 1996 Evaluation dated May 28, 1996. No implemented in the Improved Technical Brief description of amendments: The significant hazards consideration Specifications at Ginna Station per amendments revise the pressurizer and comments received: No. Amendment No. 61. main steam safety valve lift setting Local Public Document Room Date of issuance: June 3, 1996 tolerance from plus or minus 1 percent location: California Polytechnic State Effective date: As of date of issuance. to plus or minus 3 percent (as-found University, Robert E. Kennedy Library, Amendment No.: 65 setpoint only), revise the safety limit Government Documents and Maps curves, reformat Section 2, and correct Department, San Luis Obispo, California Facility Operating License No. DPR– typographical errors. 93407 18: Amendment revised the Technical Date of issuance: May 21, 1996 Specifications. Public comments Effective date: May 21, 1996, with full Pacific Gas and Electric Company, requested as to proposed no significant implementation within 30 days Docket Nos. 50–275 and 50–323, Diablo hazards consideration: Yes (61 FR Amendment Nos.: Unit 1 - 123, Unit Canyon Nuclear Power Plant, Unit Nos. 24965, dated May 17, 1996). That notice 2 - 116 1 and 2, San Luis Obispo County, provided an opportunity to submit Facility Operating License Nos. DPR– California comments on the Commission’s 42 and DPR–60. Amendments revised Date of application for amendments: proposed no significant hazards the Technical Specifications. April 3, 1996 consideration determination. No Date of initial notice in Federal Brief description of amendments: comments have been received. The Register: September 13, 1995 (60 FR These amendments revise the combined notice published May 17, 1996, also 47621) The November 27, 1995, and Technical Specifications (TS) for the provided for a hearing by June 17, 1996, March 1, 1996, letters provided Diablo Canyon Nuclear Power Plant, but indicated that if a Commission clarifying information in response to Unit Nos. 1 and 2 to revise Technical makes a final no significant hazards NRC staff questions. This information Specifications 3/4.7.5, ‘‘Control Room consideration determination, any such was within the scope of the original Ventilation System;’’ 3/4.7.6, ‘‘Auxiliary hearing would take place after issuance application and did not change the Building Safeguards Air Filtration of the amendment. The Commission’s staff’s initial proposed no significant System;’’ and 3/4.9.12, ‘‘Fuel Handling related evaluation of the amendment is hazards consideration determination. Building Ventilation System’’ to clarify contained in a Safety Evaluation dated The Commission’s related evaluation of the testing methodology utilized by June 3, 1996. the amendments is contained in a Safety PG&E to determine the operability of the Local Public Document Room Evaluation dated May 21, 1996. No charcoal and high efficiency particulate location: Rochester Public Library, 115 significant hazards consideration air (HEPA) filters in the engineering South Avenue, Rochester, New York comments received: No. safeguards features (ESF) air handling 14610. 31190 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

Union Electric Company, Docket No. Washington Public Power Supply Register notice providing opportunity 50–483, Callaway Plant, Unit 1, System, Docket No. 50–397, Nuclear for public comment or has used local Callaway County, Missouri Project No. 2, Benton County, media to provide notice to the public in Washington the area surrounding a licensee’s facility Date of application for amendment: of the licensee’s application and of the February 9, 1996 as superseded by letter Date of application for amendment: April 24, as supplemented by letter Commission’s proposed determination dated March 22, 1996. of no significant hazards consideration. Brief description of amendment: The dated May 29, 1996. Brief description of amendment: The The Commission has provided a amendment revises Technical amendment would modify the WNP–2 reasonable opportunity for the public to Specification (TS) 1.7, 4.6.1.1, 3.6.1.3, technical specifications to support Cycle comment, using its best efforts to make 4.6.1.3, 6.8.4 and the associated Bases 12 operation, reflect use of new fuel available to the public means of section to directly reference Regulatory obtained from ABB/Combustion communication for the public to Guide 1.163, ‘‘Performance-Based Engineering, and incorporate staff- respond quickly, and in the case of Containment Leak Test Program,’’ as approved core reload analysis computer telephone comments, the comments required by 10 CFR 50, Appendix J, programs (codes). Date of issuance: June have been recorded or transcribed as Option B for the Type A containment 4, 1996 Effective date: June 4, 1996, to appropriate and the licensee has been integrated leak rate tests and the Type be implemented within 30 days of informed of the public comments. B and C local leak tests. issuance. In circumstances where failure to act Date of issuance: May 28, 1996 Amendment No.: 146 in a timely way would have resulted, for Effective date: May 28, 1996, to be Facility Operating License No. NPF– example, in derating or shutdown of a implemented within 30 days from the 21: The amendment revised the nuclear power plant or in prevention of date of issuance. Technical Specifications. either resumption of operation or of Amendment No.: 111 Date of initial notice in Federal increase in power output up to the Facility Operating License No. NPF– Register: May 1, 1996 (61 FR 19326). plant’s licensed power level, the 30: The amendment revised the The Commission’s related evaluation of Commission may not have had an Technical Specifications. the amendment is contained in a Safety opportunity to provide for public Evaluation dated June 4, 1996. No comment on its no significant hazards Date of initial notice in Federal significant hazards consideration consideration determination. In such Register: April 24, 1996 (61 FR 18174) comments received: No. case, the license amendment has been The Commission’s related evaluation of Local Public Document Room issued without opportunity for the amendment is contained in a Safety location: Richland Public Library, 955 comment. If there has been some time Evaluation dated May 28, 1996. No Northgate Street, Richland, Washington for public comment but less than 30 significant hazards consideration 99352 days, the Commission may provide an comments received: No. opportunity for public comment. If Local Public Document Room Notice Of Issuance Of Amendments To comments have been requested, it is so location: Callaway County Public Facility Operating Licenses And Final stated. In either event, the State has Library, 710 Court Street, Fulton, Determination Of No Significant been consulted by telephone whenever Missouri 65251. Hazards Consideration And possible. Opportunity For A Hearing (Exigent Virginia Electric and Power Company, Under its regulations, the Commission Public Announcement Or Emergency may issue and make an amendment et al., Docket Nos. 50–338 and 50–339, Circumstances) North Anna Power Station, Units No. 1 immediately effective, notwithstanding During the period since publication of and No. 2, Louisa County, Virginia the pendency before it of a request for the last biweekly notice, the a hearing from any person, in advance Date of application for amendments: Commission has issued the following of the holding and completion of any January 30, 1996 amendments. The Commission has required hearing, where it has Brief description of amendments: The determined for each of these determined that no significant hazards amendments modify the Technical amendments that the application for the consideration is involved. Specifications to increase the minimal amendment complies with the The Commission has applied the allowable reactor coolant system total standards and requirements of the standards of 10 CFR 50.92 and has made flow rate. Atomic Energy Act of 1954, as amended a final determination that the Date of issuance: June 5, 1996 (the Act), and the Commission’s rules amendment involves no significant hazards consideration. The basis for this Effective date: June 5, 1996 and regulations. The Commission has made appropriate findings as required determination is contained in the Amendment Nos.: 201 and 182 by the Act and the Commission’s rules documents related to this action. Facility Operating License Nos. NPF– and regulations in 10 CFR Chapter I, Accordingly, the amendments have 4 and NPF–7. Amendments revised the which are set forth in the license been issued and made effective as Technical Specifications. amendment. indicated. Date of initial notice in Federal Because of exigent or emergency Unless otherwise indicated, the Register: February 28, 1996 (61 FR circumstances associated with the date Commission has determined that these 7559) The Commission’s related the amendment was needed, there was amendments satisfy the criteria for evaluation of the amendments is not time for the Commission to publish, categorical exclusion in accordance contained in a Safety Evaluation dated for public comment before issuance, its with 10 CFR 51.22. Therefore, pursuant June 5, 1996. No significant hazards usual 30-day Notice of Consideration of to 10 CFR 51.22(b), no environmental consideration comments received: No. Issuance of Amendment, Proposed No impact statement or environmental Local Public Document Room Significant Hazards Consideration assessment need be prepared for these location: The Alderman Library, Special Determination, and Opportunity for a amendments. If the Commission has Collections Department, University of Hearing. prepared an environmental assessment Virginia, Charlottesville, Virginia For exigent circumstances, the under the special circumstances 22903–2498. Commission has either issued a Federal provision in 10 CFR 51.12(b) and has Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31191 made a determination based on that subject matter of the proceeding as to 2120 L Street, NW., Washington, DC, by assessment, it is so indicated. which petitioner wishes to intervene. the above date. Where petitions are filed For further details with respect to the Any person who has filed a petition for during the last 10 days of the notice action see (1) the application for leave to intervene or who has been period, it is requested that the petitioner amendment, (2) the amendment to admitted as a party may amend the promptly so inform the Commission by Facility Operating License, and (3) the petition without requesting leave of the a toll-free telephone call to Western Commission’s related letter, Safety Board up to 15 days prior to the first Union at 1-(800) 248–5100 (in Missouri Evaluation and/or Environmental prehearing conference scheduled in the 1-(800) 342–6700). The Western Union Assessment, as indicated. All of these proceeding, but such an amended operator should be given Datagram items are available for public inspection petition must satisfy the specificity Identification Number N1023 and the at the Commission’s Public Document requirements described above. following message addressed to (Project Room, the Gelman Building, 2120 L Not later than 15 days prior to the first Director): petitioner’s name and Street, NW., Washington, DC, and at the prehearing conference scheduled in the telephone number, date petition was local public document room for the proceeding, a petitioner shall file a mailed, plant name, and publication particular facility involved. supplement to the petition to intervene date and page number of this Federal The Commission is also offering an which must include a list of the Register notice. A copy of the petition opportunity for a hearing with respect to contentions which are sought to be should also be sent to the Office of the the issuance of the amendment. By July litigated in the matter. Each contention General Counsel, U.S. Nuclear 19, 1996, the licensee may file a request must consist of a specific statement of Regulatory Commission, Washington, for a hearing with respect to issuance of the issue of law or fact to be raised or DC 20555–001, and to the attorney for the amendment to the subject facility controverted. In addition, the petitioner the licensee. operating license and any person whose shall provide a brief explanation of the Nontimely filings of petitions for interest may be affected by this bases of the contention and a concise leave to intervene, amended petitions, proceeding and who wishes to statement of the alleged facts or expert supplemental petitions and/or requests participate as a party in the proceeding opinion which support the contention for a hearing will not be entertained must file a written request for a hearing and on which the petitioner intends to absent a determination by the and a petition for leave to intervene. rely in proving the contention at the Commission, the presiding officer or the Requests for a hearing and a petition for hearing. The petitioner must also Atomic Safety and Licensing Board that leave to intervene shall be filed in provide references to those specific the petition and/or request should be accordance with the Commission’s sources and documents of which the granted based upon a balancing of the ‘‘Rules of Practice for Domestic petitioner is aware and on which the factors specified in 10 CFR Licensing Proceedings’’ in 10 CFR Part petitioner intends to rely to establish 2.714(a)(1)(i)-(v) and 2.714(d). 2. Interested persons should consult a those facts or expert opinion. Petitioner Commonwealth Edison Company, current copy of 10 CFR 2.714 which is must provide sufficient information to Docket No. 50–249, Dresden Nuclear available at the Commission’s Public show that a genuine dispute exists with Power Station, Unit No. 3 Document Room, the Gelman Building, the applicant on a material issue of law 2120 L Street, NW., Washington, DC and or fact. Contentions shall be limited to Date of application for amendment: at the local public document room for matters within the scope of the May 22, 1996 the particular facility involved. If a amendment under consideration. The Brief description of amendment: The request for a hearing or petition for contention must be one which, if amendment authorizes, on a one- time leave to intervene is filed by the above proven, would entitle the petitioner to temporary basis, operation of Dresden, date, the Commission or an Atomic relief. A petitioner who fails to file such Unit 3, with the structural steel Safety and Licensing Board, designated a supplement which satisfies these members in the Low Pressure Coolant by the Commission or by the Chairman requirements with respect to at least one Injection (LPCI) corner rooms outside of the Atomic Safety and Licensing contention will not be permitted to the Updated Final Safety Analysis Board Panel, will rule on the request participate as a party. Report (UFSAR) design parameters, but and/or petition; and the Secretary or the Those permitted to intervene become capable of performing their intended designated Atomic Safety and Licensing parties to the proceeding, subject to any safety function. Following a reactor Board will issue a notice of a hearing or limitations in the order granting leave to scram on May 15, 1996, Commonwealth an appropriate order. intervene, and have the opportunity to Edison Company (ComEd) performed a As required by 10 CFR 2.714, a participate fully in the conduct of the Safety Evaluation (SE) in accordance petition for leave to intervene shall set hearing, including the opportunity to with the requirements of 10 CFR 50.59 forth with particularity the interest of present evidence and cross-examine to determine if the current configuration the petitioner in the proceeding, and witnesses. Since the Commission has of the corner room structural steel how that interest may be affected by the made a final determination that the members had reduced the margin of results of the proceeding. The petition amendment involves no significant safety as described in the UFSAR. The should specifically explain the reasons hazards consideration, if a hearing is SE determined that the configuration why intervention should be permitted requested, it will not stay the does not reduce the margin of safety with particular reference to the effectiveness of the amendment. Any with respect to the stress allowables for following factors: (1) the nature of the hearing held would take place while the the structural steel if subjected to a Safe petitioner’s right under the Act to be amendment is in effect. Shutdown Earthquake (SSE). An made a party to the proceeding; (2) the A request for a hearing or a petition unreviewed safety question was nature and extent of the petitioner’s for leave to intervene must be filed with determined to exist because stress property, financial, or other interest in the Secretary of the Commission, U.S. allowables for the structural steel the proceeding; and (3) the possible Nuclear Regulatory Commission, subjected to an Operating Basis effect of any order which may be Washington, DC 20555–001, Attention: Earthquake (OBE) were found outside entered in the proceeding on the Docketing and Services Branch, or may the UFSAR requirements; however, the petitioner’s interest. The petition should be delivered to the Commission’s Public current configuration of the corner room also identify the specific aspect(s) of the Document Room, the Gelman Building, structural steel members has not 31192 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices significantly reduced the margin of MATTERS TO BE CONSIDERED: Cases in the Dated: June 14, 1996. safety as described in the UFSAR. Commission’s adjudicative process. Beatrice Ezerski, Date of Issuance: May 31, 1996 Secretary to the Board. CONTACT PERSON FOR MORE INFORMATION: Effective date: May 31, 1996 Earl R. Ohman, Jr., General Counsel, [FR Doc. 96–15720 Filed 6–17–96; 11:09 am] Amendment No.: 144 (202) 606–5410. BILLING CODE 7905±01±M Facility Operating License No. DPR– 25. The amendment revised the license. Earl R. Ohman, Jr., General Counsel. Press release issued requesting SECURITIES AND EXCHANGE comments as to proposed no significant [FR Doc. 96–15749 Filed 6–17–96; 8:45 am] COMMISSION hazards consideration: Yes. Joliet BILLING CODE 7600±01±M Herald News on May 25, 1996, and the Proposed Collection; Comment Morris Daily Herald on May 29, 1996. Request Comments received: No comments were received on the proposed no significant RAILROAD RETIREMENT BOARD Upon Written Request, Copies Available hazards consideration determination; From: Securities and Exchange however, comments were received Sunshine Act Meeting Commission, Office of Filings and concerning the licensee’s timeliness and Information Services, Washington, DC decision-making in restoring the UFSAR Notice is hereby given that the 20549 design margin to the structural steel Railroad Retirement Board will hold a Extension: members installed the LPCI corner meeting on June 26, 1996, 9:00 a.m., at Rule 15c2–5 rooms at Dresden Unit 3. the Board’s meeting room on the 8th SEC File No. 270–195 The Commission’s related evaluation floor of its headquarters building, 844 OMB Control No. 3235–0198 of the amendment, finding of exigent North Rush Street, Chicago, Illinois, Notice is hereby given that pursuant circumstances, consultation with the 60611. to the Paperwork Reduction Act of 1995 State of Illinois and final determination The agenda for this meeting follows: (44 U.S.C. 3501 et seq.), the Securities of no significant hazards consideration and Exchange Commission Portion Open to the Public are contained in a Safety Evaluation (‘‘Commission’’) is publishing the dated May 31, 1996. (1) Annual Actuarial Report (Sec. 22 of the following summary of collection for Attorney for licensee: Michael I. Railroad Retirement Act of 1974 and Sec. public comment. Miller, Esquire; Sidley and Austin, One 502 of the Railroad Retirement Solvency Rule 15c2–5 prohibits a broker-dealer First National Plaza, Chicago, Illinois Act of 1983) (2) Fiscal Year 1996 Budget Allocations from arranging a loan for a customer to 60690 whom a security is sold unless, before Local Public Document Room (3) Proposed Reorganization—Bureau of Information Systems the transaction is entered into, the location: Morris Area Public Library (4) Letters to Congress on H.R. 2942 and S. broker-dealer first: (1) delivers to the District, 604 Liberty Street, Morris, 1552 customer a written statement setting Illinois 60450. (5) Draft Legislation Proposed on April 4, forth certain information about the NRC Project Director: Robert A. Capra 1996—Draft Legislation to Enhance Debt specific arrangement being offered to Dated at Rockville, Maryland, this 12th day Collection Efforts him; (2) obtains from the customer of June 1996. (6) Medicare Part B Services (Contract No. sufficient information concerning his or For the Nuclear Regulatory Commission 92RRB006) her financial situation and needs so as John A. Zwolinski, (7) Regulations, Claims Manuals, Rulings, to determine that the entire transaction Deputy Director, Division of Reactor Projects and Procedures is suitable for the customer; and (3) - I/II, Office of Nuclear Reactor Regulation (8) Status of Intermodal Services Under the retains in his or her files a written [Doc. 96–15398 Filed 6–18–96; 8:45 am] Railroad Retirement and Railroad statement setting forth the basis upon BILLING CODE 7590±01±F Unemployment Insurance Acts (9) Regulations—Part 230 (Reduction and which the broker-dealer made such Non-Payment of Annuities by Reason of determination. The information Work) required by the rule is necessary for the OCCUPATIONAL SAFETY AND (10) Employee Service Determinations: execution of the Commission’s mandate HEALTH REVIEW COMMISSION A. Maryland Midland Railway, Inc.—James under the Securities Exchange Act of W. Schaeffer, Jr. 1934 (‘‘Exchange Act’’) to prevent Sunshine Act Meeting B. Joyce Goss fraudulent, manipulative, and deceptive (11) Labor Member Truth in Budgeting Status acts and practices by broker-dealers. TIME AND DATE: 10:00 a.m., on June 25, Report There are approximately 50 respondents 1996. Portion Closed to the Public that require an aggregate total of 600 PLACE: The Commission’s National hours to comply with the rule. Each of Office at One Lafayette Centre, 1120 (A) Request for Change in Position Index these approximately 50 registered 20th St., N.W., 9th Floor, Washington, (Bureau of Hearings and Appeals) broker-dealers makes an estimated 6 (B) Pending Board Appeals: DC 20036–3419. annual responses, for an aggregate total (1) Anderson, Raymond STATUS: Under 29 C.F.R. § 2203.4(d) this of 300 responses per year. Each (2) Garcia, Fedelina meeting is subject to being closed by a (3) Herbert, Harold response takes approximately 2 hours to vote of the Commissioners taken at the (4) Howard, Alvira M. complete. Thus, the total compliance beginning of the meeting. Since the only (5) McLeod, Jasper N. burden per year is 600 burden hours. matters to be discussed at this meeting (6) Trybala, Therese A. The approximate cost per hour is $20, will be specific cases in the resulting in a total cost of compliance Commission’s adjudicative process, it is The person to contact for more for the respondents of $12,000 (600 likely that, pursuant to 29 C.F.R. information is Beatrice Ezerski, hours @ $20). § 2203.3(b)(10), the meeting will be Secretary to the Board, Phone No. 312– Written comments are invited on: (a) closed upon a proper vote taken. 751–4920. whether the proposed collection of Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31193 information is necessary for the proper The notice required by the rule alerts 1940 Act granting exemptions from the performance of the functions of the the Commission and self-regulatory provisions of Sections 2(a)(32), 22(c), agency, including whether the organizations (‘‘SROs’’), which have 27(a)(3), 27(c)(1) and 27(d) thereof, and information shall have practical utility; oversight responsibility over broker- Rules 22c–1, 6e–3(T)(b)(12), 6e– (b) the accuracy of the agency’s estimate dealers, to those firms having financial 3(T)(b)(13) and 6e–3(T)(d)(1)(ii) of the burden of the proposed collection or operational problems. thereunder. of information; (c) ways to enhance the Because broker-dealers are required to SUMMARY OF APPLICATION: Applicants quality, utility, and clarity of the file pursuant to Rule 17a–11 only when seek exemptive relief to the extent information to be collected; and (d) certain specified events occur, it is necessary to permit them to issue ways to minimize the burden of the difficult to develop a meaningful figure flexible premium surviorship variable collection of information on for the cost of compliance with Rule life insurance policies (‘‘Policies’’) that respondents, including through the use 17a–11. It is anticipated that enable Fortis Benefits to: (1) credit the of automated collection techniques or approximately 650 broker-dealers will Policy owner’s account with ‘‘premium other forms of information technology. spend 1 hour per year complying with based bonuses’’ and ‘‘Policy value Consideration will be given to Rule 17a–11. The total cost is estimated bonuses’’; (2) include in the surrender comments and suggestions submitted in to be approximately 650 hours. With charge of the Policies any premium tax writing within 60 days of this respect to those broker-dealers that must charge not previously recovered; and (3) publication. give notice under Rule 17a–11, the cost deduct sales charges in a manner that Direct your written comments to is approximately $10 per response for a may result in such deductions taken in Michael E. Bartell, Associate Executive total annual expense for all broker- one period being considered to be Director, Office of Information dealers of $6,500. higher than those taken in a prior Technology, Securities and Exchange General comments regarding the period. Commission, 450 5th Street, N.W. estimated burden hours should be FILING DATE: The application was filed Washington, DC 20549. directed to the Desk Officer for the on January 30, 1996, and amended on Dated: June 11, 1996. Securities and Exchange Commission at June 11, 1996. the address below. Any comments Margaret H. McFarland, HEARING OR NOTIFICATION OF HEARING: An concerning the accuracy of the Deputy Secretary. order granting the application will be estimated average burden hours for issued unless the Commission orders a [FR Doc. 96–15450 Filed 6–18–96; 8:45 am] compliance with Commission rules and hearing. Interested persons may request BILLING CODE 8010±01±M forms should be directed to Michael E. a hearing by writing to the Secretary of Bartell, Associate Executive Director, the Commission and serving Applicants Office of Information Technology, Submission for OMB Review; with a copy of the request, personally or Securities and Exchange Commission, Comment Request by mail. Hearing requests must be 450 Fifth Street, N.W., Washington, D.C. received by the Commission by 5:30 Upon Written Request, Copies Available 20549 and Desk Officer for the p.m. on July 8, 1996, and must be From: Securities and Exchange Securities and Exchange Commission, accompanied by proof of service on Commission, Office of Filings and Office of Information and Regulatory Applicants in the form of an affidavit or, Information Services, Washington, DC Affairs, Office of Management and for lawyers, a certificate of service. 20549 Budget, Room 3208, New Executive Hearing requests should state the nature Extension: Office Building, Washington, D.C. of the writer’s interest, the reason for the Rule 17a–11 20503. SEC File No. 270–94 request, and the issues contested. OMB Control No. 3235–0085 Dated: June 11, 1996. Persons may request notification of a Notice is hereby given that pursuant Margaret H. McFarland, hearing by writing to the Secretary of to the Paperwork Reduction Act of 1995 Deputy Secretary. the Commission. (44 U.S.C. 3501 et seq.), the Securities [FR Doc. 96–15574 Filed 6–18–96; 8:45 am] ADDRESSES: Secretary, Securities and and Exchange Commission BILLING CODE 8010±01±M Exchange Commission, 450 5th Street, (‘‘Commission’’) has submitted to the N.W., Washington, D.C. 20549. Applicants, c/o Douglas R. Lowe, Esq., Office of Management and Budget [Rel. No. IC±22014; No. 812±9968] requests for approval of extension on Fortis Benefits Insurance Company, 500 the following rule: Fortis Benefits Insurance Company, et Bielenberg Drive, Woodbury, Minnesota Rule 17a–11 requires broker-dealers to al.; Notice of Application for an Order 55125. give notice when certain specified Pursuant to the Investment Company FOR FURTHER INFORMATION CONTACT: events occur. Specifically, the rule Act of 1940 Kevin M. Kirchoff, Senior Counsel, or requires broker-dealers to send notice Patrice M. Pitts, Special Counsel, Office promptly (but within 24 hours) after the June 13, 1996. of Insurance Products (Division of broker-dealer’s aggregate indebtedness AGENCY: Securities and Exchange Investment Management), at (202) 942– is in excess of 1,200 percent of its net Commission (‘‘Commission’’). 0670. capital, its net capital is less than 5 ACTION: Notice of application for an SUPPLEMENTARY INFORMATION: Following percent of aggregate debt items or its order pursuant to the Investment is a summary of the application; the total net capital is less than 120 percent Company Act of 1940 (the ‘‘1940 Act’’). complete application is available for a of the broker-dealer’s required fee from the Public Reference Branch of minimum net capital. In addition, APPLICANTS: Fortis Benefits Insurance the Commission. broker-dealers are required to give Company (‘‘Fortis Benefits’’), Variable notice if they fail to make and keep Account C of Fortis Benefits Insurance Applicants’ Representations current books and records required by Company (‘‘Fortis Benefits Account’’) 1. Fortis Benefits, a Minnesota Rule 17a–3 or if they discover any and Fortis Investors, Inc. (‘‘Investors’’). corporation, is qualified to sell life material inadequacy as defined in Rule RELEVANT 1940 ACT SECTIONS: Order insurance in the District of Columbia 17a–5(g). requested pursuant to Section 6(c) of the and in all states except New York. It is 31194 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices an indirect, wholly-owned subsidiary of and has considerable flexibility to vary Premium based bonuses at the Fortis, Inc., which is itself indirectly the frequency and amount of premium foregoing rates are not guaranteed, and owned by N.V. AMEV (50 percent) and payments. Fortis Benefits reserves the right to by Compaignie Financiere et de 7. The Policy generally is guaranteed reduce them, subject to guaranteed Reassurance de Group AG (50 percent). not to lapse until 10 years, 20 years, or minimum rates. The guaranteed rates 2. Fortis Benefits established the the Policy anniversary following the are as follows, and are guaranteed only Fortis Benefits Account under the laws younger insured’s age 85 (subject to to the extent allowed by state insurance of the State of Minneota as a segregated certain limitations if the younger law: investment account for the purpose of insured is age 65 or more at issue or if funding variable life insurance policies, either insured is in a substandard End of policy year including the Policies. The Fortis Age of younger in- mortality risk class), if certain minimum sured at issue Benefits Account is registered as a unit premium payments are made. 0±6 7 8 9+ investment trust under the 1940 Act, 8. Unless prohibited by applicable and currently consists of twelve state insurance law, Fortis Benefits Percentages subaccounts (‘‘Subaccounts’’), each of intends to pay a premium based bonus 18±50 ...... 0 2 4 4 which invests exclusively in shares of a on the last day of the 7th and each 51±60 ...... 0 2 4 7 corresponding portfolio of Fortis Series subsequent Policy year. The amount of 61±70 ...... 0 2 4 7 71±85 ...... 0 2 4 5 Fund, Inc., a registered management the bonus is a percentage of the lesser investment company. of (a) or (b) (below), the result divided 3. Investors, an indirect wholly- by the number of years that the Policy No further premium based bonuses owned subsidiary of Fortis, Inc., is the has been in force, where, as of the date are credited to a Policy subsequent to principal underwriter for the Policies. of the credit: the time that the younger insured Investors is registered as a broker-dealer (a) is the sum of all premiums paid reaches age 100. under the Securities Exchange Act of under the Policy less any withdrawals 1934, and is a member of the National 10. All premium based bonuses will and loans taken out by the Policy be allocated among the general account Association of Securities Dealers, Inc. owner; and 4. The Policies are last survivor and the Subaccounts on a pro rata basis: (b) is the sum of all ‘‘Maximum Bonus i.e., in proportion to the amount of flexible premium variable life insurance Premiums’’ to date. policies. Under the Policy a death Policy value in each, exclusive of For this purpose, a Maximum Bonus amounts transferred to the general benefit is payable upon the death of the Premium generally is the hypothetical second to die of two insured persons account as a result of Policy loans. This estimated monthly premium payment is referred to hereinafter as the named in the application for the Policy. that would keep the Policy in force to ‘‘unloaded policy value.’’ Following The Policy permits the Policy owner to the younger insured’s age 85, without such allocation, these amounts will be select between, and change from time to regard to substandard risks or riders. A credited with investment performance, time, two death benefit options. Under face amount increase or decrease one of these options (‘‘Option B’’), but requested by the Policy owner will and otherwise will be treated the same not the other, the amount at work cause an increase or decrease, as any other amounts of Policy value. earning a return for the Policy owner respectively, in the size of future 11. Unless prohibited in a state by (the ‘‘Policy value’’) is added to the Maximum Bonus Premiums. applicable insurance law, each Policy Policy’s ‘‘face amount’’ of insurance 9. The applicable percentage depends will be credited with an increase in coverage for purposes of computing the on the age of the younger insured at Policy value in the form of a ‘‘Policy death benefit. The Policy owner also issue and the number of years the Policy value bonus’’ paid by Fortis Benefits on may change the face amount from time has been in force. The current each monthly Policy anniversary. The to time, subject to certain restrictions. percentages and durations are as 5. The Policy owner may allocate the Policy value bonus is computed as a follows: Policy value to one or more of the percentage of the unloaned policy value after the ‘‘Monthly Deduction,’’ Subaccounts and/or to the general End of policy year account of Fortis Benefits. Age of younger in- described below. The percentage 6. The Policy may be fully sured at issue 0±6 7 8 9+ depends on the face amount ‘‘band,’’ the surrendered at any time for its death benefit option in effect, the ‘‘surrender value,’’ and, generally after Percentages amount of surrender value, and the the first Policy year, the Policy owner 18±50 ...... 0 2 4 4 length of time the Policy has been in may make a partial withdrawal of 51±60 ...... 0 2 4 7 force as of the date of the bonus. The 61±70 ...... 0 5 7 10 percentages, expressed as annual rates, surrender value once a year. The Policy 71±85 ...... 0 5 5 5 owner also may take out Policy loans are as follows:

ANNUAL RATE OF POLICY VALUE BONUSES AS A PERCENT OF UNLOANED POLICY VALUE 1

Band 1 & 2 Band 3 Band 4 Surrender value on date of monthly bonus Policy Years 20 Policy Years 20 Policy Years 20 years 1±19 and later years 1±19 and later years 1±19 and later

$0±$9,999 ...... 00 .35 .00 .35 .00 .35 $10,000±$49,000 ...... 00 .35 .05 .40 .05 .40 $50,000±$99,000 ...... 05 .40 .10 .45 .10 .45 $100,000 or more ...... 10 .45 .15 .50 .20 .55 1 If the Option B death benefit is in effect under the Policy, .30 percent of the applicable unloaned Policy value is added to the otherwise appli- cable bonus, regardless of the band or Policy year of the Policy, provided that the surrender value on the date of the bonus is at least $10,000. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31195

12. There are four face amount bands of the value of the Policy’s net assets in case of premium tax or sales charges, for the Policies. Policies with a the Fortis Benefits Account. These deducted from premiums, as described minimum face amount of $5,000,000 are deductions will be waived to the extent above). No surrender charge is deducted band 4 Policies; Policies with a that the cumulative amount of all such upon a partial withdrawal of Policy minimum face amount of $1,000,000 but deductions, plus any premium tax or value or a face amount decrease. less than $5,000,000 are band 3 Policies; sales charges that may in the future be 20. The entire surrender charge is Policies with a minimum face amount of deducted from premiums would exceed subject to an overall upper limit or $500,000 but less than $1,000,000 are 11.2 percent (9 percent for sales charges ‘‘cap’’ as set forth in the table below. band 2 Policies and Policies with a and 2.2 percent for premium tax minimum face amount of less than charges) of all premium payments made Overall ``cap'' $500,000 are band 1 Policies. For to date. This maximum may be slightly on surrender charge (per purposes of calculating the Policy value less in any state that limits premium tax Adjusted age at time of pol- thousand dol- bonus percentage, the average face charges to less than 2.2 percent. icy issuance or face amount increase lars of face amount of the Policy from issuance to 17. Fortis Benefits reserves the right to amount or face the point of the bonus payment will be increase the premium tax charge to not amount in- crease) used to determine the Policy band. more than 3 percent, in which the case Policy value bonuses at the foregoing the 11.2 percent maximum for the 18±24 years ...... 1.90 rates are guaranteed, to the extent such monthly and daily deductions would be 25±29 ...... 3.30 guarantees are allowed by the state in increased by a corresponding amount 30±34 ...... 4.50 which the Policy is issued, except that up to a maximum of 12 percent. Fortis 35±39 ...... 6.00 after the 19th Policy year, Fortis Benefits also reserves the right to deduct 40±44 ...... 8.25 Benefits reserves the right, in its sole a premium tax charge or a sales charge 45±49 ...... 10.75 discretion, to reduce the otherwise directly from premium payments. The 50±54 ...... 14.25 applicable bonus by an amount equal to 55±59 ...... 19.00 maximum amount of such deductions 60±64 ...... 25.20 up to .35 percent of the unloaned policy from premium payments will be 7.5 value. All Policy value bonuses will be 65±69 ...... 33.60 percent (a maximum of 2.5 percent for 70±85 ...... 41.00 allocated among the general account premium tax charges and 5 percent for and the subaccounts on a pro-rata basis. sales charges), in which case the 11.2 The ‘‘Adjusted Age’’ referred to in the These amounts will be credited with percent maximum referred to above for foregoing table is the age of the younger investment performance and otherwise monthly and daily deductions would be insured plus 1⁄3 of the lesser of (a) the will be treated the same as any other decreased by at least a corresponding difference in age between the younger amounts of Policy value. amount. and older insured or (b) 20. If both 13. Fortis Benefits has designed 18. A monthly charge for Policy insureds are over age 80, the maximum premium based bonuses and Policy issuance expenses at the rate set out value bonuses and their method of surrender charge is $33 per thousand. below is imposed and deducted as part The overall cap (and each amount of operation so as to address certain state of the Monthly Deduction for the first regulatory concerns. All sales increase therein) decreases at a constant ten Policy years following issuance of rate on the first and each subsequent illustrations used by Fortis Benefits the Policy. specifically will disclose the rates of any Policy anniversary (or anniversary of a premium based bonuses and Policy face amount increase, as the case may Monthly rate be) until it is zero for surrenders and value advances that are assumed by any per $1,000 of lapses as of the tenth Policy anniversary illustrations. Face amount face amount at 14. A premium tax charge in the issue (or face (or increase anniversary). There will be amount in- no surrender charge on surrenders or amount of 2.2 percent of all premium crease) payments is assessed through monthly lapses as of the later of the tenth Policy and daily deductions from Policy value Band 1 ...... 0.10 anniversary or the tenth anniversary of under the Policy. Any portion of such Band 2 ...... 0.08 any face amount increase. amount that is not recovered by Fortis Band 3 ...... 0.05 21. The Monthly Deduction from Benefits pursuant to the monthly and Band 4 ...... 0.03 Policy value includes: (a) the above- daily deductions may be deducted as described monthly premium tax, sales part of the surrender charge. This charge will also be imposed for charges and Policy issue expense 15. A sales charge in the amount of 9 the first ten Policy years following a face deductions; (b) cost of insurance charge; percent of all premium payments is also amount increase. Any uncollected (c) a charge for any optional insurance assessed through the monthly and daily charges are deducted, if at all, only as benefits added by rider; and (d) a deductions from Policy value under the part of the surrender charge, discussed monthly administrative expense charge Policy. Any amount of this sales charge below. Applicants represent that this of $6.00 per Policy. Fortis Benefits that is not recovered by Fortis Benefits charge will not exceed the amount reserves the right to raise the monthly through these monthly and daily permitted by Rule 6e–3(T)(b)(13)(iii)(A). administrative expense charge to not deductions may be deducted as a 19. A surrender charge may be more than $7.50 per month, and to contingent deferred sales charge that assessed on lapse or full surrender of a impose an additional monthly would be assessed as part of the Policy before the tenth Policy administrative expense charge of up to surrender charge. anniversary (or the tenth anniversary of $.13 per thousand dollars of face 16. The monthly deduction under the a face amount increase requested by the amount then in force. Applicants Policy for premium tax and sales Policy owner). The surrender charge represent that the administrative charges totals $4.00 per month equals any portion of the Policy charges under the Policies will not (deducted as part of the ‘‘Monthly issuance expense charge, premium tax exceed the amount permitted by Rule Deduction’’ referred to below), and the charge and the sales charge that has not 6e–3(T)(b)(13)(iii)(A). After the tenth daily deduction for these purposes is at yet been collected through the monthly Policy year, the Monthly Deduction an aggregate annual rate of .35 percent and daily deductions therefor (or, in the under a Policy as to which the no-lapse 31196 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices guarantee is still in effect will also circumstances and recover certain from any one of the first twelve monthly include a charge for that guarantee. amounts of sales charges. payments thereon ‘‘exceeds 22. A daily charge at an annual rate 4. Rule 22c–1 prohibits Applicants proportionately the amount deducted of 1.00 percent of the average daily from redeeming interests under a Policy from any other such payment, or the value of the net assets in the Fortis except at a price based on the current amount deducted from any subsequent Benefits Account that are attributable to net asset value that is next computed payment exceeds proportionately the the Policy is made for mortality and after receipt of the request for full or amount deducted from any other expense risks assumed by Fortis partial redemption of interests under the subsequent payment.’’ Benefits. Policy. 10. Rule 6e–3(T)(b)(13)(ii) provides an 23. Fortis Benefits reserves the right to 5. Rule 6e–3(T)(b)(13) provides an exemption from Section 27(a)(3), deduct: (a) charges to defray its exemption from Section 27(d), and like ‘‘provided that the proportionate administrative expenses in effecting Rule 6e–3(T)(b)(12) provides amount of sales load deducted from any transfers of Policy value or partial exemptions from Sections 22(c) and payment shall not exceed the withdrawals; and (b) charges for any 27(c)(1) and Rule 22c–1 to the extent proportionate amount deducted from federal income taxes that it may incur. necessary for the payment of a flexible any prior payment.’’ Rule 6e– contract’s cash value to be regarded as 3(T)(d)(1)(ii)(A) provides, in pertinent Applicants’ Request for Relief and satisfying the requirements of those part, that, with respect to sales charges Legal Analysis provisions, if specified conditions are deducted other than from premiums 1. Section 6(c) of the 1940 Act, in satisfied. Applicants represent that the (excluding asset-based sales charges), pertinent part, provides that the Policy satisfies all of such conditions. Rule 6e–3(T)(b)(13)(ii) is deemed Commission may, by order upon 6. Applicants assert that contingent satisfied if ‘‘the amount of sales load application, conditionally or deferred sales charges for premium deducted pursuant to any method * ** unconditionally exempt any person, taxes were not contemplated at the time does not exceed the proportionate security or transaction, or any classes the 1940 Act was enacted and are not amount of sales load deducted prior thereto pursuant to the same method.’’ thereof from any provisions of the 1940 specifically contemplated by any of the Rule 6e–3(T)(d)(1)(ii)(B) provides Act or rules thereunder, if and to the rule provisions referenced in the comparable relief for asset-based sales extent that such exemption is necessary preceding paragraph. Accordingly, charges, provided that ‘‘the percentage or appropriate in the public interest and Sections 2(a)(32), 22(c), 27(c)(1) and of assets taken as sales load does not consistent with the protection of 27(d) and Rules 22c–1, 6e–3(T)(b)(12) exceed any of the percentages investors and the purposes fairly and 6e–3(T)(b)(13) may be deemed to be previously taken pursuant to the same intended by the policy and provisions of inconsistent with the deduction of a method.’’ the 1940 Act. contingent deferred charge for premium taxes from the cash proceeds that are, in 11. Applicants request an exemption Exemptive Relief To Permit Deduction effect, required by those provisions to be from these ‘‘stair step’’ requirements of Remaining Premium Taxes in paid to Policy owners under various because of the following three aspects of Surrender Charge circumstances. the Policies. First, part of the $4.00 7. Applicants assert that the method monthly charge deducted pursuant to 2. Applicants request exemptions each Policy is a sales charge. While this from Sections 2(a)(32), 22(c), 27(c)(1) adopted under the Policy for deducting all or part of the charges for premium charge will not change from month-to- and 27(d) of the 1940 Act and Rules 6e– month, it will vary from month-to- 3(T)(b)(12), 6e–3(T)(b)(13) and 22c–1 taxes on a basis other than from premium payments is more favorable to month as a percentage of premiums paid thereunder to the extent necessary to and as a percentage of the Policy value. permit the amount of any premium tax investors because more Policy value is available to earn a return for the Applicants assert that assessing part of charges that have not been previously the sales charge as a flat monthly collected by means of a deduction from investor. Applicants represent that: (a) no premium tax charge will be deduction rather than deducting it from Policy value to be included in the designed to yield a profit; premium payments is beneficial to surrender charge. (b) the total amount charged for Policy owners because: (a) a greater 3. Sections 2(a)(32), 27(c)(1) and 27(d) premium taxes, including any amount amount is available to earn an of the 1940 Act prohibit Applicants of premium tax charge that Fortis investment return; (b) deductions will from selling interests under a Policy Benefits may in the future decide to be more predictable than deducting the unless they are redeemable securities, deduct from premium payments, will be entire sales charge through a daily entitling a Policy owner, upon no greater than if all such charges were percentage charge; and (c) Policy surrender, to receive approximately his taken from premiums when paid; and owners will have an enhanced ability to or her proportionate share of the Fortis (c) the premium tax charges will not plan based on expected amounts of sales Benefits Account’s current net assets. take into account the ‘‘time value’’ of charge deductions. Section 27(c)(1) provides that no issuer money, which would increase the 12. Second, the monthly and/or daily of a periodic payment plan certificate charge to factor in the investment cost sales charge deductions may cease for shall sell such certificate unless the to Fortis Benefits of deferring collection certain periods of time and certificate is a ‘‘redeemable security.’’ of the charge. subsequently be resumed. These charges Section 2(a)(32) defines a ‘‘redeemable are suspended when the maximum security’’ as any security which entitles Exemptive Relief From ‘‘Stair Step’’ amount of such charges, as a percentage the holder, upon its presentation to the Requirements of premium payments, has been issuer, to receive approximately a 8. Applicants also request an reached. Such charges also will cease if proportionate share of the issuer’s exemption from the ‘‘stair step’’ additional deductions would cause sales current net asset value, or the cash requirements of Section 27(a)(3) of the charges to exceed permitted maximums, equivalent thereof. Section 27(d) 1940 Act and Rules 6e–3(T)(b)(13)(ii) as a percentage of premiums actually requires that the holder of a periodic and 6e–3(T)(d)(1)(ii) thereunder. paid. This creates a question regarding payment plan certificate be able to 9. Section 27(a)(3) prohibits the sale compliance with the requirements in surrender the certificate under certain of the Policy if the sales load deducted Rule 6e–3(T)(d)(1)(ii) (A) and (B) that Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31197 the proportionate or percentage amount For the Commission, by the Division of decentralized market place of the of sales charges deducted not exceed the Investment Management, pursuant to Nasdaq National Market. proportionate or percentage amount delegated authority. Over the years, the Company has held previously deducted pursuant to the Margaret H. McFarland, discussions with the staff of the Amex same method. Deputy Secretary. and the specialist dealing with the 13. Applicants assert that, if Section [FR Doc. 96–15509 Filed 6–18–96; 8:45 am] Company’s Security as to the depth of 27(a)(3) and the related provisions of BILLING CODE 8010±01±M trading, volume, block transactions and Rule 6e–3(T) were interpreted to pricing, resulting in ultimately a new prevent the resumption of sales charge specialist being appointed for trading deductions from contract assets once the Issuer Delisting; Notice of Application the Company’s Security. The Board, deduction of such charges has ceased to Withdraw From Listing and after full evaluation, has determined for any reason, the utility of policy Registration (Medicore, Inc., Common that the Nasdaq National Market, a designs that deduct sales charges from Stock, $.01 Par Value); File No. 1±9167 major trading market with very contract assets would be greatly significant national and international June 12, 1996. reduced. Applicants submit that corporations having listed their deducting part of the sales charges from Medicore, Inc. (‘‘Company’’) has filed securities for trading on the Nasdaq Policy value, rather than from premium an application with the Securities and National Market, will provide a more payments, is advantageous to Policy Exchange Commission (‘‘Commission’’), liquid, efficient and broader market for owners because more assets are put to pursuant to Section 12(d) of the the Company’s securities. Further, the work as Policy value with the potential Securities Exchange Act of 1934 (‘‘Act’’) Board, based on discussions with other of earning a return for the Policy and Rule 12d2–2(d) promulgated broker/dealers over the years, is of the owner’s benefit. thereunder, to withdraw the above opinion that the Company will have 14. Third, Rule 6e–3(T)(c)(4) defines specified security (‘‘Security’’) from more broker-dealers involved with it ‘‘sales load’’ for any contract period as listing and registration on the American and its securities, with greater exposure the excess of premium payments over Stock Exchange, Inc. (‘‘Amex’’). in the financial community and such changes in ‘‘cash value’’ (other than The reasons alleged in the application will, to the extent necessary, facilitate from investment performance) and for withdrawing the Security from further capital formation. All of the certain enumerated charges. Applicants listing and registration include the above factors will certainly be beneficial submit that because premium based following: to the Company’s shareholders and bonuses and Policy value bonuses affect According to the Company, its Board investors. the Policy’s cash value in the contract of Directors unanimously approved period during which they are credited, Any interested person may, on or resolutions on May 6, 1996 to withdraw before July 3, 1996 submit by letter to such bonuses could be deemed to result the Security from listing on the Amex in sales charges that vary from one the Secretary of the Securities and and instead, to list the Security on the Exchange Commission, 450 Fifth Street contract period to the next, relative to National Association of Securities the amount of premium payments paid NW., Washington, DC 20549, facts Dealers Automated Quotations National bearing upon whether the application in such periods. The stair step Market System (‘‘Nasdaq/NMS’’). provisions could apply to the extent that has been made in accordance with the The decision of the Board followed a the sales load, as a percentage of rules of the exchanges and what terms, thorough study of the matter and was premium payments made in a contract if any, should be imposed by the based upon the belief that listing the period, were thereby deemed to be more Commission for the protection of Security on the Nasdaq/NMS will be than that in a prior contract period. investors. The Commission, based on more beneficial to the Company’s Applicants submit that the Policy’s the information submitted to it, will stockholders than the present listing on charge structure complies with the spirit issue an order granting the application the Amex because: and apparent purposes of Rule 6e– after the date mentioned above, unless 3(T)(b)(13)(ii) and 6e–3(T)(d)(1)(ii). The Board of Directors has the Commission determines to order a 15. The stair step issues under the determined as per the resolutions dated hearing on the matter. Policies result from the imposition of May 6, 1996 of which this withdrawal For the Commission, by the Division of deferred sales charges in the form of statement is a part, to withdraw its Market Regulation, pursuant to delegated monthly and/or daily deductions and, security from listing on the Amex to authority. in the case of Policies that are provide its Security with what the Jonathan G. Katz, surrendered or lapse before a certain Board believes to be a broader base of Secretary. trading and greater liquidity, all to the time, the surrender charge. The stair [FR Doc. 96–15449 Filed 6–18–96; 8:45 am] benefit of its shareholders and investors. step issues under the Policies do not BILLING CODE 8010±01±M result from early deduction of front-end The Company has had good relations charges. Although sales charges will be with the Amex and its staff, but believes deducted through several different types in its evaluation of its trading market over the years and discussions with [Investment Company Act Rel. No. 22016; of deductions, the rate of these charges 812±10058] will not increase. other investment banking firms, that it is in the best interest of the Company Conclusion Sirrom Capital Corporation; Notice of and its shareholders to withdraw its Application For the reasons summarized above, listing of its Security from the Amex Applicants represent that the and list the Security on the Nasdaq June 13, 1996. exemptions requested are necessary and National Market. It is the opinion of the AGENCY: Securities and Exchange appropriate in the public interest and Board that the Company will be Commission (‘‘SEC’’). consistent with the protection of provided with greater visibility and that ACTION: Notice of Application under the investors and the purposes fairly its Security with a broader base of Investment Company Act of 1940 (the intended by the policy and provisions of trading and more liquidity for ‘‘Act’’). the 1940 Act. shareholders and investors in the 31198 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

APPLICANT: Sirrom Capital Corporation Applicant’s Representations substantially all of its so-called (‘‘Sirrom Capital’’). 1. Sirrom Capital is a closed-end ‘‘investment company taxable income’’ RELEVANT ACT SECTIONS: Applicant management investment company that as defined in section 852 of the Internal requests an order under: Section 6(c) of has elected to be regulated as a business Revenue Code (the ‘‘Code’’). Similarly, the Act for an exemption from sections development company (‘‘BDC’’) under Sirrom Capital intends to continue to 12(d)(1), 18(a), 19(b), 60, and 61(a); the Act. Sirrom Capital also is licensed qualify and elect to be taxed as a sections 6(c) and 17(b) of the Act for an by the Small Business Administration regulated investment company as exemption from section 17(a); section (‘‘SBA’’) as an SBIC under the Small defined by the Code. 4. Sirrom Investments may make 57(c) of the Act for an exemption from Business Investment Act of 1958 (the loans or other advances to Sirrom sections 57(a) (1), (2), and (3); and ‘‘1958 Act’’). Sirrom Capital’s Capital other than on account of sections 17(d) and 57(a)(4) and rule investment objective is long-term capital purchases of Sirrom Investment’s stock. 17d–1 under the Act to permit Sirrom appreciation through venture capital Sirrom Capital and Sirrom Investments Capital and Sirrom Investments, Inc. investments in small privately-owned also might invest in securities of the (‘‘Sirrom Investments’’) to effect certain companies (‘‘Portfolio Companies’’). same issuer, simultaneously or joint transactions. Sirrom Capital has filed a registration sequentially, in the same or different SUMMARY OF APPLICATION: Applicant statement on Form N–2 pursuant to securities of such issuer, and deal with requests an order to permit Sirrom which it will sell up to 2.3 million such investments separately or jointly. Capital to establish and operate a shares of common stock (the ‘‘Public Sirrom Capital or Sirrom Investments wholly-owned subsidiary, Sirrom Offering’’). The net proceeds of the also might purchase all or a portion of Investments, under the terms of a Public Offering will be used to portfolio investments held by the other proposed reorganization in which capitalize Sirrom Capital following the in order to enhance the liquidity of the Sirrom Capital will transfer all of its consummation of the proposed plan of selling company. assets, its small business investment reorganization (the ‘‘Plan’’). 5. Sirrom Capital and Sirrom company (‘‘SBIC’’) license, and 2. Under the Plan, Sirrom Capital Investments propose to issue and sell to liabilities, to Sirrom Investments in intends to transfer all of its assets banks, insurance companies, and other exchange for all of the common stock of (except the net proceeds of the Public financial institutions their secured or Sirrom Investments. Offering), its SBIC license, and its unsecured promissory notes, or other liabilities to a newly-formed and FILING DATES: The application was filed evidences of indebtedness in wholly-owned subsidiary, Sirrom consideration of any loan, or any on March 2, 1996 and amended on June Investments. In exchange, Sirrom 4, 1996. extension or renewal thereof made by Investments will issue to Sirrom Capital private arrangement. Sirrom Capital also HEARING OR NOTIFICATION OF HEARING: An all of its outstanding capital stock. After intends to guarantee any borrowings by order granting the application will be the transfer of assets and liabilities, Sirrom Investments and vice versa. issued unless the SEC orders a hearing. Sirrom Investments will register under Sirrom Investments proposes to obtain Interested persons may request a the Act as an SBIC and will conduct the financing that the SBA permits for hearing by writing to the SEC’s SBIC activities previously conducted by SBICs. Sirrom Investments also intends Secretary and serving applicant with a Sirrom Capital. Sirrom Investments to borrow from Sirrom Capital and vice copy of the request, personally or by would operate as a registered closed-end versa. mail. Hearing requests should be investment company and an SBIC. received by the SEC by 5:30 p.m. on July Sirrom Capital will continue to operate Applicant’s Legal Analysis 8, 1996, and should be accompanied by as a BDC. Applicants chose a two-tier 1. Applicant requests an order under: proof of service on applicant, in the structure so that Sirrom Capital could Section 6(c) of the Act for an exemption form of an affidavit or, for lawyers, a engage in venture capital transactions from sections 12(d)(1), 18(a), 19(b), 60, certificate of service. Hearing requests and other investment opportunities in and 61(a); sections 6(c) and 17(b) of the should state the nature of the writer’s which SBICs cannot participate. In Act for an exemption from section 17(a); interest, the reason for the request, and addition, Sirrom Investments will have section 57(c) of the Act for an the issues contested. Persons who wish the same fundamental investment exemption from sections 57(a) (1), (2), to be notified of the date of a hearing policies as Sirrom Capital. and (3); and sections 17(d) and 57(a)(4) may request notification by writing to 3. Sirrom Capital may make and rule 17d–1 under the Act to permit the SEC’s Secretary. additional investments in Sirrom Sirrom Capital and Sirrom Investments ADDRESSES: Secretary, SEC, 450 Fifth Investments either as contributions to to effect certain joint transactions. Street, NW., Washington, DC 20549. capital, purchases of additional stock, or 2. Section 12(d)(1)(A) of the Act Applicant, Sirrom Capital Corporation, loans. Sirrom Investments will not provides that no registered investment 500 Church Street, Suite 200, Nashville, purchase or otherwise acquire any of the company may acquire securities of Tennessee 37219. capital stock of Sirrom Capital. Sirrom another investment company if such Investments will pay dividends and securities represent more than 3 percent FOR FURTHER INFORMATION CONTACT: make other distributions to Sirrom of the acquired company’s outstanding Marianne H. Khawly, Staff Attorney, at Capital with respect to its investments voting stock, more than 5 percent of the (202) 942–0562, or Alison E. Baur, in Sirrom Investments’ stock, including acquiring company’s total assets, or if Branch Chief, at (202) 942–0564 capital gains dividends subject in each such securities, together with the (Division of Investment Management, case to the requirements of the 1958 Act securities of any other acquired Office of Investment Company and regulations thereunder. Sirrom investment companies, represent more Regulation). Capital intends to cause Sirrom than 10 percent of the acquiring SUPPLEMENTARY INFORMATION: The Investments to qualify and elect to be company’s total assets. Section following is a summary of the taxed as a regulated investment 12(d)(1)(C) also provides that no application. The complete application company. Accordingly, Sirrom registered company may purchase or may be obtained for a fee at the SEC’s Investments will be required to pay out otherwise acquire any security issued by Public Reference Branch. as dividends to Sirrom Capital a registered closed-end investment Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31199 company, if immediately after such coverage requirements of section 18 on person 5% or more of whose purchase or acquisition the acquiring a consolidated basis because it may be outstanding voting securities are company owns more than 10 percent of an indirect issuer of senior securities directly or indirectly owned, controlled the total outstanding voting stock of with respect to Sirrom Investments’ or held with power to vote, by such such closed-end company. Section 60 of indebtedness. other person. Thus, Sirrom Capital is an the Act states that section 12 shall apply 6. Section 19(b) of the Act prohibits affiliated person of Sirrom Investments to a BDC to the same extent as if it were any registered investment company and vice versa because Sirrom Capital a registered closed-end investment from distributing long-term capital owns 100% of Sirrom Investments’ company. Rule 60a–1 exempts a BDC’s gains, as defined in the Code, more voting securities. In addition, Portfolio acquisition of the securities of a wholly- often than once every twelve months. Companies of Sirrom Investments may owned SBIC from sections 12(d)(1) (A) Sirrom Investment proposes to pay also be affiliated persons of Sirrom and (C). Thus, the transfer of assets from dividends and make other distributions Capital and Sirrom Investments by Sirrom Capital to Sirrom Investments is to Sirrom Capital on a regular basis that reason of ownership of 5% or more of exempt from these provisions. may include distribution of long-term such Portfolio Company’s voting 3. Section 12(d)(1), however, also capital gains within the meaning of securities. According, any exchange of applies to the activities of Sirrom section 19(b) of the Act. Applicant securities between Sirrom Capital and Investments, and loans made by Sirrom believes that permitting such Sirrom Investments, and between either Capital to Sirrom Investments may distributions more often than once a or both of them and their Portfolio violate section 12(d)(1) if such loans year will allow Sirrom Capital to Companies, could constitute an were considered purchases by Sirrom manage more efficiently its internal cash affiliated transaction prohibited by Investments of the securities of Sirrom flow and would result in administrative sections 17(a) and 57(a) of the Act. Capital. Similarly, loans made by savings. 9. Section 17(b) authorizes the SEC to Sirrom Investments to Sirrom Capital 7. Section 6(c) of the Act provides that exempt a proposed transaction from may violate section 12(d)(1) if such the SEC may exempt persons or section 17(a) if evidence establishes that loans were considered purchases by transactions from any provision of the the terms of the transaction, including Sirrom Capital of the securities of Act if such exemption is necessary or the consideration to be paid or received, Sirrom Investments. Accordingly, appropriate in the public interest and are reasonable and fair and do not applicant requests an exemption from consistent with the protection of involve overreaching on the part of any section 12(d)(1) to permit Sirrom investors and the purposes fairly person concerned, the transaction is Investments’ acquisition of those intended by the policy and provisions of consistent with the policies of the securities representing indebtedness of the Act. Applicant states that the registered investment company, and the Sirrom Capital. operation of Sirrom Capital as a BDC general purposes of the Act. Section 4. Section 18(a) of the Investment with a wholly-owned SBIC subsidiary is 57(c) authorizes the SEC to exempt a Company Act prohibits a registered intended to permit Sirrom Capital to proposed transaction from sections 57(a) closed-end investment company from expand the scope of its operations (1), (2), and (3) if it finds that the issuing any class of senior security beyond that which would be permitted participation of the BDC meets the unless the company complies with the to it as an SBIC. Applicant further states criteria set forth for registered asset coverage requirements set forth in that the requested exemptions would investment companies in section 17(b). that section. ‘‘Asset coverage’’ is defined permit Sirrom Capital and Sirrom Section 57(i) of the Act provides, among in section 18(h) to mean the ratio which Investments to operate effectively as one other things, that the rules and the value of the total assets of an issuer, company even though they will be regulations under section 17(a) less all liabilities not represented by divided into two legal entities. applicable to registered closed-end senior securities, bears to the aggregate Accordingly applicant believes that the investment companies shall apply to amount of senior securities of such requested exemptions from sections transactions subject to section 57(a) in issuer. Section 18(k) provides an 12(d)(1), 18(a), 19(b), 60(a), and 61(a) the absence of rules under sections exemption from the asset coverage meet the section 6(c) standards. 57(a). No rules with respect to affiliated provisions of section 18(a) for SBICs. 8. Section 17(a) of the Act generally transactions have been adopted under Section 61 makes section 18, with prohibits an affiliated person of a section 57(a). certain modifications, applicable to a registered investment company to sell 10. Rule 57b–1, however, exempts BDC. any security or other property to such from section 57(a) transactions between 5. As it is organized currently, Sirrom registered investment company, to BDCs and specific downstream Capital is entitled to the section 18(k) purchase from such registered affiliates. Thus, applicants assert that if exclusion for its SBA-guaranteed debt. investment company any security or Sirrom Capital were to continue to Following the proposed reorganization, other property, or to borrow money or operate as one BDC, transactions with Sirrom Investments, as an SBIC, would other property from such registered portfolio affiliates would be permissible be entitled to the section 18(k) exclusion investment company. Sections 57(a) (1), without Commission approval by virtue and thus would not need any asset (2), and (3) generally prohibit any of Rule 57b–1 under the Act. Similarly, coverage for its SBA-guaranteed person related to a business certain transactions between registered debentures. However, Sirrom Capital, development company from engaging in investment companies and their since it would no longer be an SBIC, the transactions described in section downstream affiliates are exempt from would be subject to the asset coverage 17(a). Section 2(a)(3)(A) defines the prohibitions of section 17(a) of the requirements of section 18(a), as ‘‘affiliated person’’ of another person as, Act by virtue of rule 17a–6. Applicant modified by section 61(a), without the among other things, any person directly believes that Sirrom Investments should benefit of the section 18(k) exclusion or indirectly owning, controlling, or be permitted to invest in downstream with respect to senior securities it holding with power to vote, 5% or more affiliates of Sirrom Capital and vice issued directly as well as those issued of the outstanding voting securities of versa to the extent permitted under the by Sirrom Investments. Thus, absent the such other person. Section 2(a)(3)(B) Act as if they were a single company. requested relief, Sirrom Capital may be defines ‘‘affiliated person’’ of another Thus, applicant believes that the required to comply with the asset person as, among other things, any requested exemption from section 17(a) 31200 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices meets the standards of sections 6(c) and Capital’s Form N–2 (Reg. No. 33–95394). each selected to become a BDC pursuant 17(b) and the requested exemption from Sirrom Capital will not cause or permit to section 54 of the Act. (except that, in sections 57(a) (1), (2), and (3) meets the Sirrom Investments to change any of its determining whether Sirrom Capital and standards of section 57(c). fundamental investment policies, or Sirrom Investments, on a consolidated 11. Section 17(d) of the Act prohibits take any other action referred to in basis, have the asset coverage required an affiliated person of a registered section 13(a) of the Act, unless such by section 18(a), any borrowings by investment company, acting as action shall have been authorized by Sirrom Investments pursuant to section principal, from effecting any transaction Sirrom Capital after approval of such 18(k) of the Act shall not be considered in which such investment company is a action by a vote of a majority, as defined senior securities and, for purposes of the joint, or joint and several, participant in the Act, of outstanding voting definition of asset coverage in section with such person unless the SEC has securities of Sirrom Capital. 18(h), shall be treated as indebtedness issued an order approving the 3. No person shall serve or act as not represented by senior securities); arrangement. Rule 17d–1 states that the investment adviser to Sirrom and (b) in addition, (i) Sirrom Commission will consider whether the Investments under circumstances Investments may obtain financing on participation of such registered subject to section 15 of the Act, unless such basis and in such amount as the investment company in such joint the directors and shareholders of Sirrom SBA may from time to time permit for arrangement, on the basis proposed, is Capital shall have taken the action with SBICs, (ii) Sirrom Investments may consistent with the provisions, policies, respect thereto also required to be taken borrow from Sirrom Capital and Sirrom and purposes of the Act and the extent by the directors and shareholders of Capital may borrow from Sirrom to which such participation is different Sirrom Investments. Investments, and (iii) Sirrom from or less advantageous than that of 4. No person shall serve as director of Investments may guarantee any other participants. Section 57(a)(4) of Sirrom Investments who shall not have borrowings of Sirrom Capital, to the the Act applies identical standards to been elected as a director of Sirrom extent permitted by the SBA. None of BDCs. Since Sirrom Capital and Sirrom Capital at its most recent annual the borrowings or other arrangements Investments would be affiliated persons, meeting, as contemplated by section set forth in clause (b) above shall be investments by Sirrom Capital in the 16(a) of the Act and subject to the deemed senior securities for purposes of Portfolio Companies of Sirrom provisions thereof relating to the filling any order issued pursuant to this Investments and investments by Sirrom of vacancies. Notwithstanding the application.1 Investments in the Portfolio Companies foregoing, the board of directors of 6. Sirrom Capital will file with the of Sirrom Capital may be prohibited by Sirrom Investments will be elected by Commission financial statements sections 17(d), 57(a)(4) and rule 17d–1. Sirrom Capital as the sole shareholder of required by the federal securities laws Sirrom Investments, and such boards 12. If Sirrom Capital and Sirrom on a consolidated basis as to Sirrom will be composed of the same persons Investments were operating as one Capital and Sirrom Investments, and on registered investment company, rule that serve as directors of Sirrom Capital. 5. Sirrom Capital will not itself issue, an unconsolidated basis with respect to 17d–1(d)(5) would exempt transactions Sirrom Investments. Sirrom Capital will between them and their downstream and Sirrom Capital will not cause or permit Sirrom Investments to issue, any provide to its shareholders financial affiliates from section 17(d). If they were statements on a consolidated basis as to operating as one BDC, such transactions senior security or sell any senior security of which Sirrom Capital or Sirrom Capital and Sirrom Investments, would be exempted from section except when unconsolidated financial 57(a)(4) by rule 57b–1. Thus, applicant Sirrom Investments is the issuer except as hereinafter set forth: (a) Sirrom statements are required under generally believes that Sirrom Capital and Sirrom accepted accounting principles. Investments should be permitted to Capital and Sirrom Investments may invest in Portfolio Companies in which issue and sell to banks, insurance For the SEC, by the Division of Investment the other is or proposed to be an companies, and other financial Management, under delegated authority. investor to the extent that such institutions their secured or unsecured Margaret H. McFarland, transaction would not be prohibited if promissory notes or other evidences of Deputy Secretary. Sirrom Investments were deemed to be indebtedness in consideration of any [FR Doc. 96–15578 Filed 6–18–96; 8:45 am] part of Sirrom Capital and not a separate loan, or any extension or renewal BILLING CODE 8010±01±M company. Thus applicant believes that thereof made by private arrangement, requested relief under section 17(d) and provided the following conditions are 57(a)(4) and rule 17d–1 under the Act is met: (1) such notes or evidences of [Investment Company Act Release No. 22015; 811±6065] consistent with the provisions, policies, indebtedness are not intended to be publicly distributed, (ii) such notes or and purposes of the Act and the Templeton Global Utilities, Inc.; Notice evidence of indebtedness are not participation of Sirrom Capital and of Application Sirrom Investments is not different from convertible into, exchangeable for, or or less advantageous than that of other accompanied by any options to acquire June 13, 1996. participants. any equity security (except that, with AGENCY: Securities and Exchange respect to Sirrom Capital, the Commission (‘‘SEC’’). Applicant’s Conditions restrictions in this clause (ii) shall not ACTION: Notice of Application for be applicable except to the extent that Applicant agrees that the order Deregistration under the Investment they are applicable generally to BDCs), granting the requested relief shall be Company Act of 1940 (the ‘‘Act’’). subject to the following conditions: and (iii) immediately after the issuance 1. Sirrom Capital at all times will own or sale of any such notes or evidences APPLICANT: Templeton Global Utilities, and hold, beneficially and of record, all of indebtedness, Sirrom Capital and Inc. Sirrom Investments on a consolidated of the outstanding voting capital stock RELEVANT ACT SECTION: Section 8(f). of Sirrom Investments. basis, and Sirrom Capital individually, 2. Sirrom Investments will have the shall have the asset coverage that would 1 Sirrom Investments will only issue such senior same fundamental investment policies be required by section 18(a) if Sirrom securities as are exempt from section 18(a) under as Sirrom Capital, as set forth in Sirrom Capital and Sirrom Investments had section 18(k) of the Act. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31201

SUMMARY OF APPLICATION: Applicant shareholders would not be diluted as a [Release No. 34±37309; International Series requests an order declaring that it has result of the reorganization.1 Release No. 993; File No. 600±29] ceased to be an investment company. 3. On December 19, 1995, applicant Self-Regulatory Organizations; Cedel FILING DATES: The application was filed filed proxy materials with the SEC. On Bank; Notice of Filing of Application on May 10, 1996. or about January 19, 1996, proxy for Exemption From Registration as a HEARING OR NOTIFICATION OF HEARING: An materials were sent to shareholders. At Clearing Agency order granting the application will be a meeting held on February 20, 1996, issued unless the SEC orders a hearing. the reorganization was apporved by June 12, 1996. Interested persons may request a applicant’s shareholders. I. Introduction hearing by writing to the SEC’s Secretary and serving applicant with a 4. On March 29, 1996, Franklin Global On August 31, 1995, Cedel Bank, copy of the request, personally or by acquired all or substantially all of the socie´te´ anonyme, Luxembourg mail. Hearing requests should be assets of applicant in exchange in Class (‘‘Cedel’’)1 filed with the Securities and received by the SEC by 5:30 p.m. on July I shares of Franklin Global and the Exchange Commission (‘‘Commission’’) 8, 1996, and should be accompanied by assumption by Franklin Global of an application on Form CA–12 for proof of service on the applicant, in the certain identifiable liabilities of exemption from registration as a form of an affidavit or, for lawyers, a applicant. The number of full and clearing agency pursuant to Section 17A certificate of service. Hearing requests fractional shares of Franklin Global that of the Securities Exchange Act of 1934 should state the nature of the writer’s was issued to applicant’s shareholders (‘‘Exchange Act’’)3 and Rule 17Ab2–1 interest, the reason for the request, and was determined on the basis of the thereunder.4 Cedel’s application the issues contested. Persons may relative net asset values per share and includes procedures and guidelines for request notification of a hearing by the aggregate net assets of Franklin its proposed offering of clearance, writing to the SEC’s Secretary. Global and applicant as of the close of settlement, and credit support services ADDRESSES: Secretary, SEC, 450 Fifth business on the New York Stock for transactions in U.S. securities 5 Street, N.W., Washington, D.C. 20549. Exchange on that date. conducted by U.S. entities. The Applicant, 700 Central Avenue, St. Commission is publishing this notice to Petersburg, Florida 33701. 5. Expenses incurred in connection solicit comments from interested FOR FURTHER INFORMATION CONTACT: with the reorganization were persons. Diana L. Titus, Paralegal Specialist, at approximately $72,537. Applicant, its II. Description of Cedel Operations (202) 942–0584, or Alison E. Baur, adviser, Templeton Global Advisors Branch Chief, at (202) 942–0564 Limited, Franklin Global, and its A. Clearance and Settlement (Division of Investment Management, adviser, Franklin Advisors, Inc. shared Cedel currently offers to its customers Office of Investment Company these expenses equally. No brokerage international clearance and settlement Regulation). commissions were paid to transfer of securities transactions in primary and SUPPLEMENTARY INFORMATION: ownership of portfolio securities by The secondary markets, trade confirmation, applicant to Franklin Global. following is a summary of the securities custody, and securities application. The complete application 6. Applicant has no remaining assets, lending services. The securities that may be obtained for a fee from the SEC’s debts, or liabilities, and has no Cedel clears are fixed income bonds Public Reference Branch. securityholders. such as Eurobonds, domestic and Applicant’s Representations 7. Applicant is not a party to any convertible bonds, money market litigation or administrative proceeding. instruments, short and medium term 1. Applicant is a closed-end notes, equities, and warrants. diversified management investment Applicant is not now engaged, and does not propose to engage, in any business company organized as a Maryland 1 activities other than those necessary for Cedel Bank is a wholly-owned subsidiary of corporation. On March 27, 1990, Cedel International. On January 1, 1995, Cedel, applicant registered under the Act and the winding up of its affairs. which was established in 1970, was converted into filed a registration statement on Form 8. Applicant intends to file a Cedel Bank to perform lending, clearing, and N–2 pursuant to section 8(b) of the Act certificate of dissolution in accordance settlement activities, and a parent company, Cedel and under the Securities Act of 1933 to with Maryland laws. International, was created into which Cedel register shares of applicant’s common transferred the nonbanking subsidiaries. Cedel Bank is licensed in Luxembourg both as a bank and as stock. The registration statement was For the SEC, by the Division of Investment Management, under delegated authority. a ‘‘professı´onnel du secteur financier’’ (‘‘PSF’’) and declared effective on May 23, 1990 and is under the supervision of the Institut Monetaire the initial public offering of applicant’s Margaret H. McFarland, Luxembourgeois (‘‘IML’’), Luxembourg’s banking shares commenced on that date. Deputy Secretary. and securities regulatory authority. Cedel 2. On December 5, 1995, applicant’s [FR Doc. 96–15577 Filed 6–18–96; 8:45 am] International is licensed as a non-bank PSF and also is under the supervision of the IML. The IML Board of Directors approved a plan of BILLING CODE 8010±01±M reorganization providing for a transfer of establishes capital and liquidity requirements, all or substantially all of applicant’s evaluates the financial condition and performance of all Luxembourg financial institutions, conducts assets in exchange for Class I shares of on-site inspections, and monitors all financial Franklin Global Utilities Fund institutions and their controlling companies for (‘‘Franklin Global’’), a series of Franklin adherence to Luxembourg laws and regulations. On Strategic Series. In accordance with rule 1 Although purchases and sales between affiliated April 24, 1996, the Federal Reserve Board granted 17a–8 under the Act, which governs persons generally are prohibited by section 17(a) of Cedel’s request to establish a representative office mergers of certain affiliated investment the Act, rule 17a–8 provides an exemption for in New York. certain purchases and sales among investment 2 Copies of the application for exemption are companies, the board determined that companies that are affiliated persons of each other the reorganization was in the best available for inspection and copying at the solely by reason of having a common investment Commission’s Public Reference Room. interests of applicant and that the adviser, common directors, and/or common 3 15 U.S.C. § 78q–1. interests of applicant’s existing officers. 4 17 CFR 240.17Ab2–1. 5 The services will cover all types of U.S. equity, debt, and government securities. 31202 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

From its inception, Cedel has most recent bridge agreement Transactions for settlement on a given provided delivery-versus-payment established between Cedel and day are matched at Cedal and are settled (‘‘DVP’’) settlement for securities Euroclear which was implemented in if the delivering party has transactions.6 DVP settlement is made September 1993.11 The new bridge unencumbered securities sufficient to possible by the legal environment for agreement facilitates the two-way make delivery 13 and the receiving party securities custody and transfer in exchange of counterparty data, enabling has sufficient cash and credit facilities Luxembourg.7 Cedel is not a party to the both Cedel and Euroclear to settle to pay for the securities.14 If either securities transactions in its clearance overnight and to provide early morning condition is not met, the transaction and settlement system. position statements. Under the new will fail. If securities are delivered Liquidity facilities are negotiated with bridge, with multiple overnight against uncollected or borrowed funds, financial institutions to permit Cedel to processing, Cedel’s customers can settle a collateral interest is taken in the extend financing to customers to meet trades with Euroclear participants for receiving participant’s securities their settlement requirements in local same day value. Multiple overnight holding within the system to secure the currencies. To enable it to extend such processing also allows ‘‘chaining’’ of creditor. Because Cedal is not a party to financing, Cedel maintains a US$1 securities transactions in and between the securities transactions in its billion committed revolving credit Cedel and Euroclear.12 clearance and settlement system, Cedal facility with a syndicate of major banks Each settlement within the overnight believes its operations are essentially and a US$500 million commercial paper and daytime processing systems is devoid of settlement risk to Cedel and facility. Cedel also has a US$1.8 billion distinguished by whether it is an therefore does not rely on a clearing letter of credit guaranteeing ‘‘internal’’ or ‘‘external’’ settlement at fund or the resources of its customers. transmissions across the bridge Cedel. An internal settlement is the The relationship between Cedel and established between Cedel and the settlement of a transaction between two each of its customers is governed by the Euroclear System (‘‘Euroclear’’).8 Cedel Cedel customers where the securities General Terms and Conditions also has approximately US$8 billion of being transferred are maintained by agreement (‘‘Customer Agreement’’) and uncommitted lines of credit available.9 book-entry at Cedel. These services are the Cedel Customer Handbook Cedel’s presettlement trade matching performed at Cedel without notifying or (‘‘Customer Handbook’’). Cedel must service, which has been available since instructing its securities depositories. notify the customer in writing of any 1987, consists of a trade comparison Funds transfers necessary to settle amendment to the Customer Agreement system that allows customers in both transactions may be made to or from an and the effective date of the Cedel and Euroclear to compare their account maintained at Cedel or to or amendment. Customers have the trade data. Income trade data is from one of its correspondent banks. opportunity to object to the amendment compared in one of four daily matching Because transfers of securities accepted in writing within ten business days of runs. Information on the status of a at both Euroclear and Cedel may be receipt of the notice of amendment. If a transaction is made available to the settled and cleared through the bridge, customer does not object in such a counterparties ninety minutes after Cedel treats settlements between manner, it is deemed to have accepted processing of the trade data for each customers of Cedel and Euroclear the amendment. Similarly, customers matching run. involving such securities as internal. An also are notified of changes to Cedal’s Cedel operates two securities external settlement is the settlement of Customer Handbook ten days prior to processing systems, overnight a transaction where one of the the effective date of such changes.15 settlement processing and daytime counterparties to a transaction is not a Any objection to a change must be in settlement processing.10 Overnight Cedel customer or where a Cedel writing within ten business days of the processing is possible because of the customer is transferring securities that receipt of notice and must be brought to are not maintained by book-entry at the attention of the Cedal User Group or 6 In 1994, Cedel settled over US$7 trillion worth Cedel. customer support personnel. Cedel also has developed links to of securities at an average rate of US$30 billion each B. Global Credit Support Service business day for over 2,900 customers. At that time, accommodate customer settlements of over 60,000 instruments were eligible for settlement domestic government and corporate One of the primary reasons for Cedal’s in the Cedel system. request for exemption from registration 7 securities. These links are accounts with The Luxembourg legal framework provides for as a clearing agency is its proposed the finality of settlements on Cedel’s books and the domestic clearing agencies or bank fungibility of securities deposited with Cedel. custodians which have access to implementation of a Global Credit 8 Similar to Cedel, Euroclear provides clearance domestic settlement system. Support Service (‘‘GCSS’’).16 GCSS is a and settlement services for internationally traded book-entry, real-time collateral debt and equity securities. Euroclear is operated 11 The electronic bridge enables trades to be management service for cross-border under contract with the Euroclear Clearance processed on a book-entry basis between Cedel and System, socie´te´ coope´rative (‘‘Euroclear securities collatealization. GCSS is Euroclear rather than by the physical delivery of intended to enable GCSS customers to Cooperative’’), by Morgan Guaranty Trust Company securities. Under the terms of the original bridge of New York through the Euroclear Operations agreement, Euroclear was able to clear trades reduce the credit risk associated with Centre in Brussels. The Euroclear Cooperative is a overnight, having received the necessary data on their financial exposure to conterparties Belgian cooperative corporation whose participants counterparties from Cedel, while Cedel had to settle by offering an efficient and safe means include international banks, brokers, and other the following day after receiving counterparty data of monitoring exposures and by securities professionals. See infra note 11 and from Euroclear’s overnight processing run. This accompanying text. created a backlog of settlements for Cedel and a 9 In each of the thirty countries where Cedel has time-lag between initiation of the delivery of 13 The securities may be owned outright or established a settlement link to provide its securities and payment for them. borrowed. customers with foreign currency settlement 12 Cedel’s chaining system allows securities to be 14 Acceptable cash and credit facilities for a capabilities, Cedel can access uncommitted lines of bought and sold many times during the day. Cedel’s customer include cash in its account, pre-advices of credit with domestic lenders to facilitate foreign chaining program scans open transactions until all funds to be received that day, and any currency settlement for its customers. cash and securities resulting from same day predetermined borrowing capacity. 10 Daytime and overnight settlement processing settlements are reemployed to settle further 15 Changes to the Cedel Customer Handbook are are the same except that securities lending and transactions for same day value. Therefore, for back- customarily motivated by evolving market practice borrowing services are not available to customers to-back transfers for equivalent funds, customers and procedure. on an automatic basis in overnight settlement may not need to pay because proceeds from sales 16 Cedel currently is running pilot tests on GCSS processing. are used to settle purchases. with a limited number of institutions. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31203 providing credit support for GCSS cycles they will use. The cycle will keep records of the original and all customers using a variety of bilateral provide assessments of existing credit subsequent transferrers and transferees credit support legal arrangements. GCSS support and required additional assets of the asset. Where on-transfers are functions will include the standard which counterparties may satisfy in the permitted, a position may be subdivided functions of an agent, such as exposure next cycle or at the latest in the same and on-transferred to multiple recording, asset valuation and cycle on the next day. GCSS customers counterparties. movement, safekeeping, and reporting. will inform GCSS of the level of GCSS will interpose itself as an exposure from their net counterparty C. Securities Lending and Borrowing operational agent but will not assume positions to be covered by GCSS. This Services any principal or decision-making role in exposure level will be the basis on Cedel also proposes to provide its which GCSS will compute credit the event of disputes between parties. securities lending and borrowing service support requirements for the period. The GCSS Fiduciary Agreement is the to U.S. entities. Under Cedel’s lending basic governing document for Based on the size of the net exposure and borrowing service, all customers are participation in GCSS. Each and the terms of the bilateral agreement required to act as principal and Cedel’s counterparty will be required to have a between two GCSS customers, GCSS role is to effect the transfers for the GCSS Fiduciary Agreement with Cedal will move free of payment securities lending or borrowing transactions by in order to participate in GCSS. Between and/or cash between the parties’ book-entry movement in the Cedel the GCSS customer transferring assets as accounts. system and to monitor the associated collateral and Cedal, the GCSS GCSS will report to each GCSS collateral. Customers elect to participate Fiduciary Agreement will operate as a customer their available positions (i.e., as either ‘‘automatic’’ or ‘‘case by case’’ transfer of ownership of securities to the customer’s own securities and cash lenders or borrowers. As either an Cedal upon delivery to GCSS. it has in system that are not in use), the Each GCSS customer will establish amounts delivered out, the amounts automatic lender or automatic borrower, the parameters of their bilateral received, the amounts ‘‘on- a customer authorizes Cedel to lend or arrangements, which will be captured transferred,’’ 18 new credit support borrow securities upon the by GCSS. A pair of GCSS customers amounts expected in from identification of an excess of securities generally will have one agreement counterparties, and new credit support in a lender’s account or an insufficiency although GCSS can provide for multiple amounts required. in a borrower’s account. Automatic agreements. Each agreement will define GCSS may notify a GCSS customer of borrowings only may occur when there such things as the eligible collateral, the need to bring more assets into the is an adequate volume of eligible haircuts, rehypothecation authorization, system to meet a shortfall in the value securities available from a lender frequency of exposure entry and of credit support assets at GCSS. GCSS participating in the program and the securities valuation, and minimum customers will be able to move assets to borrower is eligible to borrow under the transfer amounts. Eligible collateral can their GCSS account in several ways: by terms of the program. Case by case be selected from any of the securities or transferring eligible assets from a borrowings are handled by Cedel in currencies accepted by Cedel. GCSS clearing and settlement account in chronological sequence of receipt of customers also may establish Cedel during the next available Cedel instructions. As a case by case lender or counterparty-specific eligibility tables to processing cycle, by providing GCSS as a case by case borrower, a customer either restrict or broaden their eligibility with a power of attorney to transfer is required to authorize each loan or criteria and/or haircuts in their dealings assets from its clearing and settlement borrowing. Cedel effects loans and with specific counterparties. account at Cedel to its GCSS omnibus borrowings for automatic lenders and GCSS customers also will be able to account at Cedel, by entering into a automatic borrowers before it effects establish a preference table to rank in securities borrowing arrangement loans and borrowings for case by case order which assets they would prefer to within a Cedel clearing and settlement lenders and case by case borrowers. deliver when a delivery is necessary and account to obtain a loan of the required Under this service, a syndicate of which assets they would prefer to securities, or by moving eligible banks guarantees borrower performance receive in a return situation. For each securities over a cross-border link into and each borrower is required to post bilateral agreement, GCSS customers Cedel. and maintain collateral sufficient to One of the more important services also will be able to enter the number of secure the guarantee obligation of the offered by GCSS allows customers to days within which any credit support guarantor syndicate. The collateral, reuse the securities held as credit shortfall must be covered by a which can be qualifying securities or support. As GCSS customers do not counterparty. cash, is blocked in the borrower’s have identical bilateral eligibility All cash and securities in GCSS will account by Cedel for the benefit of the be held in an omnibus account within criteria, haircuts, and preference tables, there is an opportunity for GCSS to guarantors. Cedel monitors the collateral the Cedel core clearance and settlement daily to ensure that the collateral value system. Transfers into and out of GCSS facilitate the most efficient use of available customer assets. of the securities or cash is at all times will be made by book-entry transfer of greater than or equal to the market value securities from a GCSS customer’s For those GCSS customers permitted by their counterparties to reuse assets, of the securities loaned plus an account or from a GCSS customer’s additional percentage of the market correspondent account at Cedel to GCSS will enable ‘‘on-transfer’’ of 17 securities. GCSS will track and value value. Borrowers are required to deposit GCSS’s omnibus account at Cedel. sufficient additional collateral as GCSS will operate two main daily assets subjected to on-transfers and will appropriate, and Cedel is authorized to processing cycles to provide credit 18 debit accounts of the borrower to the support and generate reports. GCSS GCSS customers will indicate in their GCSS agreement whether they will permit counterparties extent required to maintain the required customers will select which of the two to reuse assets. If so permitted, counterparties may collateral coverage. Borrowers are then transfer within GCSS the securities they have 17 There is no requirement that a GCSS customer received as credit support (‘‘on-transfer’’) or take expressly permitted to substitute have an account at Cedel in order to utilize the the securities outside of GCSS and enter into equivalent collateral for any collateral services provided by GCSS. repurchase or reverse repurchase agreements. previously delivered. 31204 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

D. Credit Facilities bears no credit exposure with regard to B. International Enforceability Cedel provides four main types of TFAs. As a Luxembourg-based bank which credit facilities to its customers: pre- In addition to pre-advices, TOFs and conducts its activities pursuant to advices, technical overdraft facilities, TFAs, Cedel customers may be able to Luxembourg law and serves tripartite financing arrangements, and use their unconfirmed funds facility international markets world-wide, Cedel unconfirmed funds facilities. Customers (‘‘UFF’’) to finance settlements. Use of a believes it is not and cannot become a can obtain short term credit through the customer’s UFF is allowed only at self-regulatory organization as required use of pre-advices. Under this service, a Cedel’s discretion. If a customer’s TOF for a registered clearing agency under customer will notify Cedel that funds or TFA is insufficient to settle all Section 17A of the Exchange Act. Any will be credited to its account on that securities transactions on its account in rules promulgated by Cedel would have day or the next day. Cedel will credit a given settlement processing, Cedel only questionable application in the funds to the customer’s account on the may permit the customer to use its UFF home markets of Cedel’s international basis of this pre-advice. A customer for settlement purposes. A customer’s customers outside the United States. must be previously approved to receive UFF limit is dependent to a large extent However, Cedel believes that the such an advance of funds with approval upon the financial standing of the objectives of Section 17A are fulfilled by based on the customer’s paid-in capital. institution. The UFF also must be Cedel’s existing structure and Cedel also establishes a maximum pre- operations. Cedel also believes that the advice line of credit based on the collateralized. By blocking collateral against unconfirmed funds, Cedel is contractual relationships currently customer’s paid-in capital and other existing between Cedel and its factors that Cedel deems relevant. covering the contingent risk that anticipated funds may not be received. customers, as governed by the laws of During any business day, Cedel will not Luxembourg, are effective and advance an amount that exceeds the As with TOFs and TFAs, only the actual amount of credit drawn under the UFF enforceable as a matter of international amount of the line of credit or the commercial law. collateral value of qualifying securities must be collateralized. C. Operational Capacity held in the customer’s account. III. Cedel’s Request for Exemption Cedel also can provide to customers a Cedel believes it operates its clearing technical overdraft facility (‘‘TOF’’). Cedel states that it operates to reduce and settlement activities according to TOFs are short-term financing facilities the risks related to the clearance and the standards of international best used to facilitate clearance of securities settlement process and to standardize practice and continually strives to transactions against payment. Under the that process to facilitate secure and improve the integrity and reliability of TOF service, Cedel pays the selling accurate cross-border securities its systems and the quality of services customer in advance of receipt of settlement for the benefit of all market provided to its customers. Because payment by the purchasing customer. participants. Cedel intends to offer Cedel is not a monopoly provider of Cedel accepts the securities from the GCSS in order to provide a flexible and services in any market, it is subject to selling customer and delivers them into efficient means for counterparties to commercial and competitive discipline. the purchasing customer’s account. To agree upon marked-to-market credit As such, Cedel believes that it protect itself from market and credit exposures and in order to provide substantially complies with all risk, Cedel then blocks the securities in appropriate credit support through Commission standards for clearing and the purchasing customer’s account to securities and cash on deposit with settlement operations and that no ensure that the purchasing customer Cedel. As discussed more specifically additional benefits are likely to accrue does not remove the securities until it below, Cedel believes an exemption from the imposition of U.S. regulatory clears its net debit position. If the from clearing agency registration is requirements as a result of the purchasing customer fails to clear its net appropriate. registration of Cedel as a clearing debit position within forty-eight hours, agency. Cedel may liquidate the customer’s A. Regulatory Comity and Legal Integrity Cedel seeks to provide clearing and 19 assets to satisfy the net debit position. settlement services for U.S. securities as Cedel believes that deference should Cedel also will act as collateral agent it currently provides for the securities in be granted to the existing Luxembourg in specifically negotiated tripartite thirty other domestic markets. As a legal and regulatory framework which financing arrangements (‘‘TFA’’), which result, Cedel customers would have a governs supervision of Cedel by the provide longer term financing for single interface into the U.S. clearance customers than pre-advices and TOFs. Institut Monetaire Luxembourgeois and settlement system, standardized Generally, the TFA is an agreement (‘‘IML’’) and all Cedel obligations to and message formats, and regional customer between three parties, the borrower relations with its customers. Cedel also support. Cedel believes that these are all (Cedel customer), the lender (the believes that Luxembourg law should substantial benefits to Cedel customer financing bank), and the collateral agent govern all contractual arrangements institutions which otherwise have no (Cedel). Cedel may introduce lenders to with its customers for clearing and presence in the U.S. investment borrowers but does not play a settlement. Cedel believes that altering markets. substantial role in the negotiations of its clearing and settlement arrangements TFAs. After a TFA has been negotiated, from bilateral contractual arrangements D. Public Interest and Protection of Cedel acts solely as collateral agent which appoint Cedel as agent and Investors whereby Cedel determines the adequacy depository under Luxembourg law to a Cedel believes that acceptance of U.S. of and monitors the pledged collateral self-regulatory entity which would securities within the Cedel system which is blocked in the borrowing require Cedel to perform a regulatory would contribute greatly to the secure customer’s account with Cedel. Cedel function under the laws of the United and efficient cross-border clearance and States would upset and complicate the settlement of securities transactions and 19 Under the TOF agreement between Cedel and existing legal structure of international its customers, Cedel is granted a lien on all the establishment of linkages among securities and other assets in a participating cross-border clearance and settlement major national markets. In addition, customer’s account with Cedel. and almost certainly prove impractical. Cedel believes that settlement through Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31205 the Cedel system has increasing appeal requirements of Section 17A, the condition of the no-action position as broker-dealers, institutional Commission’s Division of Market provided to Cedel in 1993, Cedel agreed investors, and custodians place greater Regulation (‘‘Division’’) has published not to act as an agent in facilitating emphasis on securities lending, back-to- standards based on Section 17A for repurchase agreements between Cedel back transactions, and financing clearing agency registration.23 customers and others with regard to techniques such as repurchase Section 17A(b)(1) authorizes the U.S. Treasury securities and agreed that agreements and reverse repurchase Commission to exempt applicants from none of the collateral services agreements. As a clearance and some or all of the requirements of performed by Cedel would be such that settlement system which conducts Section 17A if it finds such exemptions the services could be interpreted as multi-currency settlement and which are consistent with the public interest, authorizing the purchase and sale of has links to major domestic markets, the protection of investors, and the U.S. Treasury securities, including Cedel believes it can efficiently purposes of Section 17A, including the accommodate customer demands for prompt and accurate clearance and repurchase agreement transactions, by sophisticated transaction processing. settlement of securities transactions and Cedel’s customers or affiliates using Finally, Cedel believes its existing the safeguarding of securities and funds. Cedel’s systems. However, under GCSS, legal, regulatory, and operational Recently, the Commission exercised for all types of U.S. securities will be arrangements for clearance and the first time its authority to exempt an accepted and the services provided by settlement are rigorous and well- applicant entirely from registration as a GCSS may be interpreted as facilitating understood and that uncertainty and clearing agency.24 repurchase agreement transactions. confusion could result from the Generally, U.S. Treasuries are the In light of the foregoing, the imposition of U.S. legal and regulatory preferred securities for use as collateral Commission believes it is appropriate requirements which potentially could in securing international credit for applicants requesting exemption be in conflict with Cedel’s existing legal, obligations. Therefore, Cedel believes it from clearing agency registration to regulatory, and operational is essential that it be able to accept U.S. meet standards substantially similar to arrangements. Cedel believes that an Treasury securities in GCSS if it is to those required of registrants under exemption from registration would efficiently facilitate cross-border Section 17A in order to assure that the preserve the certainty of those existing collateralization. In part, it is the ‘‘on- fundamental goals of the Exchange Act arrangements while allowing Cedel to transfer’’ of rehypothecation of U.S. (e.g., safe and sound clearance and extend the benefits of settlements in securities for U.S. entities in GCSS U.S. securities to its customers. which subjects Cedel to the registration settlement) will not be undermined. requirements of Section 17A.25 As a Therefore, the Commission invites IV. Proposed Exemption commenters to address whether granting A. Statutory Standards 23 Securities Exchange Act Release No. 16900 Cedel’s application for exemption from Section 17A of the Exchange Act (June 17, 1980), 45 FR 41920 (announcement of clearing agency registration, subject to standards for the registration of clearing agencies the specific conditions which are set directs the Commission to develop a [‘‘Standard Release’’]). See, also, Securities national clearance and settlement Exchange Act Release No. 20221 (September 23, forth in detail below, would further the system through, among other things, the 1983), 48 FR 45167 (omnibus order granting full goals of Section 17A. registration and regulation of clearing registration as clearing agencies to The Depository Trust Company, Stock Clearing Corporation of B. Conditions 20 agencies. In fostering the development Philadelphia, Midwest Securities Trust Company, of a national clearance and settlement The Options Clearing Corporation, Midwest The Commission is proposing to system generally and in overseeing Clearing Corporation, Pacific Securities Depository, impose two types of conditions on clearing agencies in particular, Section National Securities Clearing Corporation, and Philadelphia Depository Trust Company). Cedel in conjunction with the grant of 17A authorizes and directs the See, also, Section 19 of the Exchange Act, 15 any exemptive relief from clearing Commission to promote and facilitate U.S.C. 78s, and Rule 19b–4, 17 CFR 240.19b–4, agency registration. The first type will certain goals with due regard for the setting forth certain procedural requirements for consist of certain clearing and registration and continuing Commission oversight public interest, the protection of transactional volume limitations on investors, the safeguarding of securities of clearing agencies and other self-regulatory organizations. and funds, and the maintenance of fair 24 Clearing Corporation for Options and form as collateral for certain obligations of Cedel’s competition among brokers, dealers, Securities, Securities Exchange Act Release No. customers without registering as a clearing agency clearing agencies, and transfer agents.21 36573 (December 12, 1995), 60 FR 65076. The pursuant to Section 17A of the Exchange Act. The Furthermore, Section 17A, as amended Commission has granted temporary registrations no-action letter did not extend to clearance and that included exemptions from specific Section 17A settlement services for Cedel customers in U.S. by the Market Reform Act of 1990, statutory requirements in a manner designed to government securities. Letter regarding Cedel S.A. directs the Commission to use its achieve the statutory goals of Section 17A. In authority to facilitate the establishment granting these temporary registrations it was (September 15, 1993). of linked or coordinated facilities for expected that the subject clearing agencies would Under Section 3(a)(23) of the Exchange Act, the clearance and settlement of transactions eventually apply for permanent clearing agency term ‘‘clearing agency’’ is defined to mean, among registration. See, e.g., order approving Government other things, any person, such as a securities in securities, securities options, Securities Clearing Corporation’s (‘‘GSCC’’), depository, who permits or facilitates the settlement contracts of sale for future delivery and temporary registration as a clearing agency where of securities transactions or the hypothecation or options thereon, and commodity the Commission temporarily exempted GSCC from lending of securities without physical delivery of options.20 15 U.S.C.22 In 78q–1. addition to the statutory compliance with Section 17A(b)(3)(C). Securities securities certificates. Cedel’s proposal for the 21 Exchange Act Release No. 25740 (May 24, 1988), 53 For legislative history concerning Section 17A, implementation of GCSS places Cedel within the FR 19839. see, e.g., Report of Senate Comm. on Housing and scope of the activities of a clearing agency because Urban Affairs, Securities Acts Amendments of 25 In 1993, Cedel requested a no-action position GCSS could be deemed to permit or facilitate the 1975: Report to Accompany S. 249, S. Rep. No. 75, from the Division relating to Cedel’s providing 94th Cong., 1st Sess. 4 (1975); Conference Comm. clearance, settlement, and other services to hypothecation or lending of securities in a book- Report to Accompany S. 249, Joint Explanatory participants in U.S. government securities. The entry environment. However, the activities of GCSS Statement of Comm. of Conference, H.R. Rep. No. Division issued a no-action letter to Cedel on are not the sole basis for considering Cedel’s 229, 94th Cong., 1st Sess., 102 (1975). September 15, 1993, stating that the staff of the proposed activities to be those of a clearing agency. 22 Market Reform Act of 1990, Section 5, Division would not recommend to the Commission Cedel’s proposal, which includes the clearance and amending Section 17A(a)(2) of the Exchange Act, 15 that it take enforcement action if Cedel accepts U.S. settlement of U.S. securities involving U.S. entities, U.S.C. 78q–1 (1990). Treasury debt securities maintained in book-entry also places Cedel within the definition of clearing agency for purposes of Section 17A of the Exchange Act. 31206 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

Cedel’s processing of U.S. securities out of the GCSS system. However, the information provided to the IML by transactions involving U.S. entities. The Commission will only count the initial Cedel 30 and its external auditors.31 second type will consist of an movement of collateral (the ‘‘on-leg’’) of The Commission seeks comment on arrangement with Cedel and the IML each GCSS delivery or movement. The the conditions, in particular the volume which will give the Commission access return of collateral will not be included limits and information sharing, which to information necessary to ascertain in the calculation of the volume limit. would be imposed on Cedel as a whether the volume limitations are condition of its obtaining an exemption being honored and access to information The Commission believes the from clearing agency registration. relating to the default or near default of proposed volume limit is appropriate in Specifically, commenters are requested certain Cedel customers. that it is large enough to allow Cedel to to address the structure and the commence effecive operations in appropriate size of such limits. 1. Volume Limits clearing and settling U.S. securities Commenters also are requested to The Commission proposes to place a transactions involving U.S. entities and address the types of information which limit on the transactions in U.S. to allow the Commission to observe the should be provided to the Commission securities conducted by U.S. entities effects of Cedel’s activities on the U.S. to help maintain the safety and that can be processed through Cedel. securities market and is sufficiently soundness of the U.S. securities This approach was adopted by the limited so that the safety and soundness markets. In addition, comments are Commission in granting the Clearing of the U.S. markets would not be sought on the types of entities which Corporation for Options and Securities materially affected should Cedel should be deemed affiliates of members (‘‘CCOS’’) an exemption from clearing experience financial or operational of U.S. clearing agencies for purposes of 26 agency registration. In that exemptive difficulties. Either upon Cedel’s request the volume limitations and commission order, the Commission imposed volume or by its own initiative, the Commission access to information. limitations of US$6 billion net daily may review whether the current volume settlement for government securities C. Fair Competition and US$24 billion for repurchase limit should be modified. Cedel will not Section 17A of the Exchange Act agreements and reverse repurchase be permitted to exceed the US$30 requires the Commission, in exercising agreements transactions calculated on billion volume limit without either its authority under that section, to have an average daily basis over a ninety day having the Commission modify its due regard for the maintenance of fair period. The CCOS volume limits were exemptive order or registering as a competition among clearing agencies.32 designed to limit CCOS’s activity to clearing agency. Therefore, the Commission must consider an applicant’s likely effect on approximately five percent or less of the 2. Commission Access to Information average daily dollar value of competition and on the U.S. securities transactions in U.S. Treasuries and of To facilitate the monitoring of markets in its review of any application repurchase agreements and reverse compliance with the proposed volume for registration or exemption from repurchase agreements involving U.S. limits, the proposed exemption would registration as a clearing agency. Treasuries. require Cedel to provide information on Consistent with this approach, the Commission invites commenters to Cedel has represented to the a monthly basis regarding aggregate Commission that it cannot differentiate address whether granting Cedel an volume for all Cedel customers for between regular way trading and exemption from registration would transactions in U.S. securities.29 Under repurchase and reverse repurchase result in increased competition, agreements transactions in its clearance the proposed exemption, Cedel also including greater access to the U.S. and settlement system. Therefore, the would be required to notify the securities market by foreign clearing Commission believes the most feasible Commission regarding material adverse agencies. Such competition may result volume limit is an average daily volume changes in any account maintained by in the development of improved of US$30 billion based upon the Cedel for its customers that are members systems capabilities, new services, and aggregate volume for the previous or affiliates of members of a U.S. perhaps lower costs to market twelve months to be measured each registered clearing agency. Cedel also participants. The Commission also quarter on a rolling quarterly basis. For would be required to respond to a invites commenters to address whether purposes of calculating the average Commission request for information the proposal would impose any burden daily volume, the following will be about a U.S. customer or its affiliate on competition that is inappropriate included: (1) All settlements, both about whom the Commission has under the Exchange Act. internal and external, within Cedel’s financial solvency concerns. The V. Solicitation of Comments clearance and settlement system 27 Commission will require a satisfactory involving a U.S. customer or its Memorandum of Understanding Interested persons are invited to 28 submit written data, views, and affiliate and U.S. securities; (2) each (‘‘MOU’’) with the IML, Luxembourg’s arguments concerning the foregoing movement of U.S. securities into the banking and securities regulatory application by July 19, 1996. Such GCSS system involving a U.S. customer authority, to facilitate the provision of or its affiliate; (3) each delivery of U.S. written data, views, and arguments will information by Cedel to the be considered by the Commission in securities involving a U.S. customer or Commission. In addition to the above its affiliate within the GCSS system; and information, the Commission will (4) each delivery of U.S. securities 30 Cedel is required to submit to the IML monthly monitor Cedel through its review of balance sheets, foreign exchange position reports, involving a U.S. customer or its affiliate and liquidity ratios. Cedel also is required to submit quarterly income statements and reports on large 26 Supra note 24. exposures and on the maturity structure of Cedel’s 27 Supra Section II(A). assets and liabilities. See also supra note 1. 29 28 For purposes of calculating the volume limits In its oversight of Cedel, the Commission does 31 Cedel’s external auditors are required, among and for purposes of Commission access to not anticipate conducting on-site examinations. other things, to review Cedel’s accounting and risk information, ‘‘affiliate’’ shall mean any entity However, the Commission understands that it will management systems and to assess the reliabiity of directly or indirectly controlling, controlled by, or have the ability to observe Cedel operations and to Cedel’s periodic reports to the IML. under common control with a U.S. customer. talk to Cedel personnel on-site. 32 15 U.S.C. 78q–(a)(2). Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31207 deciding whether to grant Cedel’s II. Self-Regulatory Organization’s (C) Self-Regulatory Organization’s request for exemption from registration. Statement of the Terms of Substance of Statement on Comments on the Persons desiring to make written the Proposed Rule Change Proposed Rule Change Received From Members, Participants, or Others submissions should file six copies In its filing with the Commission, the thereof with the Secretary, Securities Board included statements concerning Written comments were neither and Exchange Commission, 450 Fifth the purpose of and basis for the solicited nor received. Street, N.W., Washington, D.C. 20549. proposed rule change and discussed any Reference should be made to File No. comments it received on the proposed III. Date of Effectiveness of the 600–29. Copies of the application and rule change. The texts of these Proposed Rule Change and Timing for all written comments will be available statements may be examined at the Commission Action for inspection and copying at the places specified in Item IV below. The Because the foregoing proposed rule Commission’s Public Reference Room, Board has prepared summaries, set forth change: (i) does not significantly affect 450 Fifth Street, N.W., Washington, D.C. in Section (A), (B), and (C) below, of the the protection of investors or the public 20549. most significant aspects of such interest; (ii) does not impose any For the Commission by the Division of statements. significant burden on competition; (iii) Market Regulation, pursuant to delegated (A) Self-Regulatory Organization’s was provided to the Commission for its authority.33 Statement of the Purpose of, and review at least five days prior to the Margaret H. McFarland, Statutory Basis for, the Proposed Rule filing date; and (iv) does not become Deputy Secretary. Change operative for thirty (30) days from the [FR Doc. 96–15575 Filed 6–18–96; 8:45 am] date of its filing, the Board has Among other things, Board rule G–36 submitted this proposed rule change to BILLING CODE 8010±01±M requires that, with certain exceptions, become effective pursuant to Section each dealer acting as an underwriter in 19(b)(3)(A) of the Act and Rule 19b– a primary offering of municipal 4(e)(6) thereunder. In particular, the [Release No. 34±37304; File No. SR±MSRB± securities submit a copy of the final Board believes that the proposed rule 96±5] official statement, if one is prepared, to change qualifies as a ‘‘non-controversial the Board. Underwriters also are filing’’ in that the proposed amendment Self-Regulatory Organizations; Notice required to send advance refunding does not significantly affect the of Filing and Immediate Effectiveness documents to the Board if an offering of protection of investors or the public of a Proposed Rule Change by the municipal securities ‘‘advance refunds’’ interest and does not impose any Municipal Securities Rulemaking an outstanding issue of municipal significant burden on competition. At Board Relating to Preservation of securities. any time within sixty days of the filing Records Rule G–8(a)(xv) requires that dealers of the proposed rule change, the maintain a record of sending to the Commission may summarily abrogate June 11, 1996. Board, Forms G–36(O/S) and G– such rule change if it appears to the Pursuant to Section 19(b)(1) of the 36(ARD) and the corresponding Commission that such action is Securities Exchange Act of 1934 required documentation. Rule G–9, on necessary or appropriate in the public (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is preservation of records, currently does interest, for the protection of investors, hereby given that on June 4, 1996, the not state a time period for preservation or otherwise in furtherance of the Municipal Securities Rulemaking Board of these records. purpose of the Act. The proposed amendment to rule G– (‘‘Board’’ or ‘‘MSRB’’) filed with the IV. Solicitation of Comments Securities and Exchange Commission 9 would require that dealers retain the (‘‘Commission’’ or ‘‘SEC’’) a proposed records required by rule G–8(a)(xv) for Interested persons are invited to rule change (SR–MSRB–96–5). The a period of three years. This three-year submit written data, views, and proposed rule change is described in period would coincide with the record arguments concerning the foregoing. Items I and II below, which Items have retention requirement for the Persons making written submissions been prepared by the Board. The documentation supporting proof of should file six copies thereof with the Commission is publishing this notice to delivery of official statements to Secretary, Securities and Exchange purchasers of new issues securities as solicit comments on the proposed rule Commission, 450 Fifth Street, NW., required by rule G–32 on disclosures in change from interested persons. Washington, DC 20549. Copies of the connection with new issues. submissions, all subsequent I. Self-Regulatory Organization’s The Board believes the proposed rule amendments, all written statements Statement of the Terms of Substance of change is consistent with Section with respect to the proposed rule the Proposed Rule Change 15B(b)(2)(G) of the Act, which requires, change that are filed with the in pertinent part, that the Board’s rules: Commission, and all written The Board is proposing to amend rule communications relating to the G–9, on preservation of records. The prescribe records to be made and kept by municipal securities brokers and municipal proposed rule change between the proposed rule change would require securities dealers and the periods for which Commission and any person, other than that brokers, dealers and municipal such records shall be preserved. those that may be withheld from the securities dealers (collectively, public in accordance with the ‘‘dealers’’) retain the records required by (B) Self-Regulatory Organization’s Statement on Burden on Competition provisions of 5 U.S.C. 552, will be rule G–8(a)(xv) for a period of three available for inspection and copying in years. The Board requests that the The Board does not believe that the the Commission’s Public Reference Commission set the effective date for the proposed rule change will impose any Room. Copies of the filing will also be proposed rule for 30 days after filing. burden on competition not necessary or available for inspection and copying at appropriate in furtherance of the the Board’s principal offices. All 33 17 CFR 200.30–3(a)(16). purposes of the Act. submissions should refer to File No. 31208 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

SR–MSRB–96–5 and should be Commission approved these income for the past 3 years must be at submitted by July 10, 1996. amendments to the initial listing least $6,500,000.7 standards, it noted that the Exchange For the Commission by the Division of Earnings and Liquidity Continued committed to propose corresponding Market Regulation, pursuant to delegated Listing Criteria authority, 17 CFR 200.30–3(a)(12). continued listing criteria.5 Margaret H. McFarland, Currently, Paragraph 802 of the Under the proposal, the NYSE will Deputy Secretary. NYSE’s Listed Company Manual require that the company maintain at (‘‘Manual’’) sets forth the standards for least 400 total stockholders or 1,200 [FR Doc. 96–15508 Filed 6–18–96; 8:45 am] companies that want their equity total stockholders if the average BILLING CODE 8010±01±M securities to remain listed on the monthly trading volume in the common Exchange. These standards require stock is less than 100,000 shares for the [Release No. 34±37307; File No. SR±NYSE± companies to maintain the following most recent 12 months.8 The Exchange 96±07] minimum numerical criteria for their will also require that the company capital or common stock. First, the maintain an aggregate market value of Self-Regulatory Organizations; New company must have at least 1,200 publicly-held shares of $8,000,000 for York Stock Exchange, Inc.; Order holders of 100 shares or more (or of a its common stock. With respect to Granting Approval To Proposed Rule unit of trading if less than 100 shares). earnings, the Exchange proposes to Change Relating To Continued Listing Second, the number of publicly-held require that the company maintain an Criteria for Capital or Common Stock shares must be at least 600,000. Third, aggregate market value of shares June 12, 1996. the aggregate market value of publicly- outstanding (excluding treasury stock) On March 18, 1996, the New York held shares must be at least $5,000,000. of at least $12,000,000 and average net Stock Exchange, Inc. (‘‘NYSE’’ or Fourth, the company must have at least income after taxes for the past three ‘‘Exchange’’) submitted to the Securities $8,000,000 in aggregate market value of years of at least $600,000. The Exchange and Exchange Commission (‘‘SEC’’ or shares outstanding (excluding treasury will also require the net tangible assets ‘‘Commission’’), pursuant to Section stock) and in net tangible assets available to common stock to be at least 19(b)(1) of the Securities Exchange Act available to common stock. The current $12,000,000 and average net income of 1934 (‘‘Act’’) 1 and Rule 19b–4 NYSE continued listing standards, after taxes for the past 3 years to be at thereunder, 2 a proposed rule change to however, do not provide for continue least $600,000. amend the criteria for continued listing listing standards for companies that The Commission finds that the on the Exchange for capital or common were listed by satisfying the alternate proposed rule change is consistent with stock. demonstrated earnings power standard the requirements of the Act and the The proposed rule change was or under the alternate liquidity rules and regulations thereunder published for comment in Securities standard. In its proposed rule change, applicable to a national securities Exchange Act Release No. 3707 (Apr. 1, the NYSE proposes to adopt new exchange, and, in particular, with the 1996), 61 FR 15548 (Apr. 8, 1996). No continued listing criteria to parallel the requirements of Section 6(b).9 comments were received on the adjusted net income listing standard Specifically, the Commission believes proposal. and to amend its current continued the proposal is consistent with the In 1995, the Exchange amended its listing criteria to reflect the changes Section 6(b)(5) requirements that the domestic listing standards by making made in 1995 to the initial listing rules of an exchange be designed to changes to the numerical criteria.3 One standards.6 promote just and equitable principles of of the proposals adopted an alternate Adjusted Net Income Continued Listing trade, to prevent fraudulent and demonstrated earnings power standard Criteria manipulative acts, and, in general, to for companies that have a market protect investors and the public interest; capitalization of at least $500 million Under the proposal, for companies and are not designed to permit unfair and revenues of at least $200 million in that are currently valued on a ‘‘cash discrimination between issuers. their most recent fiscal year. Under this flow’’ basis under Paragraph 102.01 of The Commission believes that the new alternative, such companies are the Manual, the aggregate market value development and enforcement of able to qualify for listing if their of shares outstanding, excluding adequate standards governing the listing adjusted net income is positive for each treasury stock, must be at least of securities on an exchange is an of the last three fiscal years and not less $25,000,000 and average adjusted net activity of critical importance to than $25 million in the aggregate for exchange markets and to the investing an average monthly trading volume of 100,000 such period. At the same time, the shares for the most recent six months, or 2,000 public. Listing standards serve as a NYSE also amended its domestic listing round-lot holders. means for the self-regulatory standards by increasing the listing 5 See Securities Exchange Act Release No. 35571 organizations (‘‘SROs’’) to screen issuers standard regarding aggregate market n. 19 (Apr. 5, 1995), 60 FR 18649 (Apr. 12, 1995). and to provide listed status only to bona value of publicly-held shares and net 6 According to the Exchange, a small number of fide companies with substantial float, tangible assets from $18 million to $40 companies that initially listed on the Exchange by satisfying the minimum aggregate market value of investor base, and trading interest to million and added an alternate liquidity both publicly held shares and net tangible assets ensure sufficient liquidity for fair and standard of 500 total stockholders and before the original listing standards were increased orderly markets. Listing standards also average monthly trading volume of to their current levels are above the current enable an exchange to assure itself of 1,000,000 shares.4 When the continued listing criteria, but are below the proposed criteria. Upon the Commission’s approval of the proposed rule change, the Exchange will 7 Companies may currently be valued on a ‘‘cash 1 15 U.S.C. 78s(b)(1). notify these companies of the new continued listing flow’’ basis by either on listing demonstrating 2 17 CFR 240.19b–4. criteria and inform such companies that the earning power by meeting the minimum levels of 3 See Securities Exchange Act Release No. 35571 Exchange expects them to be in compliance with adjusted income or after being listed on the (Apr. 5, 1995), 60 FR 18649 (Apr. 12, 1995) (order the new criteria within 18 months of their effective Exchange switching from a reported income to a approving proposed rule change relating to date. The Exchange will consider those companies ‘‘cash flow’’ basis. domestic listing standards). that do not meet these new standards by such date 8 As described above, the Exchange currently 4 Previously, the NYSE required that the company to be below the continued listing criteria at that requires 1,200 round-lot holders. have at least 2,200 total stockholders together with time. 9 15 U.S.C. § 78f(b). Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31209 the bona fides of the company and its established by the rule proposal, should SMALL BUSINESS ADMINISTRATION past trading history. In this regard, the help to ensure the stability of the Exchange previously proposed, and the marketplace, as well as protect Hartford District Advisory Council Commission approved, amendments to investors, by enabling the NYSE to Meeting, Public Meeting its initial listing standards that provided identify listed companies that may not for an alternate method by which a The U.S. Small Business have sufficient liquidity and financial Administration, Hartford District company could meet the ‘‘demonstrated resources to warrant continued listing. earnings’’ listing standard, increased the Advisory Council will hold a public This, in turn, will allow the NYSE to meeting on Monday, July 1, 1996, at numerical criteria for the aggregate take appropriate action. market value of both publicly-held 8:30 a.m. at 2 Science Park, New Haven, shares and net tangible assets, and Finally, the NYSE proposes to amend Connecticut 06511, to discuss matters as adopted an alternate shareholder the investor base and public float may be presented by members, staff of distribution standard for companies requirements of its continued listing the U.S. Small Business Administration, whose shares are very actively traded.10 criteria. Although the minimum number or others present. With this rule proposal, the Exchange of investors required has decreased, the For further information, write or call proposes to amend the continued listing Commission believes that establishing a Ms. Jo-Ann Van Vechten, District criteria for common stock to reflect the minimum of at least 400 total Director, U.S. Small Business amendments made to the initial listing stockholders in conjunction with an Administration, 330 Main Street, standards in 1995. The Commission average monthly trading volume of at Hartford, Connecticut, (860) 240–4670. believes that adequate maintenance least 100,000 shares will not Dated: June 12, 1996. standards are of equal importance to the significantly weaken the high standards Michael P. Novelli, development of adequate standards for that the Exchange wants to maintain. Director, Office of Advisory Council. initial inclusion on an exchange. The The requirement for an average monthly Commission notes that once an issue [FR Doc. 96–15499 Filed 6–18–96; 8:45 am] trading volume will ensure that listed BILLING CODE 8025±01±P has been initially approved for listing, companies with a smaller shareholder the Exchange must monitor continually base should have sufficient interest to the status and trading characteristics of support a liquid market. Moreover, the that issue to ensure that it continues to Exchange requirement that listed meet exchange standards for trading DEPARTMENT OF TRANSPORTATION companies have at least 1,200 total depth and liquidity. Federal Aviation Administration Specifically, with respect to the new stockholders if the average monthly adjusted net income criteria, the trading volume is less than 100,000 also will ensure that there is sufficient Commercial Space Transportation Commission believes that it is Advisory CommitteeÐRe- shareholder base to support a liquid appropriate to establish specific Establishment continued listing criteria that correlate market. Although the Exchange to the alternate method for satisfying the previously required at least 1,200 AGENCY: Federal Aviation demonstrated earnings requirement of round-lot holders, the Commission Administration (FAA), DOT. the initial listing standard. Under the believes that the new shareholder ACTION: Notice of Commercial Space new standards, companies that are distribution standard in conjunction Transportation Committee Re- valued on a ‘‘cash flow’’ basis must have with the updated numerical criteria will establishment. at least an aggregate market value of permit the Exchange to monitor its $25,000,000 (which is higher than the listed companies to ensure continued SUMMARY: Notice is hereby given of the proposed standard of $12,000,000 depth and liquidity. re-establishment of the Commercial aggregate market value for other In conclusion, based upon the Space Transportation Advisory companies) as well as satisfy an average analysis set forth above, the Committee. The committee reviews adjusted net income for the past three Commission believes this rule change matters relating to the commercial space years of $6,500,000. will continue to ensure that NYSE listed transportation industry and provides Under the proposal, the Exchange is information, advice, and also increasing the minimum companies have adequate depth and liquidity to support trading on the recommendations on commercial space requirements for aggregate market value transportation activities. The functions of publicly-held shares from $5,000,000 NYSE. Accordingly, the Commission believes that this rule change adequately of the committee are solely advisory and to $8,000,000; aggregate market value of the committee will comply with the shares outstanding (excluding treasury protects investors and the public interest. provisions of the Federal Advisory stocks) from $8,000,000 to $12,000,000; Committee Act. and net tangible assets available to It is therefore ordered, pursuant to The Secretary of Transportation has 11 common stock from $8,000,000 to Section 19(b)(2) of the Act, that the determined that the use of the $12,000,000. The Commission believes proposed rule change (SR–NYSE–96– Commercial Space Transportation that these substantial increases 07) is approved. Advisory Committee is in the public significantly upgrade the NYSE’s For the Commission, by the Division of interest in connection with the continued listing criteria and strengthen Market Regulation, pursuant to delegated performance of duties imposed on FAA the Exchange’s securities listing process authority.12 by law. Meetings of the committee will by adding continued listing standards Margaret H. McFarland, be open to the public. that more appropriately correspond to Deputy Secretary. the initial listing standards. Moreover, FOR FURTHER INFORMATION CONTACT: the Commission believes that the [FR Doc. 96–15576 Filed 6–18–96; 8:45 am] Brenda Parker (AST–100), Office of the stringent maintenance criteria, BILLING CODE 8010±01±M Associate Administrator for Commercial Space Transportation, 400 7th Street, 10 See Securities Exchange Act Release No. 35571, 11 15 U.S.C. 78s(b)(2). SW., Washington, DC, 20591, telephone supra note 3. 12 17 CFR 200.30–3(a)(12). (202) 366–2932. 31210 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

Issued in Washington, DC, on June 13, to develop and implement a new Act requires such maps to be developed 1996. acquisition management system that in consultation with interested and Frank C. Weaver, addresses the unique needs of the affected parties in the local community, Associate Administrator for Commercial agency. The new FAA acquisition government agencies, and persons using Space Transportation. management system went into effect on the airport. [FR Doc. 96–15632 Filed 6–18–96; 8:45 am] April 1, 1996 [see Notice of availability An airport operator who has BILLING CODE 4910±13±P at 61 FR 15155 (April 4, 1996)]. As part submitted noise exposure maps that are of this system, the FAA has prepared found by FAA to be in compliance with standard clauses for inclusion in the requirements of Federal Aviation Announcement of Federal Aviation contracts and screening information Regulations (FAR) Part 150, Administration Acquisition requests. promulgated pursuant to Title I of the Management System Standard Clauses Act, may submit a noise compatibility and Provisions Issued in Washington, DC, on May 20, 1996. program for FAA approval which sets forth the measures the operator has AGENCY: Federal Aviation Dennis DeGaetano, taken or proposes for the reduction of Administration, DOT. Director of Acquisitions, ASU–1. existing noncompatible uses and for the ACTION: Notice of availability. [FR Doc. 96–15639 Filed 6–18–96; 8:45 am] prevention of the introduction of BILLING CODE 4910±13±M SUMMARY: The Federal Aviation additional noncompatible uses. Administration (FAA) announces the The FAA has completed its review of availability of the FAA Acquisition the noise exposure maps and related Acceptance of Noise Exposure Maps descriptions submitted by the city of Management System standard clauses. for Scottsdale Airport, Scottsdale, AZ This notification facilitates the widest Scottsdale, Arizona. The specific maps possible distribution and availability of AGENCY: Federal Aviation under consideration are exhibits 1 and the standard clauses to be used in FAA Administration, DOT. 2 in the submission. The FAA has determined that these maps for procurement contracts and screening ACTION: Notice. information requests (SIRs). The FAA Scottsdale Airport are in compliance Acquisition Policy, Plans and SUMMARY: The Federal Aviation with applicable requirements. This Procedures Division, ASU–100, is Administration (FAA) announces its determination is effective on June 5, responsible for configuration control determination that the noise exposure 1996. FAA’s determination on an airport and archive of the FAA contract clauses maps submitted by the city of operator’s noise exposure maps is and provisions. Availability of clauses Scottsdale, AZ for Scottsdale Airport limited to a finding that the maps were and provisions on the Internet and/or under the provisions of Title I of the developed in accordance with the through ASU–100 will allow their Aviation Safety and Noise Abatement procedures contained in appendix A of incorporation by reference in FAA Act of 1979 (Public Law 96–193) and 14 FAR Part 150. Such determination does procurement actions. CFR Part 150 are in compliance with not constitute approval of the applicant’s data, information or plans, ADDRESSES: The complete text of the applicable requirements. or a commitment to approve a noise EFFECTIVE DATE: The effective date of the FAA Acquisition Management System compatibility program or to fund the FAA’s determination on the noise Standard Clauses is available on the implementation of that program. Internet at http://www.faa.gov/ exposure maps is June 5, 1996. If questions arise concerning the asu.appd/Toolbox.htm. Use of the FOR FURTHER INFORMATION CONTACT: precise relationship of specific Internet World Web Site is strongly David B. Kessler, Environmental properties to noise exposure contours encouraged for access to copies of the Protection Specialist, Airports Division, depicted on a noise exposure map FAA Acquisition Management System. AWP–611.2, Western-Pacific Region, submitted under section 103 of the Act, If Internet service is not available, Federal Aviation Administration, P.O. it should be noted that the FAA is not requests for copies of the FAA Box 92007, Worldway Postal Center, Los involved in any way in determining the Acquisition Management System Angeles, CA 90009–2007, Telephone: relative locations of specific properties Standard Clauses may be made to the 310/725–3615. Street Address: 15000 with regard to the depicted noise following address: FAA Acquisition Aviation Boulevard, Hawthorne, CA contours, or in interpreting the noise Reform, ASU–100, Rm. 435, 800 90261. Documents reflecting this FAA exposure maps to resolve questions Independence Avenue, SW, action may be reviewed at this same concerning, for example, which Washington, DC 20591. location. properties should be covered by the FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: This provisions of section 107 of the Act. David Lankford, Procurement notice announces that the FAA finds These functions are inseparable from Management Branch, Federal Aviation that the noise exposure maps submitted the ultimate land use control and Administration, Rm. 435, 800 for Scottsdale Airport are in compliance planning responsibilities of local Independence Avenue, SW, with applicable requirements of part government. These local responsibilities Washington, DC 20591, (202) 267–7771. 150, June 5, 1996. Under section 103 of are not changed in any way under part SUPPLEMENTARY INFORMATION: On the Aviation Safety and Noise 150 or through FAA’s review of noise October 31, 1995, Congress passed an Abatement Act of 1979 (hereinafter exposure maps. Therefore, the act, Making Appropriations for the referred to as ‘‘the Act’’), an airport responsibility for the detailed Department of Transportation and operator may submit to the FAA noise overlaying of noise exposure contours Related Agencies, for the Fiscal Year exposure maps which meet applicable onto the map depicting properties on Ending September 30, 1996, and for regulations and which depict the surface rests exclusively with the Other Purposes (The 1996 DOT noncompatible land uses as of the date airport operator which submitted those Appropriations Act). On November 15, of submission of such maps, a maps, or with those public agencies and 1995, the President signed this bill into description of projected aircraft planning agencies with which law. In Section 348 of this law, Congress operations, and the ways in which such consultation is required under section directed the Administrator of the FAA operations will affect such maps. The 103 of the Act. The FAA has relied on Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31211 the certification by the airport operator, address: P.O. Box 1707 St. Thomas, U.S. Notice of Intent To Rule on Application under section 150.16 of FAR Part 150, Virgin Islands 00803–1707. To Impose and Use the Revenue From that the statutorily required consultation Air carriers and foreign air carriers a Passenger Facility Charge (PFC) at has been accomplished. may submit copies of written comments Wichita Mid-Continent Airport, Wichita, Copies of the noise exposure maps previously provided to the Virgin Kansas and of the FAA’s evaluation of the maps Islands Port Authority under section AGENCY: are available for examination at the 158.23 of Part 158. Federal Aviation Administration, (FAA), DOT. following locations: FOR FURTHER INFORMATION CONTACT: ACTION: Federal Aviation Administration, 800 Notice of intent to rule on Pablo G. Auffant, P.E., Program application. Independence Avenue, SW., Room Manager, 9677 Tradeport Drive, Suite 621, Washington, DC 20591 130, Orlando, Florida, 32827, 407–648– SUMMARY: The FAA proposes to rule and Federal Aviation Administration, 6582 ext. 30. The application may be invites public comment on the Western-Pacific Region, Airports reviewed in person at this same application to impose and use the Division, AWP–600, 15000 Aviation location. revenue from a PFC at Wichita Mid- Boulevard, Room 3012, Hawthorne, SUPPLEMENTARY INFORMATION: The FAA Continent Airport under the provisions CA 92061 proposes to rule and invites public of the Aviation Safety and Capacity Mr. John S. Kinney, Airport Director, comment on the application to Impose Expansion Act of 1990 (Title IX of the Scottsdale Airport, 15000 North and Use the revenue from a PFC at Omnibus Budget Reconciliation Act of Airport Drive, Scottsdale, AZ 85260 Alexander Hamilton Airport under the 1990 (Public Law 101–508) and Part 158 Questions may be directed to the provisions of the Aviation Safety and of the Federal Aviation Regulations (14 individual named above under the Capacity Expansion Act of 1990 (Title CFR Part 158). heading FOR FURTHER INFORMATION IX of the Omnibus Budget DATES: Comments must be received on CONTACT. Reconciliation Act of 1990) (Public Law or before July 19, 1996. Issued in Hawthorne, CA, on June 5, 1996. 101–508) and Part 158 of the Federal ADDRESSES: Comments on this Robert C. Bloom, Aviation Regulations (14 CFR Part 158). application may be mailed or delivered Acting Manager, Airports Division, AWP–600, On June 5, 1996, the FAA determined in triplicate to the FAA at the following Western-Pacific Region. that the application to Impose and Use address: Federal Aviation [FR Doc. 96–15631 Filed 6–18–96; 8:45 am] the revenue from a PFC submitted by Administration, Central Region, BILLING CODE 1410±13±M the Virgin Islands Port Authority was Airports Division, 601 E. 12th Street, substantially complete within the Kansas City, MO 64106. requirements of section 158.25 of Part In addition, one copy of any Notice of Intent To Rule on Application 158. The FAA will approve or comments submitted to the FAA must To Impose and Use the Revenue From disapprove the application, in whole or be mailed or delivered to Mr. Bailis F. a Passenger Facility Charge (PFC) at in part, no later than September 17, Bell, Director of Airports, Wichita Alexander Hamilton Airport, 1996. Airport Authority, at the following Christiansted, St. Croix, U.S. Virgin The following is a brief overview of address: Wichita Airport Authority, Islands PFC Application No. 96–03–C–00–STX 2173 Air Cargo Road, Wichita, Kansas Level of the proposed PFC: $3.00. 67277–0130. AGENCY: Federal Aviation Proposed charge effective date: Air carriers and foreign air carriers Administration (FAA), DOT. September 1, 1996. may submit copies of written comments ACTION: Notice of intent to rule on Proposed charge expiration date: previously provided to Wichita Airport application. December 31, 2002. Authority, under section 158.23 of Part 158. Total estimated PFC revenue: SUMMARY: The FAA proposes to rule and FOR FURTHER INFORMATION CONTACT: invites public comment on the $4,408,000. Brief description of proposed Lorna Sandridge, PFC Coordinator, application to Impose and Use the FAA, Central Region, 601 E. 12th Street, revenue from a PFC at Alexander project(s): Passenger Terminal Renovation and Expansion. Kansas City, MO 64106, (816) 426–4730. Hamilton Airport under the provisions The application may be reviewed in Class or classes of air carriers which of the Aviation Safety and Capacity person at this same location. Expansion Act of 1990 (Title IX of the the public agency has requested not be SUPPLEMENTARY INFORMATION: The FAA Omnibus Budget Reconciliation Act of required to collect PFCs: None. proposes to rule and invites public 1990) (Public Law 101–508) and Part Any person may inspect the comment on the application to impose 158 of the Federal Aviation Regulations application in person at the FAA office and use the revenue from a PFC at the (14 CFR Part 158). listed above under FOR FURTHER INFORMATION CONTACT. Wichita Mid-Continent Airport under DATES: Comments must be received on the provisions of the Aviation Safety In addition, any person may, upon or before July 19, 1996. and Capacity Expansion Act of 1990 request, inspect the application, notice ADDRESSES: Comments on this (Title IX of the Omnibus Budget and other documents germane to the application may be mailed or delivered Reconciliation Act of 1990) (Public Law application in person at the Virgin in triplicate to the FAA at the following 101–508) and Part 158 of the Federal Islands Port Authority. address: Orlando Airports District Aviation Regulations (14 CFR Part 158). Office, 9677 Tradeport Drive, Suite 130, Issued in Orlando, Florida on June 11, On June 7, 1996, the FAA determined Orlando, Florida 32827. 1996. that the application to impose and use In addition, one copy of any Charles E. Blair, the revenue from a PFC submitted by comments submitted to the FAA must Manager, Orlando Airports District Office, the Wichita Airport Authority was be mailed or delivered to Mr. Gordon A. Southern Region. substantially complete within the Finch, Executive Director of the Virgin [FR Doc. 96–15633 Filed 6–18–96; 8:45 am] requirements of section 158.25 of Part Islands Port Authority at the following BILLING CODE 4910±13±M 158. The FAA will approve or 31212 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices disapprove the application, in whole or and benefits associated with the repeal Following the enactment of the in part, no later than September 11, of the NMSL, pursuant to Section 347 of NMSL, numerous studies of the benefits 1996. the National Highway System and costs of the legislation were The following is a brief overview of Designation Act of 1995. conducted. A joint NHTSA/FHWA task the application. DATES: Comments are due no later than force, charged with determining the Level of the proposed PFC: $3.00. August 5, 1996. safety benefits of the NMSL, conducted Proposed charge effective date: ADDRESSES: Written comments should one of these studies. The NHTSA/ November 1, 1996. refer to the docket number of this notice FHWA task force concluded that while Proposed charge expiration date: and should be submitted to: Docket the ‘‘* * * determination of a precise, October 31, 1998. Section, NHTSA, Room 5109, Nassif accurate estimate of lives saved by the Total estimated PFC revenue: Building, 400 Seventh Street, SW, NMSL * * * is problematic, there were $1,518,409. Washington, DC 20590. Docket hours 20,000 to 30,000 lives saved by the Brief description of proposed 2 are 9:30 am to 4:00 pm EST. NMSL during the period 1974–1978.’’ project(s): Reconstruction of Runway The STAA of 1982 required that a FOR FURTHER INFORMATION CONTACT: In 1R/19L, Taxiway E and Air Carrier study of the ‘‘benefits, both human and NHTSA, Delmas Johnson, National Apron (East); acquisition of a four-wheel economic’’ of the NMSL, with Center for Statistics and Analysis, loader, rapid intervention vehicle and a ‘‘particular attention to savings to the Telephone 202/366–5382, Fax 202/366– Surface Movement Guidance and taxpayers * * *’’ be conducted by the 7078, Internet address is Control System (SMGCS). National Academy of Sciences’ [email protected]. In FHWA, Any person may inspect the Transportation Research Board (TRB). In Suzanne Stack, Office of Highway application in person at the FAA office 1984, TRB published its special report, Safety, Telephone 202/366–2620, Fax listed above under FOR FURTHER 55: A Decade of Experience.3 The TRB 202/366–2249, Internet address is INFORMATION CONTACT. study, conducted by a 19 member [email protected]. In addition, any person may, upon committee composed of experts from a request, inspect the application, notice SUPPLEMENTARY INFORMATION: Speeding wide range of disciplines needed to and other documents germane to the (exceeding the posted speed limit or evaluate the costs and benefits of the application in person at the Wichita driving too fast for conditions) is one of NMSL, represents one of the most Mid-Continent Airport. the most prevalent factors contributing thorough and extensive examinations of to motor vehicle crashes, particularly this important safety issue. Although Issued in Kansas City, Missouri, on June 7, fatal crashes. In calendar year 1994, 1996. the TRB committee recognized the speeding was a factor in 30 percent of inherent difficulties associated with George A. Hendon, all fatal crashes, and NHTSA estimates Manager, Airports Division Central Region. attempts to accurately estimate the that 12,480 lives were lost in speed- safety, economic, and energy benefits of [FR Doc. 96–15640 Filed 6–18–96; 8:45 am] related crashes. NHTSA estimates that the NMSL, the study concluded that BILLING CODE 4910±13±M an additional 23,000 persons sustained annually 3,000 to 5,000 fewer traffic critical injuries, 60,000 sustained fatalities, a savings of $2 billion in fuel moderate injuries, and 500,000 costs, a savings of $65 million in National Highway Traffic Safety sustained minor injuries, for a total of Administration taxpayer costs were the result of the an estimated 583,000 persons injured in NMSL, along with an increase of 1 Federal Highway Administration speed-related crashes in 1994. NHTSA billion hours in travel time. The TRB estimates the 1994 costs of speed-related study also recognized several [Docket No. 96±047±NO1] 1 crashes to be more than $23 billion. unresolved issues, including: the impact The National Maximum Speed Limit of noncompliance; the containment of Study of State Costs and Benefits (NMSL), enacted during the Arab oil higher speeds, if permitted, on a limited Associated With Repeal of the National embargo of 1973 to conserve fuel, was subset of roads; and whether the control Maximum Speed Limit (NMSL) set at 55 miles per hour (MPH). By of the speed limit is a state or federal March 1974, all States were in AGENCY: National Highway Traffic responsibility. Safety Administration (NHTSA) and compliance with the NMSL. In addition In 1987, the Surface Transportation Federal Highway Administration to conserving fuel, the annual traffic and Uniform Relocation Assistance Act (FHWA), Department of Transportation fatality toll declined from 54,052 in granted the states the authority to raise (DOT). 1973 to 45,196 in 1974, a drop of over the speed limit, not to exceed 65 MPH, 16%. As a result of the enormous safety ACTION: on portions of the rural Interstate Notice and request for benefits in the form of the reduction in comments. system. Thirty-eight states raised speed traffic fatalities, the Congress passed limits on rural Interstates to 65 MPH in SUMMARY: This notice invites comments, Public Law (Pub. L.) 93–643, making the 1987, and two additional states adopted suggestions and recommendations from NMSL permanent. Public Law 93–643 the 65 MPH speed limit on rural State highway and traffic safety officials, also required every State to certify that Interstates in 1988, bringing highway safety organizations, the NMSL was being enforced. approximately 90 percent of the 34,000 In 1978, the Congress enacted the researchers, and others with an interest rural Interstate mileage to 65 MPH. Surface Transportation Assistance Act in the potential relationship between Congress asked for an evaluation of the (STAA), Pub. L. 95–599. The STAA increases in the speed limit and effects of the 65 MPH speed limit on required the States to submit data on the increases in motor vehicle fatalities and rural Interstate traffic fatalities for the injuries. Specifically, in those States percentage of motor vehicles exceeding 55 MPH on public highways with a 55 that have raised their speed limits 2 The Life-Saving Benefits of the 55 MPH NMSL: beyond that permitted by the former MPH posted speed limit. Report of the NHTSA/FHWA Task Force, U.S. NMSL, this notice solicits the Department of Transportation, DOT HS 805–559, 1 Traffic Safety Facts 1994: Speed, U.S. October 1980. participation and cooperation of the Department of Transportation, NHTSA, National 3 55: A Decade of Experience, TRB Special Report respective State highway safety officials Center for Statistics and Analysis, 400 Seventh 204, National Research Council, Washington DC, in the preparation of the study of costs Street, S.W., Washington, DC 20590. 1984. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31213 period 1987 through 1989. NHTSA 59, elaborated on the issues that the deadline of September 30, 1997. A published the results of this evaluation study (hereinafter referred to as the major aspect of the proposed strategy is in several reports to Congress, the last ‘‘NHS Act study’’) should address— an emphasis on cooperation between 4 of which was published in 1992, To provide meaningful, useful information, the agencies and the States that have estimating the 1990 fatality toll on rural the report should include information on the increased their speed limits, as stated in Interstates in the 38 states with 65 MPH costs before the State changes its safety laws, the legislation, for preparation of the limits to be ‘‘30 percent greater than and after. It would thus be my intent that the study. It is important that the States might have been expected’’ or an Secretary’s report, due September 30, 1997, participate in the NHS study process, as increase of about 500 fatalities. include information on the costs of motor vehicle crashes in the year before changes go determining the impact of increased National Highway System (NHS) into effect; and again a year later. speed limits in a particular State will The report should include, at a minimum, necessitate that an analysis of state- Designation Act the costs of acute, rehabilitative and long- specific data be conducted. In addition, The National Highway System term medical care, sources of reimbursement the proposed strategy uses an approach Designation Act (hereinafter referred to and the extent to which these sources of similar to that used in the extensive reimbursement and the extent to which these as ‘‘the NHS Act’’) of 1995 (Pub. L. 104– study conducted by TRB, in order to 59) was signed into law on November sources cover actual costs, and the costs to all levels of government, to employers, and capitalize on the thorough work done by 28, 1995. The NHS Act, among other others. the TRB committee to examine costs things, established the National All States are not alike. Each State will and benefits resulting from decreasing Highway System and eliminated the want to know its own data, so that it can the speed limit. Federal mandate for the NMSL. In determine whether its problems are coming addition, Section 347 of the NHS Act from alcohol-related or speed-related causes, Data Needs required the Secretary of Transportation from not wearing seatbelts and helmets, or to study the impact of states’ actions to other causes, and perhaps adjust its laws The agencies have identified several raise speed limits above 55/65 MPH: accordingly. major categories of data needed, as a The report should therefore also include minimum, to conduct the NHS Act Not later than September 30, 1997, the additional factors such as whether excess study. These data are critical to Secretary, in cooperation with any State speed or alcohol were involved in the which raises any speed limit in such State to accident, whether seat belts and motorcycle studying, to a reasonable degree, the a level above the level permitted under helmets were used by those involved in the issues related to determining the costs section 154 of title 23, United States Code, crash, and any other factors the Secretary and benefits of increasing speed limits. as such section was in effect on September may wish to add or State to know. The following table presents the 15, 1995, shall prepare and submit to minimum data requirements for Congress a study of— NHTSA and FHWA (hereinafter (1) The costs to such State of deaths and referred to as ‘‘the agencies’’) propose a addressing key components of injuries resulting from motor vehicle crashes; strategy for meeting the legislative estimating the safety impact of and requirements, as stated in Section 347 of increasing speed limits. It will be (2) The benefits associated with the repeal the Act, in this notice. The proposed important to collect the data described of the national maximum speed limit. strategy is intended to address the in the following table for a minimum Rep. James L. Oberstar, in remarks on complexities of determining the costs time period of one year before the speed his amendment which led to the and benefits of increased speed limits, limit change vs. one year after the speed requirement contained in Pub. L. 104– while meeting the Congressional limit change, if at all possible.

MINIMUM DATA REQUIREMENTS FOR CONDUCTING NHS ACT STUDY

Purpose Data description Performing organization

Background ...... Effective Dates of Change in Limits, Roadway Types, States. New Limit(s), Types of Vehicles Covered. Determining the Impact of Increased Speed Limits on FatalitiesÐFatal Accident Reporting System (FARS) StatesÐstate impacts. Traffic Fatalities. NHTSAÐnational impacts. Determining the Impact of Increased Speed Limits on Injury Crashes and Injured PersonsÐby road, vehicle States. Injuries. types, by speed limit, alcohol involvement, helmet use. Determining the Impact of Increased Speed Limits on Crashes of All SeveritiesÐby road, vehicle types, by States. Crashes. speed limit, alcohol involvement, helmet use. Estimating Benefits ...... Reduced Travel TimeÐCommercial & Public Trans- States. portation. Estimating Costs ...... Economic Cost of CrashesÐBefore Vs. After Speed StatesÐstate impacts. Limit Changes, Medical Costs of Crash-Involved NHTSAÐnational impacts. Persons. Determining Exposure ...... Vehicle Miles Traveled and Speed Distribution ...... States/FHWA.

The agencies request comments from periods, data accuracy, suggestions for Proposed NHS Study Outline the States and other interested highway additional data not mentioned above, The agencies propose the following safety officials on the proposed data and any problems inherent in collecting outline for the NHS study content. The shown above. Specifically, the agencies and/or reporting these data. proposed outline presents a structure for request comments regarding data addressing the entire range of issues availability specific to relevant time identified in Section 347 of the Act. The

4 Effects of the 65 MPH Speed Limit through 1990: Transportation, NHTSA, Washington, DC, May A Report to Congress, U.S. Department of 1992. 31214 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices outline is an adaptation of the structure existing literature on these subjects, Speed Limit Through 1990 (DOT–HS– of the TRB special report, 55: A Decade supplemented by what appears to be 807–840, June 1992) has been placed in of Experience. While the data described some new analysis at the national level, the docket. This report illustrates the in the table shown in the previous based on existing studies. The report type of analysis of crash data that can section, Data Needs, represents the contains hundreds of references of be performed for estimating the effect of minimum data requirement for papers reviewed for consideration in speed limit changes. In this report, a conducting the study, the following their report. A copy of the TRB report time series regression model was used outline presents an approach for a has been placed in the docket.5 The to estimate the data, using annual data thorough treatment of the entire range of report describes methods used to from 1975 through 1986 as the baseline issues associated with estimating costs estimate various components such as period, and 1987 through 1990 as the 65 and benefits of increased speed limits. taxpayer costs and benefits, energy mph period. Fatalities on rural interstate The agencies recognize that data may savings, and travel time. In many cases, highways in the 38 states that increased not be available for all of these areas, external information was used (such as their speed limits in 1987 were modeled but in the interest of completeness and the Nationwide Personal Transportation as a function of fatalities on all other to closely follow the TRB report’s Study) to estimate, on a national level, roads in these 38 states, and a dummy content, these areas are included. In the amount of travel accounted for by (0,1) variable representing the absence/ some instances, collection of specific work-related trips, and their average trip presence of the 65 mph speed limit. data may not be possible. However, length. In some instances, changes This approach resulted in a model that estimates may be available from past proportional to the changes in crashes, fit the data well (i.e., 88 percent of the relationships and/or research, or injuries and fatalities were assumed. variation explained). In general, a longer applying some type of multiplicative As stated earlier, one of the objectives time frame permits more stable factors derived from other data sources. of the current report is to study the estimates than simply comparing the Draft Outline for NHS Study effect of raised speed limits on, ‘‘* * * year before vs. the year after, and thus, the costs of acute, rehabilitative and would be preferable for the current I. Introduction long-term medical care, sources of report. A. Scope of the study/legislative language reimbursement and the extent to which B. Legislative history of NMSL and Based on the above outline, the requirements these sources of reimbursement cover proposed NHS study would attempt to C. Summary of previous experiences actual costs, and the costs to all levels address a wide range of issues on the 1. Safety of government, to employers, and benefits and costs of the increased speed 2. Economic others.’’ This level of detail generally limits, using a compilation of State- II. Effects on Travel and Vehicle Speeds has been unavailable to the traffic safety specific data and national estimates. A. The highway system: mileage, travel community, with the possible exception Chapter I—Introduction, would present and safety of special, small-scale studies. However, B. Amount of travel affected an overview of the historical C. Speed and travel changes across NHTSA recently completed a project, background on establishing speed highway systems Crash Outcome Data Evaluation Study limits, specifically the NMSL, and a D. Adequacy of speed data for addressing (CODES), that consisted of grants to brief summary of findings from study of issues seven states. The CODES study the costs and benefits of the NMSL, III. Impacts of Increased Speed Limits employed methods whereby statewide similar to the material presented earlier A. Travel Time (Personal, work, etc.) data from police crash reports, B. Required Monitoring & Compliance in this notice in Supplementary emergency medical services, hospital Information. Chapter II—Effects on C. Fuel Consumption emergency departments, hospital D. Highway Safety (Fatalities, Injuries, Travel and Vehicle Speeds, would rely Property Damage, etc.) discharge files, claims and other sources heavily on information received from IV. Economic Impacts of Increased Speed were linked so that those people injured the States with increased speed limits, Limits in motor vehicle crashes could be augmented by anecdotal information on A. Value of the Effects on Travel Time followed through the health care the national impact. Chapter III— B. Required Monitoring & Compliance system. A copy of the Report to Impacts of Increased Speed Limits, Certification Costs Congress (DOT–HS–808–347, February would present a detailed assessment, C. Costs Associated with Fuel 1996) and the CODES Technical Report Consumption using data collected and analyzed by D. Motor Vehicle Crash Costs (Medical (DOT–HS–808–338, January 1996) have individual States, on the estimated Care, Lost Productivity, Property been placed in the docket. Based upon savings in reduced travel time and Damage, etc. the CODES experience, NHTSA monitoring/compliance efforts and the V. Summary and Conclusions continues to encourage states to link estimated impact in terms of increases The material outlined above poses a these data as a resource for identifying in motor vehicle crashes, fatalities, number of challenges to assessing the and quantifying traffic safety problems injuries, traffic congestion, and fuel impacts of raised speed limits. First and within states, and for evaluating the consumption. As such, Chapter III foremost is the collection of appropriate health-care consequences of various encompasses a critical portion of the data to address the safety and economic traffic safety policy decisions. In the proposed study and will necessitate that impacts. The crash data collection absence of such linked databases within the agencies rely upon the individual should be straightforward, although the the states, other approaches to States for detailed assessments of the timing and availability of a sufficient estimating the economic effects on the impact of increased speed limits on amount of data to meet the report’s health-care system will need to be crashes, particularly injury and property current deadline may prove to be one of employed. damage crashes, traffic congestion, the biggest challenges. Another Lastly, NHTSA’s last Report to reduced air quality, and increased fuel challenge will be in the area of Congress on the Effects of the 65 mph consumption. It will be extremely analyzing the data to provide estimates important to receive State information 5 Interested parties may request a copy by of effect. contacting the TRB, National Research Council, on these key areas for compiling the The TRB’s report, 55: A Decade of 2101 Constitution Avenue, NW., Washington, DC NHS study, as the agencies will not Experience, is essentially a review of the 20418. have direct access to State specific data Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31215 on these issues. Chapter IV—Economic plan to rely heavily on the State of the State and National findings from Impacts of Increased Speed Limits— analyses for compiling Chapter IV and previous chapters, along with would present an examination of the intends to augment, as necessary, the observations regarding difficulties actual costs saved in reduction in travel State findings with economic cost encountered by the States and the time and the costs incurred as a result estimates and a presentation of national agencies in the analytical process and of increases in the crash spectrum, estimates of economic costs, as well. general conclusions. fatalities, injuries, and property damage, Most importantly, the agencies will in detail. As a result, Chapter IV extends have to rely exclusively on State Proposed Schedule the analysis of the data presented in specific information for compiling one Chapter III by supplementing estimates particular component of Chapter IV, The agencies propose the following of increases in motor vehicle crashes, Section D—Impact on public revenues. schedule for completing the NHS study with the economic cost of various Chapter V—Summary and in order to meet the deadline components of crash costs. The agencies Conclusions—would present a summary established by Section 347 of the Act.

PROPOSED SCHEDULE FOR CONDUCTING NHS STUDY

Date Milestone

August 5, 1996 ...... End 45-day comment period w/comments due to NHTSA/FHWA. September 27, 1996 ...... Publish final notice on NHS Act study methodology and summary of comments received. October 1996 thru April 1997 Provide technical support to the States on an ``as requested'' basis for preparing State-specific studies of the costs/benefits of increased speed limits. May 30, 1997 ...... States' individual studies on costs/benefits of increased speed limits are due to NHTSA/FHWA. June 30, 1997 ...... NHTSA/FHWA complete draft NHS Act study report including consolidation of individual State studies. July 1997 ...... Draft NHS study circulated for review within DOT and to participating States. August 1997 ...... Final NHS study completed and reviewed/approved by DOT. September 30, 1997 ...... NHS study sent to Congress.

Issues Regarding Data Availability, 2. Do plans currently exist within the requested (but not required) that ten (10) Proposed NHS Act Study Outline, and State(s) to study the impact—safety and copies of each comment be submitted. Schedule economic—of increased speed limits? If Written comments to the docket must be yes, does the State anticipate meeting received on or before August 5, 1996. In The agencies recognize that the the proposed schedule for forwarding order to expedite review of this notice proposed NHS study outline, while results of the study to DOT? If there are and the submission of comments, copies comprehensive in addressing the no current plans to study the impact of of this notice are being sent various aspects of determining the increased speed limits, does the State simultaneously with issuance to benefits and costs of increased speed intend to participate in the proposed members of the National Association of limits, may present difficulties, based study effort by contributing information Governors’ Highway Safety on the timing of the schedule, regarding the changes in the State Representatives (NAGHSR) and the particularly in terms of data availability. related to increased speed limits? Data availability is a key concern for 3. Is the proposed approach American Association of State Highway completing the proposed study at the reasonable? Are there issues that should Safety and Traffic Officials (AASHTO). Federal and State levels. For example, be studied that are not included in the Comments should not exceed fifteen while NHTSA maintains data on traffic proposed outline? Are there issues (15) pages in length. Necessary fatalities and fatal crashes for the nation included in the proposed outline that attachments may be appended to the in the Fatal Accident Reporting System should be omitted or revised? submissions without regard to the (FARS), FARS data for 1996 will be 4. Is the proposed schedule fifteen page limit. This limitation is available for analysis in June 1997, three reasonable? If not, what can reasonably intended to encourage commenters to months from the legislative due date for be accomplished within the proposed detail their primary concerns in a the NHS Act study. Additionally, 1996 time frame? What is an alternative concise manner. All comments received data on vehicle miles traveled, a critical schedule that would be more before the close of business on the measure of exposure needed for fatality reasonable? comment closing date listed above will and injury rate calculations, will be not 5. Does the proposed schedule be considered and will be available for available to FHWA until September provide for a sufficient period of time to examination in the docket room at the evaluate the effects of increased speed 1997, at the same time the NHS Act above address both before and after that limits? For example, the study is tasked study is due to Congress. As a result, the date. To the extent possible, comments with comparing one year before vs. one agencies solicit comments on these year after the change in speed limits. filed after the closing date will be proposed requirements, and are States are asked to comment on the considered. Those commenters wishing particularly interested in answers to the timing of their implemented or planned to be notified upon receipt of their following questions: changes in the State speed limit as it comments by the Docket should include 1. In the States with increased speed relates to the NHS Act study objectives. a self-addressed, stamped envelope with limits, are there data available in the The agencies invite public comment their comments. Upon receipt of the State to address the specific areas on the above questions and other areas comments, the Docket supervisor will outlined in the proposed NHS Act of this notice. Interested individuals, return the postcard by U.S. Mail. study, especially Chapter III—Impacts of highway safety organizations, State Issued: June 14, 1996. Increased Speed Limits and Chapter highway officials, and others are IV—Economic Impacts of Increased encouraged to submit comments on Speed Limits? If so, to what extent? these and any related issues. It is 31216 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

Signed: vehicle is substantially similar to a Windshield Wiping and Washing Donald C. Bischoff, motor vehicle originally manufactured Systems, 105 Hydraulic Brake Systems, Acting Executive Director, National Highway for importation into and sale in the 106 Brake Hoses, 107 Reflecting Traffic Safety Administration. United States, certified under 49 U.S.C. Surfaces, 109 New Pneumatic Tires, 113 Anthony R. Kane, 30115 (formerly section 114 of the act), Hood Latch Systems, 116 Brake Fluid, Executive Director, Federal Highway and of the same model year as the 124 Accelerator Control Systems, 201 Administration. model of the motor vehicle to be Occupant Protection in Interior Impact, [FR Doc. 96–15599 Filed 6–18–96; 8:45 am] compared, and is capable of being 202 Head Restraints, 203 Impact BILLING CODE 4910±59±P readily altered to conform to all Protection for the Driver From the applicable Federal motor vehicle safety Steering Control System, 204 Steering standards. Control Rearward Displacement, 205 [Docket No. 96±064; Notice 1] Petitions for eligibility decisions may Glazing Materials, 206 Door Locks and be submitted by either manufacturers or Notice of Receipt of Petition for Door Retention Components, 207 importers who have registered with Seating Systems, 209 Seat Belt Decision That Nonconforming 1993, NHTSA pursuant to 49 CFR Part 592. As 1995, and 1996 Porsche Carrera 2-Door Assemblies, 210 Seat Belt Assembly specified in 49 CFR 593.7, NHTSA Anchorages, 211 Wheel Nuts, Wheel Passenger Cars are Eligible for publishes notice in the Federal Register Importation Discs and Hubcaps, 212 Windshield of each petition that it receives, and Retention, 216 Roof Crush Resistance, AGENCY: National Highway Traffic affords interested persons an 219 Windshield Zone Intrusion, and 302 Safety Administration, DOT. opportunity to comment on the petition. Flammability of Interior Materials. ACTION: Notice of receipt of petition for At the close of the comment period, Petitioner also contends that the decision that nonconforming 1993, NHTSA decides, on the basis of the vehicles are capable of being readily 1995, and 1996 Porsche Carrera 2-door petition and any comments that it has altered to meet the following standards, passenger cars are eligible for received, whether the vehicle is eligible in the manner indicated: importation. for importation. The agency then Standard No. 101 Controls and publishes this decision in the Federal Displays: (a) substitution of a lens SUMMARY: This notice announces receipt Register. marked ‘‘Brake’’ for a lens with an ECE G&K Automotive Conversion, Inc. of by the National Highway Traffic Safety symbol on the brake failure indicator Santa Ana, California (‘‘G&K’’) Administration (NHTSA) of a petition lamp; (b) placement of a seat belt (Registered Importer 90–007) has for a decision that 1993, 1995, and 1996 warning symbol on the seat belt warning petitioned NHTSA to decide whether Porsche Carrera 2-door passenger cars lamp; (c) recalibration of the 1993, 1995, and 1996 Porsche Carrera 2- that were not originally manufactured to speedometer/odometer from kilometers door passenger cars are eligible for comply with all applicable Federal to miles per hour. importation into the United States. The motor vehicle safety standards are Standard No. 108 Lamps, Reflective eligible for importation into the United vehicles which G&K believes are substantially similar are the 1993, 1995, Devices and Associated Equipment: (a) States because (1) they are substantially installation of U.S.-model headlamps similar to vehicles that were originally and 1996 Porsche Carrera 2-door passenger cars that were manufactured and front sidemarkers; (b) installation of manufactured for importation into and U.S.-model taillamp lenses which sale in the United States and that were for importation into, and sale in, the United States and certified by their incorporate rear sidemarkers; (c) certified by their manufacturer as installation of a high mounted stop complying with the safety standards, manufacturer as conforming to all applicable Federal motor vehicle safety lamp. and (2) they are capable of being readily Standard No. 110 Tire Selection and altered to conform to the standards. standards. The petitioner claims that it carefully Rims: installation of a tire information DATES: The closing date for comments placard. on the petition is July 19, 1996. compared the non-U.S. certified 1993, 1995, and 1996 Porsche Carrera 2-door Standard No. 111 Rearview Mirror: ADDRESSES: Comments should refer to passenger cars to their U.S. certified replacement of the passenger side the docket number and notice number, counterparts, and found the vehicles to convex rearview mirror with a U.S.- and be submitted to: Docket Section, be substantially similar with respect to model component. Room 5109, National Highway Traffic compliance with most Federal motor Standard No. 114 Theft Protection: Safety Administration, 400 Seventh St., vehicle safety standards. installation of a warning buzzer SW, Washington, DC 20590. [Docket G&K submitted information with its microswitch and a warning buzzer in hours are from 9:30 am to 4 pm] petition intended to demonstrate that the steering lock assembly. FOR FURTHER INFORMATION CONTACT: the non-U.S. certified 1993, 1995, and Standard No. 115 Vehicle George Entwistle, Office of Vehicle 1996 Porsche Carrera 2-door passenger Identification Number: installation of a Safety Compliance, NHTSA (202–366– cars, as originally manufactured, VIN plate that can be read from outside 5306). conform to many Federal motor vehicle the left windshield pillar, and a VIN SUPPLEMENTARY INFORMATION: safety standards in the same manner as reference label on the edge of the door their U.S. certified counterparts, or are or latch post nearest the driver. Background capable of being readily altered to Standard No. 118 Power Window Under 49 U.S.C. 30141(a)(1)(A) conform to those standards. Systems: rewiring of the power window (formerly section 108(c)(3)(A)(i)(I) of the Specifically, the petitioner claims that system so that the window transport is National Traffic and Motor Vehicle the non-U.S. certified 1993, 1995, and inoperative when the ignition is Safety Act (the act)), a motor vehicle 1996 Porsche Carrera 2-door passenger switched off. that was not originally manufactured to cars are identical to their U.S. certified Standard No. 208 Occupant Crash conform to all applicable Federal motor counterparts with respect to compliance Protection: installation of a seat belt vehicle safety standards shall be refused with Standards Nos. 102 Transmission warning buzzer. The petitioner states admission into the United States unless Shift Lever Sequence. . . ., 103 that the vehicle is equipped with NHTSA has decided that the motor Defrosting and Defogging Systems, 104 driver’s and passenger’s side air bags Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31217 and knee bolsters, and with Type 2 seat into and sale in the United States and comment, Volkswagen stated that belts in all designated seating positions. certified by its manufacturer as vehicle identification number (VIN) Standard No. 214 Side Impact complying with the safety standards assigned to the specific vehicle that the Protection: installation of door beams. (the 1985 Audi 5000S Turbo), and they petitioner seeks to import identifies that Standard No. 301 Fuel System are capable of being readily altered to vehicle as a 1985 Audi 200 Quattro. Integrity: installation of a rollover valve conform to the standards. Volkswagen further stated that in the in the fuel tank vent line between the DATES: This decision is effective as of 1985 model year, it imported into the fuel tank and the evaporative emissions June 19, 1996. United States a front wheel drive collection canister. FOR FURTHER INFORMATION CONTACT: vehicle (the Audi 5000S Turbo) that was Additionally, the petitioner states that George Entwistle, Office of Vehicle built on the same platform as the Audi the bumpers on the non-U.S. certified Safety Compliance, NHTSA (202–366– 200 Quattro (all wheel drive) that was 1993, 1995, and 1996 Porsche Carrera 2- 5306). sold in Europe for the same model year. door passenger cars must be reinforced to comply with the Bumper Standard SUPPLEMENTARY INFORMATION: After being apprised of this comment, the petitioner acknowledged that the found in 49 CFR Part 581. Background Interested persons are invited to petition was in error, and that submit comments on the petition Under 49 U.S.C. 30141(a)(1)(A) Volkswagen properly identified the described above. Comments should refer (formerly section 108(c)(3)(A)(i) of the vehicle’s model year. In view of this to the docket number and be submitted National Traffic and Motor Vehicle correction, this notice identifies the to: Docket Section, National Highway Safety Act (the Act)), a motor vehicle vehicle that is the subject of the petition Traffic Safety Administration, Room that was not originally manufactured to as the ‘‘1985 Audi 200 Quattro,’’ and the 5109, 400 Seventh Street, S.W., conform to all applicable Federal motor substantially similar comparison vehicle Washington, DC 20590. It is requested vehicle safety standards shall be refused as the ‘‘1985 Audi 5000S Turbo.’’ but not required that 10 copies be admission into the United States unless NHTSA has decided that the motor Volkswagen’s only other comment submitted. was that the petition properly identified All comments received before the vehicle is substantially similar to a motor vehicle originally manufactured the standards to which the vehicle close of business on the closing date would have to be conformed to be indicated above will be considered, and for importation into and sale in the eligible for importation into the United will be available for examination in the United States, certified under 49 U.S.C. States. No other comments were docket at the above address both before 30115 (formerly section 114 of the Act), received in response to the notice. and after that date. To the extent and of the same model year as the possible, comments filed after the model of the motor vehicle to be Based on its review of the information closing date will also be considered. compared, and is capable of being submitted by the petitioner, NHTSA has Notice of final action on the petition readily altered to conform to all decided to grant the petition. applicable Federal motor vehicle safety will be published in the Federal Vehicle Eligibility Number for Subject Register pursuant to the authority standards. Petitions for eligibility decisions may Vehicles indicated below. be submitted by either manufacturers or The importer of a vehicle admissible Authority: 49 U.S.C. 30141(a)(1)(A) and importers who have registered with under any final decision must indicate (b)(1); 49 CFR 593.8; delegations of authority NHTSA pursuant to 49 CFR Part 592. As at 49 CFR 1.50 and 501.8. specified in 49 CFR 593.7, NHTSA on the form HS–7 accompanying entry Issued on: June 13, 1996. publishes notice in the Federal Register the appropriate vehicle eligibility Marilynne Jacobs, of each petition that it receives, and number indicating that the vehicle is Director, Office of Vehicle Safety Compliance. affords interested persons an eligible for entry. VSP–160 is the [FR Doc. 96–15524 Filed 6–18–96; 8:45 am] opportunity to comment on the petition. vehicle eligibility number assigned to BILLING CODE 4910±59±P At the close of the comment period, vehicles admissible under this notice of NHTSA decides, on the basis of the final decision. petition and any comments that it has Final Decision [Docket No. 96±34; Notice 2] received, whether the vehicle is eligible Decision That Nonconforming 1985 for importation. The agency then Accordingly, on the basis of the Audi 200 Quattro Passenger Cars are publishes this decision in the Federal foregoing, NHTSA hereby decides that a Eligible for Importation Register. 1985 Audi 200 Quattro is substantially Champagne Imports, Inc. of Lansdale, similar to a 1985 Audi 5000S Turbo AGENCY: National Highway Traffic Pennsylvania (‘‘Champagne’’) originally manufactured for importation Safety Administration (NHTSA), DOT. (Registered Importer 90–009) petitioned into and sale in the United States and ACTION: Notice of decision by NHTSA NHTSA to decide whether 1987 Audi certified under 49 U.S.C. § 30115, and is 200 Quattro passenger cars are eligible that nonconforming 1985 Audi 200 capable of being readily altered to for importation into the United States. Quattro passenger cars are eligible for conform to all applicable Federal motor importation. NHTSA published notice of the petition on April 5, 1996 (61 FR 15334) to afford vehicle safety standards. SUMMARY: This notice announces the an opportunity for public comment. The Authority: 49 U.S.C. 30141(a)(1)(A) and decision by NHTSA that 1985 Audi 200 reader is referred to that notice for a (b)(1); 49 CFR 593.8; delegations of authority Quattro passenger cars not originally thorough description of the petition. at 49 CFR 1.50 and 501.8. manufactured to comply with all One comment was received in Issued on: June 13, 1996. applicable Federal motor vehicle safety response to the notice of the petition, Marilynne Jacobs, standards are eligible for importation from Volkswagen of America, Inc. Director, Office of Vehicle Safety Compliance. into the United States because they are (‘‘Volkswagen’’), the United States substantially similar to a vehicle representative of Audi A.G., the [FR Doc. 96–15525 Filed 6–18–96; 8:45 am] originally manufactured for importation vehicle’s manufacturer. In this BILLING CODE 4910±59±P 31218 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

[Docket No. 96±36; Notice 2] test data or such other evidence as markings), 207 Seating Systems, (based NHTSA decides to be adequate. on test results and certification of Decision That Nonconforming 1990± Petitions for eligibility decisions may vehicle to European standard), 209 Seat 1996 Mercedes-Benz Type 463 Short be submitted by either manufacturers or Belt Assemblies (based on wiring Wheel Base Gelaendewagen Multi- importers who have registered with diagram of seat belt warning system and Purpose Passenger Vehicles are NHTSA pursuant to 49 CFR Part 592. As visual inspection of certification Eligible for Importation specified in 49 CFR 593.7, NHTSA markings), 211 Wheel Nuts, Wheel Discs publishes notice in the Federal Register and Hubcaps (based on visual AGENCY: National Highway Traffic of each petition that it receives, and Safety Administration (NHTSA), DOT. inspection), 214 Side Impact Protection affords interested persons an (based on test results for identically ACTION: Notice of decision by NHTSA opportunity to comment on the petition. equipped 1995 model year vehicle), 219 that nonconforming 1990–1996 At the close of the comment period, Windshield Zone Intrusion (based on Mercedes-Benz Type 463 Short Wheel NHTSA decides, on the basis of the test results and certification information Base Gelaendewagen multi-purpose petition and any comments that it has for identically equipped 1993 model passenger vehicles (MPVs) are eligible received, whether the vehicle is eligible year vehicle), and 302 Flammability of for importation. for importation. The agency then Interior Materials (based on composition publishes this determination in the of upholstery and treatment of fabric SUMMARY: This notice announces the Federal Register. with flameproof spray). decision by NHTSA that 1990–1996 Europa International, Inc. of Santa Fe, The petitioner also contended that Mercedes-Benz Type 463 Short Wheel New Mexico (‘‘Europa’’) (Registered 1990 through 1996 Mercedes-Benz Type Base Gelaendewagen MPVs not Importer No. R–91–002) petitioned 463 Short Wheel Base V–8 originally manufactured to comply with NHTSA to decide whether 1990–1996 Gelaendewagen MPVs are capable of all applicable Federal motor vehicle Mercedes-Benz Type 463 Short Wheel being altered to comply with the safety standards are eligible for Base Gelaendewagen MPVs are eligible following standards, in the manner importation into the United States for importation into the United States. indicated: because they have safety features that NHTSA published notice of the petition Standard No. 101 Controls and comply with, or are capable of being on April 9, 1996 (61 FR 15864) to afford Displays: (a) substitution of a lens altered to comply with, all such an opportunity for public comment. As marked ‘‘Brake’’ for a lens with an ECE standards. described in the notice of the petition, symbol on the brake failure indicator DATES: The decision is effective as of Europa claimed that 1990–1996 lamp; (b) installation of a speedometer/ June 19, 1996. Mercedes-Benz Type 463 Short Wheel odometer calibrated in miles per hour. FOR FURTHER INFORMATION CONTACT: Base Gelaendewagen MPVs have safety Standard No. 105 Hydraulic Brake George Entwistle, Office of Vehicle features that comply with Standard Nos. Systems: placement of warning label on Safety Compliance, NHTSA (202–366– 102 Transmission Shift Lever Sequence. brake fluid reservoir cap. The petitioner 5306). * * * (based on visual inspection and states that the vehicle’s parking brake operation), 103 Defrosting and was tested and met the requirements of SUPPLEMENTARY INFORMATION: Defogging Systems (based on inspection the standard. Background and information in owner’s manual Standard No. 108 Lamps, Reflective describing operation of the system), 104 Devices and Associated Equipment: (a) Under 49 U.S.C. 30141(a)(1)(A) Windshield Wiping and Washing installation of U.S.-model sealed beam (formerly section 108(c)(3)(A)(i)(I) of the Systems (based on operation), 106 Brake headlamps; (b) installation of U.S.- National Traffic and Motor Vehicle Hoses (based on visual inspection of model side marker lamps and reflectors; Safety Act (the Act)), a motor vehicle certification markings), 107 Reflecting (c) installation of a high mounted stop that was not originally manufactured to Surfaces (based on visual inspection), lamp on vehicles manufactured after conform to all applicable Federal motor 113 Hood Latch Systems (based on September 1, 1993. The petitioner vehicle safety standards shall be refused information in owner’s manual asserted that testing performed on the admission into the United States unless describing operation of secondary latch taillamp reveals that it complies with NHTSA has decided that the motor mechanism), 116 Brake Fluids (based on the standard, even though it lacks a vehicle is substantially similar to a vendor certification and information in DOT certification marking, and that all motor vehicle originally manufactured owner’s manual describing fluids other lights are DOT certified. for importation into and sale in the installed at factory as ‘‘DOT 4 plus’’), Standard No. 111 Rearview Mirrors: United States, certified under 49 U.S.C. 119 New Pneumatic Tires for Vehicles inscription of the required warning 30115 (formerly section 114 of the Act), other than Passenger Cars (based on statement on the convex surface of the and of the same model year as the visual inspection of certification passenger side rearview mirror. model of the motor vehicle to be markings), 124 Accelerator Control Standard No. 114 Theft Protection: compared, and is capable of being Systems (based on inspection revealing installation of a warning buzzer in the readily altered to conform to all two accelerator return springs), 201 steering lock electrical circuit. applicable Federal motor vehicle safety Occupant Protection in Interior Impact Standard No. 115 Vehicle standards. Where there is no (based on test data and certification of Identification Number: installation of a substantially similar U.S.- certified vehicle to European standard), 202 VIN plate that can be read from outside motor vehicle, 49 U.S.C. 30141(a)(1)(B) Head Restraints (based on Standard No. the left windshield pillar. (formerly section 108(c)(3)(A)(i)(II) of 208 test data for 1993 model year Standard No. 118 Power-Operated the Act, 15 U.S.C. § 1397(c)(3)(A)(i)(II)) vehicle with same head restraint, Window Systems: rewiring of the power permits a nonconforming motor vehicle certification of vehicle to European window system so that the window to be admitted into the United States if standard, and head restraint transport is inoperative when the front its safety features comply with, or are measurements), 204 Steering Control doors are open. capable of being altered to comply with, Rearward Displacement (based on test Standard No. 120 Tire Selection and all applicable Federal motor vehicle film), 205 Glazing Materials (based on Rims for Vehicles other than Passenger safety standards based on destructive visual inspection of certification Cars: installation of a tire information Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31219 placard. The petitioner asserted that The petitioner asserted that the vehicle (the U.S.-certified version of the 1995 even though the tire rims lack a DOT complies with the standard based on Mercedes-Benz C220), and they are certification marking, they comply with test results for a Gelaendewagen that capable of being readily altered to the standard, based on their NHTSA previously decided to be conform to the standards. manufacturer’s certification that they eligible for importation. DATES: This decision is effective as of comply with the German TUV No comments were received in the date of its publication in the Federal regulations, as well as their certification response to the notice of the petition. Register. by the British Standards Association Based on its review of the information and the Rim Association of Australia. submitted by the petitioner, NHTSA has FOR FURTHER INFORMATION CONTACT: Standard No. 206 Door Locks and decided to grant the petition. George Entwistle, Office of Vehicle Door Retention Components: Vehicle Eligibility Number for Subject Safety Compliance, NHTSA (202–366– installation of a push-pull locking 5306). mechanism on all door locks. Vehicles Standard No. 208 Occupant Crash The importer of a vehicle admissible SUPPLEMENTARY INFORMATION: Protection: installation of a complying under any final determination must Background driver’s side air bag and a seat belt indicate on the form HS–7 warning system. The petitioner asserted accompanying entry the appropriate Under 49 U.S.C. § 30141(a)(1)(A) that the vehicle conforms to the vehicle eligibility number indicating (formerly section 108(c)(3)(A)(i) of the standard’s injury criteria at the front that the vehicle is eligible for entry. National Traffic and Motor Vehicle passenger position based on a test report VCP–14 is the vehicle eligibility number Safety Act (the Act)), a motor vehicle from the vehicle’s manufacturer. The assigned to vehicles admissible under that was not originally manufactured to petitioner additionally submitted a this determination. conform to all applicable Federal motor letter from an engineering concern vehicle safety standards shall be refused stating that no difference in occupant Final Determination admission into the United States unless restraint characteristics would be Accordingly, on the basis of the NHTSA has decided that the motor anticipated between the Short Wheel foregoing, NHTSA hereby decides that vehicle is substantially similar to a Base Gelaendewagen and the Long 1990–1996 Mercedes-Benz Type 463 motor vehicle originally manufactured Wheel Base models that NHTSA has Short Wheel Base Gelaendewagen MPVs for importation into and sale in the previously decided to be eligible for are eligible for importation into the United States, certified under 49 U.S.C. importation. This representation was United States because they have safety § 30115 (formerly section 114 of the based on the observation that the only features that comply with, or are Act), and of the same model year as the structural differences in the two capable of being altered to comply with, model of the motor vehicle to be vehicles are found well behind the all applicable Federal motor vehicle compared, and is capable of being frontal crush zone, and that no safety standards. readily altered to conform to all structural deformation occurs in that applicable Federal motor vehicle safety area. The letter further stated that the Authority: 49 U.S.C. § 30141(a)(1) (B) and (b)(1); 49 CFR 593.8; delegations of authority standards. Short Wheel Base Gelaendewagen is 297 at 49 CFR 1.50 and 501.8. Petitions for eligibility decisions may pounds lighter that the Long Wheel Base Issued on June 13, 1996. be submitted by either manufacturers or model, representing a weight difference importers who have registered with of less 5 percent. The letter stated that Marilynne Jacobs, NHTSA pursuant to 49 CFR Part 592. As this weight difference would not be Director, Office of Vehicle Safety Compliance. specified in 49 CFR 593.7, NHTSA expected to cause performance variation [FR Doc. 96–15526 Filed 6–18–96; 8:45 am] publishes notice in the Federal Register in Standard 208 crash tests. The BILLING CODE 4910±59±P of each petition that it receives, and petitioner stated that it intends to meet affords interested persons an automatic restraint phase-in [Docket No. 96±35; Notice 2] opportunity to comment on the petition. requirements for vehicles manufactured At the close of the comment period, after September 1, 1995 by importing Decision That Nonconforming 1995 NHTSA decides, on the basis of the other vehicles equipped with passenger- Mercedes-Benz C220 Passenger Cars petition and any comments that it has side automatic restraints. Are Eligible for Importation Standard No. 210 Seat Belt Assembly received, whether the vehicle is eligible Anchorages: insertion of instructions on AGENCY: National Highway Traffic for importation. The agency then the installation and use of child Safety Administration (NHTSA), DOT. publishes this decision in the Federal Register. restraints in the owner’s manual for the ACTION: Notice of decision by NHTSA vehicle. The petitioner submitted a that nonconforming 1995 Mercedes- Champagne Imports, Inc. of Lansdale, letter from an engineering concern Benz C220 passenger cars are eligible for Pennsylvania (Registered Importer R– describing tests performed on a importation. 90–009) petitioned NHTSA to decide Gelaendewagen to the requirements of whether 1995 Mercedes-Benz C220 this standard. Based on the results of SUMMARY: This notice announces the passenger cars are eligible for these tests, the petitioner asserted that decision by NHTSA that 1995 importation into the United States. the vehicle complies with the standard. Mercedes-Benz C220 passenger cars not NHTSA published notice of the petition Standard No. 212 Windshield originally manufactured to comply with on April 5, 1996 (61 FR 15335) to afford Retention: application of cement to the all applicable Federal motor vehicle an opportunity for public comment. The windshield’s edges. The petitioner safety standards are eligible for reader is referred to that notice for a asserted that the vehicle complies with importation into the United States thorough description of the petition. No the standard based on test results for a because they are substantially similar to comments were received in response to Gelaendewagen that NHTSA previously a vehicle originally manufactured for the notice. Based on its review of the decided to be eligible for importation. importation into and sale in the United information submitted by the petitioner, Standard No. 301 Fuel System States and certified by its manufacturer NHTSA has decided to grant the Integrity: installation of a rollover valve. as complying with the safety standards petition. 31220 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

Vehicle Eligibility Number for Subject Safety Compliance, NHTSA (202–366– Final Decision Vehicles 5306). Accordingly, on the basis of the The importer of a vehicle admissible SUPPLEMENTARY INFORMATION: foregoing, NHTSA hereby decides that a under any final decision must indicate 1983 Saab 900 not originally on the form HS–7 accompanying entry Background manufactured to comply with all the appropriate vehicle eligibility Under 49 U.S.C. 30141(a)(1)(A) applicable Federal motor vehicle safety number indicating that the vehicle is (formerly section 108(c)(3)(A)(i) of the standards is substantially similar to a eligible for entry. VSP–157 is the National Traffic and Motor Vehicle 1983 Saab 900 originally manufactured vehicle eligibility number assigned to Safety Act (the Act)), a motor vehicle for importation into and sale in the vehicles admissible under this decision. that was not originally manufactured to United States and certified under 49 U.S.C. 30115, and is capable of being Final Decision conform to all applicable Federal motor vehicle safety standards shall be refused readily altered to conform to all Accordingly, on the basis of the admission into the United States unless applicable Federal motor vehicle safety foregoing, NHTSA hereby decides that a NHTSA has decided that the motor standards. 1995 Mercedes-Benz C220 (Model ID vehicle is substantially similar to a Authority: 49 U.S.C. 30141(a)(1)(A) and 202.022) not originally manufactured to motor vehicle originally manufactured (b)(1); 49 CFR 593.8; delegations of authority comply with all applicable Federal at 49 CFR 1.50 and 501.8. motor vehicle safety standards is for importation into and sale in the United States, certified under 49 U.S.C. Issued on: June 13, 1996. substantially similar to a 1995 Marilynne Jacobs, Mercedes-Benz C220 originally 30115 (formerly section 114 of the Act), Director, Office of Vehicle Safety Compliance. manufactured for importation into and and of the same model year as the sale in the United States and certified model of the motor vehicle to be [FR Doc. 96–15528 Filed 6–18–96; 8:45 am] under 49 U.S.C. § 30115, and is capable compared, and is capable of being BILLING CODE 4910±59±P of being readily altered to conform to all readily altered to conform to all applicable Federal motor vehicle safety applicable Federal motor vehicle safety [Docket No. 96±059; Notice 1] standards. standards. Petitions for eligibility decisions may Authority: 49 U.S.C. 30141(a)(1)(A) and Notice of Receipt of Petition for (b)(1); 49 CFR 593.8; delegations of authority be submitted by either manufacturers or Decision That Nonconforming 1993 at 49 CFR 1.50 and 501.8. importers who have registered with Mercedes-Benz 420E and 1994±1996 Issued on: June 13, 1996. NHTSA pursuant to 49 CFR Part 592. As Mercedes-Benz E420 Passenger Cars Marilynne Jacobs, specified in 49 CFR 593.7, NHTSA Are Eligible for Importation publishes notice in the Federal Register Director, Office of Vehicle Safety Compliance. of each petition that it receives, and AGENCY: National Highway Traffic [FR Doc. 96–15527 Filed 6–18–96; 8:45 am] affords interested persons an Safety Administration, DOT. BILLING CODE 4910±59±M opportunity to comment on the petition. ACTION: Notice of receipt of petition for At the close of the comment period, decision that nonconforming 1993 [Docket No. 96±33; Notice 2] NHTSA decides, on the basis of the Mercedes-Benz 420E and 1994–1996 petition and any comments that it has Mercedes-Benz E420 passenger cars are Decision That Nonconforming 1983 received, whether the vehicle is eligible eligible for importation. Saab 900 Passenger Cars Are Eligible for importation. The agency then SUMMARY: This notice announces receipt for Importation publishes this decision in the Federal by the National Highway Traffic Safety Register. AGENCY: National Highway Traffic Administration (NHTSA) of a petition Safety Administration (NHTSA), DOT. Pierre Enterprises Southeast Inc. of for a decision that 1993 Mercedes-Benz ACTION: Notice of decision by NHTSA Fort Pierce, Florida (Registered Importer 420E and 1994–1996 Mercedes-Benz that nonconforming 1983 Saab 900 R–96–098) petitioned NHTSA to decide E420 passenger cars that were not passenger cars are eligible for whether 1983 Saab 900 passenger cars originally manufactured to comply with importation. are eligible for importation into the all applicable Federal motor vehicle United States. NHTSA published notice safety standards are eligible for SUMMARY: This notice announces the of the petition on April 9, 1996 (61 FR importation into the United States decision by NHTSA that 1983 Saab 900 15865) to afford an opportunity for because (1) They are substantially passenger cars not originally public comment. The reader is referred similar to vehicles that were originally manufactured to comply with all to that notice for a thorough description manufactured for importation into and applicable Federal motor vehicle safety of the petition. No comments were sale in the United States and that were standards are eligible for importation received in response to the notice. certified by their manufacturer as into the United States because they are Based on its review of the information complying with the safety standards, substantially similar to a vehicle submitted by the petitioner, NHTSA has and (2) they are capable of being readily originally manufactured for importation decided to grant the petition. altered to conform to the standards. into and sale in the United States and DATES: The closing date for comments Vehicle Eligibility Number for Subject certified by its manufacturer as on the petition is July 19, 1996. Vehicles complying with the safety standards ADDRESSES: Comments should refer to (the U.S.-certified version of the 1983 The importer of a vehicle admissible the docket number and notice number, Saab 900), and they are capable of being under any final decision must indicate and be submitted to: Docket Section, readily altered to conform to the on the form HS–7 accompanying entry Room 5109, National Highway Traffic standards. the appropriate vehicle eligibility Safety Administration, 400 Seventh St., DATES: This decision is effective as of number indicating that the vehicle is SW., Washington, DC 20590. [Docket June 19, 1996. eligible for entry. VSP–158 is the hours are from 9:30 am to 4 pm] FOR FURTHER INFORMATION CONTACT: vehicle eligibility number assigned to FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle vehicles admissible under this decision. George Entwistle, Office of Vehicle Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31221

Safety Compliance, NHTSA (202–366– compliance with most applicable view mirror, which is convex, with a 5306). Federal motor vehicle safety standards. U.S.-model component. G&K submitted information with its Standard No. 114 Theft Protection: SUPPLEMENTARY INFORMATION: petition intended to demonstrate that installation of a buzzer microswitch in Background the non-U.S. certified 1993 Mercedes- the steering lock assembly, and a Under 49 U.S.C. § 30141(a)(1)(A) Benz 420E and 1994–1996 Mercedes- warning buzzer. (formerly section 108(c)(3)(A)(i)(I) of the Benz E420, as originally manufactured, Standard No. 115 Vehicle National Traffic and Motor Vehicle conform to many Federal motor vehicle Identification Number: installation of a Safety Act (the Act)), a motor vehicle safety standards in the same manner as VIN plate that can be read from outside that was not originally manufactured to the U.S. certified 1993 Mercedes-Benz the left windshield pillar, and a VIN conform to all applicable Federal motor 420E and 1994–1996 Mercedes-Benz reference label on the edge of the door vehicle safety standards shall be refused E420, or are capable of being readily or latch post nearest the driver. admission into the United States unless altered to conform to those standards. Standard No. 118 Power Window NHTSA has decided that the motor Specifically, the petitioner claims that Systems: rewiring of the power window vehicle is substantially similar to a the non-U.S. certified 1993 Mercedes- system so that the window transport is motor vehicle originally manufactured Benz 420E and 1994–1996 Mercedes- inoperative when the ignition is for importation into and sale in the Benz E420 are identical to the U.S. switched off. United States, certified under 49 U.S.C. certified 1993 Mercedes-Benz 400E and Standard No. 208 Occupant Crash § 30115 (formerly section 114 of the 1994–1996 Mercedes-Benz E420 with Protection: installation of a seat belt Act), and of the same model year as the respect to compliance with Standards warning buzzer. The petitioner states model of the motor vehicle to be Nos. 102 Transmission Shift Lever that the vehicle is equipped with an compared, and is capable of being Sequence . . . ., 103 Defrosting and automatic restraint system consisting of readily altered to conform to all Defogging Systems, 104 Windshield a driver’s and passenger’s side air bag applicable Federal motor vehicle safety Wiping and Washing Systems, 105 and knee bolsters. The petitioner further standards. Hydraulic Brake Systems, 106 Brake states that the vehicle is equipped with Petitions for eligibility decisions may Hoses, 107 Reflecting Surfaces, 109 New Type 2 seat belts in the front and rear be submitted by either manufacturers or Pneumatic Tires, 113 Hood Latch outboard designated seating positions, importers who have registered with Systems, 116 Brake Fluid, 124 and with a Type 1 seat belt in the rear NHTSA pursuant to 49 CFR Part 592. As Accelerator Control Systems, 201 center designated seating position. specified in 49 CFR 593.7, NHTSA Occupant Protection in Interior Impact, Standard No. 214 Side Impact publishes notice in the Federal Register 202 Head Restraints, 203 Impact Protection: installation of door beams. of each petition that it receives, and Protection for the Driver From the Standard No. 301 Fuel System Integrity: affords interested persons an Steering Control System, 204 Steering installation of a rollover valve in the opportunity to comment on the petition. Control Rearward Displacement, 205 fuel tank vent line between the fuel tank At the close of the comment period, Glazing Materials, 206 Door Locks and and the evaporative emissions NHTSA decides, on the basis of the Door Retention Components, 207 collection canister. petition and any comments that it has Seating Systems, 209 Seat Belt Additionally, the petitioner states that received, whether the vehicle is eligible Assemblies, 210 Seat Belt Assembly the bumpers on the non-U.S. certified for importation. The agency then Anchorages, 211 Wheel Nuts, Wheel 1993 Mercedes-Benz 420E and 1994– publishes this decision in the Federal Discs and Hubcaps, 212 Windshield 1996 Mercedes-Benz E420 must be Register. Retention, 216 Roof Crush Resistance, reinforced to comply with the Bumper G&K Automotive Conversion, Inc. of 219 Windshield Zone Intrusion, and 302 Standard found in 49 CFR Part 581. Santa Ana, California (‘‘G&K’’) Flammability of Interior Materials. The petitioner further states that (Registered Importer No. R–90–007) has Petitioner also contends that the before the vehicle will be imported into petitioned NHTSA to decide whether vehicle is capable of being readily the United States, its VIN will be 1993 Mercedes-Benz 420E and 1994– altered to meet the following standards, inscribed on fourteen major car parts, 1996 Mercedes-Benz E420 passenger in the manner indicated: and a theft prevention certification label cars are eligible for importation into the Standard No. 101 Controls and will be affixed, in compliance with the United States. The vehicles which G&K Displays: (a) substitution of a lens Theft Prevention Standard in 49 CFR believes are substantially similar are the marked ‘‘Brake’’ for a lens with an ECE Part 541. 1993 Mercedes-Benz 400E and 1994– symbol on the brake failure indicator Interested persons are invited to 1996 Mercedes-Benz E420. G&K has lamp; (b) placement of the appropriate submit comments on the petition submitted information indicating that symbol on the seat belt warning lamp; described above. Comments should refer Daimler Benz, A.G., the company that (c) recalibration of the speedometer/ to the docket number and be submitted manufactured the 1993 Mercedes-Benz odometer from kilometers to miles per to: Docket Section, National Highway 400E and 1994–1996 Mercedes-Benz hour. Traffic Safety Administration, Room E420, certified those vehicles as Standard No. 108 Lamps, Reflective 5109, 400 Seventh Street, S.W., conforming to all applicable Federal Devices and Associated Equipment: (a) Washington, DC 20590. It is requested motor vehicle safety standards and installation of U.S.-model headlamp but not required that 10 copies be offered them for sale in the United assemblies and front sidemarkers; (b) submitted. States. installation of U.S.-model taillamp All comments received before the The petitioner contends that it assemblies which incorporate rear close of business on the closing date carefully compared the non-U.S. sidemarkers; (c) installation of a high indicated above will be considered, and certified 1993 Mercedes-Benz 420E and mounted stop lamp. will be available for examination in the 1994–1996 Mercedes-Benz E420 to the Standard No. 110 Tire Selection and docket at the above address both before U.S.-certified 1993 Mercedes-Benz 400E Rims: installation of a tire information and after that date. To the extent and 1994–1996 Mercedes-Benz E420, placard. possible, comments filed after the and found those vehicles to be Standard No. 111 Rearview Mirrors: closing date will also be considered. substantially similar with respect to replacement of the passenger side rear Notice of final action on the petition 31222 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices will be published in the Federal By the Board, David M. Konschnik, employees, a petition for partial Register pursuant to the authority Director, Office of Proceedings. revocation under 49 U.S.C. 10502(d) indicated below. Vernon A. Williams, must be filed. Secretary. Provided no formal expression of Authority: 49 U.S.C. 30141(a)(1)(A) and [FR Doc. 96–15591 Filed 6–18–96; 8:45 am] intent to file an offer of financial (b)(1); 49 CFR 593.8; delegations of authority BILLING CODE 4915±00±P assistance (OFA) has been received, this at 49 CFR 1.50 and 501.8. exemption will be effective on July 19, Issued on: June 13, 1996. 1996, unless stayed pending Marilynne Jacobs, [STB Docket No. AB±3 (Sub-No. 135X)] reconsideration. Petitions to stay that do not involve environmental issues,3 Director, Office of Vehicle Safety Compliance. Missouri Pacific Railroad CompanyÐ formal expressions of intent to file an [FR Doc. 96–15529 Filed 6–18–96; 8:45 am] Abandonment ExemptionÐin Henry OFA under 49 CFR 1152.27(c)(2),4 and BILLING CODE 4910±59±P County, MO trail use/rail banking requests under 49 [STB Docket No. 456 (Sub-No. 2X)] CFR 1152.29 5 must be filed by July 1, Surface Transportation Board 1 Missouri and Northern Arkansas 1996. Petitions to reopen or requests for Railroad—Discontinuance of Service public use conditions under 49 CFR 1152.28 must be filed by July 9, 1996, [STB Finance Docket No. 32960] Exemption—in Henry County, MO Missouri Pacific Railroad Company with: Office of the Secretary, Case Control Branch, Surface Transportation The Locomotive Preservation & (MP) and Missouri and Northern Board, 1201 Constitution Avenue, N.W., Operating Group, Inc., d/b/a The Arkansas Railroad (MNA) have filed a Washington, DC 20423. Sheffield Station Junction RailwayÐ notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments and A copy of any petition filed with the Lease and Operation ExemptionÐ Board should be sent to applicant’s Armco Asset Management Discontinuances for MP to abandon and MNA to discontinue service over representative: Joseph D. Anthofer, General Attorney, Missouri Pacific The Locomotive Preservation & approximately 2.65 miles of the FPE Spur-North Clinton Line (portion of the Railroad Company, 1416 Dodge Street, Operating Group, Inc., doing business as Clinton Branch) from milepost 262.6 at Room 830, Omaha, NE 68179; and The Sheffield Station Junction Railway, the end of the line near FPE Spur to Henry W. Weller, General Manager, a noncarrier, has filed a verified notice milepost 265.25 near North Clinton, in Missouri and Northern Arkansas of exemption under 49 CFR 1150.31 to Henry County, MO.2 Railroad, 514 Orner Street, P.O. Box lease and operate approximately 20 MP and MNA certify that: (1) no local 776, Carthage, MO 64836. miles of rail lines located within the traffic has moved over the line for at If the verified notice contains false or Sheffield Station Industrial Park, Kansas least 2 years; (2) there is no overhead misleading information, the exemption City, MO, and owned by Armco Asset traffic to be rerouted from the line; (3) is void ab initio. Management, a unit of Armco, Inc. The no formal complaint filed by a user of MP and MNA have filed an environmental report which addresses proposed transaction was to be rail service on the line (or by a state or the abandonment’s effects, if any, on the consummated on the date of final local government entity acting on behalf environment and historic resources. The agreement of the parties, but not sooner of such user) regarding cessation of Section of Environmental Analysis than May 27, 1996 (the effective date of service over the line either is pending (SEA) will issue an environmental with the Board or with any U.S. District the exemption). assessment (EA) by June 24, 1996. Court or has been decided in favor of If the notice contains false or Interested persons may obtain a copy of complainant within the 2-year period; misleading information, the exemption the EA by writing to SEA (Room 3219, and (4) the requirements at 49 CFR is void ab initio. Petitions to revoke the Surface Transportation Board, 1105.7 (environmental reports), 49 CFR exemption under 49 U.S.C. 10502(d) Washington, DC 20423) or by calling 1105.8 (historic reports), 49 CFR may be filed at any time. The filing of Elaine Kaiser, Chief of SEA, at (202) 1105.11 (transmittal letter), 49 CFR 927–6248. Comments on environmental a petition to revoke will not 1105.12 (newspaper publication), and automatically stay the transaction. and historic preservation matters must 49 CFR 1152.50(d)(1) (notice to be filed within 15 days after the EA An original and 10 copies of all governmental agencies) have been met. becomes available to the public. pleadings, referring to STB Finance As a condition to use of this Environmental, historic preservation, Docket No. 32960, must be filed with exemption, any employee adversely public use, or trail use/rail banking the Surface Transportation Board, Office affected by the abandonment shall be conditions will be imposed, where of the Secretary, Case Control Branch, protected under Oregon Short Line R. appropriate, in a subsequent decision. Co.—Abandonment—Goshen, 360 I.C.C. 1201 Constitution Avenue, N.W., Decided: June 11, 1996. Washington, DC 20423 and served on: 91 (1979). To address whether this condition adequately protects affected D. J. Roberts, Sheffield Station Junction 3 The Board will grant a stay if an informed Railway, P. O. Box 266217, Kansas City, decision on environmental issues (whether raised 1 MO 64126–6217. The ICC Termination Act of 1995, Pub. L. No. by a party or by the Board’s Section of 104–88, 109 Stat. 803, which was enacted on Environmental Analysis in its independent Decided: June 11, 1996. December 29, 1995, and took effect on January 1, investigation) cannot be made before the 1996, abolished the Interstate Commerce exemption’s effective date. See Exemption of Out- Commission and transferred certain functions to the of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 1 The ICC Termination Act of 1995, Pub. L. No. Surface Transportation Board (Board). This notice request for a stay should be filed as soon as possible relates to functions that are subject to the Board’s so that the Board may take appropriate action before 104–88, 109 Stat. 803, which was enacted on jurisdiction pursuant to 49 U.S.C. 10903. the exemption’s effective date. December 29, 1995, and took effect on January 1, 2 The Board vacated a shorter segment previously 4 See Exempt. of Rail Abandonment—Offers of 1996, abolished the Interstate Commerce sought in a joint exemption filed by MP and MNA, Finan. Assist., 4 I.C.C.2d 164 (1987). Commission and transferred certain functions to the See Missouri Pacific Railroad Company— 5 The Board will accept late-filed trail use Surface Transportation Board (Board). This notice Abandonment Exemption—in Henry County, MO, requests so long as the abandonment has not been relates to functions that are subject to Board STB Docket No. AB–3—Sub-No. 128X), et al. (ICC consummated and the abandoning railroad is jurisdiction pursuant to 49 U.S.C. 10901. served Feb. 6, 1996). willing to negotiate an agreement. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31223

By the Board, David M. Konschnik, Bureau of Alcohol, Tobacco and region, distinguishable from all other Director, Office of Proceedings. Firearms wines, under 27 CFR 4.24(c)(1). Vernon A. Williams, (4) To determine when a brand name [Docket No. 829; Ref: ATF O 1130.2] Secretary. has viticultural significance, under 27 CFR 4.39(i). [FR Doc. 96–15592 Filed 6–18–96; 8:45 am] Delegation Order; Delegation to (5) To allow the use of product names BILLING CODE 4915±00±P Bureau Headquarters Personnel of with specific geographical significance Authorities of the Director in 27 CFR that because of their long usage are Parts 4, 5, and 7, Federal Alcohol recognized by consumers as fanciful Administration (FAA) Act product names and not representations DEPARTMENT OF THE TREASURY 1. Purpose. This order delegates as to origin; and to require the label to certain authorities of the Director to bear a statement disclaiming the [Treasury Order 111±02] Bureau Headquarters Enforcement geographical reference as a representation as to the origin of the Temporary Arrangements for personnel. 2. Cancellation. wine, under 27 CFR 4.39(j). Functions Relating to Tax Policy, (6) To determine as generic those a. ATF O 1100.124A, Delegation Delegation of Authority geographical names or distinctive places Order—Delegation to the Associate for distilled spirits or malt beverages, Director (Compliance Operations) of Dated: June 12, 1996. which have by usage and common Authorities of the Director in 27 CFR Pursuant to the authority vested in the knowledge lost their geographical Parts 4, 5, and 7, Federal Alcohol Secretary of the Treasury, including the significance to such an extent that they Administration (FAA) Act, dated April have become generic, under 27 CFR authority vested by 31 U.S.C. 321(b), 12, 1984, is canceled. and notwithstanding Treasury Order 5.22(k)(2), 5.22(1)(2) and 7.24(g). b. Specific authorities relating to 27 b. ATF Specialist, in the Product (TO) 101–05 (dated May 4, 1995), it is CFR Parts 4, 5, and 7, as outlined in ordered that the following arrangements Compliance Branch, is delegated paragraph 5.b. of ATF O 1100.142, authority to take final action on the shall be temporarily in effect with Delegation Order—Redelegation by the respect to tax policy functions. following matters: Associate Director (Compliance (1) To determine whether a brand 1. The Director, Tax Advisory Operations) of Certain Authorities in name, either when qualified by the Program for Central and Eastern Europe Title 27 of the Code of Federal word ‘‘brand’’ or when not so qualified, and the Former Soviet Union, shall Regulations, are canceled. conveys no erroneous impression as to report through the Deputy Secretary to 3. Background. Under current the age, origin, identity, or other the Secretary, and shall be authorized to regulations, the Director has the characteristics of the product, under 27 use the title of, and sign all authority to take final action on matters CFR 4.33(b), 5.34(a), and 7.23(b). correspondence as, Acting Assistant relating to the labeling and advertising (2) To approve methods for Secretary (Tax Policy). of wine, distilled spirits, and beer. The permanently marking the net contents Bureau has determined that certain of on bottles, under 27 CFR 4.37(c) and 2. All duties and powers carried out these authorities should, in the interest 5.38(c). by the Assistant Secretary (Tax Policy) of efficiency, be redelegated to a lower (3) To require the submission of a full prior to the date of this Order, including organizational level. and accurate statement of the contents all powers and duties described in TO 4. Delegations. Under the authority of containers and bottles to which labels 111–01, dated March 16, 1981, shall be vested in the Director, Bureau of are to be or have been affixed, under 27 carried out by the Acting Assistant Alcohol, Tobacco and Firearms, by CFR 4.38(h) and 5.33(g). Secretary (Tax Policy). Treasury Department Order No. 120–01, (4) To prohibit any statement, design, 3. Those officials subject to the dated June 6, 1972 (formerly Treasury device, or representation of or relating supervision of the Assistant Secretary Department Order No. 221). to analyses, standards, tests, guarantees, (Tax Policy) pursuant to TO 101–05 a. The Chief, Product Compliance irrespective of falsity, which is likely to (dated May 4, 1995) shall report to the Branch is delegated authority to take mislead the consumer, on a container or Acting Assistant Secretary (Tax Policy). final action on the following matters: bottle of wine, distilled spirits, or malt (1) To determine, pursuant to beverage, or on any label on such 4. Redelegation. The duties and application, whether wine made from container, or (with concurrence of the powers assigned by this Order may be any variety of any species which is too Chief, Market Compliance Branch) any redelegated. Any such redelegation shall strongly flavored at 75 percent individual covering, carton, or other be in writing. minimum varietal content may be wrapper of such container, or any 5. Effective Date. The foregoing labeled with the varietal name, under 27 written, printed, graphic, or other matter arrangements shall be effective CFR 4.23(c)(2). accompanying such container to the immediately. (2) To determine, whether a name of consumer, under 27 CFR 4.39(a)(4), geographic significance which is also 4.39(a)(5), 5.42(a)(4), 5.42(a)(5), 6. Cancellation. This temporary Order the designation of a class or type of 7.29(a)(4), and 7.29(a)(5). shall terminate without any further wine, is deemed to be generic or (5) To require that dates on labels, action when a new Assistant Secretary semigeneric, under 27 CFR 4.24(a)(1) which refer to the establishment of any (Tax Policy) executes the oath of office. and 4.24(b)(1). business or brand name, be stated in OPI: AS (Tax Policy) (3) To deem a name of geographic direct conjunction with the name of the Robert E. Rubin, significance, which has not been found person, company, or brand name to to be generic or semigeneric to be the which it refers in order to prevent Secretary of the Treasury. distinctive designation of a wine when confusion as to the person, company, or [FR Doc. 96–15514 Filed 6–18–96; 8:45 am] found that is known to the consumer brand name to which the establishment BILLING CODE 4810±25±P and to the trade as a designation of a date is applicable, under 27 CFR specific wine of a particular place or 4.39(d). 31224 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

(6) To prohibit the use of any label (14) To approve applications by UNITED STATES INSTITUTE OF which contains any statement, design, successors to adopt predecessors’ PEACE device, or pictorial representation, distilled spirits formulas, under 27 CFR which relates to or is capable of being 5.28. Announcement of Fall Unsolicited construed as relating to the Armed c. The Chief, Market Compliance Grant Competition Forces of the United States or to the Branch is delegated authority to take American flag, or any emblem, seal, final action on the following matters: AGENCY: United States Institute of Peace. insignia, or decoration associated with (1) To prohibit the use of any ACTION: Notice. the Armed Forces or the flag, under 27 advertisement for wine, distilled spirits, CFR 4.39(g), 5.42(b)(7), and 7.29(d). or malt beverages which contains any (7) To require that the words statement, design, device, or SUMMARY: The agency is Soliciting ‘‘cordial’’ or ‘‘liqueur’’ be used to representation of or relating to analyses, Applications for Projects that fall within designate a product when it is necessary standards, tests, or any guarantee, its general mandate ‘‘to promote the to clearly indicate that the product is a irrespective of falsity, which is likely to peaceful resolution of international cordial or a liqueur, under 27 CFR mislead the consumer, under 27 CFR conflict.’’ Grants may support, academic 5.35(a). 4.64(a)(4), 4.64(a)(5), 5.65(a)(4), research, curriculum development, (8) To require that the State of 5.65(a)(5), 7.54(a)(4), and 7.54(a)(5). public education, and other programs. distillation be shown on the label or to (2) To prohibit the use of an DATES: Application Material Available permit such other labeling as may be advertisement for distilled spirits which Upon Request Receipt Date for Return of necessary to negate any misleading or contains any statement, design, device, Applications: October 1, 1996. deceptive impression which may be or pictorial representation which relates Notification of Awards: February 1997. created as to the actual State of to or is capable of being construed as relating to the Armed Forces of the distillation, under 27 CFR 5.36(d). ADDRESSES: For Application Package: United States, or the American flag, or (9) To specifically exempt, pursuant United States Institute of Peace, Grant to application, liquor bottles of unusual any emblem, seal, insignia, or decoration associated with such flag or Program, 1550 M Street, NW, Suite 700, design from the ‘‘headspace’’ and Washington, DC 20005–1708, (202) 429– ‘‘design’’ requirements under 27 CFR Armed Forces, under 27 CFR 5.65(g). 5. Redelegation. The authorities in 6063 (fax), (202) 457–1719 (TTY), 5.46. this order may not be redelegated. usip—[email protected] (email). (10) To approve certificates of label 6. For Information Contact. William FOR FURTHER INFORMATION CONTACT: approval, under 27 CFR 4.40, 4.50(a), Moore, Product Compliance Branch, 5.51, 5.55(a), 7.31 and 7.41. Bureau of Alcohol, Tobacco and The Grant Program, Phone (202)–429– (11) To approve exemptions from Firearms, 650 Massachusetts Avenue, 3842. label approval, under 27 CFR 4.50(b) NW., Washington, DC 20226, (202) 927– Dated: June 12, 1996. and 5.55(b). 8140. Bernice J. Carney, (12) To issue duplicate originals of certificates of label approval or of Dated: May 29, 1996. Director, Office of Administration. certificates of exemptions, under 27 CFR John W. Magaw, [FR Doc. 96–15497 Filed 6–18–96; 8:45 am] 4.52 and 5.55(c). Director. BILLING CODE 3155±01±M (13) To approve distilled spirits [FR Doc. 96–15496 Filed 6–18–96; 8:45 am] formulas, under 27 CFR 5.26. BILLING CODE 4810±31±P 31225

Corrections Federal Register Vol. 61, No. 119

Wednesday, June 19, 1996

This section of the FEDERAL REGISTER Monday, June 10, 1996, in the second May 7, 1996, make the following contains editorial corrections of previously column, TIME: should read ‘‘8 a.m. - 5:30 correction: published Presidential, Rule, Proposed Rule, p.m. (est) and 1:30 p.m. - 5 p.m. (est).’’. and Notice documents. These corrections are § 52.1885 [Corrected] prepared by the Office of the Federal BILLING CODE 1505±01±D Register. Agency prepared corrections are On page 20472, in the third column, issued as signed documents and appear in in § 52.1885, in paragraph (b), the the appropriate document categories ENVIRONMENTAL PROTECTION paragraph designated ‘‘(9)’’ should read elsewhere in the issue. AGENCY ‘‘(10)’’. 40 CFR Part 52 BILLING CODE 1505±01±D DEPARTMENT OF EDUCATION [OH92-1 & OH79-3; FRL-5458-8]

President's Advisory Commission on Approval and Promulgation of Educational Excellence for Hispanic Implementation Plans and Designation of Areas for Air Quality Planning Americans; Meeting Purposes; Ohio Correction Correction In notice document 96–14566 In rule document 96–11133 beginning appearing on page 29362 in the issue of on page 20458 in the issue of Tuesday, federal register June 19,1996 Wednesday Zone OffAlaska;FinalRule Fisheries oftheExclusiveEconomic 50 CFRPart671,etal. 15 CFRPart902 Administration National OceanicandAtmospheric Commerce Department of Part II 31227 31228 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

DEPARTMENT OF COMMERCE Performance Review and calls for of regulations that is more concise, comprehensive regulatory reform. The clearer, and easier to use than the six National Oceanic and Atmospheric President directed all agencies to separate parts. The consolidation and Administration undertake a review of all their restructuring of the general fisheries regulations, with an emphasis on regulations at 50 CFR part 620 into part 15 CFR Part 902 eliminating or modifying those that are 600 is done in a separate rulemaking obsolete, duplicative, or otherwise in action; many provisions in these general 50 CFR Parts 671, 672, 673, 675, 676, need of reform. This final rule is fisheries regulations apply to the 677, and 679 intended to carry out the President’s fisheries in the EEZ off Alaska. [Docket No. 960531152±6152±01; I.D. directive with respect to those Reorganization of management 042996B] regulations implementing the Alaska measures within the consolidated fishery management plans (FMPs). regulations and elimination of obsolete RIN 0648±AI18 Domestic groundfish fisheries in the or duplicative provisions. In new part Fisheries of the Exclusive Economic Exclusive Economic Zone (EEZ) of the 679, NMFS has reorganized the Gulf of Alaska (GOA) and the Bering consolidated management measures in a Zone Off Alaska Sea/Aleutian Islands Management Area more logical and cohesive order. AGENCY: National Marine Fisheries (BSAI) are managed by NMFS under the Because portions of the existing Service (NMFS), National Oceanic and Fishery Management Plan for regulations contain identical or nearly Atmospheric Administration (NOAA), Groundfish of the Gulf of Alaska, which identical provisions, similar measures Commerce. is implemented by regulations at 50 CFR have been combined and restructured. ACTION: Final rule. part 672, and the Fishery Management For example, certain GOA and BSAI Plan for the Groundfish Fishery of the groundfish management measures for SUMMARY: NMFS is consolidating six Bering Sea and Aleutian Islands Area, gear requirements and restrictions, parts in title 50 of the CFR as part of the which is implemented by regulations at fishing seasons, and inseason President’s Regulatory Reform Initiative. 50 CFR part 675. The commercial adjustments previously contained in 50 This final rule does not make harvest of king and Tanner crabs is CFR parts 672 and 675 have been substantive changes to the existing managed under the Fishery combined and reorganized within regulations; rather, it reorganizes Management Plan for the Commercial subpart B of part 679. Paragraph management measures into a more King and Tanner Crab Fisheries in the headings have been added for ease in logical and cohesive order, removes Bering Sea and Aleutian Islands Area, identifying measures, and regulatory duplicative and outdated provisions, which is implemented through language has been revised to improve and makes editorial changes for regulations at 50 CFR part 671. NMFS clarity and consistency. readability, clarity, and to achieve manages the commercial harvest of As a result of the consolidation effort, uniformity in regulatory language. This scallops under the Fishery Management NMFS also identified duplicative and final rule also amends references to Plan for the Scallop Fishery off Alaska, obsolete provisions and removed those Paperwork Reduction Act (PRA) which is implemented through Federal measures from the regulations. The information-collection requirements to regulations at 50 CFR part 673. Other terms ‘‘joint venture processing (JVP)’’ reflect the consolidation. The purpose of Federal regulations that affect the and ‘‘total allowable level of foreign this final rule is to make the regulations Alaska groundfish and crab fisheries are fishing (TALFF)’’ are removed from the more concise, better organized, and set out in 50 CFR parts 676 and 677. regulations, since all fishing in the EEZ thereby easier for the public to use. General regulations that also pertain to off Alaska is done by the domestic EFFECTIVE DATE: July 1, 1996. these fisheries appear in subpart H of 50 fishing fleet. Where time was referenced ADDRESSES: Copies of the final rule for CFR part 600. The FMPs were prepared as 2359 hours, a change was made to this action may be obtained from: by the North Pacific Fishery 2400 hours for more accuracy. Text Fisheries Management Division, Alaska Management Council under the referring to the BSAI Winter Halibut Region, NMFS, 709 W. 9th Street, Room authority of the Magnuson Fishery Savings Area was removed, since it no 453, Juneau, AK 99801, or P.O. Box Conservation and Management Act. longer is used as a management 21668, Juneau, AK 99802, Attn: Lori J. Consolidation of regulations related to measure. No substantive changes were the domestic fisheries in the EEZ off made to the regulations by this Gravel. Comments regarding burden- Alaska into one CFR part (50 CFR part reorganization, or by the removal of hour estimates or other aspects of the 679). Currently, regulations duplicative and obsolete provisions. collection-of-information requirements implementing the FMPs for domestic Revisions to PRA references in 15 CFR contained in this rule should be sent to groundfish and scallop fisheries, and 902.1(b). Section 3507(c)(B)(i) of the Fisheries Management Division, Alaska the commercial king and Tanner crab PRA requires that agencies inventory Region, NMFS, at the above address and fisheries in the BSAI area are contained and display a current control number to the Office of Information and in six separate parts of title 50 of the assigned by the Director, Office of Regulatory Affairs, OMB, Washington, CFR, in addition to general provisions Management and Budget (OMB), for DC 20503 (Attn: NOAA Desk Officer). for foreign fisheries contained in part each agency information collection. FOR FURTHER INFORMATION CONTACT: 600. NMFS, through this rulemaking, Section 902.1(b) identifies the location Patsy A. Bearden, NMFS, 907–586– removes the six parts (50 CFR parts 671, of NOAA regulations for which OMB 7228. 672, 673, 675, 676, and 677) and approval numbers have been issued. SUPPLEMENTARY INFORMATION: consolidates the regulations contained Because this final rule recodifies many therein into one new part (50 CFR part recordkeeping and reporting Background 679). This consolidated regulation requirements, 15 CFR 902.1(b) is revised In March 1995, President Clinton provides the public with a single to reference correctly the new sections issued a directive to Federal agencies reference source for the Federal fisheries resulting from the consolidation. regarding their responsibilities under regulations specific to the EEZ off Under NOAA Organization his Regulatory Reform Initiative. This Alaska. The restructuring of the six Handbook, Transmital #34, dated May initiative is part of the National parts into a single part results in one set 31, 1993, the Under Secretary for Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31229

Oceans and Atmosphere has delegated (c) Approved under 0648–0269— notifying contractors of needs for to the Assistant Administrator for Western Alaska Community observers, (3) 1.0 hour per response to Fisheries, NOAA, the authority to sign Development Quota (CDQ) Program: (1) provide information to document claims material for publication in the Federal Community Development Plan (CDP) of disputed bills, and (4) 0.16 hour per Register. application estimated at 160 hours per response for the first year of the response, (2) annual report estimated at Research Plan for completion of FPP–2 Classification 40 hours for each annual report, (3) each by observer contractors for payment of This action has been determined to be final report estimated at 40 hours, (4) observer coverage by processor vessels not significant for purposes of E.O. each substantial amendment to a and shoreside processing facilities. 12866. pollock fishery CDP estimated at 30 (f) Approved under 0648–0282— Because this rule makes only hours, and technical amendments Alaska Groundfish and Crab Vessel nonsubstantive changes to existing estimated at 4 hours, (5) each Moratorium Program: (1) Federal regulations originally issued after prior amendment to a sablefish/halibut groundfish and BSAI crab permit notice and an opportunity for public fishery CDP estimated at 10 hours, (6) application estimated at 0.33 hour per comment, the Assistant Administrator appeal of a Quota Share (QS) response, (2) application for transfer of for Fisheries, NOAA, under 5 U.S.C. application for the sablefish/halibut moratorium permit estimated at 0.5 553(b)(B), for good cause finds that CDQ program estimated at 4 hours, (7) hour per response, (3) reconstruction providing such procedures for this annual reconciliation budget report for reporting requirement estimated at 0.5 rulemaking is unnecessary. Because this pollock estimated at 40 hours, (8) for the hour per response, (4) transfer of lost or rule is not substantive, it is not subject pollock CDQ fishery, reporting destroyed vessel moratorium to a 30-day delay in effective date under requirements also include catch qualification reporting requirement 5 U.S.C. 553(d). messages estimated at 5 minutes per estimated at 0.5 hour per response, (5) Notwithstanding any other provision response, scale printout retention salvage of lost or destroyed vessel of law, no person is required to respond estimated at 8 minutes per response, bin reporting requirement estimated at 0.5 to nor shall a person be subject to a certification estimated at 8 hours per hour per response, (6) halibut penalty for failure to comply with a response, and notifications of CDQ supplementary information reporting collection of information subject to the landings estimated at 2 minutes per requirement estimated at 0.5 hour per requirements of the PRA unless that response, and (9) for the sablefish/ response, and (7) time to file an appeal collection of information displays a halibut CDQ fishery, reporting estimated at 0.5 hour per appeal. currently valid OMB control number. requirements include changes to the list (g) Approved under 0648–0305— This rule contains collection-of- of CDQ cardholders estimated at 0.5 Estimated response time for information requirements subject to the hour per response, changes to sablefish/ identification of longline marker buoys PRA. The following collections of halibut CDP’s list of vessels estimated at is 0.25 hour per buoy. information have already been approved 1 hour per response, and replacement of (h) Approved under 0648–0307—Net- by OMB: CDQ permits and cards estimated at 0.5 sounder device required for pelagic (a) Approved under 0648–0206— hour per response. trawl gear when trawling in waters of Alaska permits: (1) Permit application (d) Approved under 0648–0272—IFQ the EEZ in the vicinity around Kodiak for Federal fisheries permit estimated at Program: (1) Estimated response time Island: Estimated time to snap-on device 0.33 hour per response, (2) permit during the 2-year implementation and to remove device each time it is application for high seas power trollers period is expected to be 5.5 hours for used is 5 minutes (10 minutes per tow). in salmon fishery (currently proposed the QS application, (2) 4 hours to file an North Pacific Fisheries Research Plan for withdrawal) estimated at 0.50 hour appeal on a QS application, (3) 2 hours electronic transmission of observer data: per response, and (3) permit application for an IFQ crew member eligibility Estimated time for installation of for experimental fishing estimated at 30 application, (4) estimated response time equipment varies with type of Inmarsat hours per response. during each year after the Communication Unit being installed on (b) Approved under 0648–0213— implementation period is 1 hour for board the vessel. For Standard A unit, Alaska Region Logbook Family of notification of inheritance of QS, (5) 2 installation is estimated at 9 hours per Forms: (1) Buying Station Daily hours for the application for transfer or vessel. For Standard C units, installation Cumulative Logbook (DCL) estimated at lease of QS/IFQ, (6) 2 hours for the is estimated at 13 hours per vessel. 0.42 hour per response, (2) Buying corporate/ partnership or other entity The estimated response times shown Station Check-in/Check-out Report transfer application, (7) 0.5 hour for the include the time for reviewing estimated at 0.10 hour per response, (3) registered buyer application, (8) 0.5 instructions, searching existing data Daily Cumulative Production Logbook hour per request for application for sources, gathering and maintaining the (DCPL) estimated at 0.45 hour per additional card, (9) 0.2 hour for prior data needed, and completing and response, (4) Daily Fishing Logbook notice of landing, (10) 0.1 hour for reviewing the collection of information. (DFL) estimated at 0.25 hour per permission to land IFQs at any time Send comments regarding burden response, (5) Weekly Production Report other than 0600–1800 hours, (11) 0.1 estimates, or any other aspect of the data (WPR) estimated at 0.30 hour per hour for the vessel clearance requirements, including suggestions for response, (6) Daily Production Report application, (12) 0.2 hour for the IFQ reducing the burden, to NMFS and OMB (DPR) estimated at 0.17 hour per landing report, (13) 0.1 hour for a (see ADDRESSES). response, (7) Product Transfer Reports transshipment notice, (14) 0.2 hour for List of Subjects estimated at 0.18 hour per response, (8) the shipment or transfer report, and (15) Processor Check-in/Check-out Reports application for transfer of IFQ estimated 15 CFR Part 902 estimated at 0.13 hour per response, (9) at 2 hours per response. Reporting and Recordkeeping U.S. Vessel Activity Report (VAR) (e) Approved under 0648–0280— Requirements. estimated at 0.25 hour per response, and North Pacific Fisheries Research Plan (10) Alaska Commercial Operator’s (Research Plan): (1) 0.5 hour per 50 CFR Part 671 Annual Report (ACOAR) estimated at 6 response for completing the semiannual Fisheries, Fishing, Reporting and hours per response. FPP–1, (2) 0.25 hour per response for recordkeeping requirements. 31230 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

50 CFR Parts 672, 675, 677, and 679 CFR part or section Current OMB con- Subpart FÐScallop Fishery off Alaska where the information trol number (all 679.60 Prohibitions. Fisheries, Reporting and collection requirement is numbers begin with recordkeeping requirements. Figures—Part 679 located 0648±) Figure 1—BSAI Statistical and Reporting 50 CFR Part 673 Areas 679.43 ...... 0272, 0282 Figure 2—BSAI Catcher Vessel Operational Fisheries. 679.50 ...... 0280 Area 679.51 ...... 0280, 0307 50 CFR Part 676 Figure 3—Gulf of Alaska Statistical and 679.52 ...... 0280, 0307 Reporting Areas Alaska, Fisheries, Reporting and Figure 4—Herring Savings Areas in the BSAI recordkeeping requirements. * * * * * Figure 5—Kodiak Island Areas Closed to Dated: June 4, 1996. Nonpelagic Trawl Gear 3. Parts 671, 672, 673, 675, 676, and Figure 6—Length Overall of a Vessel Gary Matlock, 677 [Removed] Figure 7—Location of Trawl Gear Test Areas Program Management Officer, National in the GOA and the BSAI Marine Fisheries Service. 3. Parts 671, 672, 673, 675, 676, and Tables—Part 679 For the reasons set out in the 677 are removed. Table 1—Product Codes Table 2—Species Codes preamble, 15 CFR chapter IX and, under 4. Part 679 is added to read as follows: Table 3—Product Recovery Rates for the authority of 16 U.S.C. 773 et seq. Groundfish Species and 16 U.S.C. 1801 et seq., 50 CFR PART 679ÐFISHERIES OF THE Table 4—Bering Sea Subarea Steller Sea Lion chapter VI are amended as follows: EXCLUSIVE ECONOMIC ZONE OFF Protection Areas 15 CFR CHAPTER IX ALASKA Table 5—Aleutian Islands Subarea Steller Sea Lion Protection Areas PART 902ÐNOAA INFORMATION Subpart AÐGeneral Table 6—Gulf of Alaska Steller Sea Lion COLLECTION REQUIREMENTS UNDER Sec. Protection Areas 679.1 Purpose and scope. Table 7—Communities Determined to be THE PAPERWORK REDUCTION ACT: Eligible to Apply for Community 679.2 Definitions. OMB CONTROL NUMBERS Development Quotas 679.3 Relation to other laws. Table 8—Harvest Zone Codes for Use with 1. The authority citation for part 902 679.4 Permits. Product Transfer Reports and Vessel 679.5 Recordkeeping and reporting. continues to read as follows: Activity Reports 679.6 Experimental fisheries. Authority: 44 U.S.C. 3501 et seq. Table 9—Required Logbooks, Reports, and 679.7 Prohibitions. Forms from Participants in the Federal 2. In § 902.1, paragraph (b), the table 679.8 Facilitation of enforcement. Groundfish Fisheries is amended by removing in the left 679.9 Penalties. Table 10—Gulf of Alaska Retainable column under 50 CFR, the entries Subpart BÐManagement Measures Percentages ‘‘672.4’’, ‘‘672.5’’, ‘‘672.6’’, ‘‘672.24’’, Table 11—Bering Sea and Aleutian Islands ‘‘674.4’’, ‘‘675.4’’, ‘‘675.5’’, ‘‘675.6’’, 679.20 General limitations. Management Area Retainable 679.21 Prohibited species bycatch Percentages ‘‘675.24’’, ‘‘675.27’’, ‘‘676.3’’, ‘‘676.4’’, management. ‘‘676.5’’, ‘‘676.13’’, ‘‘676.14’’, ‘‘676.17’’, 679.22 Closures. Authority: 16 U.S.C. 773 et seq., 1801 et seq. ‘‘676.20’’, ‘‘676.21’’, ‘‘676.25’’, ‘‘677.4’’, 679.23 Seasons. ‘‘677.6’’, and ‘‘677.10’’ and by removing 679.24 Gear limitations. Subpart AÐGeneral in the right column the control numbers 679.25 Inseason adjustments. in corresponding positions; and by Subpart CÐWestern Alaska Community § 679.1 Purpose and scope. adding, in numerical order, the Development Quota Program Regulations in this part were following entries to read as follows: 679.30 General CDQ regulations. developed by the Council under the § 902.1 OMB control numbers assigned 679.31 CDQ reserve. Magnuson Act. Along with part 600 of pursuant to the Paperwork Reduction Act 679.32 Estimation of total pollock harvest this chapter, these regulations * * * * * in the CDQ fisheries (applicable through implement the following: (b) * * * December 31, 1998). (a) Fishery Management Plan for 679.33 Halibut and sablefish CDQ. Groundfish of the Gulf of Alaska. (1) CFR part or section Current OMB con- 679.34 CDQ halibut and sablefish Regulations in this part govern where the information trol number (all determinations and appeals. commercial fishing for groundfish in the collection requirement is numbers begin with Subpart DÐIndividual Fishing Quota GOA by vessels of the United States (see located 0648±) Management Measures subparts A, B, D, and E of this part). 679.40 Sablefish and halibut QS. (2) The following State of Alaska ***** 679.41 Transfer of QS and IFQ. regulations are not preempted by this 50 CFR: 679.42 Limitations on use of QS and IFQ. part for vessels regulated under this part 679.43 Determinations and appeals. fishing for demersal shelf rockfish in the ***** 679.44 Penalties. Southeast Outside District, and which 679.4 ...... 0206, 0272, 0280, are registered under the laws of the and 0282 Subpart EÐObserver Requirements/North Pacific Fisheries Research Plan State of Alaska: 5 AAC 28.110, fishing 679.5 ...... 0213, 0272 seasons; 5 AAC 28.130, gear; 5 AAC 679.6 ...... 0206 679.50 Research Plan fee. 28.160, harvest guidelines; 5 AAC 679.51 General observer requirements 679.24 ...... 0305, 0307 28.190, harvest of bait by commercial 679.30 ...... 0269 (applicable through December 31, 1996). 679.32 ...... 0269 679.52 Observer coverage requirements for permit holders. 679.33 ...... 0269 Research Plan fisheries (applicable after (b) Fishery Management Plan for the 679.34 ...... 0269 December 31, 1996). Groundfish Fishery of the Bering Sea 679.40 ...... 0213, 0272 679.53 Annual Research Plan and Aleutian Islands Area. Regulations 679.41 ...... 0272 specifications. in this part govern commercial fishing 679.42 ...... 0272 679.54 Compliance. for groundfish in the BSAI by vessels of Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31231 the United States (see subparts A, B, C, FMP (see subparts A, B, and E of this including one or more stationary, D, and E of this part). part). buoyed, and anchored lines with hooks (c) Moratorium on entry (applicable (h) Scallops. Regulations in this part attached. through December 31, 1998). implement Federal authority under the (2) Hook-and-line means a stationary, Regulations in this part govern a Magnuson Act to manage the scallop buoyed, and anchored line with hooks moratorium on the entry of new vessels fishery in the EEZ off Alaska and to attached, or the taking of fish by means in the commercial fisheries for govern commercial fishing for scallops of such a device. groundfish in the GOA and BSAI and in in the EEZ off Alaska (see subpart F of (3) Jig means a single, non-buoyed, the commercial fisheries for king and this part). non-anchored line with hooks attached, Tanner crabs in the BSAI (see subparts or the taking of fish by means of such § 679.2 Definitions. A and D of this part). a device. (d) IFQ Program for sablefish and In addition to the definitions in the (4) Longline means a stationary, halibut. The IFQ management plan for Magnuson Act and in part 600 of this buoyed, and anchored line with hooks the commercial fisheries that use fixed chapter, the terms used in this part have or two or more groundfish pots gear to harvest sablefish and halibut (see the following meanings: attached, or the taking of fish by means subparts A, B, D, and E of this part). Active/inactive periods—(1) Active of such a device. (1) Sablefish. (i) Regulations in this periods—(i) Catcher vessel. An active (5) Longline pot means a stationary, part govern commercial fishing for period for a catcher vessel means a buoyed, and anchored line with two or sablefish by vessels of the United States: period of time when the catcher vessel more pots attached, or the taking of fish (A) Using fixed gear within that is in a reporting area (except 300, 400, by means of such a device. portion of the GOA and the BSAI over 550, or 690) or gear remains on the (6) Nonpelagic trawl means a trawl which the United States exercises grounds in a reporting area (except 300, other than a pelagic trawl. exclusive fishery management authority; 400, 550, or 690), regardless of the (7) Nontrawl means hook-and-line, jig, and vessel location. longline, and pot-and-line gear. (ii) Shoreside processor, mothership, (B) Using fixed gear in waters of the (8) Pelagic trawl means a trawl that: catcher/processor, and buying station. (i) Has no discs, bobbins, or rollers; State of Alaska adjacent to the BSAI and An active period for a shoreside (ii) Has no chafe protection gear the GOA, provided that such fishing is processor, mothership, catcher/ attached to the footrope or fishing line; conducted by persons who have been processor, and buying station means a (iii) Except for the small mesh issued permits under § 679.4. period of time when checked in. allowed under paragraph (8)(ix) of this (ii) Regulations in this part do not (2) Inactive periods—(i) Catcher definition: govern commercial fishing for sablefish vessel. An inactive period for a catcher (A) Has no mesh tied to the fishing in Prince William Sound or under a vessel means any period that does not line, headrope, and breast lines with State of Alaska limited entry program. qualify as an active period. less than 20 inches (50.8 cm) between (2) Halibut. Regulations in this part (ii) Shoreside processor, mothership, knots and has no stretched mesh size of govern commercial fishing for halibut catcher/processor, or buying station. An less than 60 inches (152.4 cm) aft from by vessels of the United States using inactive period for a shoreside all points on the fishing line, headrope, fixed gear, as that term is described in processor, mothership, catcher/ and breast lines and extending past the 16 U.S.C. 773(d), in and off of Alaska. processor, or buying station means a fishing circle for a distance equal to or (e) Western Alaska CDQ Program. The period of time when not checked in. greater than one half the vessel’s LOA; goals and purpose of the CDQ program ADF&G means the State of Alaska or are to allocate CDQ to eligible Western Department of Fish and Game. (B) Has no parallel lines spaced closer Alaska communities to provide the Alaska local time (A.l.t.) means the than 64 inches (162.6 cm) from all means for starting or supporting current Alaska time, either daylight points on the fishing line, headrope, and commercial seafood activities that will savings time or standard time. breast lines and extending aft to a result in ongoing, regionally based, Alaska State waters means waters section of mesh, with no stretched mesh commercial seafood or related adjacent to the State of Alaska and size of less than 60 inches (152.4 cm) businesses (see subparts A, B, C, and E shoreward of the EEZ off Alaska. extending aft for a distance equal to or of this part). Aleutian Islands Subarea (AI) of the greater than one half the vessel’s LOA; (f) Observer requirements/Research BSAI means that portion of the EEZ (iv) Has no stretched mesh size less Plan. Regulations in this part govern contained in Statistical Areas 541, 542, than 15 inches (38.1 cm) aft of the mesh elements of the Research Plan for the and 543 (see Figure 1 of this part). described in paragraph (8)(iii) of this following fisheries under the Council’s Authorized fishing gear means fixed definition for a distance equal to or authority: BSAI groundfish, GOA gear, hook-and-line, jig, longline, greater than one half the vessel’s LOA; groundfish, BSAI king and Tanner crab longline pot, nonpelagic trawl, (v) Contains no configuration in the EEZ; and halibut from nontrawl, pelagic trawl, pot-and-line, intended to reduce the stretched mesh Convention waters off Alaska (see and trawl; defined as follows: sizes described in paragraphs (8)(iii) and subpart E of this part). (1) Fixed gear means: (iv) of this definition; (g) Fishery Management Plan for the (i) For sablefish harvested from any (vi) Has no flotation other than floats Commercial King and Tanner Crab GOA reporting area, all hook-and-line capable of providing up to 200 lb (90.7 Fisheries in the BSAI. Regulations in gear and, for purposes of determining kg) of buoyancy to accommodate the use this part govern commercial fishing for initial IFQ allocation, all pot gear used of a net-sounder device; king and Tanner crab in the BSAI by to make a legal landing. (vii) Has no more than one fishing vessels of the United States, including (ii) For sablefish harvested from any line and one footrope for a total of no regulations superseding State of Alaska BSAI reporting area, all hook-and-line more than two weighted lines on the regulations applicable to the gear and all pot gear. bottom of the trawl between the wing commercial king and Tanner crab (iii) For halibut harvested from any tip and the fishing circle; fisheries in the BSAI EEZ that are IFQ regulatory area, all fishing gear (viii) Has no metallic component determined to be inconsistent with the comprised of lines with hooks attached, except for connectors (e.g., 31232 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations hammerlocks or swivels) or a net- Bycatch Limitation Zone 2 (Zone 2) (4) With respect to the Research Plan, sounder device aft of the fishing circle means that part of the Bering Sea a vessel that is used for catching fish and forward of any mesh greater than Subarea that is contained within the and processing that fish. 5.5 inches (14.0 cm) stretched measure; boundaries of Statistical Areas 513, 517, Catcher Vessel Operational Area (ix) May have small mesh within 32 and 521 (see Figure 1 of this part). (CVOA) (see Figure 2 of this part and ft (9.8 m) of the center of the headrope Bycatch rate means: § 679.22(a)(5)). as needed for attaching instrumentation (1) For purposes of § 679.21(f) with Central Aleutian District means that (e.g., net-sounder device); and respect to halibut, means the ratio of the part of the Aleutian Islands Subarea (x) May have weights on the wing total round weight of halibut, in contained in Statistical Area 542 (see tips. kilograms, to the total round weight, in Figure 1 of this part). (9) Pot-and-line means a stationary, metric tons, of groundfish for which a Chief, RAM Division means Chief of buoyed line with a single pot attached, TAC has been specified under § 679.20 the Restricted Access Management or the taking of fish by means of such while participating in any of the Division, NMFS, Alaska Region. a device. fisheries defined under § 679.21(f). Chinook Salmon Savings Area of the (10) Trawl has the meaning specified (2) For purposes of § 679.21(f) with BSAI (see § 679.21(e)(7)(vii)(B)). in § 600.10 of this chapter. For purposes respect to red king crab, means the ratio Chum Salmon Savings Area of the of this part, this definition includes, but of number of red king crab to the total BSAI CVOA (see § 679.21(e)(7)(vi)(B)). is not limited to, Danish seines and otter round weight, in metric tons, of BSAI Clearing officer means a NMFS trawls. groundfish for which a TAC has been special agent, a NMFS fishery Basis species means any species or specified under § 679.20 while enforcement officer, or a NMFS species group that is open to directed participating in the BSAI yellowfin sole enforcement aide who performs the fishing that the vessel is authorized to and BSAI ‘‘other trawl’’ fisheries, as function of clearing vessels at one of the harvest. defined under § 679.21(f). primary ports listed in § 679.5(l)(3)(viii). Bering Sea and Aleutian Islands Bycatch species means any species or Commissioner of ADF&G means the Management Area (BSAI) means the species group for which a maximum principal executive officer of ADF&G. Bering Sea and Aleutian Islands retainable bycatch amount is calculated. Community Development Plan subareas (see Figure 1 of this part). Catcher/processor means: (CDP)(applicable through December 31, Bering Sea Subarea of the BSAI (1) With respect to groundfish 1998) means a business plan for the means that portion of the EEZ contained recordkeeping and reporting, a vessel development of a specific Western in Statistical Areas 508, 509, 512, 513, that is used for catching fish and Alaska community or group of 514, 516, 517, 518, 519, 521, 523, 524, processing that fish. communities under the CDQ Program at and 530 (see Figure 1 of this part). (2) (Applicable through December 31, § 679.30. Bimonthly refers to a time period 1998). With respect to moratorium Community Development Quota equal to 2 calendar months. For groundfish or crab species, a vessel that (CDQ) (applicable through December 31, purposes of the Research Plan, six can be used as a catcher vessel and that 1998) means a percentage of the CDQ consecutive bimonthly periods are can process or prepare fish to render it reserve for a particular fish species that established each year, as follows: suitable for human consumption, is allocated to a CDP. January 1—February 29; March 1—April industrial use, or long-term storage, Community Development Quota 30; May 1—June 30; July 1—August 31; including, but not limited to, cooking, Program (CDQ Program) (applicable September 1—October 31; and canning, smoking, salting, drying, through December 31, 1998) means the November 1—December 31. freezing, and rendering into meal or oil, Western Alaska Community Bogoslof District means that part of but not including heading and gutting Development Quota Program the Bering Sea Subarea contained in unless additional preparation is done. implemented under subpart C of this Statistical Area 518 (see Figure 1 of this (3) With respect to Research Plan part. part). fisheries, a processor vessel that is used Community Development Quota Breast line means the rope or wire for, or equipped to be used for, catching Reserve (CDQ Reserve) (applicable running along the forward edges of the fish and processing that fish. through December 31, 1998) means a side panels of a net, or along the Catcher vessel means: percentage of the TAC for a particular forward edge of the side rope in a rope (1) With respect to groundfish management area for pollock, halibut, or trawl. recordkeeping and reporting, a vessel hook-and-line sablefish that has been set Buying station means: that is used for catching fish and that aside for purposes of the CDQ program. (1) With respect to groundfish does not process on board. Council means North Pacific Fishery recordkeeping and reporting, a person (2) (Applicable through December 31, Management Council. or vessel that receives unprocessed 1998). With respect to moratorium Daily reporting period or day is the groundfish from a vessel for delivery at groundfish, as defined in paragraph (1) period from 0001 hours, A.l.t., until the a different location to a shoreside of this definition; with respect to following 2400 hours, A.l.t. processor or mothership and that does moratorium crab species, a vessel that is Directed fishing means: not process those fish. used to catch, take, or harvest (1) With respect to groundfish (2) With respect to Research Plan, a moratorium crab species that are recordkeeping and reporting, any person or vessel that receives retained on board as fresh fish product fishing activity that results in the unprocessed fish from a vessel for at any time. retention of an amount of a species or delivery to a shoreside processor or (3) With respect to IFQ species, a species group on board a vessel that is mothership and that does not process vessel that is used to catch, take, or greater than the maximum retainable those fish. harvest fish that are subsequently iced, bycatch amount for that species or Bycatch Limitation Zone 1 (Zone 1) headed, gutted, bled, or otherwise species group as calculated under means that part of the Bering Sea retained as fresh fish product on board § 679.20. Subarea that is contained within the during any fishing year, except when (2) (Applicable through December 31, boundaries of Statistical Areas 508, 509, the freezer vessel definition applies 1998). With respect to moratorium 512, and 516 (see Figure 1 of this part). during any fishing trip. groundfish species, directed fishing as Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31233 defined in paragraph (1) of this reporting periods as follows: Each (3) For hook-and-line or longline pot definition, or, with respect to fishing month begins on the first day of gear: Where the last hook-and-line or moratorium crab species, the catching the first weekly reporting period that longline pot gear of a set leaves the and retaining of any moratorium crab has at least 4 days in the associated water, regardless of where the majority species. calendar month and ends on the last day of the haul or set took place. Dockside sale means the transfer of of the last weekly reporting period that (4) For pot-and-line gear: Where the IFQ halibut or IFQ sablefish from the has at least 4 days in that same calendar last pot of a set leaves the water. person who harvested it to individuals month. Dates of each fishing month will Governor means the Governor of the for personal consumption, and not for be announced in the Federal Register State of Alaska. resale. published under § 679.21(f)(5). Groundfish means target species and Donut Hole means the international Fishing trip means: the ‘‘other species’’ category, specified waters of the Bering Sea outside the (1) With respect to groundfish annually pursuant to § 679.20(a)(2). limits of the EEZ and Russian economic directed fishing standards, an operator Gulf of Alaska (GOA) means that zone as depicted on the current edition of a vessel is engaged in a fishing trip portion of the EEZ contained in of NOAA chart INT 813 Bering Sea from the time the harvesting, receiving, Statistical Areas 610, 620, 630, 640, and (Southern Part). or processing of groundfish is begun or 650 (see Figure 3 of this part). Eastern Aleutian District means that resumed until: Halibut means Pacific halibut part of the Aleutian Islands Subarea (i) The offload or transfer of all (Hippoglossus stenolepis). contained in Statistical Area 541 (see groundfish or groundfish product from Halibut CDQ reserve means the Figure 1 of this part). that vessel; amount of the halibut catch limit for Exvessel price means the price in (ii) The vessel enters or leaves an area IPHC regulatory areas 4B, 4C, 4D, and dollars received by a harvester for fish to which a directed fishing prohibition 4E that is reserved for the halibut CDQ from Research Plan fisheries. Exvessel applies; or program (see § 679.31(b)). price excludes any value added by (iii) The end of a weekly reporting Harvesting or to harvest means the catching and retaining of any fish. processing. period, whichever comes first. Headrope means a rope bordering the Federal waters means waters within (2) With respect to the IFQ Program, the period beginning when a vessel top front end of a trawl. the EEZ off Alaska. Herring Savings Area means any of Fee percentage means the annually operator commences harvesting IFQ three areas in the BSAI presented in calculated assessment rate, in percent of species and ending when the vessel Figure 4 (see also § 679.21(e)(7)(v) for exvessel value of Research Plan operator lands any species. additional closure information). fisheries, used to determine fee (3) With respect to the Research Plan, one of the following: Individual means a natural person assessments under the Research Plan. who is not a corporation, partnership, Fish product weight means the weight (i) For a vessel used to process groundfish or a catcher vessel used to association, or other such entity. of the fish product in pounds or to at Individual fishing quota (IFQ) means least the nearest hundredth of a metric deliver groundfish to a mothership, a weekly reporting period during which the annual catch limit of sablefish or ton (0.01 mt). Fish product weight is halibut that may be harvested by a based upon the number of production one or more fishing days occur. (ii) For a catcher vessel used to person who is lawfully allocated a units and the weight of those units. deliver fish to other than a mothership, harvest privilege for a specific portion of Production units include pans, cartons, the time period during which one or the TAC of sablefish or halibut. blocks, trays, cans, bags, and individual more fishing days occur, that starts on IFQ crew member means any fresh or frozen fish. The weight of a the day when fishing gear is first individual who has at least 150 days production unit is the average weight of deployed and ends on the day the vessel experience working as part of the representative samples of the product, offloads groundfish, halibut, or king or harvesting crew in any U.S. commercial and may include additives, but not Tanner crab; returns to an Alaskan port; fishery, or any individual who receives packaging. Any allowance for water or leaves the EEZ off Alaska and an initial allocation of QS. For purposes added cannot exceed 5 percent of the adjacent waters of the State of Alaska. of this definition, ‘‘harvesting’’ means gross product weight (fish, additives, Fishing year means 0001 hours, A.l.t., work that is directly related to the and water). on January 1, through 2400 hours, A.l.t., catching and retaining of fish. Work in Fishermen means persons who catch, on December 31 (see § 679.23). support of harvesting, but not directly take, or harvest fish. Footrope means a chain or wire rope involved with harvesting, is not Fishing circle means the attached to the bottom front end of a considered harvesting crew work. For circumference of a trawl intersecting the trawl and attached to the fishing line. example, searching for fish, work on a center point on a fishing line, and that Freezer vessel means any vessel that fishing vessel only as an engineer or is perpendicular to the long axis of a is used to process some or all of its cook, or work preparing a vessel for a trawl. catch during any fishing trip. fishing trip would not be considered Fishing day means a 24-hour period, Gear deployment means: work of a harvesting crew. from 0001 hours, A.l.t., through 2400 (1) For trawl gear: Where the trawl IFQ halibut means any halibut that is hours, A.l.t., in which fishing gear is gear reaches the fishing level and begins harvested with fixed gear in any IFQ retrieved and groundfish, halibut, or to fish. regulatory area. king or Tanner crab are retained. Days (2) For jig/troll, hook-and-line, or IFQ landing means the unloading or during which a vessel only delivers longline gear: Where the gear enters the transferring of any IFQ halibut, IFQ unsorted codends to a processor are not water. sablefish, or products thereof from the fishing days. (3) For pot-and-line gear: Where the vessel that harvested such fish. Fishing line means a length of chain first pot enters the water. IFQ regulatory area means: or wire rope in the bottom front end of Gear retrieval means: (1) With respect to IFQ halibut, areas a trawl to which the webbing or lead (1) For trawl gear: Where retrieval of 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E as ropes are attached. trawl cable commences. defined in part 301 of this title. Fishing month refers to a time period (2) For jig/troll gear: Where the jig/ (2) With respect to IFQ sablefish, any calculated on the basis of weekly troll gear leaves the water. of the three regulatory areas in the GOA 31234 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations and any subarea of the BSAI, and all Logbook means Daily Cumulative Net-sounder device means a sensor waters of the State of Alaska between Production Logbook (DCPL), Daily used to determine the depth from the the shore and the inshore boundary of Cumulative Logbook (DCL), or a Daily water surface at which a fishing net is such regulatory areas and subareas, Fishing Logbook (DFL) required by operating. except waters of Prince William Sound § 679.5. Non-allocated or nonspecified species and areas in which sablefish fishing is Lost or destroyed vessel (applicable means those fish species, other than managed under a State of Alaska limited through December 31, 1998) means a prohibited species, for which TAC has entry program. vessel that has sunk at sea or has been not been specified (e.g., grenadier, IFQ sablefish means any sablefish that destroyed by fire or other accident and prowfish, lingcod). is harvested with fixed gear, either in has been reported to the USCG on USCG Observed or observed data refers to the EEZ off Alaska or in waters of the Form 2692, Report of Marine Casualty. data collected by observers who are State of Alaska, by persons holding an Management area means any district, certified under the NMFS Observer IFQ permit, but does not include regulatory area, subpart, part, or the Program (see § 679.21(f)(7) and subpart sablefish harvested in Prince William entire GOA or BSAI. E of this part). Sound or under a State of Alaska Manager, with respect to any Observer means any person certified limited entry program. shoreside processor or buying station, under the NMFS Observer Program (see Inshore component (applicable means the individual responsible for the subpart E of this part). through December 31, 1998) means the operation of the shoreside processor Offshore component (applicable following three categories of the U.S. operation or buying station. through December 31, 1998) means all groundfish fishery that process pollock Maximum LOA (applicable through vessels not included in the definition of harvested in a directed fishery for December 31, 1998), with respect to a ‘‘inshore component’’ that process pollock in the GOA or BSAI, or Pacific vessel’s eligibility for a moratorium pollock caught in directed fisheries for cod harvested in a directed fishery for permit, means: pollock in the GOA or BSAI, or Pacific Pacific cod in the GOA, or both: (1) Except for a vessel under cod caught in directed fisheries for (1) Shoreside processing operations. reconstruction on June 24, 1992, if the Pacific cod in the GOA, or both. (2) Vessels less than 125 ft (38.1 m) in original qualifying LOA is less than 125 Optimum yield (OY) (see LOA, that process no more than 126 mt ft (38.1 m) LOA, 1.2 times the original § 679.20(a)(1)). per week in round-weight equivalents of qualifying LOA or 125 ft (38.1 m), Original qualifying LOA (applicable an aggregate amount of those fish. whichever is less. through December 31, 1998) means the (2) Except for a vessel under (3) Vessels that process those fish at LOA of the original moratorium reconstruction on June 24, 1992, if the a single geographic location in Alaska qualifying vessel on June 24, 1992. original qualifying LOA is equal to or State waters during a fishing year. For Original qualifying vessel (applicable greater than 125 ft (38.1 m), the original the purposes of this definition, NMFS through December 31, 1998) means a qualifying LOA. will determine the single geographic (3) For an original qualifying vessel vessel that made a legal landing during location in a fishing year for an under reconstruction on June 24, 1992, the moratorium qualifying period. individual processor from the the LOA on the date reconstruction was Other species is a category that geographic coordinates the vessel completed, provided that maximum consists of groundfish species in each operator reports on the check-in report LOA is certified under § 679.4(c)(9). management area that are not specified (§ 679.5(h)) when that vessel first Moratorium crab species (applicable as target species (see Table 1 of the engages in processing those fish. through December 31, 1998) means specifications provided at § 679.20(c)). IPHC means International Pacific species of king or Tanner crabs Person means: Halibut Commission (see part 301 of harvested in the BSAI, the commercial (1) (Applicable through December 31, this title). fishing for which is governed by this 1998). For purposes of the moratorium, King crab means red king crab part. any individual who is a citizen of the (Paralithodes camtschatica), blue king Moratorium groundfish species United States or any U.S. corporation, crab (P. platypus), brown (or golden) (applicable through December 31, 1998) partnership, association, or other entity king crab (Lithodes aequispina), and means species of groundfish, except (or their successor in interest), whether scarlet (or deep sea) king crab (Lithodes sablefish caught with fixed gear, or not organized or existing under the couesi). harvested in the GOA or in the BSAI, laws of any state. Landing means offloading fish. the commercial fishing for which is (2) For purposes of IFQ species, any Legal landing (applicable through governed by this part. individual who is a citizen of the United December 31, 1998) means any amount Moratorium qualification (applicable States or any corporation, partnership, of a moratorium species that was or is through December 31, 1998) means a association, or other entity (or their landed in compliance with Federal and transferable prerequisite for a successor in interest), whether or not state commercial fishing regulations in moratorium permit. organized or existing under the laws of effect at the time of the landing. Moratorium species (applicable any state, who is a U.S. citizen. Legal landing of halibut or sablefish through December 31, 1998) means any Pollock roe means product consisting (see § 679.40(a)(3)(v)). moratorium crab species or moratorium of pollock eggs, either loose or in sacs Length overall (LOA) of a vessel groundfish species. or skeins. means the horizontal distance, rounded Mothership means: Processing, or to process, means the to the nearest foot, between the foremost (1) A vessel that receives and preparation of fish to render it suitable part of the stem and the aftermost part processes groundfish from other vessels; for human consumption, industrial of the stern, excluding bowsprits, or uses, or long-term storage, including but rudders, outboard motor brackets, and (2) With respect to the Research Plan, not limited to cooking, canning, similar fittings or attachments (see a processor vessel that receives and smoking, salting, drying, freezing, or Figure 6 of this part; see also maximum processes fish from other vessels and is rendering into meal or oil, but does not LOA, original qualifying LOA, and not used for, or equipped to be used for, mean icing, bleeding, heading, or reconstruction). catching fish. gutting. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31235

Processor means, with respect to the GOA groundfish, BSAI king and Tanner information for all product forms, used Research Plan, any shoreside processor crab, and halibut from convention in determining fee assessments. or vessel that processes fish, any person waters off Alaska. Statistical area means the part of any who receives fish from fishermen for Resident fisherman (see reporting area defined in Figures 1 and commercial purposes, any fisherman § 679.30(d)(7)). 3 of this part, contained in the EEZ. who transfers fish outside of the United Retained catch means the catch Steller Sea Lion Protection Areas (see States, and any fisherman who sells fish retained by a processor, in round weight Tables 4, 5, and 6 of this part and directly to a restaurant or to an or round-weight equivalents, from §§ 679.22(a)(7), (a)(8), 679.22(b)(2), and individual for use as bait or personal Research Plan fisheries. 227.12 of this title). consumption. Processor does not Round weight or round-weight Stem means the forward part of a include a buying station or a restaurant, equivalent, for purposes of this part, vessel—that portion of the vessel where or a person who receives fish from means: the sides are united at the fore end with fishermen for personal consumption or (1) For groundfish or halibut: The the lower end attached to the keel and bait. weight of fish calculated by dividing the the bowsprit, if one is present, resting Processor vessel means, unless weight of the primary product made on the upper end. otherwise restricted, any vessel that has from that fish by the standard PRR for Stern means the aft part of the vessel. Stretched mesh size means the been issued a Federal fisheries permit that primary product as listed in Table distance between opposite knots of a and that can be used for processing 3 of this part, or, if not listed, the weight four-sided mesh when opposite knots groundfish. of fish calculated by dividing the weight Prohibited species catch (PSC) means of a primary product by the standard are pulled tautly to remove slack. Superexclusive registration area any of the species listed in § 679.21(b). PRR as determined using the best means any State of Alaska designated PRR means standard product recovery available evidence on a case-by-case registration area within the BSAI where, rate (see Table 3 of this part). basis. if a vessel is registered to fish for crab, Qualified applicant (see Western (2) For BSAI crab processed by that vessel is prohibited from fishing for Alaska CDQ Program, § 679.30(d)(6)). catcher/processors: The scale weight of Qualified person (see IFQ a subsample multiplied by the number crab in any other registration area Management Measures, § 679.40(a)(2)). of subsamples comprising the retained during that registration year. Support vessel means any vessel that Qualifying period (applicable through catch. is used in support of other vessels December 31, 1998) means the period to (3) For BSAI crab processed by regulated under this part, including, but qualify for the moratorium from January mothership or shoreside processors: The not limited to, supplying a fishing 1, 1988, through February 9, 1992. scale weights of retained catches. vessel with water, fuel, provisions, Quarter, or quarterly reporting period, Sablefish (black cod) means fishing equipment, fish processing means one of four successive 3-month Anoplopoma fimbria. equipment or other supplies, or periods, which begin at 0001 hours, Sablefish CDQ reserve means 20 transporting processed fish. The term A.l.t., on the first day of each quarter, percent of the sablefish fixed gear TAC ‘‘support vessel’’ does not include and end at 2400 hours, A.l.t., on the last for each subarea in the BSAI for which a sablefish TAC is specified (see processor vessels or tender vessels. day of each quarter, as follows: Tanner crab means Chionoecetes (1) 1st quarter: January 1 through § 679.31(c)). Scallop(s) means any species of the species or hybrids of these species. March 31. Target species are those species or family Pectinidae, including, without (2) 2nd quarter: April 1 through June species groups, except the ‘‘other limitation, weathervane scallops 30. species’’ category, for which a TAC is (3) 3rd quarter: July 1 through (Patinopectin caurinus). specified pursuant to § 679.20(a)(2). September 30. Set means a string of pots or hook- Tender vessel means a vessel that is (4) 4th quarter: October 1 through and-line gear or a group of pots that is used to transport unprocessed fish December 31. deployed in a similar location with received from another vessel to a Quota share (QS) means a permit, the similar soak time. shoreside processor, mothership, or face amount of which is used as a basis Shoreside processor means: buying station. for the annual calculation of a person’s (1) With respect to GOA and BSAI Transfer includes any loading, IFQ. groundfish, any person or vessel that offloading, shipment or receipt of any Reconstruction (applicable through receives unprocessed groundfish, except groundfish product, including December 31, 1998) means a change in catcher/processors, motherships, buying quantities transferred inside or outside the LOA of the vessel from its original stations, restaurants, or persons the EEZ, within any state’s territorial qualifying LOA. receiving groundfish for use as bait or waters, within the internal waters of any Regional Director, for purposes of this personal consumption. state, at any shoreside processor, or any part, means the Director, Alaska Region, (2) With respect to the Research Plan, offsite meal reduction plant. NMFS, as defined at § 600.10 of this any person that receives unprocessed Trawl test areas (see Figure 7 of this chapter, or a designee. fish, except catcher/processors, part and § 679.24(d)). Regulatory area means any of three motherships, restaurants, or persons U.S. citizen means: areas of the EEZ in the GOA (see Figure receiving fish for use as bait or personal (1) Any individual who is a citizen of 3 of this part). consumption. the United States at the time of Reporting area means any of the areas Southeast Outside District of the GOA application for QS; or described in Figures 1 and 3 of this part. means that part of the Eastern (2) Any corporation, partnership, Research Plan means the North Regulatory Area contained in Statistical association, or other entity that would Pacific Fisheries Research Plan Area 650 (see Figure 3 of this part). have qualified to document a fishing developed by the North Pacific Fishery Standard exvessel price means the vessel as a vessel of the United States Management Council under the exvessel price for species harvested in during the QS qualifying years of 1988, Magnuson Act. Research Plan fisheries, calculated 1989, and 1990. Research Plan fisheries means the annually by NMFS for each species or Vessel Activity Report (VAR) (see following fisheries: BSAI groundfish, species group, from exvessel price § 679.5). 31236 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

Vessel operations category (see deficiency, the permit will not be (ii) A Federal fisheries permit is § 679.4). issued. No permit will be issued to an surrendered when the original permit is Walrus Protection Areas (see applicant until a complete application is submitted to and received by the NMFS § 679.22(a)(4)). received. Enforcement Office in Juneau, AK. Weekly reporting period means a time (iii) A separate application must be (5) Application. A complete period that begins at 0001 hours, A.l.t., completed for each vessel, processor, or application for a Federal fisheries Sunday morning (except during the first buying station and a copy must be permit must include the following week of each year, when it starts on retained of each completed or revised information for each vessel: January 1) and ends at 2400 hours, application. (i) Amended permit. If application is A.l.t., the following Saturday night (iv) The information requested on the for an amended permit, the current (except during the last week of each application must be typed or printed Federal fisheries permit number and year, when it ends on December 31). legibly. information that has changed. West Yakutat District of the GOA (2) Amended applications. An owner, (ii) Vessels. The complete name and means that part of the GOA Eastern operator, or manager who applied for homeport (city and state) of the vessel; Regulatory Area contained in Statistical and received a permit under this section the ADF&G vessel number; the USCG Area 640 (see Figure 3 of this part). must notify the Chief, RAM Division, in documentation number or Alaska Western Aleutian District means that writing, of any change in the registration number; the vessel’s LOA part of the Aleutian Islands Subarea information within 10 days of the date and registered net tonnage; and the contained in Statistical Area 543 (see of that change. telephone, fax, and COMSAT (satellite Figure 1 of this part). (3) Alteration. No person may alter, communication) numbers used on board Wing tip means the point where erase, or mutilate any permit, card, or the vessel. adjacent breast lines intersect or where document issued under this section. (iii) Owner information. The owner of a breast line intersects with the fishing Any such permit, card, or document the vessel must record the owner’s line. that is intentionally altered, erased, or name, permanent business mailing mutilated is invalid. address, telephone and fax numbers; § 679.3 Relation to other laws. (4) Disclosure. NMFS will maintain a and the name of any company (other (a) Foreign fishing for groundfish. list of permitted processors that may be than the owner) that manages the Regulations governing U.S. nationals disclosed for public inspection. operations of the vessel or shoreside fishing in the Russian fisheries are set (5) Sanctions and denials. Procedures processor. forth in part 299 of this title. governing permit sanctions and denials (iv) Federal fisheries permit (b) Domestic fishing for groundfish. are found at subpart D of 15 CFR part information. The owner of the vessel The conservation and management of 904. must record: groundfish in waters of the territorial (b) Federal Fisheries permit—(1) (A) The fishery or fisheries and the sea and internal waters of the State of Groundfish. No vessel of the United vessel operations category for which the Alaska are governed by the Alaska States may be used to fish for permit would apply, as set forth under Administrative Code at 5 AAC Chapter groundfish in the GOA or BSAI unless paragraph (b)(3) of this section. 28 and the Alaska Statute at A.S. 16. the owner first obtains a Federal (B) If a catcher vessel or catcher/ (c) Halibut. Additional regulations fisheries permit for the vessel, issued processor, the gear type(s) used for governing the conservation and under this part. A Federal fisheries groundfish operations. management of halibut are set forth in permit is issued without charge. (C) If a catcher vessel, whether part 301 of this title. (2) Non-groundfish. A vessel of the groundfish is retained only as bycatch (d) King and Tanner crab. Additional United States that fishes in the GOA or from halibut, crab, or salmon fisheries; regulations governing conservation and BSAI for any non-groundfish species, and whether sablefish is the only management of king crab and Tanner including but not limited to halibut, groundfish targeted in the GOA. crab in the BSAI are contained in Alaska crab, salmon, scallops, and herring, and (D) If a mothership or catcher/ Statutes at A.S. 16 and Alaska that does not retain any bycatch of processor, whether inshore or offshore, Administrative Code at 5 AAC Chapters groundfish is not required to obtain a to indicate component in which Pacific 34, 35, and 39. Federal fisheries permit under this part. cod in the GOA or pollock will be (e) Incidental catch of marine (3) Vessel operations categories. (i) A processed for the entire fishing year. mammals. Regulations governing Federal fisheries permit authorizes a (v) Signature. The owner of the vessel exemption permits and the vessel to conduct operations in the GOA must sign and date the application. recordkeeping and reporting of the and BSAI as a catcher vessel, catcher/ (6) Issuance. (i) Except as provided in incidental take of marine mammals are processor, mothership, tender vessel, or subpart D of 15 CFR part 904, upon set forth in § 216.24 and part 229 of this support vessel. receipt of a properly completed permit title. (ii) A vessel may be issued a Federal application, the Regional Director will fisheries permit as a support vessel or as issue a Federal fisheries permit required § 679.4 Permits. any combination of the other four by this paragraph (b). (a) General requirements—(1) categories (catcher vessel, catcher/ (ii) The Regional Director will send Application. (i) A person may obtain or processor, mothership, tender vessel). A the Federal fisheries permit to the renew an application for any of the vessel permitted as a catcher vessel, applicant with the appropriate logbooks, permits under this section and must catcher/processor, mothership, or tender as provided under § 679.5. mail completed forms to the Chief, RAM vessel also may conduct all operations (7) Amended application. If the Division. authorized for a support vessel. application for an amended permit (ii) Upon receipt of an incomplete or (4) Duration. (i) A Federal fisheries required under this section designates a improperly completed permit permit remains in effect through change or addition of a vessel application, the Chief, RAM Division, December 31 of the year for which it is operations category, the amended will notify the applicant of the issued, unless it is revoked, suspended, permit must be on board the vessel deficiency in the permit application. If or modified under 15 CFR part 904, or before the new type of operations the applicant fails to correct the unless it is surrendered or invalidated. begins. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31237

(8) Transfer. A Federal fisheries 26 ft (7.9 m) LOA that conduct directed in period 1, and, in period 2, made a permit issued under this paragraph (b) fishing for groundfish in the GOA. legal landing of a moratorium crab is not transferable or assignable and is (iii) Catcher vessels or catcher/ species; or valid only for the vessel for which it is processor vessels less than or equal to (C) Of moratorium groundfish in issued. 32 ft (9.8 m) LOA that catch and retain period 1 with pot gear. (9) Inspection. (i) An original Federal moratorium crab species in the BSAI or (ii) Groundfish fisheries/trawl gear. A fisheries permit issued under this that conduct directed fishing for moratorium permit may be endorsed for paragraph (b) must be carried on board moratorium groundfish species in the groundfish fisheries/trawl gear if the the vessel whenever the vessel is BSAI. vessel made a legal landing: fishing. Photocopied or faxed copies are (iv) Catcher vessels or catcher/ (A) Of a moratorium groundfish not considered originals. processor vessels that are fishing for IFQ species with any authorized fishing gear (ii) A permit issued under this halibut, IFQ sablefish, or halibut or in period 1; or paragraph (b) must be presented for sablefish under the Western Alaska CDQ (B) Of a moratorium crab species in inspection upon the request of any Program in accordance with regulations period 1, and, in period 2, made a legal authorized officer. at subpart C of this part and that are not landing of a moratorium groundfish (c) Moratorium permits (applicable directed fishing for any moratorium species using trawl gear. through December 31, 1998—(1) species. (iii) Groundfish fisheries/pot gear. A General—(i) Applicability. Except as (v) Catcher vessels or catcher/ moratorium permit may be endorsed for provided under paragraph (c)(2) of this processor vessels less than or equal to groundfish fisheries/pot gear if the section, any vessel used to catch and 125 ft (38.1 m) LOA that after November vessel made a legal landing: retain any moratorium crab species or to 18, 1992, are specifically constructed for (A) Of a moratorium groundfish conduct directed fishing for any and used in accordance with a CDP species with any authorized fishing gear moratorium groundfish species must under § 679.30, and that are designed in period 1; or have a valid moratorium permit issued and equipped to meet specific needs (B) Of a moratorium crab species in for that vessel under this part on board described in the CDP. period 1. the vessel at all times it is engaged in (4) Moratorium permit (iv) Groundfish fisheries/hook gear. A fishing activities. endorsements—(i) General. A moratorium permit may be endorsed for (ii) Duration. The moratorium permit moratorium permit will be endorsed for groundfish fisheries/hook gear if the is valid for the duration of the one or more fishery-specific gear type(s) vessel made a legal landing: moratorium, unless otherwise specified. in accordance with the endorsement (A) Of a moratorium groundfish (iii) Validity. A moratorium permit criteria of paragraph (c)(5) of this species with any authorized fishing gear issued under this part is valid only if: section. in period 1; or (A) The vessel’s LOA does not exceed (ii) Authorization. A fishery-specific (B) Of a moratorium crab species in the maximum LOA as specified in gear type endorsement authorizes the period 1, and, in period 2, made a legal § 679.2; use by the vessel of that gear type in the landing of a moratorium groundfish (B) The vessel’s moratorium specified fisheries. species using hook gear. qualification has not been transferred; (iii) Fishing gear requirements. (A) (6) Application for permit. A (C) The permit has not been revoked Fishing gear requirements for the BSAI moratorium permit will be issued to the or suspended under 15 CFR part 904; crab fisheries are set forth in the Alaska owner of a vessel of the United States (D) The permit is endorsed for all gear Administrative Code at title 5, chapters if he/she submits to the Regional types on board the vessel; and 34 and 35. Director a complete moratorium permit (E) The permit’s term covers the (B) Fishing gear requirements for the application that is subsequently fishing year in which the vessel is GOA and the BSAI groundfish fisheries approved and if the vessel’s LOA does fishing. are set forth under § 679.24. not exceed the maximum LOA as (iv) Inspection. A moratorium permit (C) A moratorium permit may be specified in § 679.2. A complete must be presented for inspection upon endorsed for any one or a combination application for a moratorium permit the request of any authorized officer. of the following fishing gear types: must include the following information (2) Moratorium exempt vessels. (i) A (1) Trawl, which includes pelagic and for each vessel: moratorium exempt vessel is not subject nonpelagic trawl gear. (i) Name of the vessel, state to the moratorium permit requirement (2) Pot, which includes longline pot registration number of the vessel and of paragraph (c)(1) of this section and is and pot-and-line gear. the USCG documentation number of the not eligible for a moratorium permit. (3) Hook, which includes hook-and- vessel, if any. (ii) A moratorium exempt vessel may line and jig gear. (ii) Name(s), business address(es), and catch and retain moratorium species, (5) Gear endorsement criteria. For telephone and fax numbers of the owner provided it complies with the permit purposes of this paragraph (c)(5), the of the vessel. requirements of the State of Alaska with period January 1, 1988, through (iii) Name of the managing company. respect to moratorium crab species, February 9, 1992, is ‘‘period 1,’’ and (iv) Valid documentation of the Federal permit requirements in this part February 10, 1992, through December vessel’s moratorium qualification, if with respect to moratorium groundfish 11, 1994, is ‘‘period 2.’’ Fishery-specific requested by the Regional Director due species, and other applicable Federal gear type endorsement(s) will be based to an absence of landings records for the and State of Alaska regulations. on the following criteria: vessel from January 1, 1988, through (3) Moratorium exempt vessel (i) Crab fisheries/pot gear. A February 9, 1992. categories. A moratorium exempt vessel moratorium permit for a vessel may be (v) Reliable documentation of the is a vessel in any of the following endorsed for crab fisheries/pot gear if vessel’s original qualifying LOA, if categories: the vessel made a legal landing: requested by the Regional Director, such (i) Vessels other than catcher vessels (A) Of a moratorium crab species in as a vessel survey, builder’s plan, state or catcher/processor vessels. period 1; or Federal registration certificate, (ii) Catcher vessels or catcher/ (B) Of a moratorium groundfish fishing permit records, or other reliable processor vessels less than or equal to species with any authorized fishing gear and probative documents that clearly 31238 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations identify the vessel and its LOA, and that USCG documentation number of each in paragraph (c)(8) of this section is are dated before June 24, 1992. vessel. submitted; (vi) Specification of the fishing gear(s) (C) The original qualifying LOA of the (B) The LOA of the vessel to which used from January 1, 1988, through vessel whose moratorium qualification the moratorium qualification is February 9, 1992, and, if necessary, the is to be or was transferred, its current transferred does not exceed the fishing gear(s) used from February 10, LOA, and its maximum LOA. maximum LOA of the original 1992, through December 11, 1994. (D) The LOA of the vessel that would qualifying vessel; and (vii) Specification of the vessel as receive or received the transferred (C) The moratorium permit associated either a catcher vessel or a catcher/ moratorium qualification and with the moratorium qualification is not processor vessel. documentation of that LOA by a current revoked or suspended. (viii) If applicable, transfer vessel survey or other reliable and (ii) Vessels lost or destroyed in 1988. authorization if a permit request is probative document. The moratorium qualification of a vessel based on transfer of moratorium (E) Signatures of the persons from that was lost or destroyed before January qualification pursuant to paragraph (c) whom moratorium qualification would 1, 1989, may not be transferred to of this section. be transferred or their representative, another vessel and is not valid for (ix) Signature of the person who is the and the persons who would receive the purposes of issuing a moratorium permit for that vessel, if salvaged, unless owner of the vessel or the person who transferred moratorium qualification or salvage began on or before June 24, is responsible for representing the vessel their representative. 1992, and the LOA of the salvaged owner. (iii) Contract or agreement. A legible vessel does not exceed its maximum (7) Moratorium qualification. A vessel copy of a contract or agreement must be LOA. The moratorium qualification of has moratorium qualification if: included with the application for such a vessel is not valid for purposes (i) The vessel is an original qualifying transfer that specifies the vessel or person from which moratorium of issuing a moratorium permit for 1998 vessel; unless that vessel is used to make a legal (ii) The vessel is not a moratorium qualification is to be or is transferred, the date of the transfer agreement, landing of a moratorium species from exempt vessel under paragraph (c)(2) of January 1, 1996, through December 31, this section; names and signatures of all current owner(s) of the vessel whose 1997. (iii) The vessel’s moratorium moratorium qualification is to be or was (iii) Vessels lost or destroyed from qualification has not been transferred; transferred, and names and signatures of 1989 through 1995. The moratorium (iv) The vessel receives a valid all current owner(s) of the moratorium qualification of any vessel that was lost moratorium qualification through a qualification that is to be or was or destroyed on or after January 1, 1989, transfer approved by the Regional transferred. but before January 1, 1996, is valid for Director under pargraph (c)(9) of this (iv) Vessel reconstruction. The purposes of issuing a moratorium section; and following information must be included permit for that vessel, if salvaged, (v) That moratorium qualification is with the application for transfer: regardless of when salvage began, not subsequently transferred. (A) A legible copy of written contracts provided that the vessel has not already (8) Application for moratorium or written agreements with the firm that been replaced and the LOA of the qualification transfer—(i) General. An performed reconstruction of the vessel salvaged vessel does not exceed its application for approval of a transfer of and that relate to that reconstruction. maximum LOA. The moratorium moratorium qualification (see paragraph (B) An affidavit signed by the vessel qualification of any vessel that was lost (c)(9) of this section) must be completed owner(s) and the owner/manager of the or destroyed on or after January 1, 1989, and the transfer approved by the firm that performed the vessel but before January 1, 1996, may be Regional Director before an application reconstruction, specifying the beginning transferred to another vessel, provided for a moratorium permit based on that and ending dates of the reconstruction. the LOA of that vessel does not exceed transfer can be approved. An (C) An affidavit signed by the vessel the maximum LOA of the original application for approval of a transfer owner(s) specifying the LOA of the qualifying vessel. The moratorium and an application for a moratorium reconstructed vessel. qualification of such a vessel is not permit may be submitted (v) Vessels lost or destroyed. A copy valid for purposes of issuing a simultaneously. of USCG Form 2692, Report of Marine moratorium permit for 1998, unless that (ii) Contents of application. A Casualty, must be included with the vessel is used to make a legal landing of complete application for approval of application for transfer. a moratorium species from January 1, transfer must include the following (9) Transfer of moratorium 1996, through December 31, 1997. information, as applicable, for each qualification (applicable through (iv) Vessels lost or destroyed after vessel involved in the transfer of December 31, 1998)—(i) General. A 1995. The moratorium qualification of moratorium qualification: transfer of a vessel’s moratorium any vessel that was lost or destroyed on (A) Name(s), business address(es), and qualification must be approved by the or after January 1, 1996, is valid for telephone and fax numbers of the Regional Director before a moratorium purposes of issuing a moratorium applicant(s) (including the owners of permit may be issued under this section permit for that vessel, if salvaged, the moratorium qualification that is to for the vessel to which the qualification regardless of when salvage began, be or was transferred and the person is transferred. A moratorium permit is provided that the vessel has not already who is to receive or received the not transferrable or assignable. A been replaced and the LOA of the transferred moratorium qualification). fishery-specific gear type salvaged vessel does not exceed its (B) Name of the vessel whose endorsement(s) is not severable from an maximum LOA. The moratorium moratorium qualification is to be or was endorsed permit. A transfer of qualification of any vessel that is lost or transferred and the name of the vessel moratorium qualification will not be destroyed on or after January 1, 1996, that would receive or received the approved by the Regional Director may be transferred to another vessel, transferred moratorium qualification (if unless: providing the LOA of that vessel does any), the state registration number of (A) A complete transfer application not exceed the maximum LOA of the each vessel and, if documented, the that satisfies all requirements specified original qualifying vessel. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31239

(v) Reconstruction. The moratorium (2) Registered buyer permit. Any expires, or is revoked, suspended, or qualification of a vessel is not valid for person who receives IFQ halibut or IFQ modified under 15 CFR part 904. purposes of issuing a moratorium sablefish from the person(s) that (5) Transfer. The IFQ permits issued permit if, after June 23, 1992, harvested the fish must possess a under this section are not transferable, reconstruction is initiated that results in registered buyer permit, except under except as provided under § 679.41. IFQ increasing the LOA of the vessel to conditions of paragraph (d)(2) (i), (ii), or cards and registered buyer permits exceed the maximum LOA of the (iii) of this section. A registered buyer issued under this paragraph (d) are not original qualifying vessel. For a vessel permit also is required of any person transferable. whose reconstruction began before June who harvests IFQ halibut or IFQ (6) Inspection—(i) IFQ permit. A 24, 1992, and was completed after June sablefish and transfers such fish: legible copy of any IFQ permit issued 24, 1992, the maximum LOA is the LOA (i) In a dockside sale; under this section must be carried on on the date reconstruction was (ii) Outside of an IFQ regulatory area; board the vessel used by the permitted completed, provided the owner files an or person to harvest IFQ halibut or IFQ application for transfer and the Regional (iii) Outside the State of Alaska. sablefish at all times that such fish are Director certifies that maximum LOA (3) Permit issuance—(i) IFQ permits retained on board. and approves the transfer based on and cards—(A) Issuance. IFQ permits (ii) IFQ card. Except as specified in information concerning the LOA of the and cards will be renewed or issued § 679.42(d), an individual that is issued reconstructed vessel submitted under annually by the Regional Director to an IFQ card must remain on board the paragraph (c)(8)(iv) of this section. each person with approved QS for IFQ vessel used to harvest IFQ halibut or (10) Appeal—(i) Determination. The halibut or IFQ sablefish allocated in IFQ sablefish with that card until all Chief, RAM Division, will issue an accordance with this section. such fish are landed, and must present initial administrative determination to (B) IFQ permit. Each IFQ permit a copy of the IFQ permit and the each applicant who is denied a issued by the Regional Director will original IFQ card for inspection on moratorium permit by that official. An identify the permitted person and will request of any authorized officer, initial administrative determination be accompanied by a statement that clearing officer, or registered buyer may be appealed by the applicant in specifies the amount of IFQ halibut or purchasing IFQ species. accordance with § 679.43. The initial IFQ sablefish that person may harvest (iii) Registered buyer permit. A legible administrative determination will be the from a specified IFQ regulatory area copy of the registered buyer permit must final agency action if a written appeal is using fixed gear and a vessel of a be present at the location of an IFQ not received by the Chief, RAM specified vessel category. landing, and must be made available for Division, within the period specified. (C) IFQ card. Each IFQ card issued by inspection on request of any authorized (ii) Permit denial. An initial the Regional Director will display an officer or clearing officer. administrative determination that IFQ permit number and the individual (e) Halibut/sablefish CDQ permits and denies an application for a moratorium authorized by the IFQ permit holder to CDQ cards. See § 679.33(a) and (b). permit must authorize the affected land IFQ halibut or IFQ sablefish for (f) Federal processor permit—(1) vessel to catch and retain moratorium debit against the permit holder’s IFQ. General—(i) Applicability. In addition crab or moratorium groundfish species (ii) Registered buyer permits. to the permit and licensing with the type of fishing gear specified Registered buyer permits will be requirements prescribed in part 301 of on the application. The authorization renewed or issued annually by the this title and paragraphs (b) and (d) of expires on the effective date of the final Regional Director to persons that have a this section, and except as provided in agency action relating to the registered buyer application approved paragraph (f)(1)(ii) of this section, a application. by the Regional Director. processor of fish from a Research Plan (iii) Final action. An administrative (4) Duration—(i) IFQ permit. An IFQ fishery must have a Federal processor determination denying approval of the permit authorizes the person identified permit issued by the Regional Director. transfer of a moratorium qualification on the permit to harvest IFQ halibut or (ii) Exception. Any fisherman who and/or denying the issuance of a IFQ sablefish from a specified IFQ transfers fish outside the United States, moratorium permit based on that regulatory area at any time during an or any fisherman who sells fish directly moratorium qualification is the final open fishing season during the fishing to a restaurant or to an individual for agency action for purposes of judicial year for which the IFQ permit is issued use as bait or for personal consumption review. until the amount harvested is equal to is not required to have a Federal (d) IFQ—(1) General. In addition to the amount specified under the permit, processor permit. the permit and licensing requirements or until it is revoked, suspended, or prescribed in part 301 of this title and modified under 15 CFR part 904. (iii) Fee. A Federal processor permit in the permit requirements of this (ii) IFQ card. An IFQ card authorizes will be issued without charge. section, all fishing vessels that harvest the individual identified on the card to (2) Application. A complete IFQ halibut or IFQ sablefish must have land IFQ halibut or IFQ sablefish for application for a Federal processor on board: debit against the specified IFQ permit permit must include the following for (i) IFQ permit. A copy of an IFQ until the card expires, or is revoked, each vessel or processor: permit that specifies the IFQ regulatory suspended, or modified under 15 CFR (i) The annual period for which the area and vessel category in which IFQ part 904, or cancelled on request of the permit is requested. halibut or IFQ sablefish may be IFQ permit holder. (ii) The Research Plan fishery or harvested by the IFQ permit holder and (iii) Registered buyer permit. A fisheries for which the permit is a copy of the most recent accompanying registered buyer permit authorizes the requested. statement specifying the amount of each person identified on the permit to (iii) If the application is for an species that may be harvested during receive or make an IFQ landing by an amended permit, the current Federal the current IFQ fishing season; and IFQ permit or card holder at any time processor permit number and an (ii) IFQ card. An original IFQ card during the fishing year for which it is indication of the information that is issued by the Regional Director. issued until the registered buyer permit being amended. 31240 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(iv) The processor owner’s name or net tons or larger, that is 60 ft (18.3 m) (iv) If a buying station, the name and names, business mailing address, and over LOA, and is required to have ADF&G vessel number (if applicable) of telephone number, and fax number. a Federal fisheries permit under § 679.4. the buying station; the name, ADF&G (v) If the processor is a shoreside (ii) Any shoreside processor, processor number, and Federal processor, the plant’s name, business mothership, or buying station that processor permit number of associated mailing address, ADF&G Processor receives groundfish from vessels processor. Code, telephone number, and fax required to have a Federal fisheries (v) If a shoreside processor or buying number. permit under § 679.4. A shoreside station delivering to a shoreside (vi) If the processor is a vessel, the processor, mothership, or buying station processor, the geographic location of vessel’s name, home port, net tonnage, subject to recordkeeping and reporting operations. LOA, USCG number, telephone number, requirements must report all groundfish (vi) If a representative, the name, fax number, INMARSAT (satellite and prohibited species received, daytime business telephone number communications) number, and ADF&G including: (including area code), fax or telex number. (A) Fish received from vessels not number, and the COMSAT number (if (vii) The applicant’s name, signature, required to have a Federal fisheries applicable) of the representative. and date. permit. (6) Maintenance of records. (i) The (3) Issuance. (i) Permits required (B) Fish received under contract for operator or manager must maintain all under paragraph (f)(1)(i) of this section handling or processing for another records, reports, and logbooks in a will be issued annually by the Regional processor. legible, timely, and accurate manner; in Director. English; if handwritten, in indelible ink; (ii) The Regional Director will issue a (2) Applicability, Federal processor permit. Any processor that retains fish if computer-generated, a printed, paper permit required under paragraph (f)(1)(i) copy; and based on A.l.t. of this section upon receipt of a from a Research Plan fishery is responsible for complying with the (ii) The operator or manager must complete application. account for each day of the fishing year, (iii) Upon receipt of an incomplete or applicable recordkeeping and reporting requirements of this section. starting with January 1 and ending with improperly completed application, the December 31, and the time periods must Regional Director will notify the (3) Responsibility. The operator of a catcher vessel, catcher/processor, be consecutive in the logbook. applicant of the deficiency. No permit (iii) When applicable, the operator or will be issued to an applicant until a mothership, or buying station receiving from a catcher vessel and delivering to manager must record in each report, complete application is submitted. form, and logbook the following (4) Duration. The Federal processor a mothership (hereafter referred to as the operator) and the manager of a information: permit issued by the Regional Director (A) Page number. Number the pages shoreside processor or buying station will continue in full force and effect in each logbook consecutively, receiving from a catcher vessel and through December 31 of the year for beginning with page one and continuing delivering to a shoreside processor which it is issued, or until it is revoked, throughout the logbook for the suspended, or modified under (hereafter referred to as the manager) are remainder of the fishing year, except §§ 600.735 and 600.740 of this chapter. each responsible for complying with the that the manager of a shoreside (5) Transfer. Permits issued under this applicable recordkeeping and reporting processor must number the DCPL pages paragraph (f) are not transferable or requirements of this section. In within Part I and Part II separately, assignable. addition, the owner of a vessel, beginning with page one. (6) Validity. Each permit issued under shoreside processor, or buying station (B) Date, presented as month-day- this paragraph (f) is valid only for the must ensure that the operator, manager, year. vessel or processor for which it is or representative (see paragraph (b) of issued. (C) Time, in military format to the this section) complies with these nearest hour, A.l.t. (7) Inspection. (i) The permit issued requirements and is responsible for under this paragraph (f) must be (D) Position coordinates, latitude and compliance. longitude to the nearest minute maintained on the processor vessel or at (4) Groundfish logbooks and forms. the shoreside processor. (Optional: Record to the nearest second The Regional Director will prescribe and or fraction of minute). (ii) The permit must be available for provide groundfish logbooks and forms inspection upon request by an (E) Reporting area codes, given in required under this section as shown in Figures 1 and 3 of this part. authorized officer or any employee of Table 9 of this part. The operator or NMFS, ADF&G, or the Alaska (F) Species codes, each target species, manager must use these logbooks and the ‘‘other species’’ category, and Department of Public Safety designated forms or obtain approval from the by the Regional Director, Commissioner prohibited species under § 679.21(b), Regional Director to use electronic using the species codes given in Table of ADF&G, or Commissioner of the versions of the logbooks and forms. Alaska Department of Public Safety. 2 of this part. (5) Participant identification (g) King and Tanner crab permits. All (G) Original/revised report. If a report information. The operator or manager processors of BSAI king and Tanner is the first one submitted to the Regional crab must comply with permit must record on all required records, Director for a given date, gear type, and requirements contained in paragraph (f) reports, and logbooks: reporting area, the report should be of this section. (i) The name of the catcher vessel, labeled, ‘‘ORIGINAL REPORT.’’ If the catcher/processor, mothership, report is a correction to a previously § 679.5 Recordkeeping and reporting. shoreside processor, or buying station as submitted report for a given date, gear (a) General requirements—(1) displayed in official documentation. type, and reporting area, the report Applicability, Federal fisheries permit. (ii) If a vessel, the Federal fisheries should be labelled, ‘‘REVISED The following must comply with the permit number and ADF&G vessel REPORT.’’ recordkeeping and reporting number (if applicable). (H) Weights. Landings, product, and requirements of this section: (iii) If a processor, the Federal discards of groundfish and herring must (i) Any catcher vessel, mothership, processor permit number and ADF&G be recorded in pounds or to the nearest catcher/processor, or tender vessel, 5 processor number. 0.01 mt on all forms and logbooks. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31241

(7) Active and inactive periods. The buying station, in pounds or to at least the catcher vessel is required to check operator or manager must, in the DFL, the nearest 0.01 mt. the box entitled ‘‘unsorted codend,’’ and DCL, or DCPL: (B) If more than one page is used the blue DFL logsheet (discards copy) (i) Account for each day of the fishing during a weekly reporting period, the remains in the DFL. year by indicating active and inactive total amount of landings carried forward (B) For presorted deliveries or in the periods as defined under § 679.2. from the previous page. event a catcher vessel has ‘‘bled’’ a (ii) Use a separate logbook page for (C) At the end of each weekly codend prior to delivery to a processor, each day of an active period. reporting period, the cumulative total the operator of the catcher vessel must (iii) Indicate on one page the first and weight, calculated by adding the daily check the ‘‘presorted delivery’’ box, last day of an inactive period. totals and total carried forward for that enter the amount of discards or (iv) Indicate all fishing activity, which week. donations by species, and submit the is defined for each type of vessel as (iii) If no landings occurred, write blue DFL logsheet (discards copy) to the follows: ‘‘NO LANDINGS’’ for that day. mothership, buying station, or shoreside (A) If a catcher vessel—harvest or (9) Product information. The operator processor with each harvest delivery. discard of groundfish. of a catcher/processor or mothership or (iii) Buying station discards/ (B) If a catcher/processor—harvest, the manager of a shoreside processor donations. (A) The operator or manager discard, or processing of groundfish. must, where required: of a buying station must record in the (C) If a mothership or shoreside (i) Record and report groundfish DCL on a daily basis on the day discard processor—receipt, discard, or products by species codes, product occurs, all discards or donations that processing of groundfish. codes, and product designations as occur after receipt of harvest from a (D) If a buying station—receipt, defined in Tables 1 and 2 of this part for catcher vessel and prior to delivery of discard, or delivery of groundfish. each reporting area, whether in Alaska harvest to a mothership or shoreside (v) If in an active period and State waters or Federal waters, gear processor. conducting fishing activity, the operator type, and CDQ number. (B) If a blue DFL logsheet is received or manager must record: (ii) Record in the DCPL each day on from a catcher vessel and contains (A) The gear type used to harvest the the day such production occurs, the reports of discards or donations, the groundfish. If a catcher vessel or daily total, balance brought forward operator or manager of a buying station catcher/processor and using hook-and- (except for shoreside processor), and must record in the DCL the discards and line longline gear, the average number cumulative total fish product weight for donations on the day the DFL logsheet of hooks per skate. each product of groundfish in pounds, is received from the catcher vessel. (B) The reporting area code where or to at least the nearest 0.01 mt. (iv) Catcher/processor discards/ gear retrieval was completed; whether (iii) If no production occurred, write donations. The operator of a catcher/ gear retrieval was in Federal or Alaska ‘‘NO PRODUCTION’’ for that day. processor must record in the DCPL on State waters. (10) Discarded/donated species the day discards or donations occur, all (C) If a catcher vessel, whether a information—(i) General. The operator discards or donations that occur prior to NMFS-certified observer is aboard the or manager must record and report harvest, during harvest, and during vessel. If a catcher/processor, discards and donations by species codes processing. mothership, or shoreside processor, the and discard product codes as defined in (v) Mothership or shoreside processor number of NMFS-certified observers Tables 1 and 2 of this part for each discards/donations. (A) The operator of aboard or on site. reporting area, whether in Alaska State a mothership or manager of a shoreside (D) The number of crew, except for waters or Federal waters, gear type, and processor must record in the DCPL on certified observer(s). CDQ number. a daily basis on the day discards or (E) Whether harvest is under a CDQ (A) The operator or manager must donations occur, all discards or program; if yes, the CDQ number. record the estimated daily total, balance donations that occur on site after receipt (F) If a catcher vessel or buying brought forward, and cumulative total of groundfish, and all discards or station, the name and ADF&G processor round fish weight in the DFL, DCL, or donations that occur during processing number of the mothership or shoreside DCPL each day on the day discards and of groundfish. processor to which groundfish donations occur for each discard or (B) If an unsorted codend is received deliveries were made. donation of groundfish species, from a catcher vessel, the catcher vessel (vi) If in an active period and not groundfish species groups, and Pacific is not required to submit a blue discard conducting fishing activity, the operator herring in pounds, or to at least the logsheet to the mothership or shoreside or manager must indicate ‘‘NO FISHING nearest 0.01 mt. processor. The operator of a mothership ACTIVITY’’ and briefly describe the (B) The operator or manager must or manager of a shoreside processor reason. record the estimated daily total balance must sort the catch received from the (8) Landings information. The brought forward, and cumulative total unsorted codends and must record the manager of a shoreside processor must: numbers in the DFL, DCL, or DCPL each discards by species in the DCPL as (i) Record and report groundfish day on the day discards or donations discard at sea on the day the harvest is landings by species codes and product occur for each discard and donation of received from the catcher vessel. codes as defined in Tables 1 and 2 of Pacific salmon, steelhead trout, halibut, (C) If discards are reported on a blue this part for each reporting area, king crab, and Tanner crab. DFL logsheet from a catcher vessel whether from Alaska State waters or (C) If there were no discards or delivering a presorted codend or if a Federal waters, gear type, and CDQ donations, write ‘‘NO DISCARDS’’, ‘‘0’’, catcher vessel reports an amount bled at number. or ‘‘ZERO’’ for that day. sea, the operator of a mothership or (ii) Record in the DCPL each day on (ii) Catcher vessel discards/donations. manager of a shoreside processor must the day such landings occur, the (A) For deliveries of unsorted codends, record in the DCPL the discards on the following additional information: the catcher vessel is exempt from day the DFL logsheet is received from (A) The daily combined scale weight recording discards in the DFL and from the catcher vessel. of landings retained for processing from submittal of the blue logsheet (discards (D) If a yellow DCL logsheet is a catcher vessel or any associated copy) for that delivery. The operator of received from a buying station and 31242 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations discards or donations are reported, the by February 1 of the following fishing from catcher vessels delivering operator of a mothership or manager of year. groundfish to the buying station. a shoreside processor must record in the (B) During an inactive period that (iv) Pink DCL logsheet. The operator DCPL the discards or donations on the extends across two or more successive or manager of a buying station must day the DCL logsheet is received from quarters, the operator or manager must retain the pink DCL logsheets for 3 years the buying station. complete two logsheets: One to indicate after the end of the fishing year during (11) Contract processing. (i) The the last day of the first inactive quarter which the records were made. manager of a shoreside processor or and the next page to indicate the first (16) Integration of buying station operator of a mothership who receives day of the second inactive quarter. records. (i) The operator or manager of groundfish to be handled or processed (ii) Reports and forms. Reports and a buying station must maintain a under contract for another processor or forms may be submitted by the operator separate DCL for each mothership or business entity must report these fish to or manager by: shoreside processor to which the buying the Regional Director consistently (A) Using the NMFS printed form and station delivers groundfish during a throughout a fishing year using one of faxing it to the fax number on the form; fishing year. the following two methods: or (ii) The operator or manager of a (A) Record landings (if applicable), (B) Transmitting a data file with buying station must submit upon discards, and products of contract- required information and forms to delivery of catch the yellow DCL processed groundfish routinely in the NMFS by modem or satellite logsheets to the shoreside processor or DCPL without separate identification; or (specifically INMARSAT standards A, mothership to which it delivers (B) Record landings (if applicable), B, or C). groundfish, along with the blue DFL discards, and products of contract- (15) Record retention—(i) Original. logsheets and ADF&G fish tickets or processed groundfish in a separate (A) The operator of a catcher vessel, catch receipts for that delivery. DCPL identified by the name, Federal catcher/processor, or mothership, and (iii) Upon conclusion of receiving processor permit number, Federal the manager of a shoreside processor, groundfish for a shoreside processor or fisheries permit number (if applicable), must retain the original (white) copy of mothership, the operator or manager of and ADF&G processor code of the all logbooks and a paper copy of all a buying station must submit the associated business entity. reports and forms, including those original DCL to the manager of a (ii) If contract-processed groundfish reports and forms that were originally shoreside processor or operator of a records are kept separately from the submitted electronically and must make mothership to which deliveries were routine DCPL, the operator of the these documents available for made. mothership or manager of the shoreside inspection by an authorized officer: (iv) If the mothership or shoreside processor must summarize and report (1) On site until the end of the fishing processor receives fish from a buying that information on a WPR identified by year during which the records were station, the operator of the mothership the name, Federal processor permit made and for as long thereafter as fish or manager of the shoreside processor number, Federal fisheries permit or fish products recorded in the must incorporate all of the DCL number (if applicable), and ADF&G logbook, reports, and forms are retained. information into the DCPL. processor code of the associated (2) For 3 years after the end of the (b) Representative. The operator of a business entity. fishing year during which the records catcher vessel, mothership, catcher/ (12) Alteration of records. (i) The were made. processor, or buying station delivering operator, manager, or any other person (B) The operator or manager of a to a mothership or manager of a may not alter or change any entry or buying station must retain the original shoreside processor or buying station record in a logbook, except that an (white) copy of all DCLs on site until the delivering to a shoreside processor may inaccurate or incorrect entry or record buying station has concluded receiving identify one person to fill out and sign may be corrected by lining out the groundfish from a catcher vessel for the logbook, complete the recordkeeping original and inserting the correction, delivery to a shoreside processor or and reporting forms, or both, and to provided that the original entry or mothership and for as long as fish and identify the contact person for inquiries record remains legible. fish products recorded in the DCL are from NMFS. Designation of a (ii) No person except an authorized retained by the buying station. representative under this paragraph officer may remove any original page of (ii) Yellow DCL logsheet. The operator does not relieve the owner, operator, or any logbook. of a mothership or manager of a manager of responsibility for (13) Inspection of records. The shoreside processor must retain a compliance under paragraph (a)(3) of operator or manager must make all photocopy of the yellow DCL logsheets this section. logbooks, reports, and forms required submitted to NMFS under paragraph (c) Catcher vessel DFL and catcher/ under this section available for (a)(14) of this section that were received processor DCPL—(1) Pair trawls. If two inspection upon the request of an from associated buying stations until the catcher vessels are dragging a trawl authorized officer. mothership or shoreside processor between them (pair trawl), a separate (14) Submittal of logbooks, reports receives the original DCL. DFL must be maintained by each vessel. and forms—(i) Logbooks. (A) The (iii) Blue DFL logsheet. (A) The Each vessel operator must log the operator of a catcher vessel, catcher/ operator of a mothership and the amount of the catch retained by that processor, or mothership, or the manager of a shoreside processor must vessel and any fish discarded by the manager of a shoreside processor must retain the blue DFL logsheets (discard vessel. submit the yellow logsheets on a reports) submitted to them by operators (2) Time limit and submittal. (i) The quarterly basis to the NMFS Alaska of catcher vessels through the last day operator of a catcher vessel or catcher/ Fisheries Science Center, Logbook of the fishing year during which the processor must record in the DFL or Program, Seattle, WA, as follows: First records were made. DCPL, the time, position, and estimated quarter, by May 1 of that fishing year; (B) The operator or manager of a groundfish catch weight within 2 hours second quarter, by August 1 of that buying station must submit to the after gear retrieval. fishing year; third quarter, by November mothership or shoreside processor any (ii) The operator of a catcher vessel 1 of that fishing year; and fourth quarter, blue logsheets (discard report) received must record all other information Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31243 required in the DFL by noon of the day vessel or catcher/processor must record the buying station must record discard/ following gear retrieval. discard/donation information as donation information as described in (iii) The operator of a catcher/ described in paragraph (a)(10) of this paragraph (a)(10) of this section. processor must record all other section. (e) Mothership DCPL—(1) Time limits. information required in the DCPL by (iv) Catcher vessels. If a catcher (i) The operator of each mothership noon of the day following completion of vessel, the operator must record: must record entries in the DCPL as to production. (A) The date of delivery. catcher vessel or buying station delivery (iv) The operator of a catcher vessel (B) The name, ADF&G processor code, information within 2 hours after must submit the blue DFL logsheets and ADF&G fish ticket number(s) completion of the groundfish receipt. with delivery of the harvest to the provided by the operator of the (ii) All other information required in operator of a mothership or a buying mothership or buying station delivering the DCPL must be recorded by noon of station delivering to a mothership, or to to a mothership, or the manager of a the day following the day the catch the manager of a shoreside processor or shoreside processor or buying station receipt, discard, or production occurred. buying station delivering to a shoreside delivering to a shoreside processor. (2) Information required—(i) General. processor. (v) Catcher/processors. If a catcher/ The operator of each mothership must (v) Notwithstanding other time limits, processor, the operator must record record on each page: the operator of a catcher vessel must product information as set forth in (A) Page number as described in record all information required in the paragraph (a)(9) of this section. paragraph (a)(6)(iii)(A) of this section. DFL within 2 hours after the vessel’s (d) Buying station DCL—(1) Time (B) The date. (C) The name, ADF&G processor catch is offloaded. limits. (i) The operator or manager of (vi) Notwithstanding other time each buying station subject to this part number, and Federal processor number. (D) The operator’s signature. limits, the operator of a catcher/ must record entries in the DCL as to (E) Whether mothership is in an processor must record all information catcher vessel delivery information active or inactive period as described in required in the DCPL within 2 hours within 2 hours after completion of paragraph (a)(7) of this section. after the vessel’s catch is offloaded. receipt of the groundfish. (ii) Deliveries. The operator or each (3) Information required—(i) General. (ii) All other information required in mothership must record for each The operator of a catcher vessel or the DCL must be recorded by noon of delivery: catcher/processor must record on each the day following the day the receipt of (A) Whether delivery is from a catcher page: groundfish was completed or discard vessel or a buying station. (A) Page number as described in occurred. (B) The name and ADF&G vessel paragraph (a)(6)(iii)(A) of this section. (2) Information required—(i) General. registration number (if applicable) of the (B) The start date and end date of the The operator or manager of a buying catcher vessel or buying station fishing trip. station must record for each page: delivering the groundfish. (C) If a catcher vessel, the vessel name (A) Page number as described in (C) The time and position coordinates and ADF&G vessel registration number. paragraph (a)(6)(iii)(A) of this section. of the mothership when groundfish (D) If a catcher/processor, the name, (B) The date. catch is received. ADF&G processor number, and Federal (C) The buying station name and, if a (D) The estimated total ground fish processor number of the catcher/ vessel, the ADF&G vessel number. weight of the groundfish catch. processor. (D) The operator’s or manager’s (E) The ADF&G fish ticket number (E) The signature of the operator of signature. issued to each catcher vessel delivering the catcher vessel or catcher/processor. (E) Whether the buying station is in groundfish. If a fish ticket is not issued, (F) Whether catcher vessel or catcher/ an active or inactive period as described record the catch receipt number of the processor is in an active or inactive in paragraph (a)(7) of this section. transaction. period as described in paragraph (a)(7) (F) The name and ADF&G processor (iii) Discard/donation. The operator of of this section. code of the mothership or shoreside each mothership must record discard/ (ii) Haul/set information. The processor to which groundfish donation information as described in operator of a catcher vessel or catcher/ deliveries were made. paragraph (a)(10) of this section. processor must record the following for (G) The number of crew. (iv) Production information. The each haul or set: (ii) Groundfish deliveries. The operator of each mothership must (A) Date (month-day-year). operator or manager of a buying station record product information as described (B) The number of haul or set, by must record the following information in paragraph (a)(9) of this section. sequence; begin time and position for each delivery of groundfish: (f) Shoreside processor DCPL—(1) coordinates of gear deployment; average (A) The ADF&G fish ticket number Time limits. (i) The manager of each sea depth and average gear depth, issued to each catcher vessel delivering shoreside processor must record in the recorded to the nearest meter or fathom. groundfish. If a fish ticket was not DCPL all catcher vessel or buying (C) The date, time, and position issued, the catch receipt number of the station delivery information within 2 coordinates of gear retrieval. If the transaction. hours after completion of the groundfish vessel is using longline hook-and-line (B) Whether blue DFL logsheets were receipt. gear, the number of skates set. If the received from the catcher vessel (ii) All other information required in vessel is using longline pot or single pot delivering the groundfish. the DCPL must be recorded by noon of gear, the total number of pots set. (C) The time when receipt of the day following the day the catch (D) The estimated total round fish groundfish catch was completed. receipt, discard, or production occurred. weight of the groundfish catch. (D) The name and ADF&G vessel (2) Information required—(i) Part IA. (E) The species code of the intended registration number of the catcher vessel The manager of each shoreside target species from Table 2 of this part. delivering the groundfish. processor must record on each page: (F) The estimated IFQ sablefish (E) The total groundfish delivery (A) If a page is for an individual day, amounts in the ‘‘comments’’ column. weight. the date. If a page is for 1 week, the (iii) Discard/donated species (iii) Discard/donated species week-ending date. See also paragraph information. The operator of a catcher information. The operator or manager of (a)(6)(iii)(A) of this section. 31244 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(B) Participant identification (ii) The manager of a shoreside (C) If the transfer is made to an agent, information as described in paragraph processor must report on a PTR those the agent’s name. For purposes of this (a)(5) of this section. fish products that are subsequently section, ‘‘agent’’ is defined as the (C) The signature of the manager. transferred to an offsite meal reduction transport company, the buyer, or the (D) Whether the shoreside processor plant. distributor. is in an active or inactive period as (iii) The operator of a mothership or (D) Intended first destination of described in paragraph (a)(7) of this catcher/processor or manager of a product. (1) If an offload or shipment, section. shoreside processor must report on a the intended destination of the vessel or (ii) Part IB. The manager of each PTR, daily sales or transfer of agent receiving the groundfish or shoreside processor must record the groundfish to vessels for bait. Individual groundfish product. following information for each delivery: sales of groundfish for bait purposes (2) If an offload or shipment has (A) Date and time when receipt of during a day may be aggregated when several destinations, the first intended groundfish catch was completed. recording the amount of product leaving destination. (B) Whether delivery is from catcher a facility that day. (3) If offload or shipment has a single vessel or buying station. (2) Time limits and submittal. The destination but requires loading on (C) Whether blue DFL logsheets were operator of a mothership or catcher/ multiple vans, trucks, or airline flights, submitted by catcher vessel. processor or manager of a shoreside the transfer may be recorded on a single (D) The name and ADF&G vessel PTR page. registration number (if applicable) of the processor must: (i) Record all product transfer (E) Date and time of product catcher vessel or buying station transfer—(1) Start date. The date, as delivering the groundfish. information on a PTR within 2 hours of the completion of the transfer. described in paragraph (a)(6)(iii)(B) of (E) The total scale weight of this section, and time, as described in groundfish delivery in pounds or to the (ii) Submit by fax a copy of each PTR to the Regional Director within 24 hours paragraph (a)(6)(iii)(C) of this section, nearest 0.01 mt. the transfer starts. (F) The ADF&G fish ticket number of completion of transfer. (2) Finish date. The date and time the issued to the catcher vessel delivering (3) Information required—(i) General. transfer is completed, as follows: groundfish. If a fish ticket is not issued, The operator of a mothership or catcher/ processor or manager of a shoreside (i) If shipment is an individual van record the catch receipt number of the load or flight, the date and time when transaction. processor must record on each page of a PTR: each shipment leaves the plant. (iii) Landings information, Part IC. (ii) If shipment involves multiple vans (A) Whether the PTR is an original or The manager must record: or trucks, the date and time when (A) The date next to the appropriate revised report, as described in loading of vans or trucks is completed day of the week (SUN through SAT). paragraph (a)(6)(iii)(G) of this section. for each day. (B) Landings information as described (B) Page numbers must be numbered (iii) If shipment involves airline in paragraph (a)(8) of this section. consecutively, starting with the first flights, record date, as described in (iv) Discarded/donated species transfer of the fishing year as page 1 and paragraph (a)(6)(iii)(B) of this section, information (Part ID). The manager of continuing throughout the remainder of and time, as described in paragraph each shoreside processor must record: the fishing year. (A) The date next to the appropriate (a)(6)(iii)(C) of this section, when the (C) ‘‘RECEIPT,’’ if product (including last airline flight shipment of the day day of the week (SUN through SAT). raw fish) is received; ‘‘OFFLOAD,’’ if (B) Discard information, as described leaves the plant. product (including raw fish) is offloaded (F) Position transferred. If a catcher/ in paragraph (a)(10) of this section. from a mothership or catcher/processor; (v) Part II. The manager of each processor or mothership and transfer of ‘‘SHIPMENT,’’ if product (including raw product is made at sea, the transfer shoreside processor must record: fish) is shipped from a shoreside (A) Page numbers must be position coordinates. processor. consecutive within Part II, beginning (iii) Products and quantities (D) Representative identification with page one for the first day product offloaded, shipped, or received. The information, as described in paragraph was produced after the start of the operator of a catcher/processor or (a)(5)(vi) of this section. fishing year and continuing throughout mothership or manager of a shoreside (E) If a catcher/processor or the section for the remainder of the processor must record the following mothership, the participant fishing year. information: identification information as described (B) The name, ADF&G processor code (A) If a catcher/processor or in paragraph (a)(5) of this section and number, and Federal processor number mothership, the Harvest Zone code of USCG documentation number. If a of shoreside processor. the area in which groundfish were (C) The signature of the manager of shoreside processor, the participant harvested as defined in Table 8 of this the shoreside processor. identification information as described part. (D) Product information. (1) The in paragraph (a)(5) of this section. (B) The species code and product week-ending date. (ii) Transfer information. The operator code for each product transferred as (2) The management area (BSAI or of a catcher/processor or mothership or defined in Tables 1 and 2 of this part. GOA). manager of a shoreside processor must (C) The number of cartons or (3) The date next to the appropriate record on each page the following production units transferred. day of the week (SUN through SAT). information for each transfer: (D) The average net weight of one (4) Product information as described (A) If another vessel is involved with carton for each species and product in paragraph (a)(9) of this section. the transfer, the name and call sign of code in kilograms or pounds. (g) Groundfish Product Transfer the vessel receiving or delivering (E) The total net weight (fish product Report (PTR)—(1) Applicability. (i) The groundfish or groundfish products. weight, to the nearest 0.01 mt) of the operator of a mothership or catcher/ (B) If a mothership or catcher/ products transferred. processor or the manager of a shoreside processor and the transfer takes place in (iv) Total or partial offload. If a processor must record each transfer of port, the port of landing and country, if catcher/processor or mothership, groundfish product on a separate PTR. a foreign location. whether the transfer is a total or partial Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31245 offload. If partial offload, the total fish groundfish, the operator must submit by delivering to a shoreside processor must product weight, to the nearest 0.01 mt, fax a check-out report to the Regional record: of the products (by harvest zone, species Director within 24 hours after departing (A) For a catcher/processor, date and and product codes) remaining on board a reporting area or leaving either the time that gear is deployed. For a after this transfer. Alaska State or Federal part of a mothership, date and time that receipt (h) Check-in/check-out report—(1) reporting area. of groundfish begins. Applicability—(i) Transit between (C) Shoreside processor. If a shoreside (B) For a catcher/processor, position reporting areas. If a vessel is transiting processor, the manager must submit by coordinates where gear is set. For a through a reporting area and is not fax a check-out report to the Regional mothership, position coordinates where fishing or receiving fish, a check-in or Director within 48 hours after the end groundfish receipt begins. check-out report is not required from of the applicable weekly reporting (C) For a catcher/processor, the that area. period that a shoreside processor ceases reporting area code of gear deployment (ii) Multiple vessel operations to process groundfish for the fishing and whether gear deployment was in categories—(A) Check-in report. If a year or has not processed groundfish for Federal or Alaska State waters. For a catcher/processor is functioning more than one weekly reporting period. mothership or buying station delivering simultaneously as a mothership in the (D) Buying station delivering to a to a mothership, the reporting area code same reporting area, the operator must shoreside processor. If a buying station where groundfish receipt begins and submit a separate check-in report for delivering to a shoreside processor, the whether receipt of groundfish occurred each vessel operations category. manager must submit by fax a check-out in Federal or Alaska State waters. (B) Check-out report. Upon report to the Regional Director within 48 (D) For a shoreside processor, the date completion of each activity, the operator hours after the applicable weekly receipt of groundfish will begin, must submit a check-out report for each reporting period that a buying station whether checking in for the first time in vessel operations category. delivering to a shoreside processor fishing year or checking in to restart (2) Time limits and submittal—(i) ceases to receive or deliver groundfish receipt and processing of groundfish Check-in report (BEGIN message)—(A) for the fishing year or has not received after filing a check-out report. Catcher/processor. Before the operator or delivered groundfish for more than (E) For a mothership or catcher/ of a catcher/processor commences one weekly reporting period. processor, the primary and secondary harvest of groundfish in Alaska State or (E) End of fishing year. If a check-out species expected to be harvested. For a Federal waters of any reporting area report has not previously been buying station, the intended primary except 300, 400, 550, or 690, the submitted during a fishing year, the target expected to be harvested. A operator must submit by fax a check-in operator or manager must submit a change in intended target species within report (BEGIN message) to the Regional check-out report at the end of that the same reporting area does not require Director. fishing year, December 31. a new BEGIN message. (B) Mothership or buying station (3) Information required—(i) General. (iii) CEASE message. The operator of delivering to a mothership. Before the The operator of a catcher/processor, a catcher/processor, mothership, or operator of a mothership or buying mothership, or buying station delivering buying station delivering to a station delivering to a mothership to a mothership or the manager of a mothership or the manager of a commences receipt of groundfish from shoreside processor or buying station shoreside processor or buying station Alaska State or Federal waters of any delivering to a shoreside processor must delivering to a shoreside processor must reporting area except 300, 400, 550, or record on each page: report: 690, the operator must submit by fax a (A) Whether it is an original or (A) If a catcher/processor, mothership check-in report (BEGIN message) to the revised report as described in paragraph or buying station delivering to a Regional Director. (a)(6)(iii)(G) of this section. mothership, the date, time and position (C) Shoreside processor or buying (B) Participant identification coordinates where the vessel departed station delivering to a shoreside information as described in paragraph the reporting area or moved to Federal processor. Before the manager of a (a)(5) of this section. waters from Alaska State waters within shoreside processor or buying station (C) Representative identification a reporting area, or vice versa. delivering to a shoreside processor information as described in paragraph (B) If a shoreside processor or buying commences receipt of groundfish from (a)(5)(vi) of this section. station delivering to a shoreside Alaska State or Federal waters of any (D) For a mothership or catcher/ processor, the date that receipt of reporting area except 300, 400, 550, or processor, the processor type and gear groundfish ceased. 690, the manager must submit by fax a type used to harvest the groundfish. If (iv) Fish or fish product held at plant. check-in report to the Regional Director. groundfish are received by a mothership The manager of a shoreside processor (ii) Check-out report (CEASE in the same reporting area from more must report the weight of the fish or fish message)—(A) Catcher/processor. If a than one gear type, or if groundfish are products in pounds or to the nearest catcher/processor departs a reporting caught by a catcher/processor in the 0.01 mt by species and product codes. area or moves between Alaska State and same reporting area using more than one (i) Weekly Production Report (WPR)— Federal waters in a reporting area, and gear type, the operator must submit a (1) Applicability. (i) The operator of a gear retrieval is complete from that area, separate form for each gear type. catcher/processor or mothership or the the operator must submit by fax a check- (E) Whether harvest is under a CDQ manager of a shoreside processor must out report to the Regional Director Program; if yes, the CDQ number. submit a WPR for any week the within 24 hours after departing a (F) If a buying station, the number of mothership, catcher/processor, or reporting area or leaving either the crew on the last day of the reporting shoreside processor is checked in Alaska State or Federal part of a week. pursuant to paragraph (h)(2)(i) of this reporting area. (ii) BEGIN message. The operator of a section. (B) Mothership or buying station catcher/processor, mothership, or (ii) The operator of a vessel that is delivering to a mothership. If a buying station delivering to a authorized to conduct operations as mothership or buying station delivering mothership or the manager of a both a catcher/processor and as a to a mothership completes receipt of shoreside processor or buying station mothership must submit separate WPRs 31246 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations to report production and discard as a notification in the Federal Register or crosses the U.S.-Canadian catcher/processor and production and specifying the fisheries that require international boundary between Alaska discard as a mothership. DPRs and the dates that submittal of and British Columbia. (2) Time limits and submittal. The DPRs are required. (2) Information required—(i) General. operator or manager must submit a WPR (2) Applicability. (i) If a catcher/ The operator of each catcher vessel, by fax to the Regional Director by 1200 processor, mothership, or shoreside catcher/processor, or mothership must hours, A.l.t., on the Tuesday following processor is checked in to the specified record on each page: the end of the applicable weekly reporting area and is harvesting, (A) Whether an original or revised reporting period. receiving, processing, or discarding the report as described in paragraph (3) Information required—(i) General. specified species or is receiving reports (a)(6)(iii)(G) of this section. The operator of a catcher/processor or from a catcher vessel of discard at sea (B) Participant identification mothership, or the manager of a of the specified species, the operator of information as described in paragraph shoreside processor must record on each catcher/processor or mothership or the (a)(5) of this section. page: manager of a shoreside processor must (C) Representative identification (A) Whether an original or revised submit a DPR. information as described in paragraph report, as described in paragraph (ii) The operator of a catcher/ (a)(5)(vi) of this section, and date VAR (a)(6)(iii)(G) of this section. processor or mothership or the manager was completed. (B) Participant identification of a shoreside processor must use a (D) If the vessel is crossing into the information as described in paragraph separate DPR for each gear type, seaward boundary of the EEZ off Alaska (a)(5) of this section. processor type, and CDQ number. or crossing the U.S.-Canadian (C) Representative identification (3) Time limit and submittal. The international boundary between Alaska information as described in paragraph operator or manager must submit a DPR and British Columbia, the operator must (a)(5)(vi) of this section and date WPR by fax to the Regional Director by 1200 indicate ‘‘return’’ report. was completed. hours, A.l.t., the day following each day (E) If the vessel is crossing out of the (D) If a mothership or catcher/ of landings, discard, or production. seaward boundary of the EEZ off Alaska processor, the processor type and gear (4) Information required—(i) General. or crossing the U.S.-Canadian type used to harvest the groundfish. The operator of a catcher/processor or international boundary between Alaska (E) Whether harvest is under a CDQ mothership, or the manager of a and British Columbia into Canadian Program; if yes, the CDQ number. shoreside processor must record on each waters, the operator must indicate (F) The week-ending date. page: ‘‘depart’’ report. (G) The primary and secondary target (A) Whether it is an original or (F) Port of landing. codes for the next week. revised report as described in paragraph (G) Whether the vessel is returning (H) If a mothership or catcher/ (a)(6)(iii)(G) of this section. from fishing or departing to fish in the processor, the number of crew on the (B) Participant identification Russian Zone. last day of the reporting week. information as described in paragraph (H) Date and time the vessel will cross (ii) Landings information. The (a)(5) of this section, and processor type. the seaward boundary of the EEZ off manager of a shoreside processor must (C) Representative identification Alaska or the U.S.-Canadian report landings information as described information as described in paragraph international boundary between Alaska in paragraph (a)(8) of this section. (a)(5)(vi) of this section. and British Columbia. (iii) Discarded/donated species (D) The gear type used to harvest the (I) Latitude and longitude at the point information (Part ID). The operator of a groundfish, date landings were received, of crossing the seaward boundary of the catcher/processor or mothership, or the and Federal reporting area where EEZ off Alaska or U.S.-Canadian manager of a shoreside processor must landings were harvested. international boundary between Alaska report discard/donated species (E) Whether harvest is under a CDQ and British Columbia. information as described in paragraph Program; if yes, the CDQ number. (ii) Fish or fish products. The operator (a)(10) of this section. (ii) Landings information. The of a catcher vessel, catcher/processor, or (iv) Product information. The operator manager of a shoreside processor must mothership must record the fish or fish of a catcher/processor or mothership, or report landings information as described product on board the vessel when the manager of a shoreside processor in paragraph (a)(8) of this section. crossing the seaward boundary of the must report product information as (iii) Product information. The EEZ off Alaska or U.S.-Canadian described in paragraph (a)(9) of this operator of a mothership or catcher/ international boundary as follows: section. processor must report product (A) The Harvest Zone code of the area (v) Catcher vessel delivery information as described in paragraph in which groundfish were harvested as information. If ADF&G fish tickets are (a)(9) of this section. defined in Table 8 of this part. issued, the operator of the mothership (iv) Discard/donated species (B) The species code and product or manager of the shoreside processor information. The operator of a code for each species on board as must list the fish ticket numbers issued mothership or catcher/processor and the defined in Tables 1 and 2 of this part. to catcher vessels for the weekly manager of a shoreside processor must (C) The fish product weight of reporting period. report discard/donated species products on board in pounds or to the (j) Daily Production Report (DPR)—(1) information as described in paragraph nearest 0.01 mt. Notification. If the Regional Director (a)(10) of this section. (l) IFQ recordkeeping and reporting determines that DPRs are necessary to (k) U.S. Vessel Activity Report requirements. In addition to the avoid exceeding a groundfish TAC or (VAR)—(1) Applicability. The operator recordkeeping and reporting prohibited species bycatch allowance, of a catcher vessel, catcher/processor, or requirements in this section and as NMFS may require submission of DPRs mothership regulated under this part specified in part 301 of this title, the from motherships, catcher/processors, must submit a VAR by fax to NMFS following reports are required. and shoreside processors for reporting Alaska Enforcement Division, Juneau, (1) IFQ landings report—(i) Prior one or more specified species, in AK, before the vessel crosses the notice of IFQ landing. The operator of addition to a WPR. NMFS will publish seaward boundary of the EEZ off Alaska any vessel making an IFQ landing must Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31247 notify the Alaska Region, NMFS, no less (ii) Submittal. (A) A shipment report (3) IFQ vessel clearance—(i) than 6 hours before landing IFQ halibut must be submitted to the Chief, RAM Applicability. A person who makes an or IFQ sablefish, unless permission to Division, prior to shipment or transfer, IFQ landing at any location other than commence an IFQ landing within 6 in a manner prescribed on the registered in an IFQ regulatory area or in the State hours of notification is granted by a buyer permit. of Alaska must obtain prelanding clearing officer. (B) A shipment report must specify: written clearance of the vessel and (A) Notification of an IFQ landing Species and product type being provide the weight of IFQ halibut and must be made to the toll-free telephone shipped, number of shipping units, fish IFQ sablefish on board to the clearing number specified on the IFQ permit product weight, names of the shipper officer. between the hours of 0600 hours, A.l.t., and receiver, names and addresses of (ii) State of Alaska. A vessel obtaining and 2400 hours, A.l.t. the consignee and consignor, mode of prelanding written clearance at a port in (B) Notification must include: Name transportation, and intended route. the State of Alaska must obtain that and location of the registered buyer(s) to (iii) Registered buyer. A registered clearance prior to departing the waters whom the IFQ halibut or IFQ sablefish buyer must assure that: of the EEZ adjacent to the jurisdictional will be landed, vessel identification, (A) Shipments of IFQ halibut or IFQ waters of the State of Alaska, the estimated weight of the IFQ halibut or sablefish from that registered buyer in territorial sea of the State of Alaska, or IFQ sablefish that will be landed, Alaska or in any IFQ regulatory area to the internal waters of the State of identification number(s) of the IFQ a destination outside Alaska or outside Alaska. card(s) that will be used to land the IFQ an IFQ regulatory area do not commence (iii) State other than Alaska. (A) A halibut or IFQ sablefish, and anticipated until the shipment report is received by vessel obtaining prelanding written date and time of landing. the Alaska Region, NMFS. clearance at a port in a state other than (ii) Registered buyer reports IFQ (B) A copy of the shipment report or Alaska must provide a departure report landings. (A) A registered buyer must a bill of lading that contains the same to NMFS, Alaska Region, prior to report an IFQ landing in the manner information accompanies the shipment departing the waters of the EEZ adjacent prescribed on the registered buyer to all points of sale in Alaska and to the to the jurisdictional waters of the State permit within 6 hours after all such fish first point of sale outside of Alaska. of Alaska, the territorial sea of the State (iv) Dockside sale and outside are landed and prior to shipment or of Alaska, or the internal waters of the landing. (A) A person holding a valid departure of the delivery vessel from the State of Alaska. IFQ permit, IFQ card, and registered landing site. (B) The departure report must include buyer permit may conduct a dockside (B) An IFQ landing may be made only the weight of the IFQ halibut or IFQ sale of IFQ halibut or IFQ sablefish to between the hours of 0600 hours, A.l.t., sablefish on board and the intended a person who has not been issued a and 1800 hours, A.l.t., unless date and time the vessel will obtain registered buyer permit. prelanding written clearance at that port permission to land at a different time is (B) The person making such an IFQ granted in advance by a clearing officer. in a state other than Alaska. landing must submit an IFQ landing (iv) Foreign port other than Canada. An IFQ landing may continue after this report in the manner prescribed in A vessel operator who lands IFQ species time period if it were started during the paragraph (l)(1) of this section before in a foreign port must first obtain vessel period. any fish are sold, transferred, or clearance from a clearing officer located (iii) Verification and inspection. (A) removed from the immediate vicinity of at a primary port in the State of Alaska. Each IFQ landing and all fish retained the vessel with which they were (v) Canadian ports. No person shall on board the vessel making an IFQ harvested. make an IFQ landing in Canada other landing are subject to verification, (C) A receipt that includes the date of than at the ports of Port Hardy, Prince inspection, and sampling by authorized sale or transfer, the registered buyer Rupert, or Vancouver, British Columbia. officers, clearing officers, or observers. permit number, and the fish product (vi) Reporting requirements. (A) A Each IFQ halibut landing is subject to weight of the sablefish or halibut vessel operator must land and report all sampling for biological information by transferred must be issued to each IFQ species on board at the same time persons authorized by the IPHC. individual receiving IFQ halibut or IFQ and place as the first landing of any (B) A copy of all reports and receipts sablefish through a dockside sale. species harvested during a fishing trip. required by this section must be (D) A person holding a valid IFQ (B) Any person requesting a vessel retained by registered buyers and be permit, IFQ card, and registered buyer clearance must have valid IFQ and made available for inspection by an permit may conduct a IFQ landing registered buyer permits and one or authorized officer or a clearing officer outside an IFQ regulatory area or the more valid IFQ cards on board that for a period of 3 years. State of Alaska to a person who does not indicate that IFQ holdings are equal to (iv) Information required. Information hold a registered buyer permit. The or greater than all IFQ halibut and IFQ contained in a complete IFQ landing person making such an IFQ landing sablefish on board, and must report the report shall include: Date, time, and must submit an IFQ landing report in intended date, time, and location of IFQ location of the IFQ landing; names and the manner prescribed in paragraph landing. permit numbers of the IFQ card holder (l)(1) of this section. (C) Any person granted a vessel and registered buyer; product type (v) Transshipment. (A) No person clearance must submit an IFQ landing landed; and fish product weight of may transship processed IFQ halibut or report, required under this section, for sablefish and halibut landed. IFQ sablefish between vessels without all IFQ halibut, IFQ sablefish, and (2) IFQ shipment report—(i) authorization by a clearing officer. products thereof that are on board the Applicability. Each registered buyer, Authorization must be obtained for each vessel at the first landing of any fish other than those conducting dockside instance of transshipment. from the vessel. sales, must report on a shipment report (B) An IFQ transshipper’s request for (vii) Inspection. A vessel seeking any shipments or transfers of IFQ authorization to transship must be clearance is subject to inspection of all halibut and IFQ sablefish to any received by a clearing officer at least 24 fish, log books, permits, and other location other than the location of the hours before the transshipment is documents on board the vessel, at the IFQ landing. intended to occur. discretion of the clearing officer. 31248 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(viii) Primary ports. Unless (iii) Vessel and gear to be used. application, if the applicant desires. If specifically authorized on a case-by-case (iv) Experimental design (e.g., the Regional Director initiates basis, vessel clearances will be issued sampling procedures, the data and consultation with the Council, NMFS only by clearing officers at the following samples to be collected, and analysis of will publish notification of receipt of primary ports: the data and samples). the application in the Federal Register (v) Provision for public release of all with a brief description of the proposal. Port North West obtained information, and submission of (d) Notifying the applicant. (1) The latitude longitude interim and final reports. decision of the Regional Director, after (5) The willingness of the applicant to Akutan ...... 54°08′05′′ 165°46′20′′ consulting with the Council, to grant or Bellingham ..... 48°45′04′′ 122°30′02′′ carry observers, if required by the deny an experimental fishing permit is Cordova ...... 60°33′00′′ 145°45′00′′ Regional Director, and a description of the final action of the agency. The Craig ...... 55°28′30′′ 133°09′00′′ accommodations and work space for the Regional Director shall notify the Dutch Harbor/ 53°53′27′′ 166°32′05′′ observer(s). applicant in writing of the decision to Unalaska. (6) Details for all coordinating parties grant or deny the experimental fishing Excursion Inlet 58°25′00′′ 135°26′30′′ engaged in the experiment and permit and, if denied, the reasons for ° ′ ′′ ° ′ ′′ Homer ...... 59 38 40 151 33 00 signatures of all representatives of all the denial, including: Ketchikan ...... 55°20′30′′ 131°38′45′′ ° ′ ′′ ° ′ ′′ principal parties. (i) The applicant has failed to disclose King Cove ...... 55 03 20 162 19 00 (7) Information about each vessel to Kodiak ...... 57°47′20′′ 152°24′10′′ material information required, or has Pelican ...... 57°57′30′′ 136°13′30′′ be covered by the experimental fishing made false statements as to any material Petersburg ..... 56°48′10′′ 132°58′00′′ permit, including: fact, in connection with the application. St. Paul ...... 57°07′20′′ 170°16′30′′ (i) Vessel name. (ii) According to the best scientific Sand Point ..... 55°20′15′′ 160°30′00′′ (ii) Name, address, and telephone information available, the harvest to be Seward ...... 60°06′30′′ 149°26′30′′ number of owner and master. conducted under the permit would Sitka ...... 57°03 135°20 (iii) USCG documentation, state detrimentally affect living marine ° ° ′ Yakutat ...... 59 33 139 44 license, or registration number. resources, including marine mammals (iv) Home port. and birds, and their habitat in a § 679.6 Experimental fisheries. (v) Length of vessel. significant way. (a) General. For limited experimental (vi) Net tonnage. (iii) Activities to be conducted under purposes, the Regional Director may (vii) Gross tonnage. the experimental fishing permit would authorize, after consulting with the (8) The signature of the applicant. be inconsistent with the intent of this Council, fishing for groundfish in a (9) The Regional Director may request section or the management objectives of manner that would otherwise be from an applicant additional the FMP. prohibited. No experimental fishing information necessary to make the (iv) The applicant has failed to may be conducted unless authorized by determinations required under this demonstrate a valid justification for the an experimental fishing permit issued section. Any application that does not permit. by the Regional Director to the include all necessary information will (v) The activity proposed under the participating vessel owner in be considered incomplete. An experimental fishing permit could accordance with the criteria and incomplete application will not be create a significant enforcement procedures specified in this section. considered to be complete until the problem. Experimental fishing permits will be necessary information is provided in (vi) The applicant failed to make issued without charge and will expire at writing. An applicant for an available to the public information that the end of a calendar year unless experimental fishing permit need not be had been obtained under a previously otherwise provided for under paragraph the owner or operator of the vessel(s) for issued experimental fishing permit. (e) of this section. which the experimental fishing permit (vii) The proposed activity had (b) Application. An applicant for an is requested. economic allocation as its sole purpose. experimental fishing permit shall (c) Review procedures. (1) The (2) In the event a permit is denied on submit to the Regional Director, at least Regional Director, in consultation with the basis of incomplete information or 60 days before the desired effective date the Alaska Fishery Science Center, will design flaws, the applicant will be of the experimental fishing permit, a review each application and will make provided an opportunity to resubmit the written application including, but not a preliminary determination whether application, unless a permit is denied limited to, the following information: the application contains all the because experimental fishing would (1) The date of the application. information necessary to determine if detrimentally affect marine resources, (2) The applicant’s name, mailing the proposal constitutes a valid fishing be inconsistent with the management address, and telephone number. experiment appropriate for further objectives of the FMP, create significant (3) A statement of the purpose and consideration. If the Regional Director enforcement problems, or have goal of the experiment for which an finds any application does not warrant economic allocation as its sole purpose. experimental fishing permit is needed, further consideration, the applicant will (e) Terms and conditions. The including a general description of the be notified in writing of the reasons for Regional Director may attach terms and arrangements for disposition of all the decision. conditions to the experimental fishing species harvested under the (2) If the Regional Director determines permit that are consistent with the experimental fishing permit. any application is complete and purpose of the experiment, including, (4) Technical details about the warrants further consideration, he or but not limited to: experiment, including: she will initiate consultation with the (1) The maximum amount of each (i) Amounts of each species to be Council by forwarding the application species that can be harvested and harvested that are necessary to conduct to the Council. The Council’s Executive landed during the term of the the experiment, and arrangement for Director shall notify the applicant of a experimental fishing permit, including disposition of all species taken. meeting at which the Council will trip limitations, where appropriate. (ii) Area and timing of the consider the application and invite the (2) The number, sizes, names, and experiment. applicant to appear in support of the identification numbers of the vessels Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31249 authorized to conduct fishing activities (ii) Deployment of pot gear by groundfish, except for vessels fishing for under the experimental fishing permit. operators of vessels fishing for crab halibut in accordance with part 301 of (3) The time(s) and place(s) where during seasons governed by the State of this title: experimental fishing may be conducted. Alaska. (i) Fail to release the halibut outboard (4) The type, size, and amount of gear (iii) Deployment of jig gear by a vessel’s rails. that may be used by each vessel operators of vessels fishing for salmon (ii) Release the halibut by any method operated under the experimental fishing during seasons governed by the State of other than—A) Cutting the gangion. permit. Alaska. (B) Positioning the gaff on the hook (5) The condition that observers be (7) Inshore/offshore (Applicable and twisting the hook from the halibut. carried aboard vessels operated under through December 31, 1998). (C) Straightening the hook by using an experimental fishing permit. (i) Operate any vessel in more than the gaff to catch the bend of the hook (6) Reasonable data reporting one of the three categories included in and bracing the gaff against the vessel or requirements. the definition of ‘‘inshore component,’’ any gear attached to the vessel. (7) Such other conditions as may be in § 679.2, during any fishing year. (iii) Puncture the halibut with a gaff necessary to assure compliance with the (ii) Operate any vessel under both the or other device. purposes of the experimental fishing ‘‘inshore component’’ and ‘‘offshore (iv) Allow the halibut to contact the permit and consistency with the FMP component’’ definitions in § 679.2 vessel, if such contact causes, or is objectives. during the same fishing year. capable of causing, the halibut to be (8) Provisions for public release of (8) Fishing in Donut Hole. Except as stripped from the hook. data obtained under the experimental authorized by permit issued pursuant to (4) Crab, when fishing for groundfish fishing permit. the section of the Donut Hole with trawl gear. Except for pollock by (f) Effectiveness. Unless otherwise Convention implementing legislation vessels using pelagic trawl gear, have on specified in the experimental fishing authorizing NMFS to issue Donut Hole board, at any particular time, 20 or more permit or superseding notification or fishing permits (Public Law 104–43, crabs of any species that have a width regulation, an experimental fishing section 104(d)), it is unlawful for any of more than 1.5 inches (38 mm) at the permit is effective for no longer than 1 person to: widest dimension, and that are caught calendar year, but may be revoked, (i) Fish in the Donut Hole from a with trawl gear when directed fishing suspended, or modified during the vessel for which a Federal fisheries for groundfish with trawl gear. calendar year. Experimental fishing permit has been issued pursuant to (c) Prohibitions specific to BSAI—(1) permits may be renewed following the § 679.4 during the year for which the Trawl gear in Zone 1. Use a vessel to application procedures in paragraph (b) permit was issued. fish with trawl gear in that part of Zone of this section. (ii) Possess within the EEZ fish 1 closed to fishing with trawl gear: harvested from the Donut Hole on board (i) In violation of § 679.22(a)(1)(i) and §679.7 Prohibitions. a vessel for which a Federal fisheries (a)(2)(i), unless specifically allowed by In addition to the general prohibitions permit has been issued pursuant to NMFS as provided under specified in § 600.725 of this chapter, it § 679.4 during the year for which the § 679.22(a)(1)(ii) and (a)(2)(ii). is unlawful for any person to do any of permit was issued. (ii) At any time when no scientific the following: (9) Authorized fishing gear. Retain data collection and monitoring program (a) Groundfish of the GOA and groundfish taken with other than exists or after such program has been BSAI—(1) Federal fisheries permit. Fish authorized fishing gear as defined in terminated. for groundfish with a vessel of the § 679.2, except that groundfish (iii) Without complying fully with a United States that does not have on incidentally taken by pot gear by a scientific data collection and monitoring board a valid Federal fisheries permit vessel while participating in an open program. issued pursuant to § 679.4. crab season governed by the State of (2) Incidental salmon. Discard any (2) Inseason adjustment. Conduct any Alaska may be retained for use as salmon taken incidental to a directed fishing contrary to notification of unprocessed bait on board that vessel. fishery for BSAI groundfish by vessels inseason adjustment issued under (10) Recordkeeping and reporting. using trawl gear until notified by a § 679.25. Fail to comply with or fail to ensure NMFS-certified observer that the (3) Observer plan. Fish for groundfish compliance with requirements in number of salmon has been determined except in compliance with the terms of § 679.5. and the collection of any scientific data an observer plan as provided by subpart (11) Tender vessel. Use a catcher or biological samples has been E of this part. vessel or catcher/processor as a tender completed as provided in § 679.21(c)(1). (4) Pollock roe. Retain pollock roe on vessel before offloading all groundfish (3) Prohibited species. Conduct any board a vessel in violation of or groundfish product harvested or fishing contrary to a notification issued § 679.20(g). processed by that vessel. under § 679.21. (5) Bycatch rate standard. Exceed a (b) Prohibitions specific to GOA—(1) (4) Crab, when fishing for pollock with bycatch rate standard specified for a Observer. Forcibly assault, resist, nonpelagic trawl gear. Have on board at vessel under § 679.21(f). impede, intimidate, or interfere with an any particular time 20 or more crabs of (6) Gear. Deploy any trawl, longline, observer placed aboard a fishing vessel any species that have a width of more single pot-and-line, or jig gear in an area pursuant to this part. than 1.5 inches (38 mm) at the widest when directed fishing for, or retention (2) Sablefish. Engage in directed dimension, caught with trawl gear when of, all groundfish by operators of vessels fishing for sablefish with hook-and-line directed fishing for pollock with using that gear type is prohibited in that gear from a vessel that was used to nonpelagic trawl gear. area, except that this paragraph (a)(6) deploy hook-and-line gear within 72 (d) CDQ (Applicable through shall not prohibit: hours prior to the opening of the December 31, 1998). (1) Participate in a (i) Deployment of hook-and-line gear sablefish hook-and-line directed fishery. Western Alaska CDQ program in by operators of vessels fishing for (3) Halibut. With respect to halibut violation of subpart C of this part, halibut during seasons governed by part caught with hook-and-line gear submit information that is false or 301 of this title. deployed from a vessel fishing for inaccurate with a CDP application or 31250 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations request for an amendment, or exceed a (7) Possess on a vessel or land IFQ determinations, making observations, or CDQ as defined in § 679.2. sablefish concurrently with non-IFQ otherwise performing the observer’s (2) Operate a vessel that harvests sablefish, except that CDQ sablefish may duties. pollock for credit to a CDQ allocation be possessed on a vessel and landed (4) Harass an observer by conduct that when that allocation has been fully concurrently with IFQ sablefish. has sexual connotations, has the harvested. (8) Discard Pacific cod or rockfish that purpose or effect of interfering with the (e) Moratorium on entry. (1) Submit are taken when IFQ halibut or IFQ observer’s work performance, or false or inaccurate information on a sablefish are on board, unless Pacific otherwise creates an intimidating, moratorium permit application or cod or rockfish are required to be hostile, or offensive environment. In application to transfer moratorium discarded under § 679.20 or unless, in determining whether conduct qualification. waters within the State of Alaska, constitutes harassment, the totality of (2) Alter, erase, or mutilate any Pacific cod or rockfish are required to be the circumstances, including the nature moratorium permit. discarded by laws of the State of Alaska. of the conduct and the context in which (3) Catch and retain a moratorium (9) Harvest on any vessel more IFQ it occurred, will be considered. The species with a vessel that has a LOA halibut or IFQ sablefish than are determination of the legality of a greater than the maximum LOA for the authorized under § 679.42. particular action will be made from the vessel. (10) Make an IFQ landing other than facts on a case-by-case basis. (4) Catch and retain a moratorium directly to (or by) a registered buyer. (5) Process or receive fish from a species with a vessel that has received (11) Discard halibut or sablefish Research Plan fishery without a valid an unauthorized transfer of moratorium caught with fixed gear from any catcher permit issued pursuant to this part. qualification. vessel when any IFQ card holder aboard (6) Deliver fish from a Research Plan (5) Catch and retain moratorium crab holds unused halibut or sablefish IFQ fishery to a processor not possessing a species or conduct directed fishing for for that vessel category and the IFQ valid permit issued pursuant to this any moratorium groundfish species with regulatory area in which the vessel is part. a vessel that has not been issued a valid operating, unless: (7) Subtract from a billed fee moratorium permit, unless the vessel is (i) Discard of halibut is required assessment costs paid for observer lawfully conducting directed fishing for under part 301 of this title; coverage under provisions of § 679.50 (ii) Discard of sablefish is required sablefish under subparts C and D of this that are based on false or inaccurate under § 679.20 or, in waters within the part. information. State of Alaska, discard of sablefish is (6) Catch and retain moratorium crab (8) Fish for or process fish without required under laws of the State of species or conduct directed fishing for observer coverage required under Alaska; or subpart E of this part. any moratorium groundfish species with (iii) Discard of halibut or sablefish is a vessel that does not have a valid (9) Require an observer to perform required under other provisions. duties normally performed by crew moratorium permit on board, unless the (12) Make an IFQ landing without members, including, but not limited to, vessel is lawfully conducting directed prior notice of landing and before 6 cooking, washing dishes, standing fishing for sablefish under subparts C hours after such notice, except as watch, vessel maintenance, assisting and D of this part. provided in § 679.5. with the setting or retrieval of gear, or (f) IFQ fisheries. (1) Fail to submit, or (13) Operate a vessel as a catcher any duties associated with the submit inaccurate information on, any vessel and a freezer vessel during the processing of fish, from sorting the catch report, application, or statement same fishing trip. required under this part. (14) Any person who is issued a to the storage of the finished product. (2) Intentionally submit false registered buyer permit under § 679.8 Facilitation of enforcement. information on any report, application, § 679.4(d)(2) and who also is required to See § 600.740 of this chapter. or statement required under this part. obtain a Federal processor permit under (3) Retain halibut or sablefish caught § 679.4(f) may not transfer or receive § 679.9 Penalties. with fixed gear without a valid IFQ sablefish harvested in Federal waters or See § 600.735 of this chapter. permit and without an IFQ card in the halibut, unless the person possesses a name of an individual aboard. valid Federal processor permit issued Subpart BÐManagement Measures (4) Except as provided in § 679.5(l)(3), under § 679.4. retain IFQ halibut or IFQ sablefish on a (15) Violate any other provision under § 679.20 General limitations. vessel in excess of the total amount of subpart D of this part. This section applies to vessels unharvested IFQ, applicable to the (g) Research Plan. (1) Forcibly assault, engaged in directed fishing for vessel category and IFQ regulatory area resist, oppose, impede, intimidate, or groundfish in the GOA and BSAI. in which the vessel is deploying fixed interfere with an observer. (a) Harvest limits—(1) OY. The OY for gear, and that is currently held by all (2) Interfere with or bias the sampling BSAI and GOA target species and the IFQ card holders aboard the vessel, procedure employed by an observer, ‘‘other species’’ category is a range that unless the vessel has an observer aboard including sorting or discarding any can be harvested consistently with this under subpart E of this part and catch before sampling; or tamper with, part, plus the amounts of ‘‘nonspecified maintains the applicable daily fishing destroy, or discard an observer’s species’’ taken incidentally to the log under § 301.15 of this title and collected samples, equipment, records, harvest of target species and the ‘‘other § 679.5. photographic film, papers, or personal species’’ category. The species (5) Possess, buy, sell, or transport IFQ effects without the express consent of categories are defined in Table 1 of the halibut or IFQ sablefish harvested or the observer. specifications as provided in paragraph landed in violation of any provision of (3) Prohibit or bar by command, (c) of this section. this part. impediment, threat, coercion, or by (i) BSAI. The OY for groundfish in the (6) Make an IFQ landing without an refusal of reasonable assistance, an BSAI regulated by this section and by IFQ card in the name of the individual observer from collecting samples, part 600 of this chapter is 1.4 to 2.0 making the landing. conducting product recovery rate million mt. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31251

(ii) GOA. The OY for groundfish in Central and Western Areas of the GOA (iv) Other factors pertaining to the GOA regulated by this section and using hook-and-line gear will be consistency with the goals and by part 600 of this chapter is 116,000 to allocated 80 percent of the sablefish objectives of the FMP. 800,000 mt. TAC in each of the Central and Western (3) Notification. NMFS will publish (2) TAC. NMFS, after consultation areas. proposed and final apportionment of with the Council, will specify and (B) Trawl gear. Vessels using trawl pollock TAC to the directed fishery for apportion the annual TAC and reserves gear will be allocated 20 percent of the pollock using nonpelagic trawl gear in for each calendar year among the GOA sablefish TAC in these areas. the Federal Register with notification of and BSAI target species and the ‘‘other (iii) Bering Sea subarea—(A) Hook- proposed and final specifications species’’ categories. TACs in the target and-line or pot gear. Vessels in the defined in § 679.20. species category may be split or Bering Sea subarea using hook-and-line (ii) GOA—(A) Apportionment by area. combined for purposes of establishing or pot gear will be allocated 50 percent The TAC for pollock in the combined new TACs with apportionments thereof of each TAC for sablefish. GOA Western and Central Regulatory under paragraph (c) of this section. The (B) Trawl gear. Vessels in the Bering Areas will be apportioned among sum of the TACs so specified must be Sea subarea using trawl gear will be statistical areas 610, 620, and 630 in within the OY range specified in allocated 50 percent of each TAC for proportion to the distribution of the paragraph (a)(1) of this section. sablefish. pollock biomass as determined by the (3) Annual TAC determination. The (iv) Aleutian Islands subarea—(A) most recent NMFS surveys. annual determinations of TAC for each Hook-and-line or pot gear. Vessels in (B) Seasonal allowances. Each target species and the ‘‘other species’’ the Aleutian Islands subarea using apportionment will be divided into category, and the reapportionment of hook-and-line or pot gear will be three seasonal allowances of 25 percent, reserves may be adjusted, based upon a allocated 75 percent of each TAC for 25 percent, and 50 percent of the review of the following: sablefish. apportionment, respectively, (i) Biological condition of groundfish (B) Trawl gear. Vessels in the Aleutian corresponding to the three fishing stocks. Resource assessment documents Islands subarea using trawl gear will be seasons defined at § 679.23(d)(2). prepared annually for the Council that allocated 25 percent of each TAC for (1) Within any fishing year, any provide information on historical catch sablefish. trend; updated estimates of the MSY of (5) Pollock TAC—(i) BSAI—(A) unharvested amount of any seasonal the groundfish complex and its Seasonal allowances. The TAC of allowance will be added proportionately component species groups; assessments pollock in each subarea or district of the to all subsequent seasonal allowances, of the stock condition of each target BSAI will be divided, after subtraction resulting in a sum for each allowance species and the ‘‘other species’’ of reserves, into two allowances. The not to exceed 150 percent of the initial category; assessments of the first allowance will be available for seasonal allowance. multispecies and ecosystem impacts of directed fishing from 0001 hours, A.l.t., (2) Within any fishing year, harvests harvesting the groundfish complex at January 1, through 1200 hours, A.l.t., in excess of a seasonal allowance will be current levels, given the assessed April 15. The second allowance will be deducted proportionately from all condition of stocks, including available for directed fishing from 1200 subsequent seasonal allowances. consideration of rebuilding depressed hours, A.l.t., August 15, through the end (6) Inshore/offshore apportionments stocks; and alternative harvesting of the fishing year. Within any fishing (Applicable through December 31, strategies and related effects on the year, unharvested amounts of the first 1998)—(i) BSAI pollock. The component species group. allowance will be added to the second apportionment of pollock in each BSAI (ii) Socioeconomic considerations. allowance, and harvests in excess of the subarea or district, and for each seasonal Socioeconomic considerations that are first allowance will be deducted from allowance defined in paragraph (a)(5)(i) consistent with the goals of the fishery the second allowance. of this section, will be allocated 35 management plans for the groundfish (B) Apportionment to vessels using percent to vessels catching pollock for fisheries of the BSAI and the GOA, nonpelagic trawl gear— (1) General. processing by the inshore component including the need to promote NMFS, in consultation with the and 65 percent to vessels catching efficiency in the utilization of fishery Council, may limit the amount of pollock for processing by the offshore resources, including minimizing costs; pollock TAC that may be taken in the component. the need to manage for the optimum directed fishery for pollock using (ii) GOA pollock. The apportionment marketable size of a species; the impact nonpelagic trawl gear. of pollock in all GOA regulatory areas of groundfish harvests on prohibited (2) Factors to be considered. The and for each seasonal allowance species and the domestic target fisheries Regional Director must consider the described in paragraph (a)(5)(ii) of this that utilize these species; the desire to following information when limiting the section will be allocated entirely to enhance depleted stocks; the seasonal amount of pollock TAC that is vessels catching pollock for processing access to the groundfish fishery by apportioned to the directed fishery for by the inshore component after domestic fishing vessels; the pollock using nonpelagic trawl gear: subtraction of an amount that is commercial importance of a fishery to (i) The PSC limits and PSC bycatch projected by the Regional Director to be local communities; the importance of a allowances established under § 679.21. caught by, or delivered to, the offshore fishery to subsistence users; and the (ii) The projected bycatch of component incidental to directed need to promote utilization of certain prohibited species that would occur fishing for other groundfish species. species. with and without a limit in the amount (iii) GOA Pacific cod. The (4) Sablefish TAC—(i) GOA Eastern of pollock TAC that may be taken in the apportionment of Pacific cod in all GOA Area. Vessels in the Eastern Area of the directed fishery for pollock using regulatory areas will be allocated 90 GOA using trawl gear will be allocated nonpelagic trawl gear. percent to vessels catching Pacific cod 5 percent of the sablefish TAC for (iii) The cost of a limit in terms of for processing by the inshore bycatch in other trawl fisheries. amounts of pollock TAC that may be component and 10 percent to vessels (ii) GOA Central and Western Areas— taken with nonpelagic trawl gear on the catching Pacific cod for processing by (A) Hook-and-line gear. Vessels in the nonpelagic and pelagic trawl fisheries. the offshore component. 31252 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(iv) Directed fishing allowances and vessels harvesting Pacific cod using jig species and the ‘‘other species’’ prohibitions. The Regional Director may gear, hook-and-line or pot gear, or trawl category, except the hook-and-line and establish separate directed fishing gear. pot gear allocation for sablefish. allowances and prohibitions authorized (ii) Unused gear allocation. If, during (ii) Nonspecified reserve. The reserve under paragraph (d) of this section for: a fishing year, the Regional Director is not designated by species or species (A) BSAI pollock. Vessels catching determines that vessels using trawl gear group, and any amount of the reserve pollock in the BSAI for processing by or hook-and-line or pot gear will not be may be apportioned to a target species, the inshore component and for vessels able to harvest the entire amount of except the hook-and-line gear and pot catching pollock for processing by the Pacific cod in the BSAI allocated to gear allocation for sablefish, or the offshore component. those vessels under paragraph (a)(7)(i) of ‘‘other species’’ category, provided that (B) GOA pollock. Vessels catching this section, NMFS may reallocate the such apportionments are consistent pollock in the GOA for processing by projected unused amount of Pacific cod with paragraph (a)(3) of this section and the inshore component and for vessels to vessels harvesting Pacific cod using do not result in overfishing of a target catching pollock for processing by the the other gear type(s) through species or the ‘‘other species’’ category. offshore component. notification in the Federal Register. (iii) Inshore/offshore reapportionment (C) GOA Pacific cod. Vessels catching (iii) Reallocation of TAC specified for (Applicable through December 31, Pacific cod in the GOA for processing by jig gear. On or about September 1 of 1998). Any amounts of the BSAI the inshore component and for vessels each year, the Regional Director will nonspecific reserve that are catching Pacific cod for processing by reallocate 45 percent of any unused reapportioned to pollock as provided by the offshore component. amount of Pacific cod in the BSAI this paragraph (b) must be apportioned (v) Reallocation—(A) BSAI pollock. If, allocated to vessels using jig gear to between inshore and offshore during a fishing year, the Regional vessels using hook-and-line or pot gear components in the same proportion Director determines that either the and 55 percent of any unused amount specified in paragraph (a)(6)(i) of this inshore or offshore component will not of Pacific cod allocated to vessels using section. be able to process the entire amount of jig gear to vessels using trawl gear (iv) Pacific cod (Applicable through pollock in the BSAI allocated to vessels through publication in the Federal catching pollock for processing by that December 31, 1996). Any amounts of the Register. BSAI nonspecific reserve that are component, NMFS will publish (iv) Seasonal TAC apportionment— notification in the Federal Register that apportioned to Pacific cod as provided (A) Allocation periods. In the by this paragraph (b) must be reallocates the projected unused amount publications of proposed and final of pollock to vessels catching pollock apportioned between vessels using jig, harvest limit specifications required hook-and-line or pot, and trawl gear in for processing by the other component. under paragraph (c) of this section, (B) GOA pollock. If the Regional the same proportion specified in NMFS, after consultation with the paragraph (a)(7)(i) of this section, unless Director determines that the inshore Council, may seasonally apportion the component will not be able to process the Regional Director determines under amount of Pacific cod TAC in the BSAI paragraph (a)(7) (ii) or (iii) of this the entire amount of pollock in the GOA allocated to vessels using hook-and-line allocated to vessels catching pollock for section that vessels using a certain gear or pot gear under paragraph (a)(7)(i) of type will not be able to harvest the processing by the inshore component this section among the following three during a fishing year, NMFS will additional amount of Pacific cod. In this periods: January 1 through April 30; case, the nonspecific reserve will be publish notification in the Federal May 1 through August 31; and Register that reallocates the projected apportioned to vessels using the other September 1 through December 31. gear type(s). unused amount of pollock to vessels (B) Factors to be considered. NMFS (2) GOA. Initial reserves are catching pollock for processing by the will base any seasonal apportionment of established for pollock, Pacific cod, offshore component. the Pacific cod allocation to vessels flounder, and ‘‘other species,’’ which (C) GOA Pacific cod. If, during a using hook-and-line or pot gear on the are equal to 20 percent of the TACs for fishing year, the Regional Director following information: determines that either the inshore or (1) Seasonal distribution of Pacific these species or species groups. offshore component will not be able to cod relative to prohibited species (3) Apportionment of BSAI reserves— process the entire amount of Pacific cod distribution. (i) Notification. (A) As soon as in the GOA allocated to vessels catching (2) Expected variations in prohibited practicable after April 1, June 1, and Pacific cod for processing by that species bycatch rates experienced in the August 1, and on such other dates as component, NMFS will publish Pacific cod fisheries throughout the NMFS determines appropriate, NMFS notification in the Federal Register that fishing year. will, by notification in the Federal reallocates the projected unused amount (3) Economic effects of any seasonal Register, apportion all or part of the of Pacific cod to vessels catching Pacific apportionment of Pacific cod on the BSAI reserve in accordance with this cod for processing by the other hook-and-line and pot-gear fisheries. paragraph (b). component. (8) All other groundfish TAC. The (B) No apportionment, retention, or (7) Pacific cod TAC, BSAI (Applicable initial TAC for each target species and PSC limit adjustment may take effect through December 31, 1996)—(i) TAC by the ‘‘other species’’ category will be 85 until notification has been published in gear. (A) The BSAI TAC of Pacific cod, percent of the TAC as provided under the Federal Register with a statement of after subtraction of reserves, will be paragraph (b) of this section. the findings upon which the allocated 2 percent to vessels using jig (b) Reserves—(1) BSAI—(i) General. apportionment, retention, or adjustment gear, 44 percent to vessels using hook- Fifteen percent of the BSAI TAC for is based. and-line or pot gear, and 54 percent to each target species and the ‘‘other (ii) Apportionment—(A) General. vessels using trawl gear. species’’ category, except the hook-and- Except as provided in paragraph (B) The Regional Director may line and pot gear allocation for (b)(3)(ii)(B) of this section, NMFS will establish separate directed fishing sablefish, is automatically placed in a apportion the amount of BSAI reserve allowances and prohibitions authorized reserve, and the remaining 85 percent of that will be harvested by U.S. vessels under paragraph (d) of this section for the TAC is apportioned for each target during the remainder of the year. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31253

(B) Exception. Part or all of the reserve (B) Public comment. NMFS will prohibited species catch allowances, may be withheld if an apportionment accept public comment on the proposed seasonal allowances of the pollock TAC, would adversely affect the conservation specifications for 30 days from the date and the sablefish CDQ reserve amount of groundfish resources or prohibited of publication in the Federal Register. established under § 679.31(c). species. (ii) GOA. The GOA proposed (4) Inshore/offshore allocations (iii) Public comment—(A) Prior specifications will specify annual TAC (Applicable through December 31, comment. NMFS will provide all amounts for each target species and the 1998). The proposed, interim, and final interested persons an opportunity to ‘‘other species’’ category and specifications will specify the allocation comment on the proposed apportionments thereof established of GOA Pacific cod, GOA pollock, and apportionments, retentions, or PSC limit under § 679.20(a)(2), halibut prohibited BSAI pollock for processing by the adjustments under this paragraph (b) species catch amounts established inshore and offshore components, and before such apportionments, retentions, under § 679.21, seasonal allowances of any seasonal allowances thereof, as or adjustments are made, unless NMFS pollock, and inshore/offshore Pacific authorized under paragraphs (a)(5) and finds that there is good cause for not cod. (a)(7) of this section. providing a prior comment opportunity, (iii) BSAI. The BSAI proposed (5) BSAI Pacific cod gear allocations and publishes the reasons therefor in specifications will specify the annual (Applicable through December 31, the notification of apportionment, TAC and initial TAC amounts for each 1996). The proposed, interim, and final retention, or adjustment. target species and the ‘‘other species’’ specifications will specify the allocation (B) Submittal dates. Comments category and apportionments thereof of BSAI Pacific cod among gear types as provided for in this paragraph (b)(3)(iii) established under § 679.20(a)(2), authorized under paragraph (a)(7) of this must be received by NMFS not later prohibited species catch allowances section. than 5 days before April 1, June 1, and established under § 679.21, seasonal (d) Fishery closures—(1) Directed August 1, or other dates that may be allowances of pollock TAC, and reserve fishing allowance—(i) General. If the specified. amounts established under § 679.31(a) Regional Director determines that any (C) Subsequent comment. If NMFS and (c) for pollock CDQ and sablefish allocation or apportionment of a target determines for good cause that CDQ. species or ‘‘other species’’ category notification of apportionment, retention (2) Interim specifications. Interim specified under paragraph (c) of this or PSC limit adjustment must be issued harvest specifications will be in effect section has been or will be reached, the without providing interested persons a on January 1 and will remain in effect Regional Director may establish a prior opportunity for public comment, until superseded by the filing of the directed fishing allowance for that comments on the apportionment, final specifications by the Office of the species or species group. retention or adjustment will be received Federal Register. Interim specifications (ii) Specified fishery amounts—(A) for a period of 15 days after its effective will be established as follows: date. (i) GOA. One-fourth of each proposed Inseason adjustments. The category (D) Response to comments. NMFS TAC and apportionment thereof (not allocations or apportionments will consider all timely comments in including the reserves or the first established under paragraph (c) of this deciding whether to make a proposed seasonal allowance of pollock), one- section may be revised by inseason apportionment, retention, or PSC limit fourth of the proposed halibut adjustments for a given species or adjustment or to modify an prohibited species catch amounts, and species group or pollock allowance, as apportionment, retention, or adjustment the proposed first seasonal allowance of identified by regulatory area, subarea, or that previously has been made, and pollock. district, and, if applicable, as further shall publish responses to those (ii) BSAI. Except for the hook-and-line identified by gear type. comments in the Federal Register as and pot gear allocation of sablefish, one- (B) Incidental catch. In establishing a soon as practicable. fourth of each proposed initial TAC and directed fishing allowance, the Regional (E) Data available. The Regional apportionment thereof (not including Director shall consider the amount of Director will make available to the the first seasonal allowance of pollock), the allocation or apportionment public during business hours the one-fourth of the proposed prohibited established under paragraph (c) of this aggregate data upon which any species catch allowance established section that will be taken as incidental preliminary TAC or PSC limit figure is under § 679.21, and the proposed first catch in directed fishing for other based or the data upon which any seasonal allowance of pollock. species in the same subarea, regulatory apportionment or retention of surplus or (3) Final specifications—(i) area, or district. reserve, or PSC limit adjustment was or Notification. NMFS will consider (iii) Directed fishing closure—(A) is proposed to be based. These data will comments on the proposed Notification. If the Regional Director be available for a sufficient period to specifications received during the establishes a directed fishing allowance facilitate informed comment by comment period and, after consultation for a fishery allocation or apportionment interested persons. with the Council, will publish final under this paragraph (d), and that (c) Annual specifications—(1) specifications in the Federal Register. allowance has been or will be reached Proposed specifications— The final specifications will supersede before the end of the fishing season or (i) General—(A) Notification. As soon the interim specifications. year, NMFS will publish notification in as practicable after consultation with (ii) GOA. The final specifications will the Federal Register prohibiting the Council, NMFS will publish specify the annual TAC for each target directed fishing in the specified subarea, proposed specifications for the species and the ‘‘other species’’ category regulatory area, or district. succeeding fishing year. The proposed and apportionments thereof, halibut (B) Retention of bycatch species. If specifications will reflect as accurately prohibited species catch amounts, and directed fishing for a target species or as possible the projected changes in U.S. seasonal allowances of pollock. the ‘‘other species’’ category is harvesting and processing capacity and (iii) BSAI. The final specifications prohibited, a vessel may not retain that the extent to which U.S. harvesting and will specify the annual TAC for each bycatch species in an amount that processing will occur during the coming target species and the ‘‘other species’’ exceeds the maximum retainable year. category and apportionments thereof, bycatch amount, as calculated under 31254 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations paragraphs (e) and (f) of this section, at (A) The risk of biological harm to a be calculated in round-weight any time during a fishing trip. groundfish species or species group for equivalents. (2) Groundfish as prohibited species which the TAC or PSC limit is or will (2) Retainable amounts. Arrowtooth closure. When the Regional Director be reached. flounder, or any groundfish species for determines that the TAC of any target (B) The risk of socioeconomic harm to which directed fishing is closed, may species or the ‘‘other species’’ category authorized users of the groundfish for not be used to calculate retainable specified under paragraph (c) of this which the TAC or PSC limit will be or amounts of other groundfish species. section has been or will be achieved has been reached. (g) Allowable retention of pollock (C) The impact that the continued prior to the end of a year, NMFS will roe—(1) Percentage of pollock roe. (i) closure might have on the publish notification in the Federal Pollock roe retained on board a vessel socioeconomic well-being of other Register requiring that target species or at any time during a fishing trip must domestic fisheries. not exceed 7 percent of the total round- the ‘‘other species’’ be treated in the (e) Maximum retainable bycatch same manner as a prohibited species, as weight equivalent of pollock, as amounts—(1) Proportion of basis calculated from the primary pollock described under § 679.21(b), for the species. The maximum retainable remainder of the year. product on board the vessel during the bycatch amount for a bycatch species or same fishing trip. (3) Overfishing closure—(i) species group is calculated as a (ii) Determinations of allowable Notification. If, in making a proportion of the basis species retained retention of pollock roe will be based on determination under paragraph (d)(2) of on board the vessel using the retainable amounts of pollock harvested, received, this section, the Regional Director also percentages in Table 10 to this part for or processed during a single fishing trip. determines that fishing for other target the GOA species categories and in Table (iii) Pollock or pollock products from species or species groups in the area, 11 to this part for the BSAI species previous fishing trips that are retained district or part thereof where the categories. on board a vessel may not be used to notification applies, may lead to the (2) Calculation. (i) To calculate the determine the allowable retention of overfishing of the species or species maximum retainable bycatch amount for pollock roe for that vessel. group for which the allocation or a specific bycatch species, an individual (2) Primary product. (i) For purposes apportionment has been or will be retainable bycatch amount must be of this paragraph (g), only one primary reached, NMFS will publish notification calculated with respect to each basis pollock product per fish, other than roe, in the Federal Register specifying species that is retained on board that may be used to calculate the round- limitations or prohibitions designed to vessel. weight equivalent. prevent overfishing of that species or (ii) To obtain these individual (ii) A primary pollock product that species group. retainable bycatch amounts, multiply the appropriate retainable percentage for contains roe (such as headed and gutted (ii) Limitations and prohibitions. the bycatch species/basis species pollock with roe) may not be used to These limitations and prohibitions may combination, set forth in Table 10 to calculate the round-weight equivalent of prohibit directed fishing for other this part for the GOA species categories pollock. species or species groups in the area, and Table 11 to this part for the BSAI (iii) The primary pollock product district, or part thereof where the species categories, by the amount of that must be distinguished from ancillary notification applies, or may limit time, basis species, in round-weight pollock products in the DCPL required area, or gear types that may be used in equivalents. under § 679.5. Ancillary products are directed fishing for the other species or (iii) The maximum retainable bycatch those such as meal, heads, internal species groups. amount for that specific bycatch species organs, pectoral girdles, or any other (iii) Factors to be considered. When is the sum of the individual retainable product that may be made from the making the determinations specified bycatch amounts. same fish as the primary product. under paragraphs (d)(1), (d)(2), and (f) Directed fishing calculations and (3) Pollock product recovery rates (d)(3) of this section, the Regional determinations—(1) Round-weight (PRRs). Only the following product Director may consider allowing fishing equivalents. Any determination types and standard PRRs may be used to continue or resume with certain gear concerning directed fishing, the amount to calculate round-weight equivalents types or in certain areas and times based or percentage of any species, species for pollock for purposes of this on findings of: group, or any fish or fish products must paragraph (g):

Standard Product Product description product re- code covery rate

07 ...... Headed and gutted, western cut ...... 0.65 08 ...... Headed and gutted, eastern cut ...... 0.56 10 ...... Headed and gutted, without tail ...... 0.50 20 ...... Fillets with skin & ribs ...... 0.35 21 ...... Fillets with skin on, no ribs ...... 0.30 22 ...... Fillets with ribs, no skin ...... 0.30 23 ...... Fillets, skinless, boneless ...... 0.21 24 ...... Deep skin fillets ...... 0.16 30 ...... Surimi ...... 0.16 31 ...... Mince ...... 0.22 32 ...... Meal ...... 0.17

(4) Calculation of retainable pollock To calculate the amount of pollock roe fishing trip, first calculate the round- roe—(i) Round-weight equivalent. (A) that can be retained on board during a weight equivalent by dividing the total Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31255 amount of primary product on board by product type in the Federal Register species was authorized by other the appropriate PRR. and provides the public with at least 30 applicable laws. (B) To determine the maximum days opportunity for public comment. (c) Salmon taken in BSAI trawl mount of pollock roe that can be (iv) Any adjustment of a PRR that acts fishery—(1) Salmon discard. Except as retained on board a vessel during the to further restrict the fishery will not be provided in paragraph (c)(3) of this same fishing trip, multiply the round- effective until 30 days after the date of section, the operator of a vessel and the weight equivalent by 0.07. publication in the Federal Register. manager of a shoreside processor must (C) Pollock roe retained on board from (v) If NMFS makes any adjustment or not discard any salmon taken incidental previous fishing trips will not be announcement without providing a to a directed fishery for BSAI groundfish counted. prior notification and opportunity for by vessels using trawl gear until the (ii) Two or more products from prior public comment, the Regional number of salmon has been determined different fish. (A) If two or more Director will receive public comments by a NMFS-certified observer and the products, other than roe, are made from on the adjustment or announcement for collection of any scientific data or different fish, round-weight equivalents a period of 15 days from the date of biological samples from the salmon has are calculated separately for each publication in the Federal Register. been completed. product. (2) Salmon retention and storage. (i) (B) To determine the maximum § 679.21 Prohibited species bycatch Operators of vessels carrying observers amount of pollock roe that can be management. aboard and whose fishing operations retained on board a vessel during a (a) Applicability. (1) This section allow for sorting of BSAI groundfish fishing trip, add the round-weight applies to all vessels required to have a catch for salmon must retain all salmon equivalents together; then, multiply the Federal fisheries permit under § 679.4. bycatch from each haul in a separate bin sum by 0.07. (2) Except as otherwise provided, this or other location that allows an observer (iii) Two or more products from same section also applies to all motherships free and unobstructed physical access to fish. If two or more products, other than and shoreside processors that receive the salmon to count each fish and roe, are made from the same fish, the groundfish from vessels required to collect any scientific data or biological maximum amount of pollock roe that have a Federal fisheries permit under samples. Salmon from different hauls can be retained during a fishing trip is § 679.4. must be retained separately in a manner determined from the primary product. (b) General—(1) Definition. Prohibited that identifies the haul from which the (5) Primary pollock product—(i) species, for the purpose of this part, salmon were taken. (ii) Operators of vessels not carrying Process prior to transfer. Any primary means any of the species of Pacific observers aboard or whose fishing pollock product used to calculate salmon (Oncorhynchus spp.), steelhead operations do not allow for sorting of retainable amounts of pollock roe must trout (Oncorhynchus mykiss), halibut, BSAI groundfish catch for salmon must be frozen, canned, or reduced to meal by Pacific herring (Clupea harengus ice, freeze, or store in a refrigerated the vessel retaining the pollock roe prior pallasi), king crab, and Tanner crab saltwater tank all salmon taken as to any transfer of the product to another caught by a vessel regulated under this bycatch in trawl operations for delivery vessel. part while fishing for groundfish in the to the processor receiving the vessel’s (ii) No discard of processed product. BSAI or GOA, unless retention is Any pollock product that has been BSAI groundfish catch. authorized by other applicable laws, (iii) Processors receiving BSAI frozen, canned, or reduced to meal may including part 301 of this title. not be discarded at sea. groundfish harvested in a directed (h) Standard product types and (2) Prohibited species catch fishery for groundfish using trawl gear standard PRRs—(1) Calculating round- restrictions. The operator of each vessel must retain all salmon delivered by each weight equivalents from standard PRRs. engaged in directed fishing for trawl vessel during a weekly reporting Round-weight equivalents for groundfish in the GOA or BSAI must: period in separate bins marked with the groundfish products are calculated (i) Minimize its catch of prohibited vessel’s name and ADF&G fish ticket using the product codes and standard species. number(s) for each delivery until a PRRs specified in Table 3 of this part. (ii) Sort its catch as soon as possible NMFS-certified observer has counted (2) Adjustments. The Regional after retrieval of the gear and, except as each salmon and collected any scientific Director may adjust standard PRRs and provided under paragraph (c) of this data or biological samples from the product types specified in Table 3 of section, must return all prohibited salmon delivered to the processor by this part if he or she determines that species or parts thereof to the sea that vessel. Processors without an existing standard PRRs are inaccurate or immediately, with a minimum of injury, observer present must store whole if new product types are developed. regardless of its condition, after salmon in an iced or frozen state until (i) Adjustments to any standard PRR allowing for sampling by an observer if an observer is available to count each listed in Table 3 of this part that are an observer is aboard. fish. Salmon must be stored at a location within and including 15 percent of that (3) Rebuttable presumption. Except as that allows an observer free and standard PRR may be made without provided under paragraph (c) of this unobstructed physical access to each providing notification and opportunity section, it will be a rebuttable salmon. for prior public comment. presumption that any prohibited species (3) Exemption. Motherships and (ii) Adjustments of any standard PRR retained on board a fishing vessel shoreside processors that are exempt during a calendar year, when aggregated regulated under this part was caught from obtaining observer coverage during with all other adjustments made during and retained in violation of this section. a month under § 679.52 are exempt from that year, will not exceed 15 percent of (4) Prohibited species taken seaward mandatory retention of salmon. the standard PRR listed in Table 3 of of the EEZ off Alaska. No vessel fishing (4) Assignment of crew to assist this part at the beginning of that for groundfish in the GOA or BSAI may observer. Operators of vessels and calendar year. have on board any species listed in this managers of shoreside processors that (iii) No new product type will be paragraph (b) that was taken in waters are required to retain salmon under announced until NMFS publishes the seaward of these management areas, paragraph (c)(1) of this section must proposed adjustment and/or new regardless of whether retention of such designate and identify to the NMFS- 31256 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations certified observer aboard the vessel or at following fishery categories are fishery category defined under this the shoreside processor a crew person or specified and defined in terms of round- paragraph (d)(4)(iii). employee to be responsible for sorting, weight equivalents of those GOA (C) Other hook-and-line fishery. retention, and storage of salmon. Upon groundfish species for which a TAC has Fishing with hook-and-line gear during request of the NMFS-certified observer, been specified under § 679.20: any weekly reporting period that results the designated crew person or employee (A) Shallow-water species fishery. in a retained catch of groundfish and is also is responsible for counting salmon Fishing with trawl gear during any not a demersal shelf rockfish fishery or and taking biological samples from weekly reporting period that results in a sablefish fishery defined under retained salmon under the direction of a retained aggregate catch of pollock, paragraphs (d)(4)(iii)(A) and (B) of this the observer. Pacific cod, shallow-water flatfish, section. (5) Release of salmon. Salmon must flathead sole, Atka mackerel, and ‘‘other (5) Seasonal apportionments—(i) be returned to Federal waters as soon as species’’ that is greater than the retained General. NMFS, after consultation with is practicable, with a minimum of aggregate amount of other GOA the Council, may apportion each halibut injury, regardless of condition, groundfish species or species group. PSC limit or bycatch allowance following notification by a NMFS- (B) Deep-water species fishery. specified under this paragraph (d) on a certified observer that the number of Fishing with trawl gear during any seasonal basis. salmon has been determined and the weekly reporting period that results in (ii) Factors to be considered. NMFS collection of any scientific data or a retained catch of groundfish and is not will base any seasonal apportionment of biological samples has been completed. a shallow-water species fishery as a halibut PSC limit or bycatch (d) GOA halibut PSC limits. This defined under paragraph (d)(3)(iii)(A) of allowance on the following types of section is applicable for vessels engaged this section. information: in directed fishing for groundfish in the (4) Hook-and-line and pot gear (A) Seasonal distribution of halibut. GOA. fisheries—(i) Notification. After (B) Seasonal distribution of target (1) Notification—(i) Proposed and consultation with the Council, NMFS groundfish species relative to halibut final limits and apportionments. NMFS will publish notification in the Federal distribution. will publish annually in the Federal (C) Expected halibut bycatch needs, Register specifying the proposed and Register proposed and final halibut PSC on a seasonal basis, relative to changes final halibut PSC limits for vessels using limits and apportionments thereof in the in halibut biomass and expected catches hook-and-line gear. The notification also notification required under § 679.20. of target groundfish species. may specify a halibut PSC limit for the (ii) Modification of limits. NMFS, by (D) Expected variations in bycatch pot gear fisheries. notification in the Federal Register, may rates throughout the fishing year. change the halibut PSC limits during the (ii) Halibut bycatch allowance. The (E) Expected changes in directed year for which they were specified, halibut PSC limit specified for vessels groundfish fishing seasons. based on new information of the types using hook-and-line gear may be further (F) Expected start of fishing effort. set forth in this paragraph (d)(1). apportioned, as bycatch allowances, to (G) Economic effects of establishing (2) Public comment. NMFS will the fishery categories listed in paragraph seasonal halibut allocations on segments accept public comment on the proposed (d)(4)(iii) of this section, based on each of the target groundfish industry. halibut PSC limits, and apportionments category’s proportional share of the (iii) Unused seasonal apportionments. thereof, for a period of 30 days from the anticipated halibut bycatch mortality Unused seasonal apportionments of date of publication in the Federal during a fishing year and the need to halibut PSC limits specified for trawl, Register. NMFS will consider comments optimize the amount of total groundfish hook-and-line, or pot gear will be added received on proposed halibut limits and, harvest under the halibut PSC limit. The to the respective seasonal after consultation with the Council, will sum of all bycatch allowances will equal apportionment for the next season publish notification in the Federal the halibut PSC limit established under during a current fishing year. Register specifying the final halibut PSC this paragraph (d). (iv) Seasonal apportionment limits and apportionments thereof. (iii) Hook-and-line fishery categories. exceeded. If a seasonal apportionment (3) Trawl gear proposed halibut For purposes of apportioning the hook- of a halibut PSC limit specified for limit—(i) Notification. After and-line halibut PSC limit among trawl, hook-and-line, or pot gear is consultation with the Council, NMFS fisheries, the following fishery exceeded, the amount by which the will publish notification in the Federal categories are specified and defined in seasonal apportionment is exceeded Register specifying the proposed halibut terms of round-weight equivalents of will be deducted from the respective PSC limit for vessels using trawl gear. those GOA groundfish species for which apportionment for the next season (ii) Bycatch allowance. The halibut a TAC has been specified under during a current fishing year. PSC limit specified for vessels using § 679.20. (6) Apportionment among regulatory trawl gear may be further apportioned as (A) Demersal shelf rockfish in the areas and districts. Each halibut PSC bycatch allowances to the fishery Southeast Outside District. Fishing with limit specified under this paragraph (d) categories listed in paragraph (d)(3)(iii) hook-and-line gear in the Southeast also may be apportioned among the of this section, based on each category’s Outside District of the GOA Eastern GOA regulatory areas and districts. proportional share of the anticipated Regulatory Area (SEEO) during any (7) Halibut PSC closures—(i) Trawl halibut bycatch mortality during a weekly reporting period that results in gear fisheries. If, during the fishing year, fishing year and the need to optimize a retained catch of demersal shelf the Regional Director determines that the amount of total groundfish harvest rockfish that is greater than the retained U.S. fishing vessels participating in under the halibut PSC limit. The sum of amount of any other fishery category either of the trawl fishery categories all bycatch allowances will equal the defined under this paragraph (d)(4)(iii). listed in paragraph (d)(3)(iii) (A) or (B) halibut PSC limit established under this (B) Sablefish fishery. Fishing with of this section will catch the halibut paragraph (d). hook-and-line gear during any weekly bycatch allowance, or apportionments (iii) Trawl fishery categories. For reporting period that results in a thereof, specified for that fishery purposes of apportioning the trawl retained catch of sablefish that is greater category under paragraph (d)(1) of this halibut PSC limit among fisheries, the than the retained amount of any other section, NMFS will publish notification Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31257 in the Federal Register closing the (3) The confidence of the Regional consultation with the Council, will entire GOA or the applicable regulatory Director in the accuracy of the estimates apportion each PSC limit set forth in area or district to directed fishing with of incidental halibut catches by these paragraphs (e)(1)(i) through (vii) of this trawl gear for each species and/or vessels up to that point in the year. section into bycatch allowances for species group that comprises that (4) Whether observer coverage of fishery categories defined in paragraph fishing category; provided, however, these vessels is sufficient to assure (e)(3)(iv) of this section, based on each that when the halibut bycatch adherence to the prescribed conditions category’s proportional share of the allowance, or seasonal apportionment and to alert the Regional Director to anticipated incidental catch during a thereof, specified for the shallow-water increases in their incidental halibut fishing year of prohibited species for species fishery is reached, fishing for catches. which a PSC limit is specified and the pollock by vessels using pelagic trawl (5) The enforcement record of owners need to optimize the amount of total gear may continue, consistent with and operators of these vessels, and the groundfish harvested under established other provisions of this part. confidence of the Regional Director that PSC limits. The sum of all bycatch (ii) Hook-and-line fisheries. If, during adherence to the prescribed conditions allowances of any prohibited species the fishing year, the Regional Director can be assured in light of available will equal its PSC limit. determines that U.S. fishing vessels enforcement resources. (ii) Red king crab, C. bairdi Tanner participating in any of the three hook- (e) BSAI PSC limits—(1) Trawl gear— crab, and halibut—(A) General. For and-line gear fishery categories listed (i) Red king crab. The PSC limit of red vessels engaged in directed fishing for under paragraph (d)(4)(iii) of this king crab caught while conducting any groundfish in the GOA or BSAI, the PSC section will catch the halibut bycatch trawl fishery for groundfish in Zone 1 limits for red king crab, C. bairdi Tanner allowance, or apportionments thereof, during any fishing year is 200,000 red crab, and halibut will be apportioned to specified for that fishery category under king crabs. the trawl fishery categories defined in paragraph (d)(1) of this section, NMFS (ii) Tanner crab (C. bairdi), Zone 1. paragraphs (e)(3)(iv) (B) through (F) of will publish notification in the Federal The PSC limit of C. bairdi Tanner crabs this section. Register closing the entire GOA or the caught while conducting any trawl (B) Incidental catch in midwater applicable regulatory area or district to fishery for groundfish in Zone 1 during pollock fishery. Any amount of red king directed fishing with hook-and-line gear any fishing year is 1 million animals. crab, C. bairdi Tanner crab, or halibut for each species and/or species group (iii) Tanner crab (C. bairdi), Zone 2. that is incidentally taken in the that comprises that fishing category. The PSC limit of C. bairdi Tanner crabs midwater pollock fishery as defined in caught while conducting any trawl paragraph (e)(3)(iv)(A) of this section (iii) Pot gear fisheries. If, during the fishery for groundfish in Zone 2 during will be counted against the bycatch fishing year, the Regional Director any fishing year is 3 million animals. allowances specified for the pollock/ determines that the catch of halibut by (iv) Halibut. The PSC limit of halibut Atka mackerel/‘‘other species’’ category operators of vessels using pot gear to caught while conducting any trawl defined in paragraph (e)(3)(iv)(F) of this participate in a directed fishery for fishery for groundfish in the BSAI section. groundfish will reach the halibut PSC during any fishing year is an amount of (iii) Pacific herring. The PSC limit for limit, or seasonal apportionment halibut equivalent to 3,775 mt of halibut Pacific herring will be apportioned to thereof, NMFS will publish notification mortality. the BSAI trawl fishery categories in the Federal Register prohibiting (v) Pacific herring. The PSC limit of defined in paragraphs (e)(3)(iv) (A) directed fishing for groundfish by Pacific herring caught while conducting through (F) of this section. vessels using pot gear for the remainder any domestic trawl fishery for (iv) Trawl fishery categories. For of the season to which the halibut PSC groundfish in the BSAI is 1 percent of purposes of apportioning trawl PSC limit or seasonal apportionment applies. the annual eastern Bering Sea herring limits among fisheries, the following (iv) Nonpelagic trawl gear fisheries— biomass. The PSC limit will be fishery categories are specified and (A) Continued fishing under specified apportioned into annual herring PSC defined in terms of round-weight conditions. When the vessels to which allowances, by target fishery, and will equivalents of those groundfish species a halibut PSC limit applies have caught be published along with the annual or species groups for which a TAC has an amount of halibut equal to that PSC, herring PSC limit in the Federal been specified under § 679.20. the Regional Director may, by Register with the proposed and final (A) Midwater pollock fishery. Fishing notification in the Federal Register, groundfish specifications defined in with trawl gear during any weekly allow some or all of those vessels to § 679.20. reporting period that results in a catch continue to fish for groundfish using (vi) Chinook salmon. The PSC limit of of pollock that is 95 percent or more of nonpelagic trawl gear under specified chinook salmon caught while the total amount of groundfish caught conditions, subject to the other conducting any trawl fishery for during the week. provisions of this part. groundfish in the BSAI between January (B) Flatfish fishery. Fishing with trawl (B) Factors to be considered. In 1 and April 15 is 48,000 fish. gear during any weekly reporting period authorizing and conditioning such (vii) Non-chinook salmon. The PSC that results in a retained aggregate continued fishing with bottom-trawl limit of non-chinook salmon caught by amount of rock sole, ‘‘other flatfish,’’ gear, the Regional Director will take into vessels using trawl gear during August and yellowfin sole that is greater than account the following considerations, 15 through October 14 in the CVOA is the retained amount of any other fishery and issue relevant findings: 42,000 fish. category defined under this paragraph (1) The risk of biological harm to (2) Nontrawl gear, halibut. The PSC (e)(3)(iv). halibut stocks and of socio-economic limit of halibut caught while conducting (1) Yellowfin sole fishery. Fishing harm to authorized halibut users posed any nontrawl fishery for groundfish in with trawl gear during any weekly by continued bottom trawling by these the BSAI during any fishing year is an reporting period that is defined as a vessels. amount of halibut equivalent to 900 mt flatfish fishery under this paragraph (2) The extent to which these vessels of halibut mortality. (e)(3)(iv)(B) and results in a retained have avoided incidental halibut catches (3) PSC apportionment to trawl amount of yellowfin sole that is 70 up to that point in the year. fisheries—(i) General. NMFS, after percent or more of the retained 31258 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations aggregate amount of rock sole, ‘‘other groundfish species for which a TAC has of a trawl fishery bycatch allowance flatfish,’’ and yellowfin sole. been specified under § 679.20. made under paragraph (d)(5) of this (2) Rock sole/flathead sole/‘‘other (A) Pacific cod hook-and-line fishery. section is exceeded, the amount by flatfish’’ fishery. Fishing with trawl gear Fishing with hook-and-line gear during which the seasonal apportionment is during any weekly reporting period that any weekly reporting period that results exceeded will be deducted from its is defined as a flatfish fishery under this in a retained catch of Pacific cod that is respective apportionment for the next paragraph (e)(3)(iv)(B) and is not a greater than the retained amount of any season during a current fishing year. yellowfin sole fishery as defined under other groundfish species. (iv) Seasonal nontrawl fishery bycatch paragraph (e)(3)(iv)(B)(1) of this section. (B) Sablefish hook-and-line fishery. allowances—(A) Unused seasonal (C) Greenland turbot/arrowtooth Fishing with hook-and-line gear during apportionments. Any unused portion of flounder/sablefish fishery. Fishing with any weekly reporting period that results a seasonal nontrawl fishery bycatch trawl gear during any weekly reporting in a retained catch of sablefish that is allowance made under this paragraph period that results in a retained greater than the retained amount of any (e)(5) will be reapportioned to the aggregate amount of Greenland turbot, other groundfish species. fishery’s remaining seasonal bycatch arrowtooth flounder, and sablefish that (C) Groundfish jig gear fishery. allowances during a current fishing year is greater than the retained amount of Fishing with jig gear during any weekly in a manner determined by NMFS, after any other fishery category defined under reporting period that results in a consultation with the Council, based on this paragraph (e)(3)(iv). retained catch of groundfish. the types of information listed under (D) Groundfish pot gear fishery. paragraph (e)(5)(ii) of this section. (D) Rockfish fishery. Fishing with Fishing with pot gear under restrictions trawl gear during any weekly reporting (B) Seasonal apportionment set forth in § 679.24(b) during any exceeded. If a seasonal apportionment period that results in a retained weekly reporting period that results in aggregate amount of rockfish species of of a nontrawl fishery bycatch allowance a retained catch of groundfish. made under this paragraph (e)(5) is the genera Sebastes and Sebastolobus (E) Other nontrawl fisheries. Fishing exceeded, the amount by which the that is greater than the retained amount for groundfish with nontrawl gear seasonal apportionment is exceeded of any other fishery category defined during any weekly reporting period that will be deducted from the fishery’s under this paragraph (e)(3)(iv). results in a retained catch of groundfish remaining seasonal bycatch allowances (E) Pacific cod fishery. Fishing with and does not qualify as a Pacific cod during a current fishing year in a trawl gear during any weekly reporting hook-and-line fishery, a sablefish hook- manner determined by NMFS, after period that results in a retained and-line fishery, a jig gear fishery, or a consultation with the Council, based on aggregate amount of Pacific cod that is groundfish pot gear fishery as defined the types of information listed under greater than the retained amount of any under paragraph (e)(4)(ii) of this section. paragraph (e)(5)(ii) of this section. other groundfish fishery category (5) Seasonal apportionments of (6) Notification—(i) General. NMFS defined under this paragraph (e)(3)(iv). bycatch allowances—(i) General. NMFS, will publish annually in the Federal (F) Pollock/Atka mackerel/‘‘other after consultation with the Council, may Register the proposed and final bycatch species.’’ Fishing with trawl gear during apportion fishery bycatch allowances on allowances, seasonal apportionments any weekly reporting period that results a seasonal basis. thereof, and the manner in which in a retained aggregate amount of (ii) Factors to be considered. NMFS seasonal apportionments of nontrawl pollock other than pollock harvested in will base any seasonal apportionment of fishery bycatch allowances will be the midwater pollock fishery defined a bycatch allowance on the following managed, as required under this under paragraph (e)(3)(iv)(A) of this types of information: paragraph (e). section, Atka mackerel, and ‘‘other (A) Seasonal distribution of (ii) Public comment. Public comment species’’ that is greater than the retained prohibited species; will be accepted by NMFS on the amount of any other fishery category (B) Seasonal distribution of target proposed bycatch allowances, seasonal defined under this paragraph (e)(3)(iv). groundfish species relative to prohibited apportionments thereof, and the manner (4) Halibut apportionment to nontrawl species distribution; in which seasonal apportionments of (C) Expected prohibited species fishery categories—(i) General. NMFS, nontrawl fishery bycatch allowances bycatch needs on a seasonal basis after consultation with the Council, may will be managed, for a period of 30 days relevant to change in prohibited species apportion the halibut PSC limit for from the date of publication in the biomass and expected catches of target nontrawl gear set forth under paragraph Federal Register. (e)(2) of this section into bycatch groundfish species; (D) Expected variations in bycatch (7) Trawl PSC closures—(i) Exception. allowances for nontrawl fishery rates throughout the fishing year; When a bycatch allowance, or seasonal categories defined under paragraph (E) Expected changes in directed apportionment thereof, specified for the (e)(4)(ii) of this section, based on each groundfish fishing seasons; pollock/Atka mackerel/’’other species’’ category’s proportional share of the (F) Expected start of fishing effort; or fishery category is reached, only anticipated bycatch mortality of halibut (G) Economic effects of establishing directed fishing for pollock is closed to during a fishing year and the need to seasonal prohibited species trawl vessels using nonpelagic trawl optimize the amount of total groundfish apportionments on segments of the gear. harvested under the nontrawl halibut target groundfish industry. (ii) Red king crab or C. bairdi Tanner PSC limit. The sum of all halibut (iii) Seasonal trawl fishery bycatch crab, Zone 1, closure. Except as bycatch allowances will equal the allowances—(A) Unused seasonal provided in paragraph (e)(7)(i) of this halibut PSC limit established in apportionments. Unused seasonal section, if, during the fishing year, the paragraph (e)(2) of this section. apportionments of trawl fishery bycatch Regional Director determines that U.S. (ii) Nontrawl fishery categories. For allowances made under this paragraph fishing vessels participating in any of purposes of apportioning the nontrawl (e)(5) will be added to its respective the fishery categories listed in halibut PSC limit among fisheries, the fishery bycatch allowance for the next paragraphs (e)(3)(iv)(B) through (F) of following fishery categories are season during a current fishing year. this section will catch the Zone 1 specified and defined in terms of round- (B) Seasonal apportionment bycatch allowance, or seasonal weight equivalents of those BSAI exceeded. If a seasonal apportionment apportionment thereof, of red king crab Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31259 or C. bairdi Tanner crab specified for (2) Pollock/Atka mackerel/ ‘‘other (3) The area defined by straight lines that fishery category under paragraph species’’. When the pollock/Atka connecting the following coordinates in (e)(3) of this section, NMFS will publish mackerel/’’other species’’ fishery the order listed: in the Federal Register the closure of category reaches its specified bycatch 56°00′ N. lat., 165°00′ W. long. Zone 1 to directed fishing for each allowance, or seasonal apportionment 56°00′ N. lat., 164°00′ W. long. species and/or species group in that thereof, the Herring Savings Areas are 55°00′ N. lat., 164°00′ W. long. fishery category for the remainder of the closed to directed fishing for pollock by 55°00′ N. lat., 165°00′ W. long. year or for the remainder of the season. trawl vessels using nonpelagic trawl 54°30′ N. lat., 165°00′ W. long. (iii) Red king crab or C. bairdi Tanner gear. 54°30′ N. lat., 167°00′ W. long. 55°00′ N. lat., 167°00′ W. long. crab, Zone 2, closure. Except as (vi) Chum salmon—(A) Trawling provided in paragraph (e)(7)(i) of this 55°00′ N. lat., 166°00′ W. long. prohibitions. (1) Trawling is prohibited ° ′ ° ′ section, if, during the fishing year, the 55 30 N. lat., 166 00 W. long. from August 1 through August 31 in the ° ′ ° ′ Regional Director determines that U.S. 55 30 N. lat., 165 00 W. long. Chum Salmon Savings Area. 56°00′ N. lat., 165°00′ W. long. fishing vessels participating in any of the fishery categories listed in (2) If the Regional Director determines (8) Nontrawl halibut closures. If, paragraphs (e)(3)(iv)(B) through (F) of that 42,000 non-chinook salmon have during the fishing year, the Regional this section will catch the Zone 2 been caught by vessels using trawl gear Director determines that U.S. fishing bycatch allowance, or seasonal during August 15 through October 14 in vessels participating in any of the apportionment thereof, of red king crab the CVOA defined under § 679.22(a)(5), nontrawl fishery categories listed under or C. bairdi Tanner crab specified for NMFS will prohibit fishing with trawl paragraph (e)(4) of this section will that fishery category under paragraph gear for the remainder of the period catch the halibut bycatch allowance, or (e)(3) of this section, NMFS will publish September 1 through October 14 in the seasonal apportionment thereof, in the Federal Register the closure of Chum Salmon Savings Area as defined specified for that fishery category under Zone 2 to directed fishing for each in paragraph (e)(7)(vi)(B) of this section. paragraph (e)(4)(ii) of this section, species and/or species group in that (B) Chum Salmon Savings Area of the NMFS will publish in the Federal fishery category for the remainder of the CVOA. The Chum Salmon Savings Area Register the closure of the entire BSAI year or for the remainder of the season. is an area defined by straight lines to directed fishing with the relevant gear (iv) Halibut closure. Except as connecting the following coordinates in type for each species and/or species provided in paragraph (e)(7)(i) of this the order listed: group in that fishery category. section, if, during the fishing year, the ° ′ ° ′ (f) Program to reduce prohibited Regional Director determines that U.S. 56 00 N. lat., 167 00 W. long. species bycatch rates—(1) 56°00′ N. lat., 165°00′ W. long. fishing vessels participating in any of 55°30′ N. lat., 165°00′ W. long. Requirements—(i) General. A vessel’s the trawl fishery categories listed in 55°30′ N. lat., 164°00′ W. long. bycatch rate, as calculated at the end of paragraphs (e)(3)(iv)(B) through (F) of 55°00′ N. lat., 164°00′ W. long. a fishing month under paragraph this section in the BSAI will catch the 55°00′ N. lat., 167°00′ W. long. (f)(8)(ii) of this section, while halibut bycatch allowance, or seasonal 56°00′ N. lat., 167°00′ W. long. participating in the fisheries identified apportionment thereof, specified for that in paragraph (f)(2) of this section, shall fishery category under paragraph (e)(3) (vii) Chinook salmon—(A) Closure. not exceed bycatch rate standards of this section, NMFS will publish in When the Regional Director determines referenced in paragraph (f)(3) of this the Federal Register the closure of the that 48,000 chinook salmon have been section. entire BSAI to directed fishing for each caught by vessels using trawl gear in the (ii) Applicability. A vessel is subject species and/or species group in that BSAI during the time period from to this paragraph (f) if the groundfish fishery category for the remainder of the January 1 through April 15, NMFS will catch of the vessel is observed on board year or for the remainder of the season. prohibit fishing with trawl gear for the the vessel, or on board a mothership (v) Pacific herring—(A) Closure. remainder of that period within the that receives unsorted codends from the Except as provided in paragraph Chinook Salmon Savings Area defined vessel, at any time during a weekly (e)(7)(v)(B) of this section, if, during the in paragraph (e)(7)(vii)(B) of this reporting period, and the vessel is fishing year, the Regional Director section. assigned to one of the fisheries defined determines that U.S. fishing vessels (B) Chinook Salmon Savings Area. under paragraph (f)(2) of this section. participating in any of the fishery The Chinook Salmon Savings Area is (2) Assigned fisheries. During any categories listed in paragraphs defined in the following three areas of weekly reporting period, a vessel’s (e)(3)(iv)(A) through (F) of this section the BSAI: observed catch composition of in the BSAI will catch the herring (1) The area defined by straight lines groundfish species for which a TAC has bycatch allowance, or seasonal connecting the following coordinates in been specified in the GOA or BSAI will apportionment thereof, specified for that the order listed: determine the fishery to which the fishery category under paragraph (e)(3) vessel is assigned, as follows: of this section, NMFS will publish in 56°30′ N. lat., 171°00′ W. long. (i) GOA midwater pollock fishery 56°30′ N. lat., 169°00′ W. long. the Federal Register the closure of the ° ′ ° ′ means fishing with trawl gear in the Herring Savings Area as defined in 56 00 N. lat., 169 00 W. long. GOA that results in an observed catch 56°00′ N. lat., 171°00′ W. long. Figure 4 of this part to directed fishing 56°30′ N. lat., 171°00′ W. long. of groundfish from the GOA during any for each species and/or species group in weekly reporting period that is that fishery category. (2) The area defined by straight lines composed of 95 percent or more of (B) Exceptions—(1) Midwater pollock. connecting the following coordinates in pollock when the directed fishery for When the midwater pollock fishery the order listed: pollock by vessels using trawl gear other category reaches its specified bycatch 54°00′ N. lat., 171°00′ W. long. than pelagic trawl gear is closed. allowance, or seasonal apportionment 54°00′ N. lat., 170°00′ W. long. (ii) GOA other trawl fishery means thereof, the Herring Savings Areas are 53°00′ N. lat., 170°00′ W. long. fishing with trawl gear in the GOA that closed to directed fishing for pollock 53°00′ N. lat., 171°00′ W. long. results in an observed catch of with trawl gear. 54°00′ N. lat., 171°00′ W. long. groundfish from the GOA during any 31260 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations weekly reporting period that does not (ii) Immediately preceding season’s (i) A description of the adjustment to qualify as a midwater pollock fishery average observed bycatch rates for that one or more bycatch rate standards under paragraph (f)(2)(i) of this section. fishery. specified for a fishery. (iii) BSAI midwater pollock fishery (iii) The bycatch allowances and (ii) The reasons for the adjustment means fishing with trawl gear in the associated fishery closures specified and the determinations required under BSAI that results in an observed catch under paragraphs (d) and (e) of this paragraph (f)(4) of this section. of groundfish from the BSAI during any section. (iii) The effective date and any weekly reporting period that is (iv) Anticipated groundfish harvests termination date of such adjustment. If composed of 95 percent or more of for that fishery. no termination date is specified, the pollock when the directed fishery for (v) Anticipated seasonal distribution adjustment will remain in effect until pollock by vessels using trawl gear other of fishing effort for groundfish. revised by subsequent notification in (vi) Other information and criteria than pelagic trawl gear is closed. the Federal Register. deemed relevant by the Regional (7) Vessel bycatch rates—(i) Observed (iv) BSAI yellowfin sole fishery means Director. data. For purposes of this section, fishing with trawl gear in the BSAI that (5) Public comment—(i) Prior observed data collected for each haul results in a retained aggregate amount of comment. Bycatch rate standards or sampled during a day will include: rock sole, ‘‘other flatfish,’’ and yellowfin adjustments to such standards specified Date; Federal reporting area where trawl sole caught in the BSAI during any under this section will not take effect gear for the haul was retrieved; total weekly reporting period that is greater until NMFS has published the proposed round weight of groundfish, in metric than the retained amount of any other bycatch rate standards or adjustments to tons in the portion of the haul sampled fishery under this paragraph (f)(2) and such standards in the Federal Register by groundfish species or species group results in a retained amount of BSAI for public comment for a period of 30 for which a TAC has been specified yellowfin sole that is 70 percent or more days, unless NMFS finds for good cause under § 679.20; and total round weight of the retained aggregate amount of that such notification and public of halibut, in kilograms, in the portion BSAI rock sole, ‘‘other flatfish,’’ and comment are impracticable, of the haul sampled. Observer data from yellowfin sole. unnecessary, or contrary to the public the BSAI trawl fisheries also will (v) BSAI bottom pollock fishery means interest. include the total number of red king fishing with trawl gear in the BSAI that (ii) Comment after notification. If crab in the portion of the haul sampled. results in a retained amount of pollock NMFS decides, for good cause, that (ii) Observer sampling procedures. (A) caught in the BSAI during any weekly bycatch rate standards or adjustments to NMFS will randomly predetermine the reporting period other than pollock such standards are to be made effective hauls to be sampled by an observer harvested in the midwater pollock without affording a prior opportunity during the time the observer is on a fishery in the BSAI defined in paragraph for public comment, public comments vessel. (f)(2)(iii) of this section, that is greater on the necessity for, and extent of, (B) An observer will take samples at than the retained amount of any other bycatch rate standards or adjustments to random from throughout the haul, and fishery defined under this paragraph such standards will be received by the take samples prior to sorting of the haul (f)(2). Regional Director for a period of 15 days by the crew for processing or discarding (vi) BSAI other trawl fishery means after the effective date of notification. of the catch. fishing with trawl gear in the BSAI that (iii) Public inspection of data. During (C) An observer will sample a results in a retained amount of any such 15-day period, the Regional minimum of 100 kg of fish from each groundfish caught in the BSAI during Director will make available for public haul sampled. any weekly reporting period that does inspection, during business hours, the (D) While an observer is at sea, the not qualify as a midwater pollock, aggregate data upon which bycatch rate observer will report to NMFS, on at least yellowfin sole, or bottom pollock standards or adjustments to such a weekly basis, the data for sampled fishery. standards were based. hauls. (3) Notification of bycatch rate (iv) Written comments. If written (E) Upon request, the observer will standards—(i) Prior notice. Prior to comments are received during any such allow the vessel operator to see all January 1 and July 1 of each year, the 15-day period that oppose or protest observed data set forth under paragraph Regional Director will publish bycatch rate standards or adjustments to (f)(7)(i) of this section that the observer notification in the Federal Register such standards issued under this submits to NMFS. (8) Determination of individual vessel specifying bycatch rate standards for the section, NMFS will reconsider the bycatch rates. For each vessel, the fisheries identified in this paragraph (f) necessity for the bycatch standards or Regional Director will aggregate from that will be in effect for specified adjustment to such standards and, as sampled hauls the observed data seasons within the 6-month periods of soon as practicable after that collected during a weekly reporting January 1 through June 30 and July 1 reconsideration, will either— period on the total round weight, in through December 31, respectively. (A) Publish in the Federal Register notification of continued effectiveness metric tons, of each groundfish species (ii) Adjustments. The Regional of bycatch rate standards or adjustment or species group for which a TAC has Director may adjust bycatch rate to such standards, responding to been specified under § 679.20 to standards as frequently as he or she comments received; or determine to which of the fisheries considers appropriate. (B) Modify or rescind bycatch rate described in paragraph (f)(8)(i) of this (4) Factors upon which bycatch rate standards or adjustment to such section the vessel should be assigned for standards are based. Bycatch rate standards. that week. standards for a fishery and adjustments (6) Notification of adjustment to (i) Vessel assignment to fisheries—(A) to such standards will be based on the bycatch rate standards. Notification of BSAI catcher/processors. Catcher/proc- following information and adjustments to bycatch rate standards essors will be assigned to fisheries at the considerations: issued by NMFS under paragraph (f)(3) end of each weekly reporting period (i) Previous years’ average observed of this section will include the based on the round-weight equivalent of bycatch rates for that fishery. following information: the retained groundfish catch Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31261 composition reported on a vessel’s WPR the Bering Sea subarea (see Figure 1 of 31, 1998)—(i) Inshore component. The that is submitted to the Regional this part), except as described in CVOA is established annually from the Director under § 679.5. paragraph (a)(1)(ii) of this section. beginning of the second season of (B) BSAI catcher vessel delivery in (ii) Partial closures (Port Moller). directed fishing for pollock defined at Federal waters. Catcher vessels that NMFS may allow fishing for Pacific cod § 679.23(e) until either the date that deliver to motherships in Federal waters with trawl gear in that portion of NMFS determines that the pollock quota during a weekly reporting period will be reporting area 512 that lies south of a for processing by the inshore assigned to fisheries based on the straight line connecting the coordinates component has been harvested, or round-weight equivalent of the retained 56°43′ N. lat., 160°00′ W. long., and December 31, whichever is earlier. groundfish catch composition reported 56°00′ N. lat., 162°00′ W. long., (ii) Offshore component. (A) Vessels on the WPR submitted to the Regional provided that such fishing is in in the offshore component are Director for that week by the mothership compliance with a scientific data prohibited from conducting directed under § 679.5. collection and monitoring program, fishing for pollock in the CVOA unless (C) BSAI catcher vessel delivery in established by the Regional Director they are operating under a CDP Alaska State waters. Catcher vessels after consultation with the Council, approved by NMFS. delivering groundfish to shoreside designed to provide data useful in the (B) Vessels in the offshore component processors or to motherships in Alaska management of the trawl fishery, the that do not catch groundfish but do State waters during a weekly reporting halibut, Tanner crab and king crab process pollock caught in a directed period will be assigned to fisheries fisheries, and to prevent overfishing of fishery for pollock may operate within based on the round-weight equivalent of the halibut, Tanner and king crab stocks the CVOA to process pollock. the groundfish retained by the processor in the area. (iii) Other than pollock. Vessels that and reported on an ADF&G fish ticket as (2) Zone 1 (516) closures to trawl catch or process groundfish in directed required under Alaska State regulations gear—(i) Seasonal closures. No fishing fisheries for species other than pollock at A.S. 16.05.690. with trawl gear is allowed at any time may operate within the CVOA. (ii) Calculation of monthly bycatch in reporting area 516 of Zone 1 in the (6) Pribilof Island Area Habitat rates—(A) Assigned fishery. At the end Bering Sea Subarea (see Figure 1 of this Conservation Zone. Trawling is of each fishing month during which an part) during the period March 15 prohibited at all times in the area observer sampled at least 50 percent of through June 15, except as described in bounded by a straight line connecting a vessel’s total number of trawl hauls paragraph (a)(2)(ii) of this section. the following pairs of coordinates in the retrieved while an observer was aboard (ii) Partial closures (Port Moller). following order: (as recorded in the vessel’s DFL), the During the period March 15 through ° ′ ° ′ June 15, NMFS may allow fishing for 57 57.0 N. lat., 168 30.0 W. long. Regional Director will calculate the 56°55.2′ N. lat., 168°30.0′ W. long. vessel’s bycatch rate based on observed Pacific cod with trawl gear in that 56°48.0′ N. lat., 169°2.4′ W. long. data for each fishery to which the vessel portion of reporting area 516 that lies 56°34.2′ N. lat., 169°2.4′ W. long. ° ′ was assigned for any weekly reporting south of the line connecting 56 00 N. 56°30.0′ N. lat., 169°25.2′ W. long. ° ° ′ period during that fishing month. lat., 162 W. long., and 55 38 N. lat., 56°30.0′ N. lat., 169°44.1′ W. long. (B) Verified observer data. Only 163°00′ W. long., provided that such 56°55.8′ N. lat., 170°21.6′ W. long. fishing is in compliance with a 57°13.8′ N. lat., 171°0.0′ W. long. observed data that have been checked, ° ′ ° ′ verified, and analyzed by NMFS will be scientific data collection and monitoring 57 57.0 N. lat., 171 0.0 W. long. 57°57.0′ N. lat., 168°30.0′ W. long. used to calculate vessel bycatch rates for program, established by the Regional purposes of this section. Director after consultation with the (7) Steller sea lion protection areas, (C) Calculation. The bycatch rate of a Council, designed to provide data useful Bering Sea Subarea and Bogoslof vessel for a fishery defined under in the management of the trawl fishery, District—(i) Year-round closures. paragraph (f)(2) of this section during a halibut, Tanner crab and king crab Trawling is prohibited within 10 nm fishing month is a ratio of halibut to fisheries, and to prevent overfishing of (18.5 km) of each of the eight Steller sea groundfish that is calculated by using the halibut, Tanner crab, and king crab lion rookeries shown in Table 4a of this the total round weight of halibut (in stocks in the area. part. kilograms), or total number of red king (3) Red king crab closures. If the (ii) Seasonal closures. During January crab, in samples during all weekly Regional Director determines that 1 through April 15, or a date earlier than reporting periods in which the vessel vessels fishing with trawl gear in April 15, if adjusted under § 679.20, was assigned to that fishery and the reporting areas 512 and 516 will catch trawling is prohibited within 20 nm (37 total round weight of the groundfish (in the PSC limit of 12,000 red king crabs, km) of each of the six Steller sea lion metric tons) for which a TAC has been he or she will immediately prohibit all rookeries shown in Table 4b of this part. specified under § 679.20 in samples fishing with trawl gear in those areas by (8) Steller sea lion protection areas, taken during all such periods. notification in the Federal Register. Aleutian Islands Subarea—(i) Year- (9) Compliance with bycatch rate (4) Walrus protection areas. From round closures. Trawling is prohibited standards. A vessel has exceeded a April 1 through September 30 of any within 10 nm (18.4 km) of each of the bycatch rate standard for a fishery if the fishing year, vessels with a Federal 19 Steller sea lion rookeries shown in vessel’s bycatch rate for a fishing month, fisheries permit under § 679.4 are Table 5a of this part. as calculated under paragraph (f)(8)(ii) prohibited in that part of the Bering Sea (ii) Seasonal closures. During January of this section exceeds the bycatch rate subarea between 3 and 12 nm seaward 1 through April 15, or a date earlier than standard established for that fishery of the baseline used to measure the April 15, if adjusted under § 679.20, under paragraph (f)(2) of this section. territorial sea around islands named trawling is prohibited within 20 nm (37 Round Island and The Twins, as shown km) of each of the two Steller sea lion § 679.22 Closures. on National Ocean Survey Chart 16315, rookeries shown in Table 5b of this part. (a) BSAI—(1) Zone 1 (512) closures to and around Cape Pierce (58°33′ N. lat., (b) GOA—(1) Kodiak Island, trawls trawl gear—(i) Year-round closures. No 161°43′ W. long.). other than pelagic trawls —(i) Type I fishing with trawl gear is allowed at any (5) Catcher Vessel Operational Area closures. No person may trawl in waters time in reporting area 512 of Zone 1 in (CVOA) (applicable through December of the EEZ within the vicinity of Kodiak 31262 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

Island, as shown in Figure 5 of this part (i) From 0001 hours, A.l.t., January 1, season specified in paragraph (g)(1) of as Type I areas, from a vessel having any through 1200 hours, A.l.t., April 1; this section. trawl other than a pelagic trawl either (ii) From 1200 hours, A.l.t., June 1, (iii) CDQ pollock. Directed fishing for attached or on board. through 1200 hours, A.l.t., July 1; and pollock under the Western Alaska CDQ (ii) Type II closures. From February 15 (iii) From 1200 hours, A.l.t., Program pursuant to subpart C of this to June 15, no person may trawl in September 1, through 2400 hours, A.l.t., part is authorized from 0001 hours, waters of the EEZ within the vicinity of December 31. A.l.t., January 1, through the end of the Kodiak Island, as shown in Figure 5 of (e) BSAI seasons—(1) Directed fishing fishing year. this part as Type II areas, from a vessel for arrowtooth flounder and Greenland (f) IFQ halibut. The fishing period(s) having any trawl other than a pelagic turbot. Directed fishing for arrowtooth for IFQ halibut are established by the trawl either attached or on board. flounder and Greenland turbot in the IPHC and are specified in part 301 of (iii) Type III closures. Type III areas BSAI is authorized from 1200 hours, this title. Catches of halibut by fixed are open to any trawl other than a A.l.t., May 1, through 2400 hours, A.l.t., gear at times other than during the pelagic trawl gear year round. December 31, subject to the other specified fishing periods must be treated (2) Steller sea lion protection areas— provisions of this part. as prohibited species as prescribed at (i) Year-round closures. Trawling is (2) Directed fishing for pollock. § 679.21(b). prohibited in the GOA within 10 nm of Subject to other provisions of this part, (g) IFQ sablefish. (1) Directed fishing the 14 Steller sea lion rookeries and except as provided in paragraph for sablefish using fixed gear in any IFQ designated in Table 6a of this part. (e)(3) of this section, directed fishing for regulatory area may be conducted in any (ii) Seasonal closures. During January pollock is authorized from 0001 hours, fishing year during the period specified 1 through April 15, or a date earlier than A.l.t., January 1, through 1200 hours, by the Regional Director and announced April 15, if adjusted under § 679.20, A.l.t., April 15, and from 1200 hours, by publication in the Federal Register. trawling is prohibited in the GOA A.l.t., August 15, through the end of the The Regional Director will take into within 20 nm of each of the three Steller fishing year. account the opening date of the halibut sea lion rookeries presented in Table 6b (3) Offshore pollock (Applicable season when determining the opening of this part. through December 31, 1998)— date for sablefish for the purposes of (c) Directed fishing closures. See (i) Subject to other provisions of this reducing bycatch and regulatory § 679.20(d). part and except as provided in discards between the two fisheries. (d) Groundfish as prohibited species paragraph (e)(3)(ii) of this section, (2) Catches of sablefish by fixed gear closures. See § 679.20(d). directed fishing for pollock by the during other periods may be retained up (e) Overfishing closures. See offshore component, defined at § 679.2, to the amounts provided for by the § 679.20(d). or by vessels delivering pollock to the directed fishing standards specified at (f) Prohibited species closures. See offshore component, is authorized from § 679.20 when made by an individual § 679.21. 1200 hours, A.l.t., January 26, through aboard the vessel who has a valid IFQ § 679.23 Seasons. 1200 hours, A.l.t., April 15, and from card and unused IFQ in the account on 1200 hours, A.l.t., August 15, through which the card was issued. (a) General. Fishing for groundfish in (3) Catches of sablefish in excess of the GOA and BSAI is authorized from the end of the fishing year. (ii) Directed fishing for pollock by the the maximum retainable bycatch 0001 hours, A.l.t., January 1, through amounts and catches made without IFQ 2400 hours, A.l.t., December 31, subject offshore component or vessels delivering pollock to the offshore must be treated in the same manner as to the other provisions of this part, prohibited species. except as provided in paragraph (c) of component is prohibited through 1200 this section. hours, A.l.t., February 5, for those § 679.24 Gear limitations. (b) Time of groundfish openings and vessels that are used to fish prior to Regulations pertaining to vessel and closures. The time of all openings and 1200 hours, A.l.t., January 26, for gear markings are set forth in this closures of fishing seasons, other than groundfish in the BSAI, groundfish in section and as prescribed in part 301 of the beginning and end of the calendar the GOA, as defined at § 679.2, or king this title. fishing year, is 1200 hours, A.l.t. or Tanner crab in the BSAI, as defined (a) Marking of gear—longline marker (c) GOA and BSAI trawl groundfish. at § 679.2. This paragraph (e)(3)(ii) does buoys. (1) All longline marker buoys Notwithstanding other provisions of this not apply to vessels used to fish carried on board or used by any vessel part, fishing for groundfish with trawl exclusively in a directed fishery for regulated under this part shall be gear in the GOA and BSAI is prohibited pollock prior to 1200 hours, A.l.t., marked with the following: from 0001 hours, A.l.t., January 1, January 26, under the Western Alaska (i) The vessel’s name; and through 1200 hours, A.l.t., January 20. CDQ Program pursuant to subpart C of (ii) The vessel’s Federal fisheries (d) GOA seasons—(1) Directed fishing this part. permit number; or for trawl rockfish. Directed fishing for (4) CDQ fishing seasons. (i) CDQ (iii) The vessel’s registration number. rockfish of the genera Sebastes and halibut. Fishing for CDQ halibut with (2) Markings shall be in characters at Sebastolobus with trawl gear is fixed gear under an approved CDQ least 4 inches (10.16 cm) in height and authorized from 1200 hours, A.l.t., on allocation may begin on the effective 0.5 inch (1.27 cm) in width in a the first day of the third quarterly date of the allocation, except that CDQ contrasting color visible above the water reporting period of a fishing year fishing may occur only during the line and shall be maintained so the through 2400 hours, A.l.t., December 31, fishing periods specified in part 301 of markings are clearly visible. subject to other provisions of this part. this title. (b) Gear restrictions—(1) Pots—(i) (2) Directed fishing for pollock. (ii) CDQ sablefish. Fishing for CDQ Biodegradable panel. Each pot used to Subject to other provisions of this part, sablefish with fixed gear under an fish for groundfish must be equipped directed fishing for pollock in the approved CDQ allocation may begin on with a biodegradable panel at least 18 Western and Central Regulatory Areas is the effective date of the allocation, inches (45.72 cm) in length that is authorized only during the three except that CDQ directed fishing may parallel to, and within 6 inches (15.24 seasons: occur only during the IFQ fishing cm) of, the bottom of the pot, and that Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31263 is sewn up with untreated cotton thread (d) Trawl gear test areas—(1) General. (ii) Modification of the allowable gear of no larger size than No. 30. For purposes of allowing pelagic and to be used in all or part of a (ii) Tunnel opening. Each pot used to nonpelagic trawl fishermen to test trawl management area. fish for groundfish must be equipped fishing gear, NMFS may establish, after (iii) Adjustment of TAC and PSC with rigid tunnel openings that are no consulting with the Council, locations limits. wider than 9 inches (22.86 cm) and no for the testing of trawl fishing gear in (iv) Interim closures of statistical higher than 9 inches (22.86 cm), or soft areas that would otherwise be closed to areas, or portions thereof, to directed tunnel openings with dimensions that trawling. fishing for specified groundfish species. are no wider than 9 inches (22.86 cm). (2) Trawl gear testing. For the (2) Determinations. (i) Any inseason (iii) Longline pot gear. Any person purposes of this section, ‘‘trawl gear adjustment taken under paragraphs using longline pot gear must treat any testing’’ means deploying trawl gear in (a)(1)(i), (ii), or (iii) of this section must catch of groundfish as a prohibited areas designated in this paragraph (d) be based on a determination that such species as provided by § 679.21(b), under the following conditions. adjustments are necessary to prevent: except in the Aleutian Islands subarea. (i) The codend shall be unzipped (A) Overfishing of any species or (2) Net-sounder device. Each person while trawl gear testing. stock of fish or shellfish; trawling in any GOA area limited to (ii) Groundfish shall not be possessed (B) Harvest of a TAC for any pelagic trawling under § 679.22 must on board when trawl gear testing. groundfish species or the taking of a maintain on that trawl a properly (iii) Observers aboard vessels during PSC limit for any prohibited species functioning, recording net-sounder the time spent trawl gear testing shall that, on the basis of the best available device, and must retain all net-sounder not fulfill observer requirements at scientific information, is found by recordings on board the fishing vessel subpart E of this part. NMFS to be incorrectly specified; or (3) Criteria. The establishment of test during the fishing year. (C) Underharvest of a TAC or gear areas must comply with the following (3) Trawl footrope. No person trawling share of a TAC for any groundfish criteria: in any GOA area limited to pelagic species when catch information (i) Depth and bottom type must be trawling under § 679.22 may allow the indicates that the TAC or gear share has suitable for testing the particular gear footrope of that trawl to be in contact not been reached. type. with the seabed for more than 10 (ii) Any inseason closure of a percent of the period of any tow, as (ii) The areas must be outside State waters. statistical area, or portion thereof, under indicated by the net-sounder device. paragraph (a)(1)(iv) of this section, must (c) Gear restrictions for sablefish—(1) (iii) The areas must be in locations not be based upon a determination that such Gear allocations. Gear allocations of normally closed to fishing with that gear closures are necessary to prevent: sablefish TAC are set out under type. (A) A continuation of relatively high § 679.20. (iv) The areas must be in locations (2) GOA Eastern Area—(i) General. that are not usually fished heavily by bycatch rates of prohibited species (A) No person may use any gear other that gear type. specified under § 679.21(b) in a than hook-and-line and trawl gear when (v) The areas must not be within a statistical area, or portion thereof; fishing for sablefish in the GOA Eastern designated Steller sea lion protection (B) Take of an excessive share of PSC Area. area at any time of the year. limits or bycatch allowances established (B) No person may use any gear other (4) Test areas. Trawl gear testing is under § 679.21(d) and (e) by vessels than hook-and-line gear to engage in allowed in the following areas (Figure 7 fishing in a statistical area, or portion directed fishing for sablefish. of this part) bounded by straight lines thereof; (ii) Sablefish as prohibited species— connecting the coordinates in the order (C) Closure of one or more directed (A) Trawl gear. When operators of listed, at all times: fisheries for groundfish due to excessive vessels using trawl gear have harvested (i) Kodiak Test Area. prohibited species bycatch rates 5 percent of the TAC for sablefish in the 57°37′ N. lat., 152°02′ W. long. occurring in a specified fishery GOA Eastern Regulatory Area during 57°37′ N. lat., 151°25′ W. long. operating within all or part of a any year, further trawl catches of 57°23′ N. lat., 151°25′ W. long. statistical area; or sablefish must be treated as prohibited 57°23′ N. lat., 152°02′ W. long. (D) Premature attainment of ° ′ ° ′ species as provided by § 679.21(b). 57 37 N. lat., 152 02 W. long. established PSC limits or bycatch (B) Other gear. Operators of vessels (ii) Sand Point Test Area. allowances and associated loss of opportunity to harvest the groundfish using gear types other than those 54°50′ N. lat., 161°00′ W. long. specified in paragraph (c)(2)(i) of this 54°50′ N. lat., 160°30′ W. long. OY. section in the GOA Eastern Regulatory 54°35′ N. lat., 160°30′ W. long. (iii) The selection of the appropriate Area must treat any catch of sablefish as 54°35′ N. lat., 161°00′ W. long. inseason management adjustments a prohibited species as provided by 54°50′ N. lat., 161°00′ W. long. under paragraphs (a)(1)(i) and (ii) of this § 679.21(b). (iii) Bering Sea Test Area. section must be from the following (3) GOA Central and Western Areas; authorized management measures and ° ′ ° ′ sablefish as prohibited species. 55 00 N. lat., 167 00 W. long. must be based upon a determination by 55°00′ N. lat., 166°00′ W. long. Operators of vessels using gear types ° ′ ° ′ the Regional Director that the 54 40 N. lat., 166 00 W. long. management adjustment selected is the other than hook-and-line and trawl gear 54°40′ N. lat., 167°00′ W. long. in the GOA Central and Western 55°00′ N. lat., 167°00′ W. long. least restrictive necessary to achieve the Regulatory Areas must treat any catch of purpose of the adjustment: sablefish in these areas as a prohibited § 679.25 Inseason adjustments. (A) Any gear modification that would species as provided by § 679.21(b). (a) General—(1) Types of adjustments. protect the species in need of (4) BSAI. Operators of vessels using Inseason adjustments issued by NMFS conservation, but that would still allow gear types other than hook-and-line, pot, under this section include: other fisheries to continue; or trawl gear in the BSAI must treat (i) Closure, extension, or opening of a (B) An inseason adjustment that sablefish as a prohibited species as season in all or part of a management would allow other fisheries to continue provided by § 679.21(b). area. in noncritical areas and time periods; 31264 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(C) Closure of a management area and (c) Procedure. (1) No inseason Governor, NMFS shall find that the season to all groundfish fishing; or adjustment issued under this section Governor developed and approved the (D) Reopening of a management area will take effect until— CDP after conducting at least one public or season to achieve the TAC or gear (i) NMFS has filed the proposed hearing, at an appropriate time and share of a TAC for any of the target adjustment for public inspection with location in the geographical area species or the ‘‘other species category. the Office of the Federal Register; and concerned, so as to allow all interested (iv) The adjustment of a TAC or PSC (ii) NMFS has published the proposed persons an opportunity to be heard. limit for any species under paragraph adjustment in the Federal Register for Hearing(s) on the CDP do not have to be (a)(1)(iii) of this section must be based public comment for a period of 30 days held on the actual documents submitted upon a determination by the Regional before it is made final, unless NMFS to the Governor under paragraph (b) of Director that the adjustment is based finds for good cause that such this section, but must cover the upon the best available scientific notification and public procedure is substance and content of the proposed information concerning the biological impracticable, unnecessary, or contrary CDP in such a manner that the general stock status of the species in question to the public interest. public, and particularly the affected and that the currently specified TAC or (2) If NMFS decides, for good cause, parties, have a reasonable opportunity PSC limit is incorrect. Any adjustment that an adjustment is to be made to understand the impact of the CDP. to a TAC or PSC limit must be without affording a prior opportunity The Governor must provide reasonable reasonably related to the change in for public comment, public comments public notification of hearing date(s) biological stock status. on the necessity for, and extent of, the and location(s). The Governor must adjustment will be received by the (v) The inseason closure of a make available for public review, at the Regional Director for a period of 15 days statistical area, or a portion thereof, time of public notification of the after the effective date of notification. under paragraph (a)(1)(iv) of this section hearing, all state materials pertinent to (3) During any such 15-day period, the hearing(s) and must include a shall not extend beyond a 60-day period the Regional Director will make unless information considered under transcript or summary of the public available for public inspection, during hearing(s) with the Governor’s paragraph (b) of this section warrants an business hours, the aggregate data upon extended closure period. Any closure of recommendations to NMFS in which an adjustment was based. accordance with this subpart. At the a statistical area, or portion thereof, to (4) If written comments are received reduce prohibited species bycatch rates same time this transcript is submitted to during any such 15-day period that NMFS, it must be made available, upon requires a determination by the Regional oppose or protest an inseason Director that the closure is based on the request, to the public. The public adjustment issued under this section, hearing held by the Governor will serve best available scientific information NMFS will reconsider the necessity for concerning the seasonal distribution as the public hearing for purposes of the adjustment and, as soon as NMFS review under paragraph (c) of and abundance of prohibited species practicable after that reconsideration, and bycatch rates of prohibited species this section. will either— (3) Council consultation. Before associated with various groundfish (i) Publish in the Federal Register sending his/her recommendations for fisheries. notification of continued effectiveness approval of CDPs to NMFS, the (b) Data. All information relevant to of the adjustment, responding to Governor must consult with the one or more of the following factors may comments received; or Council, and make available, upon be considered in making the (ii) Modify or rescind the adjustment. request, CDPs that are not part of the determinations required under (5) Notifications of inseason Governor’s recommendations. paragraphs (a)(2)(i) and (ii) of this adjustments issued by NMFS under (b) CDP application. The Governor, section: paragraph (a) of this section will include after consultation with the Council, (1) The effect of overall fishing effort the following information: shall include in his or her written (i) A description of the management within a statistical area; findings to NMFS recommending adjustment. (2) Catch per unit of effort and rate of approval of a CDP, that the CDP meets (ii) Reasons for the adjustment and harvest; the requirements of these regulations, the determinations required under (3) Relative distribution and the Magnuson Act, the Alaska Coastal abundance of stocks of groundfish paragraph (a)(2)(i) of this section. (iii) The effective date and any Management Program, and other species and prohibited species within applicable law. At a minimum, the all or part of a statistical area; termination date of such adjustment. If no termination date is specified, the submission must discuss the (4) Condition of a stock in all or part determination of a community as of a statistical area; adjustment will terminate on the last day of the fishing year. eligible; information regarding (5) Inseason prohibited species community development, including bycatch rates observed in groundfish Subpart CÐWestern Alaska goals and objectives; business fisheries in all or part of a statistical Community Development Quota information; and a statement of the area; Program managing organization’s qualifications. (6) Historical prohibited species For purposes of this section, an eligible bycatch rates observed in groundfish § 679.30 General CDQ regulations. community includes any community or fisheries in all or part of a statistical (a) State of Alaska CDQ group of communities that meets the area; responsibilities—(1) Compliance. The criteria set out in paragraph (d) of this (7) Economic impacts on fishing State of Alaska must be able to ensure section. Applications for a CDP must businesses affected; or implementation of the CDPs once include the following information: (8) Any other factor relevant to the approved by NMFS. To accomplish this, (1) Community development conservation and management of the State must establish a monitoring information. Community development groundfish species or any incidentally system that defines what constitutes information includes: caught species that are designated as compliance and non-compliance. (i) Project description. A description prohibited species or for which a PSC (2) Public hearings. Prior to granting of the CDP projects that are proposed to limit has been specified. approval of a CDP recommended by the be funded by the CDQ and how the CDP Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31265 projects satisfy the goals and purpose of all individuals who have a financial including profit, loss, and the return on the CDQ program. interest in the CDQ project. investment on all business ventures (ii) Allocation request. The allocation (iv) Profit sharing. Description of within the previous 12 months by the of each CDQ species requested for each profit sharing arrangements. managing organization). subarea or district of the BSAI, as (v) Funding. Description of all (c) Review and approval of CDPs—(1) defined at § 679.2 and for each IPHC funding and financing plans. Consistent with criteria. (i) Upon receipt regulatory area, as prescribed in part (vi) Partnerships. Description of joint by NMFS of the Governor’s 301 of this title. venture arrangements, loans, or other recommendation for approval of (iii) Project schedule. The length of partnership arrangements, including the proposed CDPs, NMFS will review the time the CDQ will be necessary to distribution of proceeds among the record to determine whether the achieve the goals and objectives of the parties. community eligibility criteria and the CDP, including a project schedule with (vii) General budget for implementing evaluation criteria set forth in paragraph measurable milestones for determining the CDP. A general budget is a general (d) of this section have been met. NMFS progress. account of estimated income and shall then approve or disapprove the (iv) Employment. The number of expenditures for each CDP project that Governor’s recommendation within 45 individuals to be employed under the is described in paragraph (b)(1)(i) of this days of its receipt. CDP, the nature of the work provided, section for the total number of calendar (ii) In the event of approval, NMFS the number of employee-hours years that the CDP is in effect. shall notify the Governor and the anticipated per year, and the availability (viii) Capital equipment. A list of all Council in writing that the Governor’s of labor from the applicant’s capital equipment. recommendations for CDPs are community(ies). (ix) Cash flow. A cash flow and break- consistent with the evaluation criteria even analysis. (v) Vocational and educational under paragraph (d) of this section and (x) Income statement. A balance sheet programs. Description of the vocational other applicable law, including NMFS and income statement, including profit, and educational training programs that reasons for approval. loss, and return on investment for the a CDQ allocation under the CDP would (iii) Publication of the decision, proposed CDP. including the percentage of each CDQ generate. (3) Statement of managing (vi) Existing infrastructure. reserve for each subarea or district organization’s qualifications. Statement allocated under the CDPs and the Description of existing fishery-related of the managing organization’s infrastructure and how the CDP would availability of the findings, will be qualifications includes: published in the Federal Register. use or enhance existing harvesting or (i) Structure and personnel. processing capabilities, support (iv) NMFS will allocate no more than Information regarding its management 33 percent of the total CDQ to any facilities, and human resources. structure and key personnel, such as (vii) New capital. Description of how approved CDP application. resumes and references; including the (v) A CDQ community may not the CDP would generate new capital or name, address, fax number, and concurrently receive more than one equity for the applicant’s fishing and/or telephone number of the managing pollock, halibut, or sablefish allocation processing operations. organization’s representative; and and only one application for each type (viii) Transition plan. A plan and (ii) Management qualifications. A of CDP per CDQ applicant will be schedule for transition from reliance on description of how the managing accepted. the CDQ allocation under the CDP to organization is qualified to manage a (2) Not consistent with criteria. (i) If self-sufficiency in fisheries. CDQ allocation and prevent quota NMFS finds that the Governor’s (ix) Short- and long-term benefits. A overages. For purposes of this section, a recommendations for CDQ allocations description of short- and long-term qualified managing organization means are not consistent with the evaluation benefits to the applicant from the CDQ any organization or firm that would criteria set forth in these regulations and allocation. assume responsibility for managing all disapproves the Governor’s (2) Business information. Business or part of the CDP and that meets the recommendations, NMFS shall so information includes: following criteria: advise the Governor and the Council in (i) Method of harvest. Description of (A) Official letter of support. writing, including the reasons therefor. the intended method of harvesting the Documentation of support from each (ii) Notification of the decision will be CDQ allocation, including the types of community represented by the applicant published in the Federal Register. products to be produced; amounts to be for a CDP through an official letter of (3) Revised CDP. (i) The CDP harvested; when, where, and how support approved by the governing body applicant may submit a revised CDP to harvesting is to be conducted; and of the community. the Governor for submission to NMFS. names and permit numbers of the (B) Legal relationship. Documentation (ii) Review by NMFS of a revised CDP vessels that will be used to harvest a of a legal relationship between the CDP application will be in accordance with CDQ allocation. applicant and the managing the provisions set forth in this section. (ii) Target market and competition. organization (if the managing (d) Evaluation criteria. NMFS will Description of the target market for sale organization is different from the CDP approve the Governor’s of products and competition existing or applicant), which clearly describes the recommendations for CDPs if NMFS known to be developing in the target responsibilities and obligations of each finds the CDP is consistent with the market. party as demonstrated through a requirements of these regulations, (iii) Business relationships. contract or other legally binding including the following: Description of business relationships agreement. (1) CDP application. Each CDP between all business partners or with (C) Expertise. Demonstration of application is submitted in compliance other business interests, if any, management and technical expertise with the application procedures including arrangements for necessary to carry out the CDP as described in paragraph (b) of this management, audit control, and a plan proposed by the CDP application (e.g., section. to prevent quota overages. For purposes proven business experience as shown by (2) NMFS review. Prior to approval of of this section, business partners means a balance and income statement, a CDP recommended by the Governor, 31266 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

NMFS will review the Governor’s (A) The number of individuals from (B) Annual progress reports will findings to determine that each applicant communities who will be include information describing how the community that is part of a CDP is listed employed under the CDP, the nature of CDP has met its milestones, goals, and in Table 7 of this part or meets the their work, and career advancement. objectives. following criteria for an eligible (B) The number and percentage of low (C) On the basis of those reports, the community: income persons residing in the Governor will submit an annual (i) The community is located within applicant communities, and the progress report to NMFS and 50 nm from the baseline from which the economic opportunities provided to recommend whether CDPs should be breadth of the territorial sea is measured them through employment under the continued. along the Bering Sea coast from the CDP. (D) NMFS must notify the Governor in Bering Strait to the western most of the (C) The number of communities writing within 45 days of receipt of the Aleutian Islands, or on an island within cooperating in the application. Governor’s annual progress report, the Bering Sea. A community is not (D) The relative benefits to be derived accepting or rejecting the annual eligible if it is located on the GOA coast by participating communities and the progress report and the Governor’s of the North Pacific Ocean, even if it is specific plans for developing a self- recommendations. within 50 nm of the baseline of the sustaining fisheries economy. (E) If NMFS rejects the Governor’s Bering Sea. (E) The success or failure of the annual progress report, NMFS will (ii) The community is certified by the applicant and/or the managing return it for revision and resubmission. Secretary of the Interior pursuant to the organization in the execution of a prior (F) The report will be deemed Native Claims Settlement Act (Public CDP (e.g., exceeding a CDQ allocation or approved if NMFS does not notify the Law 92–203) to be a native village. any other related violation may be Governor in writing within 45 days of (iii) The residents of the community considered a failure and may therefore the report’s receipt. conduct more than half of their current result in partially or fully precluding a (ii) Annual budget report. (A) An commercial or subsistence fishing effort CDP from a future CDQ allocation). annual budget report is a detailed (6) Qualified applicant. For purposes in the waters of the BSAI. estimation of income and expenditures of this paragraph (d), ‘‘qualified (iv) The community has not for each CDP project as described in applicant’’ means: previously developed harvesting or paragraph (b)(1)(i) of this section for a (i) A local fishermen’s organization processing capability sufficient to calendar year. from an eligible community, or group of support substantial groundfish fisheries eligible communities, that is (B) The annual budget report must be participation in the BSAI, unless the incorporated under the laws of the State submitted to NMFS by December 15 community can show that benefits from of Alaska, or under Federal law, and preceding the year for which the annual an approved CDP would be the only whose board of directors is composed of budget applies. way to realize a return from previous at least 75 percent resident fishermen of (C) Annual budget reports are investments. The communities of the community (or group of approved upon receipt by NMFS, unless Unalaska and Akutan are excluded communities) that is (are) making an disapproved in writing by December 31. under this provision. application; or If disapproved, the annual budget report (3) Qualified managing organization. (ii) A local economic development may be revised and resubmitted to Each CDP application demonstrates that organization incorporated under the NMFS. a qualified managing organization will laws of the State of Alaska, or under (D) NMFS will approve or disapprove be responsible for the harvest and use of Federal law, specifically for the purpose a resubmitted annual budget report in the CDQ allocation pursuant to the CDP. of designing and implementing a CDP, writing. (4) Exceeding the CDQ allocation. and that has a board of directors (iii) Annual budget reconciliation Each CDP application demonstrates that composed of at least 75 percent resident report. A CDQ group must reconcile its managing organization can fishermen of the community (or group each annual budget by May 30 of the effectively prevent exceeding the CDQ of communities) that is (are) making an year following the year for which the allocation. application. annual budget applied. Reconciliation is (5) Governor’s findings. The Governor (7) Resident fisherman. For the an accounting of the annual budget’s has found for each recommended CDP purpose of this paragraph (d), ‘‘resident estimated income and expenditures that: fisherman’’ means an individual with with the actual income and (i) The CDP and the managing documented commercial or subsistence expenditures, including the variance in organization are fully described in the fishing activity who maintains a mailing dollars and variance in percentage for CDP application, and have the ability to address and permanent domicile in the each CDP project that is described in successfully meet the CDP milestones community and is eligible to receive an paragraph (b)(1)(i) of this section. If a and schedule. Alaska Permanent Fund dividend at that general budget, as described in (ii) The managing organization has an address. paragraph (b)(2)(vii) of this section, is adequate budget for implementing the (8) Board of directors. If a qualified no longer correct due to the CDP, and the CDP is likely to be applicant represents more than one reconciliation of an annual budget, then successful. community, the board of directors of the the general budget must also be revised (iii) A qualified applicant has applicant must include at least one to reflect the annual budget submitted the CDP application and the member from each of the communities reconciliation. The revised general applicant and managing organization represented. budget must be included with the have the support of each community (e) Monitoring of CDPs—(1) CDP annual budget reconciliation report. participating in the proposed CDQ reports. The following reports must be (2) Increase in CDQ allocation. If an project as demonstrated through an submitted to NMFS: applicant requests an increase in a CDQ, official letter approved by the governing (i) Annual progress reports. (A) CDP the applicant must submit a new CDP body of each such community. applicants are required to submit annual application for review by the Governor (iv) The following factors have been progress reports to the Governor by June and approval by NMFS as described in considered: 30 of the year following allocation. paragraphs (b) and (c) of this section. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31267

(3) Substantial amendments. (i) A the CDP that result from the proposed partially suspended, suspended, or CDP is a working business plan and amendment. terminated, along with reasons therefor. must be kept up to date. Substantial (D) A comparison of the original CDP (2) Non-compliance. NMFS also may amendments, as described in paragraph text with the text of the proposed partially suspend, suspend, or terminate (e)(3)(iv) of this section, to a CDP will changes to the CDP, and the changed any CDP at any time if NMFS finds a require written notification to the pages of the CDP for replacement in the recipient of a CDQ allocation pursuant Governor and subsequent approval by CDP binder. to the CDP is not complying with these the Governor and NMFS before any (E) Identification of any NMFS regulations, other regulations, or change in a CDP can occur. The findings that would need to be modified provisions of the Magnuson Act or other Governor may recommend to NMFS that if the amendment is approved along applicable law. Publication of the request for an amendment be with the proposed modified text. suspension or termination will appear approved. (F) A description of how the proposed in the Federal Register, along with the (ii) NMFS may notify the Governor in amendment meets the requirements of reasons therefor. writing of approval or disapproval of the this subpart. Only those CDQ (3) Review of allocation. An annual amendment within 30 days of receipt of regulations that are affected by the progress report, required under the Governor’s recommendation. The proposed amendment need to be paragraph (e)(1)(i) of this section, will Governor’s recommendation for discussed. be used by the Governor to review each approval of an amendment will be (4) Technical amendments. (i) Any CDP to determine whether the CDP and deemed approved if NMFS does not change to a CDP that is not a substantial CDQ allocation thereunder should be notify the Governor in writing within 30 amendment as defined in paragraph continued, decreased, partially calendar days of receipt of the (e)(3)(iv) of this section is a technical suspended, suspended, or terminated Governor’s recommendation. amendment. It is the responsibility of under the following circumstances: (iii) If NMFS determines that the CDP, the CDQ group to coordinate with the (i) If the Governor determines that the if changed, would no longer meet the Governor to ensure that a proposed CDP will successfully meet its goals and criteria under paragraph (d) of this technical amendment does not meet the objectives, the CDP may continue section, or if any of the requirements definition for a substantial amendment. without any Secretarial action. Technical amendments require written under this section would not be met, (ii) If the Governor recommends to notification to the Governor and NMFS NMFS shall notify the Governor in NMFS that an allocation be decreased, before the change in a CDP occurs. writing of the reasons why the the Governor’s recommendation for (ii) A technical amendment will be amendment cannot be approved. decrease will be deemed approved if approved when the CDQ group receives (iv) For the purposes of this section, NMFS does not notify the Governor, in a written notification from NMFS substantial amendments are defined as writing, within 30 days of receipt of the announcing the receipt of the technical changes in a CDP, including, but not Governor’s recommendation. amendment. The Governor may limited to, any of the following: (iii) If the Governor determines that a (A) Any change in the applicant recommend to NMFS, in writing, that a technical amendment be disapproved at CDP has not successfully met its goals communities or replacement of the and objectives, or appears unlikely to managing organization. any time. NMFS may disapprove a technical amendment in writing at any become successful, the Governor may (B) A change in the CDP applicant’s time, with the reasons therefor. submit a recommendation to NMFS that harvesting or processing partner. (iii) Notification should include: the CDP be partially suspended, (C) Funding a CDP project in excess (A) The pages of the CDP, with the suspended, or terminated. The Governor of $100,000 that is not part of an text highlighted to show deletions and must set out, in writing, his or her approved general budget. additions. reasons for recommending suspension (D) More than a 20-percent increase in (B) The changed pages of the CDP for or termination of the CDP. the annual budget of an approved CDP replacement in the CDP binder. (iv) After review of the Governor’s project. (5) Cease fishing operations. It is the recommendation and reasons therefor, (E) More than a 20-percent increase in responsibility of the CDQ-managing NMFS will notify the Governor, in actual expenditures over the approved organization to cease fishing operations writing, of approval or disapproval of annual budget for administrative once a CDQ allocation has been reached. his or her recommendation within 30 operations. (f) Suspension or termination of a days of its receipt. In the case of (F) A change in the contractual CDP—(1) Governor’s recommendation. suspension or termination, NMFS will agreement(s) between the CDP applicant (i) NMFS, at any time, may partially publish notification in the Federal and its harvesting or processing partner, suspend, suspend, or terminate any CDP Register, with reasons therefor. or a change in a CDP project, if such upon written recommendation of the change is deemed by the Governor or Governor setting out his or her reasons § 679.31 CDQ reserve. NMFS to be a material change. that the CDP recipient is not complying (a) Pollock CDQ reserve (applicable (v) Notification of an amendment to a with these regulations. through December 31, 1998). (1) In the CDP shall include the following (ii) After review of the Governor’s proposed and final harvest information: recommendation and reasons for a specifications required under (A) The background and justification partial suspension, suspension, or § 679.20(c), one-half of the pollock TAC for the amendment that explains why termination of a CDP, NMFS will notify placed in the reserve for each subarea or the proposed amendment is necessary the Governor in writing of approval or district will be assigned to a CDQ and appropriate. disapproval of his or her reserve for each subarea or district. (B) An explanation of why the recommendation within 45 days of its (2) NMFS may add any amount of a proposed change to the CDP is an receipt. CDQ reserve back to the nonspecific amendment according to paragraph (iii) In the event of approval of the reserve if, after September 30, the (e)(3)(i) of this section. Governor’s recommendation, NMFS will Regional Director determines that (C) A description of the proposed publish an announcement in the amount will not be used during the amendment, explaining all changes to Federal Register that the CDP has been remainder of the fishing year. 31268 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(b) Halibut CDQ reserve. (1) NMFS § 679.32 Estimation of total pollock (3) Catcher vessel. Observer coverage will annually withhold from IFQ harvest in the CDQ fisheries (applicable requirements for catcher vessels allocation the proportions of the halibut through December 31, 1998). participating in the CDQ fisheries are in catch limit that are specified in this (a) Recordkeeping and reporting addition to any observer coverage paragraph (b) for use as a CDQ reserve. requirements. Vessels and processors requirements in subpart E of this part. (2) Portions of the CDQ for each participating in pollock CDQ fisheries Each catcher vessel delivering specified IPHC regulatory area may be must comply with recordkeeping and groundfish harvested under a CDQ, allocated for the exclusive use of an reporting requirements set out at other than a catcher vessel delivering eligible Western Alaska community or § 679.5. only unsorted codends to a processor or group of communities in accordance (b) Total pollock harvests—(1) another vessel, must have a NMFS- with a CDP approved by the Governor Observer estimates. Total pollock certified observer on the vessel at all in consultation with the Council and harvests for each CDP will be times while the vessel is participating in approved by NMFS. determined by observer estimates of the CDQ fisheries, regardless of the total catch and catch composition, as vessel length. (3) The proportions of the halibut reported on the daily observer catch (d) Shoreside processor equipment catch limit annually withheld for message. and operational requirements. Each purposes of the CDQ program, exclusive (2) Cease fishing. The CDQ-managing shoreside processor participating in the of issued QS, are as follows for each organization must arrange to receive a CDQ fisheries must comply with the IPHC regulatory area: copy of the observer daily catch message following requirements: (i) Area 4B. In IPHC regulatory area from processors in a manner that allows (1) Certified scale. Groundfish 4B, 20 percent of the annual halibut the CDQ-managing organization to harvested in the CDQ fisheries must be quota shall be made available for the inform processors to cease fishing recorded and weighed on a scale halibut CDQ program to eligible operations before the CDQ allocation certified by the State of Alaska. Such a communities physically located in or has been exceeded. CDQ-managing scale must measure catch weights at all proximate to this regulatory area. For organization representatives must also times to at least 95-percent accuracy, as the purposes of this section, ‘‘proximate inform NMFS within 24 hours after the determined by a NMFS-certified to’’ an IPHC regulatory area means CDQ has been reached and fishing has observer or authorized officer. The scale within 10 nm from the point where the ceased. and scale display must be visible boundary of the IPHC regulatory area (3) NMFS estimates. If NMFS simultaneously by the observer. intersects land. determines that the observer, the (2) Access to scale. Observers must be provided access to the scale used to (ii) Area 4C. In IPHC regulatory area processor, or the CDQ-managing organization failed to follow the weigh groundfish landings. 4C, 50 percent of the halibut quota shall (3) Retention of scale printouts. procedures described in paragraphs (c), be made available for the halibut CDQ Printouts of scale measurements of each (d), and (e) of this section for estimating program to eligible communities CDQ delivery must be made available to the total harvest of pollock, or violated physically located in IPHC regulatory observers and be maintained in the any other regulation in this subpart C of area 4C. shoreside processor for the duration of this part, NMFS reserves the right to the fishing year, or for as long after a (iii) Area 4D. In IPHC regulatory area estimate the total pollock harvest based fishing year as product from fish 4D, 30 percent of the halibut quota shall on the best available data. be made available for the halibut CDQ harvested during that year are retained (c) Observer coverage. Vessel program to eligible communities located in the shoreside processor. operators and processors participating in or proximate to IPHC regulatory areas (4) Prior notice of offloading schedule. in CDQ fisheries must comply with the 4D and 4E. The manager of each shoreside following requirements for observer processor must notify the observer(s) of (iv) Area 4E. In IPHC regulatory area coverage: the offloading schedule of each CDQ 4E, 100 percent of the halibut quota (1) Shoreside processor. (i) Each groundfish delivery at least 1 hour prior shall be made available for the halibut shoreside processor participating in the to offloading to provide the observer an CDQ program to communities located in CDQ fisheries must have one NMFS- opportunity to monitor the weighing of or proximate to IPHC regulatory area 4E. certified observer present at all times the entire delivery. A fishing trip limit of 6,000 lb (2.7 mt) while groundfish harvested under a (e) Processor vessel measurement will apply to halibut CDQ harvesting in CDQ are being received or processed. requirements. Each processor vessel IPHC regulatory area 4E. (ii) The Regional Director is participating in the CDQ fishery for (c) Sablefish CDQ reserve. In the authorized to require more than one pollock must estimate the total weight proposed and final harvest limit observer for a shoreside processor if: of its groundfish catch by the volumetric specifications required under (A) The CDQ delivery schedule procedures specified in paragraph (e)(1) § 679.20(c), NMFS will specify 20 requires an observer to be on duty more of this section or must weigh its catch percent of the fixed gear allocation of than 12 hours in a 24-hour period; in accordance with the procedures in sablefish in each BSAI subarea as a (B) Simultaneous deliveries of CDQ paragraph (e)(2) of this section. sablefish CDQ reserve, exclusive of harvests by more than one vessel cannot (1) Volumetric measures of total issued QS. Portions of the CDQ reserve be monitored by a single observer; or catch—(i) Receiving bins. Each for each subarea may be allocated for (C) One observer is not capable of processor vessel estimating its catch by the exclusive use of CDQ applicants in adequately monitoring CDQ deliveries. volumetric measurement must have one accordance with CDPs approved by the (2) Processor vessel. Each processor or more receiving bins in which all fish Governor in consultation with the vessel participating in the CDQ fisheries catches are placed to determine total Council and approved by NMFS. NMFS must have two NMFS-certified catch weight prior to sorting operations. will allocate no more than 33 percent of observers aboard the vessel at all times (ii) Bin volume. The volume of each the total CDQ for all subareas combined while groundfish harvested under a bin must be accurately measured, and to any one applicant with an approved CDQ are being harvested, processed, or the bin must be permanently marked CDP application. received from another vessel. and numbered in 10-cm increments on Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31269 all internal sides of the bin. Marked (2) Scale weight measurements of registered buyer permit, and reported in increments, except those on the wall total catch—(i) Equipment. Any scale compliance with § 679.5 (l)(1) and (l)(2). containing the viewing port or window, used on a processor vessel to weigh (e) CDQ fishing seasons. See must be readable from the outside of the groundfish harvested in the CDQ § 679.23(e)(4). bin at all times. Bins must be lighted in fisheries must measure catch weights to a manner that allows marked at least 95-percent accuracy at all times § 679.34 CDQ halibut and sablefish determinations and appeals. increments to be read from the outside as determined by a NMFS-certified of the bin by a NMFS-certified observer observer or authorized officer. The scale Section 679.43 describes the or authorized officer. must be equipped with a functional procedure for appealing initial (iii) Bin certification. (A) The bin motion compensation device to account administrative determinations for the volume and marked and numbered for vessel acceleration, roll, pitch, and halibut and sablefish CDQ program increments must be certified by a vibration movement. The scale and made under this subpart C of this part. registered engineer with no financial scale display must be visible by the Subpart DÐIndividual Fishing Quota interest in fishing, fish processing, or observer simultaneously. Management Measures fish tender vessels, or by a qualified (ii) Printouts. Printouts of scale organization that has been designated by measurements of each haul weight must § 679.40 Sablefish and halibut QS. the USCG Commandant, or an be made available to the observer and be The Regional Director shall annually authorized representative thereof, for maintained on board the vessel for the divide the TAC of halibut and sablefish the purpose of classing or examining duration of the fishing year or for as that is apportioned to the fixed gear commercial fishing industry vessels long after a fishing year as products fishery pursuant to part 301 of this title under the provisions of 46 CFR 28.76. from fish harvested during that year are and § 679.20, minus the CDQ reserve, (B) Bin volumes and marked and retained on board a vessel. among qualified halibut and sablefish numbered increments must be (iii) Separation of fish. The catch from quota share holders, respectively. recertified each time a bin is structurally each haul must be kept separate, such (a) Initial allocation of QS—(1) or physically changed. that the scale weight can be obtained General. The Regional Director shall (C) The location of bin markings, as separately for each haul. initially assign to qualified persons, on certified, must be described in writing. or after October 18, 1994, halibut and § 679.33 Halibut and sablefish CDQ. Tables certified under this paragraph sablefish fixed gear fishery QS that are (e)(1)(iii) indicating the volume of each (a) Permits. The Regional Director will specific to IFQ regulatory areas and certified bin in cubic meters for each 10- issue a halibut and/or sablefish CDQ vessel categories. QS will be assigned as cm increment marked on the sides of permit to the managing organization a block in the appropriate IFQ the bins, must be submitted to the responsible for carrying out an approved regulatory area and vessel category, if NMFS Observer Program prior to CDQ project. A copy of the halibut and/ that QS would have resulted in an harvesting or receiving groundfish and or sablefish CDQ permit must be carried allocation of less than 20,000 lb (9 mt) must be maintained on board the vessel on any fishing vessel operated by or for of IFQ for halibut or sablefish based on and made available to NMFS-certified the managing organization, and be made the 1994 TAC for fixed gear in those observers at all times. available for inspection by an fisheries for specific IFQ regulatory (D) All bin certification documents authorized officer. Each halibut and/or areas and the QS pools of those fisheries must be dated and signed by the sablefish CDQ permit will be non- for specific IFQ regulatory areas as of certifier. transferable and will be effective for the October 17, 1994. (iv) Prior notification. Vessel duration of the CDQ project or until (2) Qualified person. (i) As used in operators must notify observers prior to revoked, suspended, or modified. this section, a ‘‘qualified person’’ means any removal or addition of fish from (b) CDQ cards. The Regional Director a ‘‘person,’’ as defined in § 679.2: each bin used for volumetric will issue halibut and/or sablefish CDQ (A) That owned a vessel that made measurements of catch in such a cards to all individuals named on an legal landings of halibut or sablefish, manner that allows an observer to take approved CDP application. Each halibut harvested with fixed gear, from any IFQ bin volume measurements prior to fish and/or sablefish CDQ card will identify regulatory area in any QS qualifying being removed from or added to the bin. a CDQ permit number and the year; or Once a volumetric measurement has individual authorized by the managing (B) That leased a vessel that made been taken, additional fish may not be organization to land halibut and/or legal landings of halibut or sablefish, added to the bin until at least half the sablefish for debit against its CDQ harvested with fixed gear, from any IFQ original volume has been removed. Fish allocation. regulatory area in any QS qualifying may not be removed from or added to (c) Alteration. No person may alter, year. A person who owns a vessel a bin used for volumetric measurements erase, or mutilate a halibut and/or cannot be a qualified person based on of catch until an observer indicates that sablefish CDQ permit, card, registered the legal fixed gear landings of halibut bin volume measurements have been buyer permit, or any valid and current or sablefish made by a person who completed and any samples of catch permit or document issued under this leased the vessel for the duration of the required by the observer have been part. Any such permit, card, or lease. taken. document that has been intentionally (ii) Qualified persons, or their (v) Separation of fish. Fish from altered, erased, or mutilated will be successors-in-interest, must exist at the separate hauls or deliveries from invalid. time of their application for QS. separate harvesting vessels may not be (d) Landings. All landings of halibut (iii) A former partner of a dissolved mixed in any bin used for volumetric and/or sablefish harvested under an partnership or a former shareholder of a measurements of catch. approved CDQ project, dockside sales, dissolved corporation who would (vi) Bin viewing port. Fish must not be and outside landings of halibut and/or otherwise qualify as a person may apply loaded into a bin used for volumetric sablefish must be landed by a person for QS in proportion to his or her measurements above the level of the with a valid halibut and/or sablefish interest in the dissolved partnership or viewing port in the bin. CDQ card to a person with a valid corporation. 31270 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(iv) Sablefish harvested within Prince (4) Calculation of initial QS—(i) (C) To each applicable vessel category William Sound, or under a State of Halibut QS. The Regional Director shall in proportion to the landings of halibut Alaska limited entry program, will not calculate the halibut QS for any or sablefish made by that person if, at be considered in determining whether a qualified person in each IFQ regulatory any time during their most recent year person is a qualified person. area based on that person’s highest total of participation, that person used more (3) Qualification for QS—(i) Year. A legal landings of halibut in each IPHC than one vessel in different categories. QS qualifying year is 1988, 1989, or regulatory area for any 5 years of the 7- (iv) Sablefish QS. A qualified person’s 1990. year halibut QS base period 1984 sablefish QS will be assigned: (ii) Vessel ownership. Evidence of through 1990. The sum of all halibut QS (A) To vessel category C if, at any time vessel ownership shall be limited to the for an IFQ regulatory area will be the during his/her most recent year of following documents, in order of halibut QS pool for that area. participation, that person’s vessel was priority: (ii) Sablefish QS. The Regional less than or equal to 60 ft (18.3 m) LOA (A) For vessels required to be Director shall calculate the sablefish QS and did not process any groundfish or documented under the laws of the for any qualified person in each IFQ halibut caught with fixed gear. United States, the USCG abstract of title regulatory area based on that person’s (B) To the vessel category in which issued in respect of that vessel. highest total legal landings of sablefish halibut and groundfish were landed, or (B) A certificate of registration that is in each groundfish reporting area for vessel categories in proportion to the determinative as to vessel ownership. any 5 years of the 6-year sablefish QS total fixed gear landings of halibut and (C) A bill of sale. base period 1985 through 1990. The groundfish, if, at any time during the (iii) Vessel lease. Conclusive evidence sum of all sablefish QS for an IFQ most recent year of participation, that of a vessel lease will include a written regulatory area will be the sablefish QS person’s vessel(s) makes no landing(s) of vessel lease agreement or a notarized pool for that area. sablefish. (v) Halibut QS. A qualified person’s statement from the vessel owner and (iii) CDQ program. Each initial QS halibut QS will be assigned: lease holder attesting to the existence of calculation will be modified to (A) To vessel category C if, at any time a vessel lease agreement at any time accommodate the CDQ program during his/her most recent year of during the QS qualifying years. prescribed at subpart C of this part. participation, that person’s vessel was Conclusive evidence of a vessel lease (5) Assignment of QS to vessel less than or equal to 60 ft (18.3 m), but must identify the leased vessel and categories—(i) LOA. Each qualified greater than 35 ft (10.7 m), LOA and did indicate the name of the lease holder person’s QS will be assigned to a vessel not process any groundfish or halibut and the period of time during which the category based on the LOA of vessel(s) caught with fixed gear. from which that person made fixed gear lease was in effect. Other evidence, (B) To vessel category D if, at any time legal landings of groundfish or halibut which may not be conclusive, but may during his/her most recent year of in the most recent year of participation tend to support a vessel lease, may also participation, that person’s vessel was and the product type landed. As used in be submitted. less than or equal to 35 ft (10.7 m) LOA this paragraph (a)(5), ‘‘the most recent (iv) Ownership interest. Evidence of and did not process any groundfish or year of participation’’ means the most ownership interest in a dissolved halibut caught with fixed gear. partnership or corporation shall be recent of 4 calendar years in which any (C) To the vessel category in which limited to corporate documents (e.g., groundfish or halibut were harvested groundfish were landed, or vessel articles of incorporation) or notarized using fixed gear, as follows: 1988, 1989, categories in proportion to the total statements signed by each former or 1990; or calendar year 1991 prior to fixed gear landings of groundfish, if, at partner, shareholder or director, and September 26, 1991. any time during the most recent year of specifying their proportions of interest. (ii) Vessel categories. Vessel participation, that person’s vessel(s) (v) Legal landing of halibut or categories include: makes no landing(s) of halibut. sablefish—(A) Definition. As used in (A) Category A—freezer vessels of any (vi) Both species QS. A qualified this section, a ‘‘legal landing of halibut length. person’s QS for both species will be or sablefish’’ means halibut or sablefish (B) Category B—catcher vessels assigned to the vessel category in which harvested with fixed gear and landed in greater than 60 ft (18.3 m) LOA. groundfish were landed in the most compliance with state and Federal (C) Category C—catcher vessels less recent year of participation if, at any regulations in effect at the time of the than or equal to 60 ft (18.3 m) LOA for time during that year, that person landing. sablefish, or catcher vessels greater than landed halibut in one vessel category (B) Documentation. Evidence of legal 35 ft (10.7 m) but less than or equal to and sablefish in a different vessel landings shall be limited to 60 ft (18.3 m) LOA for halibut. category. documentation of state or Federal catch (D) Category D—catcher vessels that (6) Application for initial QS—(i) reports that indicate the amount of are less than or equal to 35 ft (10.7 m) Application form. Upon request, the halibut or sablefish harvested, the IPHC LOA for halibut. Regional Director shall make available regulatory area or groundfish reporting (iii) QS assignment. A qualified to any person an application form for an area in which it was caught, the vessel person’s QS will be assigned: initial allocation of QS. The application and gear type used to catch it, and the (A) To vessel category A if, at any form sent to the person requesting a QS date of harvesting, landing, or reporting. time during his/her most recent year of allocation will include all data on that State catch reports are Alaska, participation, that person’s vessel person’s vessel ownership and catch Washington, Oregon, or California fish processed any groundfish or halibut history of halibut and sablefish that can tickets. Federal catch reports are WPRs caught with fixed gear. be released to the applicant under required under § 679.5. Sablefish (B) To vessel category B if, at any time current state and Federal confidentiality harvested within Prince William Sound during his/her most recent year of rules, and that are available to the or under a State of Alaska limited entry participation, that person’s vessel was Regional Director at the time of the program will not be considered in greater than 60 ft (18.3 m) LOA and did request. determining qualification to receive QS, not process any groundfish or halibut (ii) Application period. An nor in calculating initial QS. caught with fixed gear. application period of no less than 180 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31271 days will be specified by notification in passage of time needed to resolve the person’s annual IFQ account and if the the Federal Register and other dispute, the assignment of QS and IFQ amount greater than the amount information sources that the Regional for subsequent fishing seasons will be available does not exceed 10 percent of Director deems appropriate. unaffected. the amount available in the person’s (iii) Complete application. Complete (b) Annual allocation of IFQ. The annual IFQ account at the time of applications received by the Regional Regional Director shall assign halibut or landing. The adjustment would be a Director will be acknowledged. An sablefish IFQs to each person holding deduction of the amount of IFQ species incomplete application will be returned unrestricted QS for halibut or sablefish, harvested or landed that was to the applicant with specific kinds of respectively, up to the limits prescribed determined to exceed the amount information identified that are necessary in § 679.42 (e) and (f). Each assigned available in the person’s annual IFQ to make it complete. IFQ will be specific to an IFQ regulatory account and will apply to any person to (7) Insufficient documentation. area and vessel category, and will whom the affected IFQ is allocated in Halibut and sablefish catch history, represent the maximum amount of the year following the determination. vessel ownership or lease data, and halibut or sablefish that may be (e) Underages. Underages of up to 10 other information supplied by an harvested from the specified IFQ percent of a person’s total annual IFQ applicant will be compared with data regulatory area and by the person to account for a current fishing year will be compiled by the Regional Director. If whom it is assigned during the specified added to that person’s annual IFQ additional data presented in an fishing year, unless the IFQ assignment account in the year following application are not consistent with the is changed by the Regional Director determination of the underage. This data compiled by the Regional Director, within the fishing year because of an underage adjustment to the annual IFQ the applicant will be notified of approved transfer or because all or part allocation will be specific to IFQ insufficient documentation. The of the IFQ is sanctioned for violating species, IFQ regulatory area, and vessel applicant will have 90 days to submit rules of this part. category for which an IFQ is calculated, corroborating documents (as specified (c) Calculation of annual IFQ and will apply to any person to whom in paragraph (a) of this section) in allocation—(1) General. The annual the affected IFQ is allocated in the year support of his/her application or to allocation of IFQ to any person (person following determination of an underage. resubmit a revised application. All p) in any IFQ regulatory area (area a) (f) Harvesting privilege. Quota shares applicants will be limited to one will be equal to the product of the TAC allocated or permits issued pursuant to opportunity to provide corroborating of halibut or sablefish by fixed gear for this part do not represent either an documentation or a revised application that area (after adjustment for purposes absolute right to the resource or any in response to notification of of the Western Alaska CDQ Program) interest that is subject to the ‘‘takings’’ insufficient documentation. and that person’s QS divided by the QS provision of the Fifth Amendment of the (8) Verified data. Uncontested data in pool for that area. Overages will be U.S. Constitution. Rather, such quota applications will be approved by the subtracted from a person’s IFQ pursuant shares or permits represent only a Regional Director. Based on these data, to paragraph (d) of this section. harvesting privilege that may be revoked the Regional Director will calculate each Expressed algebraically, the annual IFQ or amended subject to the requirements applicant’s initial halibut and sablefish allocation formula is as follows: of the Magnuson Act and other QS, as provided in paragraph (b) of this applicable law. section, for each IFQ regulatory area, IFQ pa = [(fixed gear TACa ¥ CDQ × respectively, and will add each reservea) (QSpa/QS poola)] ¥ § 679.41 Transfer of QS and IFQ. applicant’s halibut and sablefish QS for overage of IFQpa. (a) General. (1) Except as provided in an IFQ regulatory area to the respective (2) QS amounts. For purposes of paragraph (a)(2) of this section, transfer QS pool for that area. calculating IFQs for any fishing year, the of QS or IFQ means any transaction (9) Unverified data. Catch history, amount of a person’s QS and the requiring QS, or the use thereof in the vessel ownership, or lease data that amount of the QS pool for any IFQ form of IFQ, to pass from one person to cannot be verified by the Regional regulatory area will be the amounts on another, permanently or for a fixed Director, following the procedure record with the Alaska Region, NMFS, period of time. described in paragraph (a)(7) of this as of 1200 hours, A.l.t., on January 31 (2) Transactions requiring IFQ cards section, will not qualify for QS. An of that year. to be issued in the name of a vessel initial determination denying QS on the (3) IFQ permit. The Regional Director master employed by an individual or a grounds that claimed catch history, shall issue to each QS holder, pursuant corporation are not transfers of QS or vessel ownership or lease data were not to § 679.4, an IFQ permit accompanied IFQ. verified may be appealed following the by a statement specifying the maximum (b) Transfer procedure—(1) procedure described in § 679.43. Quota amount of halibut and sablefish that Application for transfer. A person who share reflecting catch history, vessel may be harvested with fixed gear in a receives QS by transfer may not use IFQ ownership, or lease data that are specified IFQ regulatory area and vessel resulting from that QS for harvesting contested between two or more category as of January 31 of that year. halibut or sablefish with fixed gear until applicants, at least one of which is Such IFQ permits will be sent by an Application for Transfer of QS/IFQ likely to qualify for QS when the certified mail to each QS holder at the (Application for Transfer) is approved dispute is resolved, will be assigned to address on record for that person after by the Regional Director. The Regional a reserve that will be considered part of the beginning of each fishing year, but Director shall provide an Application the QS pool for the appropriate IFQ prior to the start of the annual IFQ for Transfer form to any person on regulatory area. Any QS and IFQ that fishing season. request. Persons who submit an results from agency action resolving the (d) Ten-percent adjustment policy. A Application for Transfer to the Regional dispute will be assigned to the person’s annual IFQ account will be Director for approval will receive prevailing applicant(s) pursuant to adjusted in the year following a notification of the Regional Director’s paragraphs (a)(4), (a)(5), (b), and (c) of determination that the person harvested decision to approve or disapprove the this section. If the assigned IFQ for the or landed IFQ species in an amount is Application for Transfer, and, if 1995 fishing season becomes moot by greater than the amount available in the applicable, the reason(s) for 31272 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations disapproval, by mail posted on the date (i) An individual; or halibut or greater than 3,000 lb (1.4 mt) of that decision, unless another (ii) A corporation, partnership, or of IFQ for sablefish based on the factors communication mode is requested on other entity. listed in § 679.40(a). A consolidated QS the Application for Transfer. (3) Application filing order. A person block cannot be divided and is (2) QS or IFQ accounts. QS or IFQ may submit the Application for considered a single block for purposes accounts affected by an Application for Eligibility with the Application for of use and transferability. Transfer approved by the Regional Transfer or file the Application for (f) Transfer of QS or IFQ with Director will change on the date of Eligibility prior to submitting the restrictions. If QS or IFQ must be approval. Any necessary IFQ permits Application for Transfer. If a person, as transferred as a result of a court order, will be sent with the notification of the described in paragraph (d)(2)(ii) of this operation of law, or as part of a security Regional Director’s decision. section, files the Application for agreement, but the person receiving the (c) Application for Transfer approval Eligibility prior to submitting the QS or IFQ by transfer does not meet all criteria. Except as provided in Application for Transfer, and that of the eligibility requirements of this paragraph (f) of this section, an person’s status subsequently changes, as section, the Regional Director will Application for Transfer will not be described in § 679.42(j), that person approve the Application for Transfer approved until the Regional Director has must resubmit an Application for with restrictions. The Regional Director determined that: Eligibility before submitting, or with, will not assign IFQ resulting from the (1) The person applying for transfer the Application for Transfer. restricted QS to any person. IFQ with received the QS or IFQ to be transferred: (4) Certified mail. The Regional restrictions may not be used for (i) By initial assignment by the Director’s approval of an Application for harvesting halibut or sablefish with Regional Director as provided in Eligibility will be mailed to the person fixed gear. The QS or IFQ will remain § 679.40(a); or by certified mail. restricted until: (ii) By approved transfer. (5) Notification. The Regional Director (1) The person who received the QS (2) The person applying to receive the will notify the applicant if an or IFQ with restrictions meets the QS or IFQ meets the requirements of Application for Eligibility is eligibility requirements of this section eligibility in paragraph (d) of this disapproved. This notification of and the Regional Director approves an section. disapproval will include: Application for Eligibility for that (3) The person applying for transfer (i) The disapproved Application for person; or and the person applying to receive the Eligibility. (2) The Regional Director approves QS or IFQ have their notarized (ii) An explanation of why the the Application for Transfer from the signatures on the Application for Application for Eligibility was not person who received the QS or IFQ with Transfer. approved. restrictions to a person who meets the (4) There are no fines, civil penalties, (6) Reasons for disapproval. Reasons requirements of this section. or other payments due and owing, or for disapproval of an Application for outstanding permit sanctions, resulting Eligibility may include, but are not (g) Transfer restrictions, catcher vessel from Federal fishery violations limited to: QS. (1) Except as provided in paragraph involving either person. (i) Fewer than 150 days of experience (f) or (g)(2) of this section, only persons (5) The person applying to receive the working as an IFQ crewmember. who are IFQ crewmembers, or who were QS or IFQ currently exists. (ii) Lack of compliance with the U.S. initially assigned catcher vessel QS, and (6) The transfer would not cause the citizenship or corporate ownership meet the other requirements in this person applying to receive the QS or requirements specified by the definition section may receive catcher vessel QS. IFQ to exceed the use limits in § 679.42 of ‘‘person’’ at § 679.2. (2) Except as provided in paragraph (e) or (f). (iii) An incomplete Application for (g)(3) of this section, only persons who (7) The transfer would not violate the Eligibility. are IFQ crew members may receive provisions of paragraph (g) of this (iv) Fines, civil penalties, or other catcher vessel QS in IFQ regulatory area section. payments due and owing, or 2C for halibut or in the IFQ regulatory (8) Other pertinent information outstanding permit sanctions, resulting area east of 140° W. long. for sablefish. requested on the Application for from Federal fishery violations. (3) Catcher vessel QS initially Transfer has been supplied to the (e) Transfers of QS blocks. (1) A QS assigned to an individual may be satisfaction of the Regional Director. block must be transferred as an transferred to a corporation that is solely (d) Eligibility to receive QS or IFQ by undivided whole, unless the size of the owned by the same individual. Such transfer—(1) Application for Eligibility. QS block exceeds the use limits transfers of catcher vessel QS in IFQ All persons applying to receive QS or specified at § 679.42. If the QS block to regulatory area 2C for halibut or in the IFQ must submit an Application for be transferred exceeds the use limits IFQ regulatory area east of 140° W. long. Eligibility to Receive QS/IFQ specified at § 679.42, the Regional for sablefish will be governed by the use (Application for Eligibility), containing Director will divide the block into two provisions of § 679.42(i); the use accurate information, to the Regional blocks, one block containing the provisions pertaining to corporations at Director. The Regional Director will not maximum amount of QS allowable § 679.42(j) shall not apply. approve a transfer of IFQ or QS to a under the QS use limits and the other (4) Except as provided in paragraph person until the Application for block containing the residual QS. (h) of this section, or by court order, Eligibility for that person is approved by (2) QS blocks representing less than operation of law, or as part of a security the Regional Director. The Regional 1,000 lb (0.5 mt) of IFQ for halibut or agreement, the Regional Director will Director shall provide an Application less than 3,000 lb (1.9 mt) for sablefish, not approve an Application for Transfer for Eligibility form to any person on based on the factors listed in § 679.40(a), of catcher vessel QS subject to a lease request. for the same IFQ regulatory area and or any other condition of repossession (2) Type of eligibility. A person must vessel category, may be consolidated or resale by the person transferring QS. indicate on the Application for into larger QS blocks, provided that the The Regional Director may request a Eligibility whether the eligibility sought consolidated QS blocks do not represent copy of the sales contract or other terms is as: greater than 1,000 lb (0.5 mt) of IFQ for and conditions of transfer between two Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31273 persons as supplementary information 4A will be allocated in proportion to the sablefish with trawl gear in any IFQ to the transfer application. amount of halibut QS foregone due to regulatory area, or with pot gear in any (h) Leasing QS (applicable until the CDQ allocation authorized by this IFQ regulatory area of the GOA. January 2, 1998). A person may not use section. (c) Requirements. Any individual who IFQ resulting from a QS lease for (2) The Regional Director will harvests halibut or sablefish with fixed harvesting halibut or sablefish until an compensate persons that receive a gear must: Application for Transfer complying reduced sablefish QS in any BSAI IFQ (1) Have a valid IFQ card. with the requirements of paragraph (b) regulatory area because of the sablefish (2) Be aboard the vessel at all times of this section and the lease agreement CDQ program by taking sablefish QS during fishing operations. are approved by the Regional Director. from the IFQ regulatory areas of the (3) Sign any required fish ticket or A person may lease no more than 10 GOA and allocating it in proportion to IFQ landing report for the amount of percent of that person’s total catcher the loss suffered by persons in the BSAI halibut or sablefish that will be debited vessel QS for any IFQ species in any area. Such additional compensation of against the IFQ associated with their IFQ regulatory area to one or more sablefish QS will be allocated in IFQ card. (i) Sablefish PRRs. The amount of persons for any fishing year. After proportion to the amount of sablefish sablefish to be reported to NMFS for approving the Application for Transfer, QS foregone due to the CDQ allocation debit from an IFQ account will be the the Regional Director shall change any authorized by this section. round-weight equivalent determined by IFQ accounts affected by an approved (3) Persons initially issued QS for IFQ dividing the initial accurate scale QS lease and issue all necessary IFQ regulatory areas in which a portion of weight of the sablefish product obtained permits. QS leases must comply with all the TAC is allocated to the CDQ at time of landing by the standard PRRs transfer requirements specified in this Program will be compensated for for sablefish in Table 3 to this part. section. All leases will expire on halibut and sablefish harvest privileges December 31 of the calendar year for (ii) Halibut PRRs. The amount of foregone due to the CDQ Program. If a halibut to be reported to NMFS for debit which they are approved. person does not hold QS in an IFQ (i) Transfer across catcher vessel from an IFQ account will be the gutted, regulatory area on the date the head-off weight determined by categories—(1) CDQ compensation. compensation is issued, that person’s Persons issued CDQ compensation QS multiplying the initial accurate scale compensation will be issued as weight of the halibut obtained at the in a catcher vessel category, pursuant to unblocked. If a person does hold QS in § 679.41(j), and in an IFQ regulatory time of landing by the following an IFQ regulatory area on the date conversion factors: area in which they do not hold QS other compensation is issued, that person’s than CDQ compensation QS, may use compensation will be added to their that CDQ compensation QS on any Product Product Conversion existing QS in that IFQ regulatory area. code description factor catcher vessel. This exemption from The resulting QS amount will be catcher vessel categories ends upon the blocked or unblocked according to the 01 ...... Whole fish ...... 0.75 first transfer of the CDQ compensation criteria found at § 679.40(a). 04 ...... Gutted, head on 0.90 QS. CDQ compensation QS being Compensation will be calculated for 05 ...... Gutted, head off 1.00 transferred will be permanently each non-CDQ area using the following assigned to a specific catcher vessel (d) Emergency waiver. The formula: requirement of paragraph (c) of this category as designated by the person × × QN = (QC QSPN RATE)/(SUMCDQ¥ section for an individual IFQ card receiving the transfer. × (2) Redesignated catcher vessel [RATE SUMTAC]) holder to be aboard the vessel during × × category (Applicable until February 24, ([1¥RATE] TACAVE) (QSPC fishing operations and to sign the IFQ 1997). Catcher vessel QS transferred as [CDQ PCT ¥RATE]) landing report may be waived in the partial or total consideration for the Where: event of extreme personal emergency transfer of CDQ compensation QS may QN = quota share in non-CDQ area involving the IFQ user during a fishing be redesignated into a new catcher QC = quota share in CDQ area trip. The waiving of these requirements vessel category if the CDQ QSPN = quota share pool in non-CDQ area (as shall apply only to IFQ halibut or IFQ compensation QS being transferred can existing on January 31, 1995) sablefish retained on the fishing trip be used on any catcher vessel pursuant RATE = SUMCDQ/average of the TAC (1988– during which such emergency occurred. to the exemption in paragraph (i)(1) of 1994) for all CDQ and non-CDQ areas (e) Sablefish QS use. (1) No person, this section and the person to which TACAVE = average of the TAC (1988–1994) individually or collectively, may use an that CDQ compensation QS was issued for CDQ area amount of sablefish QS greater than 1 QSPC = quota share pool in CDQ area (as is party to the transfer. existing on January 31, 1995) percent of the combined total sablefish (3) CDQ compensation QS definition. QS for the GOA and BSAI IFQ CDQPCT = CDQ percentage for CDQ area For purposes of this paragraph (i), CDQ SUMCDQ = sum [TACAVE×CDQPCT] regulatory areas, unless the amount in compensation QS is QS issued as SUMTAC = sum [TACAVE] excess of 1 percent was received in the compensation for halibut and sablefish initial allocation of QS. harvest privileges foregone due to the § 679.42 Limitations on use of QS and IFQ. (2) In the IFQ regulatory area east of CDQ Program, as provided in paragraph (a) IFQ regulatory area. The QS or IFQ 140° W. long., no person, individually (j) of this section. specified for one IFQ regulatory area or collectively, may use more than 1 (j) Compensation for CDQ allocations. and one vessel category must not be percent of the total amount of QS for (1) The Regional Director will used in a different IFQ regulatory area this area, unless the amount in excess of compensate persons that receive a or vessel category, except as provided in 1 percent was received in the initial reduced halibut QS in IPHC regulatory paragraph (i)(2) of this section, or in allocation of QS. areas 4B, 4C, 4D, or 4E because of the § 679.41(i)(1). (f) Halibut QS use. Unless the amount halibut CDQ program by adding halibut (b) Gear. Halibut IFQ must be used in excess of the following limits was QS from IPHC regulatory areas 2C, 3A, only to harvest halibut with fishing gear received in the initial allocation of 3B, and 4A. This compensation of authorized in § 679.2. Sablefish fixed halibut QS, no person, individually or halibut QS from areas 2C, 3A, 3B, and gear IFQ must not be used to harvest 31274 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(1) IFQ regulatory area 2C. One vessel QS does not have to be aboard the new shareholder(s) or partner(s), except percent of the total amount of halibut vessel and sign IFQ landing reports if that a court appointed trustee to act on QS for IFQ regulatory area 2C. that individual owns the vessel on behalf of a shareholder or partner who (2) IFQ Regulatory areas 2C, 3A, and which IFQ sablefish or halibut are becomes incapacitated is not a change 3B. One-half percent of the total amount harvested, and is represented on the in the corporation or partnership. of halibut QS for IFQ regulatory areas vessel by a master employed by the (3) The Regional Director must be 2C, 3A, and 3B, combined. individual who received the initial notified of a change in a corporation or (3) IFQ Regulatory areas 4A, 4B, 4C, allocation of QS. partnership as defined in this paragraph 4D, and 4E. One-half percent of the total (ii) The exemption provided in (j) within 15 days of the effective date amount of halibut QS for IFQ regulatory paragraph (i)(1)(i) of this section does of the change. The effective date of areas 4A, 4B, 4C, 4D, and 4E, combined. not apply to individuals who receive an change, for purposes of this paragraph (g) Limitations on QS blocks—(1) initial allocation of catcher vessel QS for (j), is the date on which the new Number of blocks per species. (i) Except halibut in IFQ regulatory area 2C or for shareholder(s) or partner(s) may realize as provided in paragraph (g)(1)(ii) of this sablefish QS in the IFQ regulatory area any corporate liabilities or benefits of section, no person, individually or east of 140° W. long., and this the corporation or partnership. collectively, may hold more than two exemption is not transferrable. (4) Catcher vessel QS and IFQ blocks for each species in any IFQ (2) Freezer vessel. (i) Catcher vessel resulting from that QS held in the name regulatory area. IFQ may be used on a freezer vessel, of a corporation or partnership that (ii) If that person, individually or provided that the length of the freezer changes, as defined in this paragraph (j), collectively, holds unblocked QS for a vessel using the catcher vessel IFQ is must be transferred to an individual, as species in an IFQ regulatory area, such consistent with the vessel category of prescribed in § 679.41, before it may be person may only hold one QS block for the catcher vessel IFQ, as specified at used at any time after the effective date that species in that IFQ regulatory area. § 679.40(a)(5)(ii) (B) through (D) and no of the change. (2) Holding or to hold blocks of QS. frozen or otherwise processed fish For purposes of this section, ‘‘holding’’ products are on board at any time § 679.43 Determinations and appeals. or ‘‘to hold’’ blocks of QS means being during a fishing trip on which catcher (a) General. This section describes the registered by NMFS as the person who vessel IFQ is being used. procedure for appealing initial received QS by initial assignment or (ii) A vessel using catcher vessel IFQ administrative determinations made approved transfer. may not land any IFQ species as frozen under this subpart D, portions of (h) Vessel limitations—(1) Halibut. (i) or otherwise processed product. subpart C of this part that apply to the Except as provided in paragraph Processing of fish on the same vessel halibut and sablefish CDQ program, and (h)(1)(ii) of this section, no vessel may that harvested those fish using catcher § 679.4(c). be used, during any fishing year, to vessel QS is prohibited. (b) Who may appeal. Any person harvest more than one-half percent of (j) Use of catcher vessel IFQ by whose interest is directly and adversely the combined total catch limits of corporations and partnerships. A affected by an initial administrative halibut for IFQ regulatory areas 2C, 3A, corporation or partnership that receives determination may file a written appeal. 3B, 4A, 4B, 4C, 4D, and 4E. an initial allocation of catcher vessel QS For purposes of this section, such (ii) In IFQ regulatory area 2C, no may use the IFQ resulting from that QS persons will be referred to as vessel may be used to harvest more than and any additional QS acquired within ‘‘applicant’’ or ‘‘appellant.’’ 1 percent of the halibut catch limit for the limitations of this section, provided (c) Submission of appeals. Appeals this area. the corporation or partnership owns the must be in writing and must be (2) Sablefish. (i) Except as provided in vessel on which its IFQ is used, and it submitted in original form to the paragraph (h)(2)(ii) of this section, no is represented on the vessel by a master Regional Director. Contact the Regional vessel may be used, during any fishing employed by the corporation or Director for appeals address. Appeals year, to harvest more than 1 percent of partnership that received the initial transmitted by electronic means will not the combined fixed gear TAC of allocation of QS. This provision is not be accepted. sablefish for the GOA and BSAI IFQ transferrable and does not apply to (d) Timing of appeals. (1) If an regulatory areas. catcher vessel QS for halibut in IFQ applicant appeals an initial (ii) In the IFQ regulatory area east of regulatory area 2C or for sablefish in the administrative determination, the 140° W. long., no vessel may be used to IFQ regulatory area east of 140° W. long. appeal must be filed not later than 60 harvest more than 1 percent of the fixed that is transferred to a corporation or days after the date the determination is gear TAC of sablefish for this area. partnership. Such transfers of additional issued. (3) Excess. A person who receives an QS within these areas must be to an (2) The time period within which an approved IFQ allocation of halibut or individual pursuant to § 679.41(c) and appeal may be filed begins to run on the sablefish in excess of these limitations be used pursuant to paragraphs (c) and date the initial administrative may nevertheless catch and retain all of (i) of this section. determination is issued. If the last day that IFQ with a single vessel. However, (1) A corporation or partnership, of the time period is a Saturday, two or more persons may not catch and except for a publicly-held corporation, Sunday, or Federal holiday, the time retain their IFQs with one vessel in that receives an initial allocation of period will extend to the close of excess of these limitations. catcher vessel QS loses the exemption business on the next business day. (i) Use of catcher vessel IFQ. Except provided under paragraph (j) (e) Address of record. NMFS will as provided in paragraph (i)(1) of this introductory text of this section on the establish as the address of record the section, in addition to the requirements effective date of a change in the address used by the applicant in initial of paragraph (c) of this section, catcher corporation or partnership from that correspondence to Chief, RAM Division, vessel IFQ cards must be used only by which existed at the time of initial after the application period has begun. the individual who holds the QS from allocation. Notifications of all actions affecting the which the associated IFQ is derived. (2) For purposes of this paragraph (j), applicant after establishing an address (1) Exemption. (i) An individual who ‘‘a change in the corporation or of record will be mailed to that address, receives an initial allocation of catcher partnership’’ means the addition of any unless the applicant provides NMFS, in Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31275 writing, with any changes to that (1) A written hearing, as provided in (iii) Provide the appellant with 30 address. NMFS bears no responsibility if paragraph (m) of this section; or days to file a written response. The a notification is sent to the address of (2) An oral hearing, as provided in appellant may also provide record and is not received because the paragraph (n) of this section. documentary evidence to support his/ applicant’s actual address has changed (i) Authority of the appellate officer. her position. The period to file a written without notification to NMFS. The appellate officer is vested with response may be extended at the sole (f) Statement of reasons for appeals. general authority to conduct all hearings discretion of the appellate officer, if the Applicants must timely submit a full in an orderly manner, including the appellant shows good cause for the written statement in support of the authority to: extension. appeal, including a concise statement of (1) Administer oaths. (3) The appellate officer may, after the reasons the initial administrative (2) Call and question witnesses. reviewing the appellant’s written determination has a direct and adverse (3) Issue a written decision based on response and documentary evidence: effect on the applicant and should be the record. (i) Order that an oral hearing be held, (j) Evidence. All evidence that is reversed or modified. If the applicant as provided in paragraph (h)(2) of this relevant, material, reliable, and requests a hearing on any issue section, to resolve issues that cannot be probative may be included in the presented in the appeal, such request for resolved through the written hearing record. Formal rules of evidence do not hearing must be accompanied by a process; apply to hearings conducted under this concise written statement raising (ii) Request supplementary evidence section. from the appellant before closing the genuine and substantial issues of (k) Appellate officers’ decisions. The record; or adjudicative fact for resolution and a list appellate officer will close the record of available and specifically identified (iii) Close the record. and issue a decision after determining (4) The appellate officer will close the reliable evidence upon which the there is sufficient information to render record and issue a decision after factual issues can be resolved. The a decision on the record of the determining that the information on the appellate officer will limit his/her proceedings and that all procedural record is sufficient to render a decision. review to the issues stated in the appeal; requirements have been met. The all issues not set out in the appeal will (n) Oral hearing. (1) The appellate decision must be based solely on the officer may order an oral hearing under be waived. record of the proceedings. Except as paragraphs (h)(2) and (m)(3)(i) of this (g) Hearings. The appellate officer provided in paragraph (o) of this will review the applicant’s appeal and section if he/she: section, an appellate officer’s decision (i) Orders a hearing as provided in request for hearing, and has discretion takes effect 30 days after it is issued to proceed as follows: paragraph (g)(3) of this section; and and, upon taking effect, is the final (ii) Determines that the issues to be (1) Deny the appeal; agency action for purposes of judicial (2) Issue a decision on the merits of resolved at hearing can best be resolved review. the appeal, if the record contains through the oral hearing process. (l) Disqualification of an appellate (2) After ordering an oral hearing, the sufficient information on which to reach officer. (1) The appellate officer will appellate officer will: final judgment; or withdraw from an appeal at any time (3) Order that a hearing be conducted. (i) Provide the appellant with he/she deems himself/herself The appellate officer may so order only notification that an oral hearing has disqualified. been ordered. if the appeal demonstrates the (2) The appellate officer may (ii) Provide the appellant with a following: withdraw from an appeal on an statement of issues to be determined at (i) There is a genuine and substantial appellant’s motion if: issue of adjudicative fact for resolution (i) The motion is entered prior to the hearing. (iii) Provide the appellant with at a hearing. A hearing will not be appellate officer’s issuance of a notification, at least 30 days in advance, ordered on issues of policy or law. decision; and (ii) The factual issue can be resolved (ii) The appellant demonstrates that of the place, date, and time of the oral by available and specifically identified the appellate officer has a personal bias hearing. Oral hearings will be held in reliable evidence. A hearing will not be or any other basis for disqualification. Juneau, AK, at the prescribed date and ordered on the basis of mere allegations (3) If the appellate officer denies a time, unless the appellate officer or denials or general descriptions of motion to withdraw, he/she will so rule determines, based upon good cause positions and contentions. on the record. shown, that a different place, date, or (iii) The evidence described in the (m) Written hearing. (1) An appellate time will better serve the interests of request for hearing, if established at officer may order a written hearing justice. A continuance of the oral hearing, would be adequate to justify under paragraph (h)(1) of this section if hearing may be ordered at the sole resolution of the factual issue in the way he/she: discretion of the appellate officer if the sought by the applicant. A hearing will (i) Orders a hearing as provided in appellant shows good cause for the not be ordered if the evidence described paragraph (g)(3) of this section; and continuance. is insufficient to justify the factual (ii) Determines that the issues to be (3) The appellate officer may, either at determination sought, even if accurate. resolved at hearing can be resolved by his/her own discretion or on the motion (iv) Resolution of the factual issue in allowing the appellant to present of the appellant, order a pre-hearing the way sought by the applicant is written materials to support his/her conference, either in person or adequate to justify the action requested. position. telephonically, to consider: A hearing will not be ordered on factual (2) After ordering a written hearing, (i) The simplification of issues. issues that are not determinative with the appellate officer will: (ii) The possibility of obtaining respect to the action requested. (i) Provide the appellant with stipulations, admissions of facts, and (h) Types of hearings. If the appellate notification that a written hearing has agreements to the introduction of officer determines that a hearing should been ordered. documents. be held to resolve one or more genuine (ii) Provide the appellant with a (iii) The possibility of settlement or and substantial issues of adjudicative statement of issues to be determined at other means to facilitate resolution of fact, he/she may order: hearing. the case. 31276 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(iv) Such other matters as may aid in under the Magnuson Act or Halibut Act, (D) F is the fee percentage established the disposition of the proceedings. is subject to the civil and criminal pursuant to § 679.53 for the calendar (4) The appellate officer must provide penalty provisions and civil forfeiture year. the appellant with notification of a pre- provisions of the Magnuson Act or (E) $exvessel is the standard exvessel hearing conference, if one is ordered, at Halibut Act, to part 600 of this chapter, price established pursuant to § 679.53 least 30 days in advance of the to 15 CFR part 904 (Civil Procedures), for the calendar year. conference. All action taken at the pre- and to other applicable law. Penalties (iii) Crab calculation. The bimonthly hearing conference will be made part of include but are not limited to fee assessment is calculated by NMFS the record. permanent or temporary sanctions to QS for each processor retaining king or (5) At the beginning of the oral and associated IFQ. Tanner crab, as follows: 1 hearing, the appellate officer may first Ac = (C1 × $exvessel × ⁄2F) + (C2 × Subpart EÐObserver Requirements/ seek to obtain stipulations as to material $exvessel × F) North Pacific Fisheries Research Plan facts and the issues involved and may Where: state any other issues on which he/she § 679.50 Research Plan fee. (A) Ac is the bimonthly fee assessment may wish to have evidence presented. for crab. (a) Fee percentage. The fee percentage Issues to be resolved at the hearing will (B) C1 is the round weight or round- be limited to those identified by the will be set annually under procedures at weight equivalent of retained catch of appellate officer as provided in § 679.53, such that the total fees equal red king crab or brown king crab paragraph (g)(3) of this section. The the lesser of the following: harvested from ADF&G’s statistical area appellant will then be given an (1) The cost of implementing the R (Adak), defined at 5 AAC 34.700, opportunity to present his/her case. Research Plan, including nonpayments, brown king crab harvested from (6) During the oral hearing, the minus any other Federal funds that ADF&G’s statistical area O (Dutch appellant has the right to present support the Research Plan and any Harbor), defined at 5 AAC 34.600, reliable and material oral or existing surplus in the North Pacific Chionoecetes tanneri Tanner crab, C. documentary evidence and to conduct Fishery Observer Fund; or angulatus Tanner crab, and Lithodes such cross-examination as may be (2) Two percent of the exvessel value cousei king crab determined by the best required in the interests of justice. of all Research Plan fisheries. available information received by the (7) After the conclusion of the oral (b) Fee assessment—(1) Fee Regional Director since the last hearing, the appellant may be given assessments applicable from January 1, bimonthly billing period. time by the appellate officer to submit 1995, through August 31, 1995—(i) (C) C2 is, except for those species any supplementary information that General. NMFS will calculate bimonthly listed under paragraph (b)(1)(iii)(B) of may assist in the resolution of the case. fee assessments for each processor of this section, the round weight or round- (8) The appellate officer will close the Research Plan fisheries based on the weight equivalent of retained catch of record and issue a decision after best available information received by king or Tanner crab, determined by the determining that the information on the the Regional Director since the last best available information received by record is sufficient to render a decision. bimonthly billing period on the amount the Regional Director since the last (o) Review by the Regional Director. of fish retained by the processor from bimonthly billing period. An appellate officer’s decision is subject Research Plan fisheries. Fee assessments (D) $exvessel is the standard exvessel to review by the Regional Director, as will not be calculated for the retained price established pursuant to § 679.53 provided in this paragraph (o). amounts of whole fish processed into for the calendar year. (1) The Regional Director may affirm, meal product. (E) F is the fee percentage established reverse, modify, or remand the appellate (ii) Groundfish calculation. The pursuant to § 679.53 for the calendar officer’s decision before the 30-day bimonthly fee assessment is calculated year. effective date of the decision provided by NMFS for each shoreside processor (iv) Groundfish and halibut in paragraph (k) of this section. calculation. Except as provided in (2) The Regional Director may take or mothership retaining groundfish, as follows: paragraph (b)(1)(ii) of this section, the any of these actions on or after the 30- bimonthly fee assessment is calculated A = (G × $ × 1⁄2F) + (G × day effective date by issuing a stay of g 1 exvessel 2 by NMFS for each processor that retains $ × F) the decision before the 30-day effective exvessel groundfish or halibut, as follows: date. An action taken under paragraph Where: × × (o)(1) of this section takes effect Ah,g = (H $exvessel F) (A) Ag is the bimonthly fee Where: immediately. assessment for groundfish. (3) The Regional Director must (A) Ah,g is the bimonthly fee assessment (B) G is the round weight or round- provide a written explanation why an 1 for groundfish or halibut. weight equivalent of retained catch of appellate officer’s decision has been (B) H is the round weight or round- each groundfish species delivered by reversed, modified, or remanded. weight equivalent of retained catch of (4) The Regional Director must catcher vessels equal to and greater than groundfish or halibut determined by the promptly notify the appellant(s) of any 60 ft (18.3 m) LOA determined by the best available information received by action taken under this paragraph (o). best available information received by the Regional Director since the last (5) The Regional Director’s decision to the Regional Director since the last bimonthly billing period. affirm, reverse, or modify an appellate bimonthly billing period. (C) $exvessel is the standard exvessel officer’s decision is a final agency action (C) G2 is the round weight or round- price established pursuant to § 679.53 for purposes of judicial review. weight equivalent of retained catch of for the calendar year. each groundfish species delivered by (D) F is the fee percentage established § 679.44 Penalties. catcher vessels less than 60 ft (18.3 m) pursuant to § 679.53 for the calendar Any person committing, or a fishing LOA determined by the best available year. vessel used in the commission of, a information received by the Regional (2) Fee assessments applicable from violation of the Magnuson Act or Director since the last bimonthly billing September 1, 1995, through December Halibut Act, or any regulation issued period. 31, 1996. Processors of Research Plan Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31277 fisheries will not be assessed fees based contractors prior to April 1, 1996, will (2) Observer contractor requirements. on catch from Research Plan fisheries be credited against a processor’s billed (i) Observer contractors must submit to that is retained during the period fee assessment under this paragraph (d). the Regional Director a completed September 1, 1995, through December (ii) The amount that may be Observer Coverage Payment Receipt 31, 1996. subtracted from a catcher/processor’s Form for each payment received from a (3) Fee assessments applicable after billed fee assessment for retained catch processor for compliance with observer December 31, 1996. (i) The bimonthly of groundfish is limited to the actual coverage requirements at § 679.51 and a fee assessment is calculated by NMFS cost of observer coverage required under copy of the check, money order, or other for each processor of Research Plan § 679.51 up to an amount equal to the form of payment. Each completed form fisheries, as follows: fee assessment calculated under and the attached copy of the record of ARP = (R × $exvessel × F) paragraph (b)(1)(iv) of this section. payment must be submitted to NMFS Where: (iii) The amount that may be Alaska Fisheries Science Center in Seattle, WA, within 7 days after (A) ARP is the bimonthly fee subtracted from a shoreside processor’s assessment for Research Plan fisheries. or mothership processor vessel’s billed payment is received. (ii) Observer coverage payment (B) R is the round weight or round- fee assessment for retained catch of receipt form. Observer contractors may weight equivalent of retained catch for groundfish is limited to the actual cost obtain Observer Coverage Payment each species from Research Plan of observer coverage required under Receipt Forms from the Regional fisheries determined by the best § 679.51 up to an amount equal to the Director. The form requests the available information received by the sum of the fee assessment calculated following information: Regional Director since the last under paragraph (b)(1)(ii)(B) of this (A) Observer contractor name and bimonthly billing period. section plus one half the fee assessment signature of a person serving as a (C) $ is the standard exvessel calculated under paragraph (b)(1)(ii)(C) exvessel representative for the observer price established pursuant to § 679.53 of this section. contractor; for the calendar year. (iv) The amount that may be subtracted from a catcher/processor or (B) Identification of the processor (D) F is the fee percentage established vessel or shoreside processor that pursuant to § 679.53 for the calendar mothership processor vessel’s billed fee assessment for retained catch of king or received observer coverage; year. (C) Name of the observer(s) and Tanner crab is limited to the actual cost (ii) Fee assessments will not be date(s) of deployment for observer of observer coverage required under calculated for the retained amounts of coverage; whole fish processed into meal product. § 679.51 up to an amount equal to the (D) The name and mailing address of (c) Fee payments. (1) NMFS will bill sum of the fee assessment calculated the person who paid for observer each processor of Research Plan under paragraph (b)(1)(iii)(B) of this coverage; and fisheries for bimonthly fee assessments section plus one half the fee assessment (E) The total amount paid for observer calculated under paragraph (b) of this calculated under paragraph (b)(1)(iii)(C) coverage and the date payment for section. Each processor must collect and of this section. observer coverage was received; and pay the bimonthly fee assessments. (3) Credit applied by NMFS to (F) Copies of the check, money order, Bimonthly fee assessment payments bimonthly fee assessments. If a or other form of payment. must be in the form of certified check, processor’s cost for observer coverage (f) Disputed fee assessments. (1) A draft, or money order payable in U.S. required under § 679.51 during a processor must notify the Regional currency to ‘‘The Department of bimonthly period exceeds the calculated Director, in writing, within 30 days of Commerce/NOAA.’’ fee assessment for that period, the issuance of a bimonthly fee assessment (2) Except as provided in paragraphs Regional Director will credit the bill, if any portion of the bimonthly fee (d) and (f) of this section, payment in processor’s next bimonthly fee assessment bill is disputed. The full must be received by the financial assessment up to an amount equal to the processor must pay the undisputed institution authorized by the U.S. remaining observer coverage costs as amount of the bimonthly fee assessment Treasury to receive these funds within reported to the Regional Director under bill within 30 days of its issuance, and 30 calendar days from the date of paragraph (e) of this section, or the provide documentation supporting the issuance of each bimonthly fee bimonthly fee assessment, whichever is disputed portion claimed to be under- assessment bill. Payments will be less. or over-billed. deposited in the North Pacific Fishery (e) Recordkeeping and reporting—(1) (2) The Regional Director will review Observer Fund within the U.S. Processor requirements. (i) All the bimonthly fee assessment bill and Treasury. processors that subtract costs for the documentation provided by the (d) Credit for observer coverage costs observer coverage from their bimonthly processor, and will notify the processor incurred from January 1, 1995, through fee assessment under this paragraph (e) of his/her determination within 60 days August 31, 1995—(1) General. Subject to must submit to the Regional Director a of the date of issuance of the bimonthly the limitations set out in paragraph copy of each paid invoice for observer fee assessment bill. If the Regional (d)(2) of this section, each processor coverage and a copy of the check, Director determines a billing error has may subtract from its portion of the money order, or other form of payment occurred, the processor’s account will processor’s billed fee assessment the sent to the observer contractor in be rectified by credit or issuance of a cost of observer coverage paid by the payment for observer coverage listed on corrected fee assessment bill. If the processor to an observer contractor(s) the invoice. Regional Director determines that a for the processor’s compliance with (ii) The information required under billing error has not occurred, the observer coverage requirements at paragraph (e)(1)(i) of this section must outstanding payment on the bimonthly § 679.51. be sent at the time the processor submits fee assessment bill will be considered (2) Limitations. (i) Only those the payment of the bimonthly fee past-due from the date 30 days from the payments to observer contractors for assessment to the Department of date of issuance of the bill and late observer coverage required under Commerce/NOAA under paragraph (c) charges will be assessed under § 679.51 that are received by observer of this section. paragraph (g) of this section. 31278 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(3) If the processor does not dispute Research Plan billing records and will of interest earned by the Observer Fund the amount of the fee assessment bill constitute the principal portion of the is $200,000, then the processor’s interest within 30 days of its issuance, the fee refund. portion of the Research Plan refund is assessment will be final, and will be due (4) Calculation of the interest portion 0.4 percent×$200,000=$800. to the United States. of refund—(i) General. (A) The interest (5) Disinvestment of the Observer (g) Late charges. The NOAA Office of earned by the principal portion invested Fund. The interest portion of the refund the Comptroller shall assess late charges in the Observer Fund will be distributed cannot be calculated until Observer in the form of interest and among paying processors based on their Fund investments are withdrawn. administrative charges for late payment proportional contribution to the Withdrawal of investments will occur of fee assessments. Interest will accrue Observer Fund. Contributions are based just prior to the earliest possible on the unpaid amount at a percentage on two factors: The processor’s total issuance of refund checks in order to rate established by the Federal Reserve payment amount and the number of avoid unwarranted loss of interest. The Board and applied to funds held by the days the processor’s total payment actual amount of a processor’s interest U.S. Treasury for each 30-day period, or amount was on deposit. portion of the refund will be evident portion thereof, that the payment is (B) This method is necessary to upon receipt of the refund check. overdue. Payment received after 90 days ensure that the interest that is refunded (6) Notification to processors of from the due date will be charged an does not exceed the interest amount that refund amounts. (i) NMFS will notify additional late payment penalty charge was earned and is available in the each processor by certified mail of a of 6 percent of the balance due. Observer Fund. Due to the preliminary determination of the (h) Refund of the North Pacific administrative process used to invest principal portion of the refund amount. Fishery Observer Fund (Observer the funds, certain delays existed The sum of the payment amounts Fund)—(1) General. (i) All monies in the between the date a processor made received for each processor equals the Observer Fund will be refunded payment and the actual investment date. principal portion of the Research Plan according to the refund procedure set The date of payment is not the date the refund. out in paragraph (h)(2) of this section. deposits were invested. Therefore, using (ii) Final determination of a The sum of all amounts refunded cannot the date of payment to calculate interest processor’s principal portion is subject earned on an individual processor’s exceed the amount available in the to resolution of all disputes received payments will not accurately reflect the Observer Fund. under paragraph (h)(7) of this section. interest that was actually earned. (ii) The monies in the Observer Fund (iii) The notification letter to each include: Fee assessment payments as (C) NMFS has determined that the calculation specified in this paragraph processor will include the following specified in paragraph (c) of this itemized reference information: section, assessed late charges in the (h)(4) is a fair and equitable way to distribute the interest earned on (A) Payment amount received. form of interest and administrative (B) Payment receipt date at the First charges for late payment of fee Observer Fund investments among the processors that made Research Plan National Bank of Chicago. assessments as specified in paragraph (C) Check number. (g) of this section, and accrued interest. payments. The interest portion of the (D) Research Plan bill number to Until the time of refund, monies will refund will be calculated as follows. which the payment was applied. remain deposited in the Observer Fund (ii) Processor’s contribution. A (E) The fishery category to which the earning interest. processor’s total payment amount payment was applied. (iii) Without exception, full multiplied by the number of days the disbursement of the Observer Fund will processor’s total payment amount was (7) Dispute process. A processor that occur to refund Research Plan on deposit equals the processor’s disagrees with any determination of the processors. NMFS will not retain any contribution. The number of days is principal portion of the refund amount funds either to reimburse programs for based on the payment receipt date at the as described in paragraph (h)(3) of this costs incurred to implement the First National Bank of Chicago. For section must sign the certified Research Plan or to issue refunds. example, if a processor’s total payment notification letter and return it to NMFS (2) Identification of the Research Plan amount was $20,000 and this amount within 30 days of receipt of the certified refund recipient. was on deposit for 150 days, then the letter, accompanied by documentation (i) Except as indicated in paragraph processor’s contribution is supporting the disputed principal (h)(2)(ii) of this section, Research Plan $20,000×150=$3,000,000); portion of the refund amount. fees will be refunded to the person who (iii) Processor’s percent contribution (i) NMFS review. NMFS will review was billed and made payment to NMFS. to Observer Fund. A processor’s letters and documentation received The recipient of the refund and the contribution divided by the total under this paragraph (h)(7). refund amount will be based on Federal amount of all processor contributions (ii) NMFS determination. (A) If NMFS processor permit records and Research multiplied by 100 equals the processor’s determines an error exists in the Plan billing. percent contribution to the Observer calculation of the principal portion of (ii) Exceptions. (A) If a refund Fund. For example, if the total amount refund amounts, NMFS will correct recipient has died, the refund will be of all processor contributions is such calculations and notify the affected issued to the recipient’s estate; $750,000,000 ($5,000,000×150 days), processors of its determination; or (B) If a refund recipient is a then the processor’s percent (B) If NMFS determines no error corporation and has gone bankrupt, contribution is $3,000,000/ exists in the calculation of the principal successor-in-interest guidelines, as set $750,000,000×100=0.4 percent. portion of refund amounts, NMFS will forth in applicable state law, will be (iv) Processor’s interest portion of notify the affected processors of its followed. Research Plan refund. A processor’s determination. (3) Calculation of the principal percent contribution multiplied by the (8) Disbursement of refund checks. portion of refund. All payment amounts total amount of interest earned by the Once all disputes received under as assessed under paragraphs (c) and (g) Observer Fund equals the processor’s paragraph (h)(7) of this section have of this section, and paid by processors, interest portion of the Research Plan been resolved, NMFS will authorize and will be verified by NMFS in the refund. For example, if the total amount provide necessary documentation for Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31279 refund checks to be disbursed by the must carry a NMFS-certified observer retained catch composition of U.S. Treasury. during at least one fishing trip in the groundfish species or species groups for GOA Eastern Regulatory Area during which a TAC has been specified under § 679.51 General observer requirements each calendar quarter in which the § 679.20, in round weight or round- (applicable through December 31, 1996). vessel participates in a directed fishery weight equivalents, will determine to (a) Coverage requirements for for groundfish in the Eastern Regulatory which of the fishery categories listed operators of GOA and BSAI groundfish Area. under paragraph (b) of this section the vessels. Observer coverage is required as (iv) Equal to or greater than 60 ft (18.3 vessel is assigned. follows: m) LOA fishing with pot gear must carry (1) Catcher/processor. A catcher/ (1) Mothership. A mothership of any a NMFS-certified observer during at processor will be assigned to a fishery length that: least 30 percent of its fishing days in category based on retained groundfish (i) Processes 1,000 mt or more in each calendar quarter in which the catch composition reported on the round weight or round-weight vessel participates for more than 3 vessel’s WPR submitted to the Regional equivalents of groundfish during a fishing days in a directed fishery for Director under § 679.5. calendar month is required to have a groundfish. (2) Catcher vessel delivery in Federal NMFS-certified observer aboard the (v) Each vessel that participates for waters. A catcher vessel that delivers to vessel each day it receives or processes more than 3 fishing days in a directed motherships in Federal waters will be groundfish during that month. fishery for groundfish using pot gear assigned to a fishery category based on (ii) Processes from 500 mt to 1,000 mt must carry a NMFS-certified observer the retained groundfish catch in round weight or round-weight during at least one fishing trip during a composition reported on the WPR equivalents of groundfish during a calendar quarter for each of the submitted to the Regional Director for calendar month is required to have a groundfish fishery categories defined that week by the mothership under NMFS-certified observer aboard the under paragraph (b) of this section in § 679.5. vessel at least 30 percent of the days it which the vessel participates. (3) Catcher vessel delivery in Alaska receives or processes groundfish during (b) Groundfish fishery categories State waters. A catcher vessel that that month. requiring separate coverage. Directed delivers groundfish to a shoreside (iii) Each mothership that receives fishing for groundfish, during any processor or to a mothership in Alaska pollock harvested by catcher vessels in fishing trip, results: State waters will be assigned to a fishery the CVOA, defined in Figure 2 of this (1) Pollock fishery. In a retained catch category based on the retained part, during the second pollock season of pollock that is greater than the groundfish catch composition reported that starts on August 15 under § 679.23, retained catch of any other groundfish on one or more ADF&G fish tickets as is required to have a second NMFS- species or species group that is specified required under Alaska Statutes at A.S. certified observer aboard, in addition to as a separate groundfish fishery under 16.05.690. the observer required under paragraphs this paragraph (b). (d) Coverage requirements for (a)(1) (i) and (ii) of this section, for each (2) Pacific cod fishery. In a retained managers of BSAI and GOA groundfish day of the second pollock season until catch of Pacific cod that is greater than shoreside processors. Observer coverage the chum salmon savings area is closed the retained catch of any other is required as follows. A shoreside under § 679.21(e)(7)(vi), or October 15, groundfish species or species group that processor: 1996, whichever occurs first. is specified as a separate groundfish (1) That processes 1,000 mt or more (2) Catcher/processor or catcher fishery under this paragraph (b). in round weight or round-weight vessel. A catcher/processor or catcher (3) Sablefish fishery. In a retained equivalents of groundfish during a vessel: catch of sablefish that is greater than the calendar month is required to have a (i) Except for a vessel fishing for retained catch of any other groundfish NMFS-certified observer present at the groundfish with pot gear as provided in species or species group that is specified facility each day it receives or processes paragraphs (a)(2) (iv) and (v) of this as a separate groundfish fishery under groundfish during that month. section, 125 ft (38.1 m) LOA or longer this paragraph (b). (2) That processes 500 mt to 1,000 mt must carry a NMFS-certified observer (4) Rockfish fishery. In a retained in round weight or round-weight during 100 percent of its fishing days aggregate catch of rockfish of the genera equivalents of groundfish is required to while fishing for groundfish. Sebastes and Sebastolobus that is have a NMFS-certified observer present (ii) Equal to or greater than 60 ft (18.3 greater than the retained catch of any at the facility at least 30 percent of the m) LOA, but less than 125 ft (38.1 m) other groundfish species or species days it receives or processes groundfish LOA, must carry a NMFS-certified group that is specified as a separate during that month. observer during at least 30 percent of its groundfish fishery under this paragraph (3) That offloads pollock at more than fishing days in each calendar quarter in (b). one location on the same dock; has which the vessel participates for more (5) Flatfish fishery. In a retained distinct and separate equipment at each than 3 fishing days in a directed fishery aggregate catch of all flatfish species, location to process those pollock; and for groundfish. Each vessel that except halibut, that is greater than the that receives pollock harvested by participates for more than 3 fishing days retained catch of any other groundfish catcher vessels in the CVOA during the in a directed fishery for groundfish in a species or species group that is specified second pollock season that starts on calendar quarter must carry a NMFS- as a separate groundfish fishery under August 15, under § 679.23, is required to certified observer during at least one this paragraph (b). have a NMFS-certified observer, in fishing trip during that calendar quarter (6) Other species fishery. In a retained addition to the observer required under for each of the groundfish fishery catch of groundfish that does not qualify paragraphs (d) (1) and (2) of this section, categories defined under paragraph (b) as a pollock, Pacific cod, sablefish, at each location where pollock is of this section in which the vessel rockfish, or flatfish fishery as defined offloaded, for each day of the second participates. under paragraphs (b) (1) through (5) of pollock season until the chum salmon (iii) Fishing with hook-and-line gear this section. savings area is closed under that is required to carry an observer (c) Assignment of vessels to fisheries. § 679.21(e)(7)(vi), or October 15, 1996, under paragraph (a)(2)(ii) of this section At the end of any fishing trip, a vessel’s whichever occurs first. 31280 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(e) Coverage requirements for vessel increase or decrease the observer (iii) Transmission of data. Facilitate operators of BSAI king and Tanner crab. coverage requirements for the Research transmission of observer data by: An operator of a vessel that harvests or Plan fisheries at any time to improve the (A) Allowing observers to use the processes king or Tanner crab must have accuracy, reliability, and availability of vessel’s communication equipment and one or more State of Alaska-certified observer data, and to ensure solvency of personnel, on request, for the entry, observers aboard the vessel whenever the observer program, so long as the transmission, and receipt of work- king or Tanner crab are received, standards of section 313 of the related messages, at no cost to the processed, or on board the vessel in the Magnuson Act and other applicable observers, the State of Alaska, or the BSAI if the operator is required to do so Federal regulations are met, and the United States. by Alaska State regulations at 5 AAC changes are based on one or more of the (B) Ensuring that each mothership 34.035, 34.082, 35.082, or 39.645. following: that receives pollock harvested in the (i) A finding that there has been, or is CVOA, during the pollock non-roe § 679.52 Observer coverage requirements likely to be, a significant change in for Research Plan fisheries (applicable after season that starts on August 15, is December 31, 1996). fishing methods, times, or areas, or equipped with INMARSAT Standard A catch or bycatch composition for a satellite communication capabilities, (a) BSAI and GOA groundfish and specific fishery or fleet component. cc:Mail remote, and the data entry halibut from convention waters off (ii) A finding that such modifications software, provided by the Regional Alaska—(1) Operators of vessels. An are necessary to improve data Director, for use by the observer. The operator of a vessel that catches and availability or quality in order to meet operator of each mothership shall also retains groundfish or halibut, or a vessel specific fishery management objectives. make available for the observers’ use the that processes groundfish or halibut, (iii) A finding that any decrease in following equipment compatible must carry one or more NMFS-certified observer coverage resulting from therewith and having the ability to observers aboard the vessel whenever unanticipated funding shortfalls is operate the NMFS-supplied data entry fishing operations are conducted, if the consistent with the following priorities: software program: A personal computer operator is required to do so by the (A) Status of stock assessments. with a 486 or better processing chip and Regional Director under paragraph (c) of a DOS 3.0 or better operating system this section. (B) Inseason management. (2) Managers of shoreside processors. (C) Bycatch monitoring. with 10 megabytes free hard disk storage A manager of a shoreside processor that (D) Vessel incentive programs and and 8 megabytes RAM. processes groundfish or halibut received regulatory compliance. (C) Ensuring that the communication from vessels regulated under this part (E) A determination that any equipment that is on motherships as must have one or more NMFS-certified increased costs are commensurate with specified at paragraph (e)(1)(iii)(B) of observers present at the facility the quality and usefulness of the data to this section, and that is used by whenever groundfish or halibut are be derived from any revised program, observers to transmit data is fully received or processed, if the manager is and are necessary to meet fishery functional and operational. required to do so by the Regional management needs. (iv) Vessel position. Allow observers Director under paragraph (c) of this (2) The Regional Director will consult access to, and the use of, the vessel’s section. with the Commissioner of ADF&G prior navigation equipment and personnel, on (b) BSAI king and Tanner crab—(1) to making inseason changes in observer request, to determine the vessel’s Operators of vessels. An operator of a coverage level for the crab observer position. vessel subject to this part must carry one program. (v) Access. Allow observers free and or more NMFS-certified observers or (3) NMFS will publish changes in unobstructed access to the vessel’s ADF&G employees aboard the vessel observer coverage requirements made bridge, trawl or working decks, holding whenever fishing or processing under this paragraph (d) in the Federal bins, processing areas, freezer spaces, operations are conducted, if the operator Register, with the reasons for the weight scales, cargo holds, and any is required to do so by the Regional changes and any special instructions to other space that may be used to hold, Director under paragraph (c) of this vessels required to carry observers, at process, weigh, or store fish or fish section. least 10 calendar days prior to their products at any time. (2) Managers of shoreside processors. implementation. (vi) Prior notification. Notify A manager of a shoreside processor that (e) Responsibilities—(1) Vessel observers at least 15 minutes before fish processes king or Tanner crab received responsibilities. An operator of a vessel are brought on board, or fish and fish from vessels regulated under this part must: products are transferred from the vessel, must have one or more NMFS-certified (i) Accommodations and food. to allow sampling the catch or observing observers, or ADF&G employees, Provide, at no cost to observers, the the transfer, unless the observers present at the facility whenever king or State of Alaska, or the United States, specifically request not to be notified. Tanner crab is received or processed, if accommodations and food on the vessel (vii) Document access. Allow the manager is required to do so by the for the observer or observers that are observers to inspect and copy the Regional Director under paragraph (c) of equivalent to those provided for officers, vessel’s DFL, DCPL, product transfer this section. engineers, foremen, deck-bosses or other forms, any other logbook or document (c) Annual determination of coverage management level personnel of the required by regulations, printouts or level. The appropriate level of observer vessel. tallies of scale weights, scale calibration coverage necessary to achieve the (ii) Safe conditions. Maintain safe records, bin sensor readouts, and objectives of the Research Plan, given conditions on the vessel for the production records. the funds available from the North protection of observers during the time (viii) Assistance. Provide all other Pacific Fishery Observer Fund, will be observers are aboard the vessel, by reasonable assistance to enable established annually under procedures adhering to all USCG and other observers to carry out their duties, in § 679.53. applicable rules, regulations, or statutes including, but not limited to: (d) Inseason changes in coverage pertaining to safe operation of the (A) Measuring decks, codends, and level. (1) The Regional Director may vessel. holding bins. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31281

(B) Providing the observers with a safe available to the observer the following observer coverage requirements will not work area adjacent to the sample equipment or equipment compatible be guaranteed. collection site. therewith: A personal computer with a (3) Names of observer contractors, (C) Providing crab observers with the minimum of a 486 processing chip with information for contacting contractors, necessary equipment to conduct at least a 9600-baud modem and a and a list of embarkment/ sampling, such as scales, fish totes, and telephone line. The personal computer disembarkment ports for observers will baskets. must be equipped with a mouse, be published in the Federal Register (D) Collecting bycatch when Windows version 3.1, or a program annually, prior to the beginning of the requested by the observers. having the ability to operate the NMFS- calendar year, pursuant to § 679.53. (E) Collecting and carrying baskets of supplied data entry software program, (g) Release of observer data to the fish when requested by observers. 10 megabytes free hard disk storage, 8 public—(1) Summary of weekly data. (F) Allowing observers to determine megabytes RAM, and with data entry The following information collected by the sex of fish when this procedure will software provided by the Regional observers for each catcher processor and not decrease the value of a significant Director for use by the observers. catcher vessel during any weekly portion of the catch. (iii) Ensuring that the communication reporting period may be made available (ix) Embarking or debarking observer. equipment that is in the shoreside to the public: Move the vessel to such places and at processor as specified in paragraph (i) Vessel name and Federal permit such times as may be designated by the (e)(3)(ii) of this section and that is used number. contractor, as instructed by the Regional by observers to transmit data is fully (ii) Number of chinook salmon and Director, for purposes of embarking and functional and operational. ‘‘other salmon’’ observed. debarking observers. (4) Access. Allow observers free and (iii) The ratio of total round weight of (x) Transfer at sea. (A) Ensure that unobstructed access to the shoreside halibut or Pacific herring to the total transfers of observers at sea via small processor’s holding bins, processing round weight of groundfish in sampled boat or raft are carried out during areas, freezer spaces, weight scales, catch. daylight hours, under safe conditions, warehouses, and any other space that (iv) The ratio of number of king crab and with the agreement of observers may be used to hold, process, weigh, or or C. bairdi Tanner crab to the total involved. store fish or fish products at any time. round weight of groundfish in sampled (B) Notify observers at least 3 hours (5) Document access. Allow observers hauls. before observers are transferred, such to inspect and copy the shoreside (v) The number of observed trawl that the observers can collect personal processor’s DCPL, product transfer hauls or fixed gear sets. belongings, equipment, and scientific forms, any other logbook or document (vi) The number of trawl hauls that samples. required by regulations; printouts or were basket sampled. (C) Provide a safe pilot ladder and tallies of scale weights; scale calibration (vii) The total weight of basket conduct the transfer to ensure the safety records; bin sensor readouts; and samples taken from sampled trawl of observers during transfers. production records. hauls. (D) Provide an experienced crew (6) Assistance. Provide all other (2) Haul-specific data. (i) The member to assist observers in the small reasonable assistance to enable the information listed in paragraphs boat or raft in which any transfer is observer to carry out his or her duties, (g)(2)(i)(A) through (M) of this section made. including, but not limited to: and collected by observers from (2) Shoreside processor (i) Assisting the observer in moving observed hauls on board vessels using responsibilities. A manager of a and weighing totes of fish. trawl gear to participate in a directed shoreside processor must: (ii) Cooperating with product recovery fishery for groundfish other than (i) Safe conditions. Maintain safe tests. rockfish, Greenland turbot, or Atka conditions at the shoreside processor for (iii) Providing a secure place to store mackerel may be made available to the the protection of observers by adhering baskets of sampling gear. public: to all applicable rules, regulations, or (f) Notification of observer contractors (A) Date. statutes pertaining to safe operation and by processors and operators of vessels (B) Time of day gear is deployed. maintenance of the processing facility. required to carry observers. (1) (C) Latitude and longitude at (ii) Operations information. Notify Processors and operators of vessels beginning of haul. observers, as requested, of the planned required to carry observers under the (D) Bottom depth. facility operations and expected receipt Research Plan are responsible for (E) Fishing depth of trawl. of groundfish, crab, or halibut prior to meeting their observer coverage (F) The ratio of the number of chinook receipt of those fish. requirements. Processors and vessel salmon to the total round weight of (3) Transmission of data. Facilitate operators must notify the appropriate groundfish. transmission of observer data by: observer contractor, as identified by (G) The ratio of the number of other (i) Allowing observers to use the NMFS, in writing or fax, at least 60 days salmon to the total round weight of shoreside processor’s communication prior to the need for an observer, to groundfish. equipment and personnel, on request, ensure that an observer will be (H) The ratio of total round weight of for the entry, transmission, and receipt available. Processors and vessel halibut to the total round weight of of work-related messages, at no cost to operators must notify the appropriate groundfish. the observers, the State of Alaska, or the observer contractor again, in writing, (I) The ratio of total round weight of United States; fax, or by telephone, at least 10 days herring to the total round weight of (ii) Ensuring that each shoreside prior to the need for an observer, to groundfish. processor that is required to have 100- make final arrangements for observer (J) The ratio of the number of king percent observer coverage under deployment. crab to the total round weight of § 679.51 and that receives pollock (2) If observer contractors are not groundfish. harvested in the CVOA, during the notified within the time periods set out (K) The ratio of the number of C. second pollock season that starts on at paragraph (f)(1) of this section, the bairdi Tanner crab to the total round August 15, under § 679.23, makes availability of an observer to meet weight of groundfish. 31282 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(L) Sea surface temperature (where processing sector for the most recent 12- (5) Embarkment/disembarkment available). month period for which data are ports. Ports to be used to embark and (M) Sea temperature at fishing depth available. disembark observers will be selected on of trawl (where available). (ii) Factors that are expected to the basis of convenience to the affected (ii) The identity of the vessels from change exvessel prices in the calendar industry and on the availability of which the data in paragraph (g)(2)(i) of year. facilities, transportation, and this section are collected will not be (iii) Any other relevant information accommodations deemed by the released. that may affect expected exvessel prices Regional Director to be necessary for the (3) Disclosure. In exceptional during the calendar year. safe and reasonable deployment of circumstances, the owners and (2) Total exvessel value. The total observers. exvessel value of Research Plan fisheries operators of vessels may provide to the (b) Final Research Plan specifications. will be calculated as the sum of the Regional Director written justification at NMFS will consider comments received product of the standard exvessel prices the time observer data are submitted, or on the proposed specifications and, established under paragraph (a)(1) of within a reasonable time thereafter, that following consultation with the Council, this section and projected retained disclosure of the information listed in and with the State of Alaska, in the case catches, by species. The value of whole paragraphs (g)(1) and (2) of this section of observer coverage in the crab fish processed into meal product will could reasonably be expected to cause fisheries, will publish the final total substantial competitive harm. The not be included in this calculation. (3) Research Plan fee percentage. The exvessel value; standard exvessel prices; determination whether to disclose the fee percentage; levels of observer information will be made pursuant to 15 Research Plan fee percentage for a calendar year will equal the lesser of 2 coverage for Research Plan fisheries, CFR 4.7. including names of observer contractors (h) Vessel safety requirements. Any percent of the exvessel value of retained catch in the Research Plan fisheries or and information for contacting them; vessel that is required to carry observers and embarkment/disembarkment ports under paragraph (a)(1) or (b)(1) of this the fee percentage calculated using the following equation: in the Federal Register annually, prior section or § 679.51(a) or (e) must have to the beginning of the calendar year. on board one of the following: Fee percentage=[100×(RRPC–FB–OF)/ (1) A valid Commercial Fishing Vessel V]/(1–NPR) § 679.54 Compliance. Safety Decal issued within the past 2 Where: The operator of any fishing vessel years that certifies compliance with (i) RRPC is the projection of subject to this subpart, and the manager regulations found in 33 CFR Chapter I recoverable Research Plan costs for the of any shoreside processor that receives and 46 CFR Chapter III. coming year. groundfish, halibut, or king and Tanner (2) A certificate of compliance issued (ii) FB is the projected end of the year crab from vessels subject to this subpart, pursuant to 46 CFR 28.710. balance of funds collected under the must comply with the requirements of (3) A valid certificate of inspection Research Plan. this subpart. The owner of any fishing pursuant to 46 U.S.C. 3311. NMFS will (iii) OF is the projection of other vessel subject to this subpart, or any not station observers aboard vessels that funding for the coming year. shoreside processor that received do not meet this requirement. (iv) V is the projected exvessel value of retained catch in the Research Plan groundfish, halibut, or king and Tanner § 679.53 Annual Research Plan fisheries for the coming year. crab from vessels subject to this subpart, specifications. (v) NPR is the percent (expressed as must ensure that the operator or (a) Proposed Research Plan a decimal) of fee assessments that are manager complies with the specifications. Annually, after expected to result in nonpayment. requirements of this subpart and is consultation with the Council, and, in (4) Observer coverage. For the period liable, either individually or jointly and the case of observer coverage levels in January 1, 1996, through December 31, severally, for compliance with the the crab fisheries, the State of Alaska, 1996, observer coverage levels in requirements of this subpart. NMFS will publish for public comment Research Plan fisheries will be as Subpart FÐScallop Fishery off Alaska in the Federal Register: required by § 679.51. After December (1) Standard exvessel prices. Standard 31, 1996, the level of observer coverage § 679.60 Prohibitions. exvessel prices will be used in will be determined annually by NMFS, determining the annual fee percentage after consultation with the Council and In addition to the general prohibitions for the calendar year and will be the the State of Alaska, and may vary by specififed in § 600.725 of this chapter, it basis for calculating fee assessments. fishery and vessel or processor size, is unlawful for any person to retain any Standard exvessel prices for species depending upon the objectives to be met scallops in the EEZ seaward of Alaska harvested in Research Plan fisheries for for the groundfish, halibut, and king and during the period that extends through each calendar year will be based on: Tanner crab fisheries. The Regional the earlier of August 28, 1996, or other (i) Exvessel price information by Director may change observer coverage superseding management measures. applicable season, area, gear, and inseason pursuant to § 679.52(d). BILLING CODE 3510±22±W Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31283

Figure 1 to Part 679.—BSAI Statistical and Reporting Areas a. Map

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Figure 1 to Part 679—BSAI Statistical and Reporting Areas b. Coordinates of Reporting Areas

Code Description

300 ...... Russian waters. Those waters inside the Russian 200 mile limit as described in the current editions of NOAA chart INT 813 Bering Sea (Southern Part) and NOAA chart INT 814 Bering Sea (Northern Part). 400 ...... Chukchi Sea. North of a diagonal line between 66°00′ N, 169°42.5′ W (Cape Dezhneva, Russia); and 65°37.5′ N, 168°7.5′ W (Cape Prince of Wales, Alaska) and to the limits of the U.S. EEZ as described in the current edition of NOAA chart INT 814 Bering Sea (Northern Part). 508 ...... South of 58°00′ N between the intersection of 58°00′ N lat with the Alaska Peninsula and 160°00′ W long. 509 ...... South of 58°00′ N lat between 163°00′ W long and 165°00′ W long. 512 ...... South of 58°00′ N lat, north of the Alaska Peninsula between 160°00′ W long and 162°00′ W long. 513 ...... Between 58°00′ N lat and 56°30′ N lat, and between 165°00′ W long and 170°00′ W long. 514 ...... North of 58°00′ N to the southern boundary of the Chukchi Sea, area 400, and east of 170°00′ W long. 516 ...... South of 58°00′ N lat, north of the Alaska Peninsula, and between 162°00′ and 163°00′ W long. 517 ...... South of 56°30′ N lat, between 165°00′ W long and 170°00′ W long; and north of straight lines between 54°30′ N lat, 165°00′ W long, 54°30′ N lat, 167°00′ W long, and 55°46′ N lat, 170°00′ W long. 518 ...... Bogoslof District: South of a straight line between 55°46′ N lat, 170°00′ W long and 54°30′ N lat, 167°00′ W long, and between 167°00′ W long and 170°00′ W long, and north of the Aleutian Islands and straight lines between the islands connecting the fol- lowing coordinates in the order listed: 52°49.2′ N, 169°40.4′ W, 52°49.8′ N, 169°06.3′ W, 53°23.8′ N, 167°50.1′ W, 53°18.7′ N, 167°51.4′ W. 519 ...... South of a straight line between 54°30′ N lat, 167°00′ W long and 54°30′ N lat, 164°54′ W long; east of 167°00′ W long; west of Unimak Island; and north of the Aleutian Islands and straight lines between the islands connecting the following coordinates in the order listed: 53°59.0′ N, 166°17.2′ W, 54°02.9′ N, 166°03.0′ W, 54°07.7′ N, 165°40.6′ W, 54°08.9′ N, 165°38.8′ W, 54°11.9′ N, 165°23.3′ W, 54°23.9′ N, 164°44.0′ W. 521 ...... The area bounded by straight lines connecting the following coordinates in the order listed: 55°46′ N, 170°00′ W, 59°25′ N, 179°20′ W, 60°00′ N, 179°20′ W, 60°00′ N, 171°00′ W, 58°00′ N, 171°00′ W, 58°00′ N, 170°00′ W, 55°46′ N, 170°00′ W. 523 ...... The area bounded by straight lines connecting the following coordinates in the order listed: 59°25′ N, 179°20′ W; 55°46′ N, 170°00′ W; 55°00′ N, 170°00′ W; 55°00′ N, 180°00′ W; and north to the limits of the US EEZ as described in the current edition of NOAA chart INT 813 Bering Sea (Southern Part). 524 ...... The area west of 170°00′ W bounded south by straight lines connecting the following coordinates in the order listed: 58°00′ N, 170°00′ W 58°00′ N, 171°00′ W; 60°00′ N, 171°00′ W; 60°00′ N, 179°20′ W; 59°25′ N, 179°20′ W and to the limits of the US EEZ as described in the current edition of NOAA chart INT 813 Bering Sea (Southern Part). 530 ...... The area north of 55°00′ N lat and west of 180°00′ W long to the limits of the US EEZ as described in the current edition of NOAA chart INT 813 Bering Sea (Southern Part). 541 ...... Eastern Aleutian District. The area south of 55°00′ N lat, west of 170°00′ W long, and east of 177°00′ W long and bounded on the south by the limits of the US EEZ as described in the current editions of NOAA chart INT 813 Bering Sea (Southern Part) and NOAA chart 530 (San Diego to Aleutian Islands and Hawaiian Islands). 542 ...... Central Aleutian District. The area south of 55°00′ N lat, west of 177°00′ W long, and east of 177°00′ E long and bounded on the south by the limits of the US EEZ as described in the current editions of NOAA chart INT 813 Bering Sea (Southern Part) and NOAA chart 530 (San Diego to Aleutian Islands and Hawaiian Islands). 543 ...... Western Aleutian District. The area south of 55°00′ N lat and west of 177°00′ E long, and bounded on the south and west by the limits of the US EEZ as described in the current editions of NOAA chart INT 813 Bering Sea (Southern Part) and NOAA chart 530 (San Diego to Aleutian Islands and Hawaiian Islands). 550 ...... Donut Hole. International waters of the Bering Sea outside the limits of the EEZ and Russian economic zone as depicted on the cur- rent edition of NOAA chart INT 813 Bering Sea (Southern Part). Statistical Area. A statistical area is the part of a reporting area contained in the EEZ.

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Figure 2 to Part 679—BSAI Catcher Vessel Operational Area 31286 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

Figure 3 to Part 679—Gulf of Alaska Statistical and Reporting Areas a. Map

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Figure 3b to Part 679—Gulf of Alaska Statistical and Reporting Areas b. Coordinates of Reporting Areas

Code Description

610 ...... Western Regulatory Area, Shumagin District. Along the south side of the Aleutian Islands and straight lines between the islands and the Alaska Peninsula connecting the following coordinates in the order listed: 52° 49.2′ N, 169° 40.4′ W; 52° 49.8′ N, 169° 06.3′ W; 53° 23.8′ N, 167° 50.1′ W; 53° 18.7′ N, 167° 51.4′ W; 53° 59.0′ N, 166° 17.2′ W; 54° 02.9′ N, 166° 03.0′ W; 54° 07.7′ N, 165° 40.6′ W; 54° 0.89′ N, 165° 38.8′ W; 54° 11.9′ N, 165° 23.3′ W; 54° 23.9′ N, 164° 44.0′ W; and southward to the limits of the US EEZ as described in the current editions of NOAA chart INT 813 (Bering Sea, Southern Part) and NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass), between 170° 00′ W long and 159° 00′ W long. 620 ...... Central Regulatory Area, Chirikof District. Along the south side of the Alaska Peninsula, between 159° 00′ W long and 154° 00′ W long, and southward to the limits of the US EEZ as described in the current edition of NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass). 630 ...... Central Regulatory Area, Kodiak District. Along the south side of continental Alaska, between 154° 00′ W long and 147° 00′ W long, and southward to the limits of the US EEZ as described in the current edition of NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass). Excluding area 649. 640 ...... Eastern Regulatory Area, West Yakutat District. Along the south side of continental Alaska, between 147° 00′ W long and 140° 00′ W long, and southward to the limits of the US EEZ, as described in the current edition of NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass). Excluding area 649. 649 ...... Prince William Sound. Includes those waters of the State of Alaska inside the base line as specified in Alaska State regulations at 5 AAC 28.200. 650 ...... Eastern Regulatory Area, Southeast Outside District. East of 140° 00′ W long and southward to the limits of the US EEZ as de- scribed in the current edition of NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass). Excluding area 659. 659 ...... Southeast Inside District. As specified in Alaska State regulations at 5 AAC 28.105(a)(1) and (2). 690 ...... Gulf of Alaska outside the U.S. EEZ as described in the current editions of NOAA chart INT 813 (Bering Sea, Southern Part) and NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass). Statistical Area. A statistical area is the part of a reporting area contained in the EEZ.

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Figure 4 to Part 679—Herring Savings Areas in the BSAI a. Map

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Figure 4 to Part 679—Herring Savings Areas in the BSAI b. Coordinates

Name Description and effective date

Summer Herring Savings Area 1 ...... That part of the Bering Sea subarea that is south of 57° N. lat and between 162° and 164° W. long from 1200 hours, A.l.t., June 15 through 1200 hours, A.l.t. July 1 of a fishing year. Summer Herring Savings Area 2 ...... That part of the Bering Sea subarea that is south of 56° 30′ N. lat and between 164° and 167° W. long from 1200 hours, A.l.t., July 1 through 1200 hours, A.l.t. August 15 of a fishing year. Winter Herring Savings Area ...... That part of the Bering Sea subarea that is between 58° and 60° N. lat and between 172° and 175° W. long from 1200 hours, A.l.t. September 1 of the current fishing year through 1200 hours, A.l.t. March 1 of the succeeding fishing year.

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Figure 5a to part 679—Kodiak Island Areas Closed to Nonpelagic Trawl Gear a. Map

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Figure 5 to Part 679—Kodiak Island Areas Closed to Nonpelagic Trawl Gear b. Coordinates

Name and description of reference area North latitude/West longitude Reference point

Alitak Flats and Towers AreasÐAll waters of Alitak flats and the Towers Areas enclosed by a line connecting the following 7 points in the order listed: a ...... 56°59′4′′ 154°31′1′′ Low Cape. b ...... 57°00′0′′ 155°00′0′′ c ...... 56°17′0′′ 155°00′0′ d ...... 56°17′0′′ 153°52′0′′ e ...... 56°33′5′′ 153°52′0′′ Cape Sitkinak. f ...... 56°54′5′′ 153°32′5′′ East point of Twoheaded Island. g ...... 56°56′0′′ 153°35′5′′ Kodiak Island, thence, along the coastline. a ...... 56°59′4′′ 154°31′1′′ Low Cape. Marmot Flats AreaÐAll waters enclosed by a line connecting the following five points in the clockwise order listed: a ...... 58°00′0′′ 152°30′0′′ b ...... 58°00′0′′ 151°47′0′′ c ...... 57°37′0′′ 151°47′0′′ d ...... 57°37′0′′ 152°10′1′′ Cape Chiniak, then along the coastline of Ko- diak Island to North Cape. e ...... 57°54′5′′ 152°30′0′′ a ...... 58°00′0′′ 152°30′0′′ Chirikof Island AreaÐAll waters surrounding Chirikof Island enclosed by a line connecting the following four points in the counter-clockwise order listed: a ...... 56°07′0′′ 155°13′0′′ b ...... 56°07′0′′ 156°00′0′′ c ...... 55°41′0′′ 156°00′0′′ d ...... 55°41′0′′ 155°13′0′′ a ...... 56°07′0′′ 155°13′0′′ Barnabas AreaÐAll waters enclosed by a line connecting the following six points in the counter clockwise order listed a57° 00′ 0′′ 153° 18′ 0′′ Black Point b ...... 56°56′0′′ 153°09′0′′ c ...... 57°22′0′′ 152°18′5′′ South Tip of Ugak Island. d ...... 57°23′5′′ 152°17′5′′ North Tip of Ugak Island. e ...... 57°25′3′′ 152°20′0′′ Narrow Cape, thence, along the coastline of Kodiak Island. f ...... 57°04′2′′ 153°30′0′′ Cape Kasick to Black Point, including inshore waters. a ...... 57°00′0′′ 153°18′0′′

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Figure 6 to Part 679—Length Overall of a Vessel Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31293

Figure 7 to Part 679—Location of trawl gear test areas in the GOA and the BSAI

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TABLE 1 TO PART 679ÐPRODUCT CODES

Fish prod- uct code Description

1 ...... Whole fish/food fish. 2 ...... Whole fish/bait. Processed for bait. 3 ...... Bled only. Throat, or isthmus, slit to allow blood to drain. 4 ...... Gutted only. Belly slit and viscera removed. 6 ...... Head and gutted, with roe. 7 ...... Headed and gutted, Western cut. Head removed just in front of the collarbone, and viscera removed. 8 ...... Headed and gutted, Eastern cut. Head removed just behind the collarbone, and viscera removed. 10 ...... Headed and gutted, tail removed. Head removed usually in front of collar bone, and viscera and tail removed. 11 ...... Kirimi. Head removed either in front or behind the collarbone, viscera removed, and tail removed by cuts perpendicular to the spine, resulting in a steak. 12 ...... Salted and split. Head removed, belly slit, viscera removed, fillets cut from head to tail but remaining attached near tail. Product salt- ed. 13 ...... Wings. On skates, side finds are cut off next to body. 14 ...... Roe. Eggs, either loose or in sacs, or skeins. 15 ...... Pectoral girdle. Collar bone and associated bones, cartilage and flesh. 16 ...... Heads. Heads only, regardless where severed from body. 17 ...... Cheeks. Muscles on sides of head. 18 ...... Chins. Lower jaw (mandible), muscles, and flesh. 19 ...... Belly. Flesh in region of pelvic and pectoral fins and behind head. 20 ...... Fillets with skin and ribs. Meat and skin with ribs attached, from sides of body behind head and in front of tail. 21 ...... Fillets with skin, no ribs. Meat and skin with ribs removed, from sides of body behind head and in front of tail. 22 ...... Fillets with ribs and no skin. Meat with ribs with skin removed, from sides of body behind head and in front of tail. 23 ...... Fillets, skinless/boneless. Meat with both skin and ribs removed, from sides of body behind head and in front of tail. 24 ...... Deep-skin fillet. Meat with skin, adjacent meat with silver lining, and ribs removed from sides of body behind head and in front of tail, resulting in thin fillets. 30 ...... Surimi. Paste from fish flesh and additives. 31 ...... Minced. Ground flesh. 32 ...... Fish meal. Meal from fish and fish parts, including bone meal. 33 ...... Fish oil. Rendered oil. 34 ...... Milt. (in sacs, or testes). 35 ...... Stomachs. Includes all internal organs. 36 ...... Octopus/squid mantles. Flesh after removal of viscera and arms. 37 ...... Butterfly, no backbone. Head removed, belly slit, viscera and most of backbone removed; fillets attached. 39 ...... Bones (if meal, report as 32). 86 ...... Donated Salmon. Includes salmon retained and donated under Salmon Donation Program. 97 ...... Other retained product

DISCARD PRODUCT CODES

92 ...... Discard, bait. Whole fish used as bait on board vessel. 94 ...... Discard, consumption. Fish or fish products eaten on board or taken off the vessel for personal use. 96 ...... Previously discarded fish (decomposed) taken with trawl gear in current fishing efforts. Discarded. 98 ...... Discard, at sea. Whole groundfish and prohibited species discarded by catcher vessels, Catcher/Processors, Motherships, or Buying Stations delivering to Motherships. 99 ...... Discard, dockside. Discard after delivery and before processing; Discard, at plant. Inplant discard of whole groundfish and prohibited species by Shoreside Processors and Buying Stations delivering to Shoreside Processors before and during processing. M99 ...... Discard, off site meal reduction plant. Discarded fish that are transferred to any off site facility for reduction to fish meal, fish oil and/ or discard at sea.

PRODUCT DESIGNATION

A ...... Ancillary. Product made in addition to a primary product from the same fish. P ...... Primary. Product made from each fish with the highest recovery rate. R ...... Reprocessed. Product that results from processing a previously reported product. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31295

TABLE 2 TO PART 679ÐSPECIES CODES

Code Species

110 ...... Pacific cod. 120 ...... Miscellaneous flatfish (all flatfish without separate codes). 121 ...... Arrowtooth flounder and/or Kamchatka flounder. 122 ...... Flathead sole. 123 ...... Rock sole. 124 ...... Dover sole. 125 ...... Rex sole. 126 ...... Butter sole. 127 ...... Yellowfin sole. 128 ...... English sole. 129 ...... Starry flounder. 131 ...... Petrale sole. 132 ...... Sand sole. 133 ...... Alaska Plaice flounder. 134 ...... Greenland turbot. 135 ...... Greenstripe rockfish. 136 ...... Northern rockfish. 137 ...... Bocaccio rockfish. 138 ...... Copper rockfish. 141 ...... Pacific ocean perch (S. alutus only). 142 ...... Black rockfish. 143 ...... Thornyhead rockfish (all Sebastolobus species). 145 ...... Yelloweye rockfish. 146 ...... Canary rockfish. 147 ...... Quillback rockfish. 148 ...... Tiger rockfish. 149 ...... China rockfish. 150 ...... Rosethorn rockfish. 151 ...... Rougheye rockfish. 152 ...... Shortraker rockfish. 153 ...... Redbanded rockfish. 154 ...... Dusky rockfish. 155 ...... Yellowtail rockfish. 156 ...... Widow rockfish. 157 ...... Silvergray rockfish. 158 ...... Redstripe rockfish. 159 ...... Darkblotched rockfish. 160 ...... Sculpins. 166 ...... Sharpchin rockfish. 167 ...... Blue rockfish. 175 ...... Yellowmouth rockfish. 176 ...... Harlequin rockfish. 177 ...... Blackgill rockfish. 178 ...... Chilipepper rockfish. 179 ...... Pygmy rockfish. 181 ...... Shortbelly rockfish. 182 ...... Splitnose rockfish. 183 ...... Stripetail rockfish. 184 ...... Vermilion rockfish. 185 ...... Aurora rockfish. 193 ...... Atka mackerel. 270 ...... Pollock. 510 ...... Smelt. 511 ...... Eulachon. 516 ...... Capelin. 689 ...... Sharks. 700 ...... Skates. 710 ...... Sablefish. 870 ...... Octopus. 875 ...... Squid. 888 ...... Mixed species tote (for use on Product Transfer Report only). 31296 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

TABLE 2 TO PART 679ÐSPECIES CODESÐContinued

Code Species

GROUP CODES. These group codes may be used if individual species cannot be identified.

144 ...... Slope rockfish (aurora, blackgill, Bocaccio, redstripe, silvergray, chilipepper, darkblotched, greenstriped, harlequin, pygmy, shortbelly, splitnose, stripetail, vermillion, yellowmouth, sharpchin). 168 ...... Demersal shelf rockfish (china, copper, quillback, rosethorn, tiger, yelloweye, canary). 169 ...... Pelagic shelf rockfish (blue, dusky, yellowtail, widow). 171 ...... Shortraker/rougheye rockfish.

PROHIBITED SPECIES CODES

000 ...... Unspecified salmon. 200 ...... Pacific halibut. 235 ...... Pacific herring. 410 ...... Salmon, Chinook. 420 ...... Salmon, Sockeye. 430 ...... Salmon, Coho. 440 ...... Salmon, Pink. 450 ...... Salmon, Chum. 540 ...... Steelhead trout. 920 ...... Unspecified king crab. 921 ...... Red king crab. 922 ...... Blue king crab. 923 ...... Gold/brown king crab. 930 ...... Unspecified tanner crab. 931 ...... Bairdi tanner crab. 932 ...... Opilio tanner crab. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31297

TABLE 3 TO PART 679ÐPRODUCT RECOVERY RATES FOR GROUNDFISH SPECIES

PRODUCT CODE SPE- H&G H&G FMP SPECIES CIES WHOLE WHOLE GUT- H&G WEST- EAST- H&G SALT- CODE FOOD BAIT BLED TED WITH ERN ERN W/O KIRIMI ED & WINGS ROE FISH FISH ROE CUT CUT TAIL SPLIT

1 2 3 4 6 7 8 10 11 12 13 14

PACIFIC COD 110 1.00 1.00 0.98 0.85 0.63 0.57 0.47 0.44 ...... 0.45 ...... 0.05 ARROWTOOTH FLOUNDER 121 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ...... 0.08 ROCKFISH 1 ...... 1.00 1.00 0.98 0.88 ...... 0.60 0.50 ...... SCULPINS ...... 160 1.00 1.00 0.98 0.87 ...... 0.50 0.40 ...... ATKA MACK- EREL ...... 193 1.00 1.00 0.98 0.87 0.67 0.64 0.61 ...... POLLOCK ...... 270 1.00 1.00 0.98 0.80 0.70 0.65 0.56 0.50 ...... 0.04 SMELTS ...... 510 1.00 1.00 0.98 0.82 ...... 0.71 ...... EULACHON ..... 511 1.00 1.00 0.98 0.82 ...... 0.71 ...... CAPELIN ...... 516 1.00 1.00 0.98 0.89 ...... 0.78 ...... SHARKS ...... 689 1.00 1.00 0.98 0.83 ...... 0.72 ...... SKATES ...... 700 1.00 1.00 0.98 0.90 ...... 0.32 ...... 0.32 ...... SABLEFISH ..... 710 1.00 1.00 0.98 0.89 ...... 0.68 0.63 0.50 ...... OCTOPUS ...... 870 1.00 1.00 0.98 0.69 ...... Target species categories GOA only: DEEP WATER FLAT- FISH ...... 118 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ...... 0.08 FLATHEAD SOLE ..... 122 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ...... 0.08 REX SOLE 125 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ...... 0.08 SHALLOW WATER FLAT- FISH ...... 119 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ...... 0.08 THORNYH- EAD ROCK- FISH ...... 143 1.00 1.00 0.98 0.88 0.55 0.60 0.50 ...... Target species categories BSAI only: OTHER FLAT- FISH ...... 120 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ...... 0.08 ROCK SOLE ..... 123 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ...... 0.08 YELLOW- FIN SOLE ..... 127 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ...... 0.08 GREEN- LAND TURBOT 134 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ...... 0.08 SQUID ...... 875 1.00 1.00 0.98 0.69 ...... 1 Rockfish means all species of Sebastes and Sebastolobus. 31298 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 0.17 0.17 0.17 0.17 0.17 0.22 0.22 0.22 0.17 0.17 0.17 0.17 0.17 0.17 0.17 0.17 0.17 0.22 0.17 0.17 0.17 0.17 0.17 32 MEAL 0.5 0.22 31 MINCE ...... 0.15 0.16 0.15 0.18 0.17 30 2 3 SURIMI 0.16 24 FIL- SKIN LETS DEEP ...... 0.21 0.22 0.22 0.22 0.25 0.22 0.22 0.22 0.25 0.25 0.22 0.25 0.22 0.25 0.22 23 FILLETS SKINLESS/ BONELESS ÐContinued 0.33 0.30 0.30 0.27 0.25 0.27 0.30 0.27 0.27 0.27 0.27 0.27 0.27 0.35 0.27 22 W/ NO FIL- RIBS SKIN LETS ...... PECIES S 0.30 0.30 0.27 0.27 0.27 0.27 0.27 0.30 0.30 0.38 0.38 0.30 0.27 0.27 0.27 0.35 0.27 21 FIL- SKIN RIBS LETS ON NO PRODUCT CODE 0.40 0.35 0.35 0.32 0.32 0.32 0.32 0.32 0.45 0.32 0.40 0.32 0.32 0.32 20 W/ ROUNDFISH FIL- RIBS LETS G SKIN & 0.10 0.05 0.01 19 BELLY ATES FOR R 0.05 0.05 18 CHINS ...... ECOVERY 0.05 0.05 0.05 0.05 17 R ...... CHEEKS 0.20 0.15 0.15 16 RODUCT ...... HEADS 0.05 679ÐP 15 DLE GIR- PEC- TORAL ...... ART P 118 110 160 193 270 510 511 516 700 870 119 143 120 123 121 122 127 710 689 125 134 875 TO CIES SPE- CODE 3 ABLE T ...... FMP SPECIES ...... DEEP WATER FLATFISH FLATHEAD SOLE REX SOLE SHALLOW WATER FLATFISH THORNYHEAD ROCKFISH OTHER FLATFISH ROCK SOLE YELLOWFIN SOLE GREENLAND TURBOT SQUID Standard pollock surimi rate during January through June. Standard pollock surimi rate during July through December. 2 3 PACIFIC COD ARROWTOOTH FLOUNDER ROCKFISH SCULPINS ATKA MACKEREL POLLOCK SMELTS EULACHON CAPELIN SHARKS SKATES SABLEFISH OCTOPUS Target species categories at GOA only: Target species categories at BSIA only: Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31299

TABLE 3 TO PART 679ÐPRODUCT RECOVERY RATES FOR GROUNDFISH SPECIESÐContinued

PRODUCT CODE BUT- SPE- TER- FMP SPECIES CIES FLY DE- CODE OIL MILT STOM- MAN- BACK- COM- DIS- ACHS TLES BONE POSED CARDS RE- FISH MOVED

33 34 35 36 37 96 92, 94, 98, 99, M99

PACIFIC COD ...... 110 ...... 0.43 0.00 1.00 ARROWTOOTH FLOUNDER ...... 121 ...... 0.00 1.00 ROCKFISH ...... 0.00 1.00 SCULPINS ...... 160 ...... 0.00 1.00 ATKA MACKEREL ...... 193 ...... 0.00 1.00 POLLOCK ...... 270 ...... 0.43 0.00 1.00 SMELTS ...... 510 ...... 0.00 1.00 EULACHON ...... 511 ...... 0.00 1.00 CAPELIN ...... 516 ...... 0.00 1.00 SHARKS ...... 689 ...... 0.00 1.00 SKATES ...... 700 ...... 0.00 1.00 SABLEFISH ...... 710 ...... 0.00 1.00 OCTOPUS ...... 870 ...... 0.85 1.00 0.00 1.00 Target species categories at GOA only: DEEP WATER FLATFISH ...... 118 ...... 0.00 1.00 FLATHEAD SOLE ...... 122 ...... 0.00 1.00 REX SOLE ...... 125 ...... 0.00 1.00 SHALLOW WATER FLATFISH ...... 119 ...... 0.00 1.00 THORNYHEAD ROCKFISH ...... 143 ...... 0.00 1.00 Target species categories at BSAI only: OTHER FLATFISH ...... 120 ...... 0.00 1.00 ROCK SOLE ...... 123 ...... 0.00 1.00 YELLOWFIN SOLE ...... 127 ...... 0.00 1.00 GREENLAND TURBOT ...... 134 ...... 0.00 1.00 SQUID ...... 875 ...... 0.75 1.00 0.00 1.00 31300 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

TABLE 4 TO PART 679ÐBERING SEA SUBAREA STELLER SEA LION PROTECTION AREAS

From To Island Latitude Longitude Latitude Longitude

3-nm NO TRANSIT ZONES described at part 227.12(a)(2) of this title a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).

Sea Lion Rocks ...... 55°28.0′ N 163°12.0′ W Ugamak Island ...... 54°14.0′ N 164°48.0′ W 54°13.0′ N 164°48.0′ W Akun Island ...... 54°18.0′ N 165°32.5′ W 54°18.0′ N 165°31.5′ W Akutan Island ...... 54°03.5′ N 166°00.0′ W 54°05.5′ N 166°05.0′ W Bogoslof Island ...... 53°56.0′ N 168°02.0′ W Ogchul Island ...... 53°00.0′ N 168°24.0′ W Adugak Island ...... 52°55.0′ N 169°10.5′ W Walrus Island ...... 57°11.0′ N 169°56.0′ W

b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted under part 679, Trawling Prohibited Within 20 nm).

Sea Lion Rocks ...... 55°28.0′ N 163°12.0′ W Akun Island ...... 54°18.0′ N 165°32.5′ W 54°18.0′ N 165°31.5′ W Akutan Island ...... 54°03.5′ N 166°00.0′ W 54°05.5′ N 166°05.0′ W Ugamak Island ...... 54°14.0′ N 164°48.0′ W 54°13.0′ N 164°48.0′ W Seguam Island ...... 52°21.0′ N 172°35.0′ W 52°21.0′ N 172°33.0′ W Agligadak Island ...... 52°06.5′ N 172°54.0′ W Note: The bounds of each rookery extend in a clockwise direction from the first set of geographic coordinates, along the shoreline at mean lower low water, to the second set of coordinates; if only one set of geographic coordinates is listed, the rookery extends around the entire shoreline of the island at mean lower low water.

TABLE 5 TO PART 679ÐALEUTIAN ISLANDS SUBAREA STELLER SEA LION PROTECTION AREAS

From To Island Latitude Longitude Latitude Longitude

3-nm NO TRANSIT ZONES described at part 227.12(a)(2) of this title a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).

Yunaska Island ...... 52°42.0′ N 170°38.5′ W 52°41.0′ N 170°34.5′ W Seguam Island ...... 52°21.0′ N 172°35.0′ W 52°21.0′ N 172°33.0′ W Agligadak Island ...... 52°06.5′ N 172°54.0′ W Kasatochi Island ...... 52°10.0′ N 175°31.0′ W 52°10.5′ N 175°29.0′ W Adak Island ...... 51°36.5′ N 176°59.0′ W 51°38.0′ N 176°59.5′ W Gramp Rock ...... 51°29.0′ N 178°20.5′ W Tag Island ...... 51°33.5′ N 178°34.5′ W Ulak Island ...... 51°20.0′ N 178°57.0′ W 51°18.5′ N 178°59.5′ W Semisopochnoi ...... 51°58.5′ N 179°45.5′ E 51°57.0′ N 179°46.0′ E Semisopochnoi ...... 52°01.5′ N 179°37.5′ E 52°01.5′ N 179°39.0′ E Amchitka Island ...... 51°22.5′ N 179°28.0′ E 51°21.5′ N 179°25.0′ E Amchitka Is./Column Rocks ...... 51°32.5′ N 178°49.5′ E Ayugadak Point ...... 51°45.5′ N 178°24.5′ E Kiska Island ...... 51°57.5′ N 177°21.0′ E 51°56.5′ N 177°20.0′ E Kiska Island ...... 51°52.5′ N 177°13.0′ E 51°53.5′ N 177°12.0′ E Buldir Island ...... 52°20.5′ N 175°57.0′ E 52°23.5′ N 175°51.0′ E Agattu Is./Gillion Pt ...... 52°24.0′ N 173°21.5′ E Agattu Island ...... 52°23.5′ N 173°43.5′ W 52°22.0′ N 173°41.0′ E Attu Island ...... 52°54.5′ N 172°28.5′ W 52°57.5′ N 172°31.5′ E

b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted under part 679.20. Trawling Prohibited Within 20 nm).

Seguam Island ...... 52°21.0′ N 172°35.0′ W 52°21.0′ N 172°33.0′ W Agligadak Island ...... 52°06.5′ N 172°54.0′ W Note: Each rookery extends in a clockwise direction from the first set of geographic coordinates, along the shoreline at mean lower low water, to the second set of coordinates; if only one set of geograhic coordinates is listed, the rookery extends around the entire shoreline of the island at mean lower low water. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31301

TABLE 6 TO PART 679ÐGULF OF ALASKA STELLER SEA LION PROTECTION AREAS

From To Island Latitude Longitude Latitude Longitude

3-nm NO TRANSIT ZONES described at part 227.12(a)(2) of this title a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).

Outer Island ...... 59°20.5′ N 150°23.0′ W 59°21.0′ N 150°24.5′ W Sugarloaf Island ...... 58°53.0′ N 152°02.0′ W Marmot Island ...... 58°14.5′ N 151°47.5′ W 58°10.0′ N 151°51.0′ W Chirikof Island ...... 55°46.5′ N 155°39.5′ W 55°46.5′ W 155°43.0′ W Chowiet Island ...... 56°00.5′ N 156°41.5′ W 56°00.5′ N 156°42.0′ W Atkins Island ...... 55°03.5′ N 159°18.5′ W Chernabura Island ...... 54°47.5′ N 159°31.0′ W 54°45.5′ N 159°33.5′ W Pinnacle Rock ...... 54°46.0′ N 161°46.0′ W Clubbing Rocks-N ...... 54°43.0′ N 162°26.5′ W Clubbing Rocks-S ...... 54°42.0′ N 162°26.5′ W Ugamak Island ...... 54°14.0′ N 164°48.0′ W 54°13.0′ N 164°48.0′ W Akun Island ...... 54°18.0′ N 165°32.5′ W 54°18.0′ N 165°31.5′ W Akutan Island ...... 54°03.5′ N 166°00.0′ W 54°05.5′ N 166°05.0′ W Ogchul Island ...... 53°00.0′ N 168°24.0′ W

b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted under part 679.20. Trawling Prohibited Within 20 nm).

Akun I...... 54°18.0′ N 165°32.5′ W 54°18.0′ N 165°31.5′ W Akutan I...... 54°03.5′ N 166°00.0′ W 54°05.5′ N 166°05.0′ W Ugamak I...... 54°14.0′ N 164°48.0′ W 54°13.0′ N 164°48.0′ W Note: The bounds of each rookery extend in a clockwise direction from the first set of geographic coordinates, along the shoreline at mean lower low water, to the second set of coordinates; if only one set of geographic coordinates is listed, the rookery extends around the entire shoreline of the island at mean lower low water. 31302 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

TABLE 7 TO PART 679ÐCOMMUNITIES TABLE 7 TO PART 679ÐCOMMUNITIES TABLE 7 TO PART 679ÐCOMMUNITIES DETERMINED TO BE ELIGIBLE TO DETERMINED TO BE ELIGIBLE TO DETERMINED TO BE ELIGIBLE TO APPLY FOR COMMUNITY DEVELOP- APPLY FOR COMMUNITY DEVELOP- APPLY FOR COMMUNITY DEVELOP- MENT QUOTAS MENT QUOTASÐContinued MENT QUOTASÐContinued [Other communities may also be eligible, but [Other communities may also be eligible, but [Other communities may also be eligible, but do not appear on this table.] do not appear on this table.] do not appear on this table.]

Aleutian Region: 3. Dillingham 15. Platinum 1. Atka 4. Egegik 16. Quinhagak 2. False Pass 5. Ekuk 17. Scammon Bay 3. Nelson Lagoon 6. Manokotak 18. Sheldon's Point 4. Nikolski 7. Naknek 19. Toksook Bay 5. St. George 8. Pilot Point/Ugashi 20. Tununak 6. St. Paul 9. Port Heiden/Meschick 21. Tuntutuliak Bering Strait: 10. South Naknek 1. Brevig Mission 11. Sovonoski/King Salmon 2. Diomede/Inalik 12. Togiak TABLE 8 TO PART 679ÐHarvest Zone 3. Elim 13. Twin Hills Codes for Use with Product Trans- 4. Gambell Southwest Coastal Lowlands: fer Reports and Vessel Activity Re- 5. Golovin 1. Alakanuk ports 6. Koyuk 2. Chefornak 3. Chevak 7. Nome Harvest 8. Savoonga 4. Eek zone Description 9. Shaktoolik 5. Emmonak 10. St. Michael 6. Goodnews Bay A ...... EEZ off Alaska. 11. Stebbins 7. Hooper Bay D ...... Donut Hole. 12. Teller 8. Kipnuk F ...... Foreign Waters Other than Russia. 13. Unalakleet 9. Kongiganak I ...... International Waters other than 14. Wales 10. Kotlik Donut Hole and Seamounts. 15. White Mountain 11. Kwigilingok R ...... Russian waters. Bristol Bay: 12. Mekoryuk S ...... Seamounts in International waters. 1. Alegnagik 13. Newtok U ...... U.S. EEZ other than Alaska. 2. Clark's Point 14. Nightmute

TABLE 9 TO PART 679ÐREQUIRED LOGBOOKS, REPORTS AND FORMS FROM PARTICIPANTS IN THE FEDERAL GROUNDFISH FISHERIES

Cather-proc- Shoreside Name of logbook/Form Catcher-vessel essor Mothership processor Buying station

Daily Fishing Logbook (DFL) ...... Yes No No No No Daily Cumulative Production Logbook (DCPL) ...... No Yes Yes Yes No Daily Cumulative Logbook (DCL) ...... No No No No Yes Check-in/Check-out Report ...... No Yes Yes Yes Yes U.S. Vessel Activity Report (VAR) ...... Yes Yes Yes No No Weekly Production Report (WPR) ...... No Yes Yes Yes No Daily Production Report (DPR)* ...... No Yes Yes Yes No Product Transfer Report (PTR) ...... No Yes Yes Yes No * When required by Regional Director. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31303

TABLE 10 TO PART 679ÐGULF OF ALASKA RETAINABLE PERCENTAGES

Basis species 1 Bycatch species 1 Aggre- Pacific Deep Rex Flat- Shal- Sable- gated DSR Atka Other Pollock head low Arrowtooth 4 mack- spe- Cod flatfish Sole Sole flatfish fish rock- SEEO erel cies fish 2

Pollock ...... 3 na 20 20 20 20 20 35 1 5 10 20 20 Pacific cod ...... 20 3 na 20 20 20 20 35 1 5 10 20 20 Deep flatfish ...... 20 20 3 na 20 20 20 35 15 15 1 20 20 Rex sole ...... 20 20 20 3 na 20 20 35 15 15 1 20 20 Flathead sole ...... 20 20 20 20 3 na 20 35 15 15 1 20 20 Shallow flatfish ...... 20 20 20 20 20 3 na 35 1 5 10 20 20 Arrowtooth ...... 0 0 0 0 0 0 3 na 0 0 0 0 0 Sablefish ...... 20 20 20 20 20 20 35 3 na 15 1 20 20 Pacific Ocean perch ..... 20 20 20 20 20 20 35 15 15 1 20 20 Shortraker/rougheye ..... 20 20 20 20 20 20 35 15 15 1 20 20 Other rockfish ...... 20 20 20 20 20 20 35 15 15 1 20 20 Northern rockfish ...... 20 20 20 20 20 20 35 15 15 1 20 20 Pelagic rockfish ...... 20 20 20 20 20 20 35 15 15 1 20 20 DSR-SEEO ...... 20 20 20 20 20 20 35 15 15 3 na 20 20 Thornyhead ...... 20 20 20 20 20 20 35 15 15 1 20 20 Atka mackerel ...... 20 20 20 20 20 20 35 1 5 10 3 na 20 Other species ...... 20 20 20 20 20 20 35 1 5 10 20 3 na Aggregated amount non-groundfish spe- cies ...... 20 20 20 20 20 20 35 1 5 10 20 20 1 For definition of species, see Table 1 of the Gulf of Alaska groundfish specifications. 2 Aggregated rockfish means rockfish of the genera Sebastes and Sebastolobus except in the southeast Outside District where demersal shelf rockfish (DSR) is a separate category. 3 na = not applicable. 4 SEEO = Southeast Outside District. 31304 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

TABLE 11 TO PART 679ÐBERING SEA AND ALEUTIAN ISLANDS MANAGEMENT AREA RETAINABLE PERCENTAGES

Bycatch species 1 Basis spe- Aggre- 1 Atka Flat- Green- Other cies Pollock Pacific mack- Arrowtooth Yellow- Other Rocksole head land Sable- gated Squid spe- cod erel fin sole flatfish sole turbot fish rock- cies fish 2

Pollock ...... 3 na 20 20 35 20 20 20 20 1 1 5 20 20 Pacific cod 20 3 na 20 35 20 20 20 20 1 1 5 20 20 Atka mack- erel ...... 20 20 3 na 35 20 20 20 20 1 1 5 20 20 Arrowtooth 0 0 0 3 na 0 0 0 0 0 0 0 0 0 Yellowfin sole ...... 20 20 20 35 3 na 35 35 35 1 1 5 20 20 Other flatfish 20 20 20 35 35 3 na 35 35 1 1 5 20 20 Rocksole ..... 20 20 20 35 35 35 3 na 35 1 1 5 20 20 Flathead sole ...... 20 20 20 35 35 35 35 3 na 35 15 15 20 20 Greenland turbot ...... 20 20 20 35 20 20 20 20 3 na 15 15 20 20 Sablefish ..... 20 20 20 35 20 20 20 20 35 3 na 15 20 20 Other rock- fish ...... 20 20 20 35 20 20 20 20 35 15 15 20 20 Other red rockfish- BS ...... 20 20 20 35 20 20 20 20 35 15 15 20 20 Pacific Ocean perch ...... 20 20 20 35 20 20 20 20 35 15 15 20 20 Sharpchin/ Northern- AI ...... 20 20 20 35 20 20 20 20 35 15 15 20 20 Shortraker/ Rougheye- AI ...... 20 20 20 35 20 20 20 20 35 15 15 20 20 Squid ...... 20 20 20 35 20 20 20 20 1 1 5 3 na 20 Other spe- cies ...... 20 20 20 35 20 20 20 20 1 1 5 20 3 na Aggregated amount non- groundfish species .... 20 20 20 35 20 20 20 20 1 1 5 20 20 1 For definition of species, see Table 1 of the Bering Sea and Aleutian Islands groundfish specifications. 2 Aggregated rockfish of the genera Sebastes and Sebastolobus. 3 na = not applicable. [FR Doc. 96–14593 Filed 6–18–96; 8:45 am] BILLING CODE 3510±22±W federal register June 19,1996 Wednesday Peanut ImportRegulations;FinalRule Specialty Crops;ImportRegulations; 7 CFRPart999 Agricultural MarketingService Agriculture Department of Part III 31305 31306 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

DEPARTMENT OF AGRICULTURE minimum quality, identification, peanuts into the United States (most of certification and safeguard requirements whom are small entities), it is unable to Agricultural Marketing Service for foreign produced farmers stock, accurately estimate the number or size shelled and cleaned-inshell peanuts of importers who may choose to import 7 CFR Part 999 presented for importation into the peanuts in the future. The Department [Docket No. FV94±999±2FR] United States. The quality requirements estimates that there are as many as 50 are the same as those specified in domestic peanut handlers with storage Specialty Crops; Import Regulations; § 998.100 Incoming quality regulation and milling facilities that can be used to Peanut Import Regulations and § 998.200 Outgoing quality prepare peanuts for human regulation established pursuant to the consumption markets. AGENCY: Agricultural Marketing Service, Agreement. Whenever the regulations The quality and handling USDA. specified in the Agreement are changed, requirements of this import regulation ACTION: Final rule. the regulations in § 999.600 will be apply uniformly to all importers, changed accordingly. Safeguard whether small or large. The peanut SUMMARY: This final rule establishes procedures enable the Department to import quota, while limited, is available minimum quality, identification, monitor and assure importers’ to all importers, regardless of size or certification and safeguard requirements compliance with the requirements of business orientation. There are no for imported farmers stock, shelled, and this regulation. known additional costs incurred by cleaned-inshell peanuts. This rule is The intent of paragraph (f)(2) of small importers that are not incurred by issued under section 108B(f)(2) of the section 108B of the Act is to ensure that large importers. Agricultural Act of 1949, as amended. all peanuts in the domestic marketplace No significant alternatives which The provisions of paragraph (f)(2) comply with the same quality standards. could accomplish the objectives of this require all peanuts in the domestic The U.S. Department of Agriculture action were identified. market to fully comply with all quality (Department or USDA) is issuing this Importers must incur the costs of standards under Peanut Marketing rule in accordance with Executive Order inspection and aflatoxin analysis. Agreement No. 146 (Agreement). 12866. However, these costs are proportional to Therefore, this rule establishes the same This rule has been reviewed under the volume of peanuts imported and the quality requirements and handling Executive Order 12778, Civil Justice size of each inspected and tested lot. procedures for imported peanuts as Reform, and is not intended to have Such costs are applied to all importers those which are in effect for retroactive effect. This rule will not regardless of size and also are consistent domestically produced peanuts. This preempt any State or local laws, with such costs incurred by handlers of final rule addresses comments to the regulations, or policies, unless they domestically produced peanuts. proposed rule submitted by members of present an irreconcilable conflict with Additional costs are incurred if an the industry and other interested this rule. There are no administrative imported lot must be reconditioned to persons. This action will benefit peanut procedures which must be exhausted meet quality requirements of the import handlers, importers and consumers by prior to any judicial challenge to the rule. Losses may occur if an imported helping to ensure that all peanuts in the provisions of this rule. failing lot cannot be reconditioned and marketplace comply with the same Pursuant to requirements set forth in must be disposed to a non-edible peanut quality standards. the Regulatory Flexibility Act (RFA), the outlet, destroyed or re-exported. Agricultural Marketing Service (AMS) EFFECTIVE DATE: July 19, 1996. However, such costs are relative to the has considered the economic impact of quality of each imported peanut lot, and FOR FURTHER INFORMATION CONTACT: Tom this rule on small entities. importers may reduce the likelihood of Tichenor or Rick Lower, Marketing The purpose of the RFA is to fit incurring reconditioning costs or other Specialists, Marketing Order regulatory actions to the scale of losses due to poor quality peanuts, by Administration Branch, Fruit and business subject to such actions in order importing only high quality peanuts. In Vegetable Division, AMS, USDA, P.O. that small businesses will not be unduly this regard, the business risks for peanut Box 96456, room 2523–S, Washington, or disproportionately burdened. Small importers are no different than those for DC 20090–6456; tel: (202) 720–6862 or agricultural service firms, which handlers of domestically produced (202) 720–2020 respectively; fax (202) include importers, have been defined by peanuts. Further, it is common industry 720–5698. the Small Business Administration (13 practice that buyers (manufacturers) of SUPPLEMENTARY INFORMATION: This final CFR 121.601) as those whose annual peanuts require, or make purchase rule is issued under paragraph (f)(2) of receipts are less than $5 million. This contingent upon, passing grade and section 108B of the Agricultural Act of import regulation is based on aflatoxin certificates of each peanut lot 1949 (7 U.S.C. 1445c–3), as amended regulations established under the purchased. Thus, the costs of inspection November 28, 1990; Pub. Law 101–624, Agreement which regulates the quality and maintenance of lot identification hereinafter referred to as the Act. of domestically produced peanuts. are a part of normal business practices Paragraph (f)(2) of section 108B of the Experience shows that peanut for this industry. Act provides that the Secretary of importers affected by this regulation are While the level of benefits of this Agriculture (Secretary) shall require that comprised primarily of signatories to action are difficult to quantify, the all peanuts in the domestic market fully the Agreement and import brokers. The stabilizing effects of shipping only high comply with all quality standards under majority of signatories to the Agreement quality and wholesome peanuts to Marketing Agreement No. 146 (7 CFR cannot be classified as small entities. human consumption outlets impact part 998), issued pursuant to the Import brokers may contract with both small and large importers Agricultural Marketing Agreement Act peanut handlers who have the positively by helping them maintain of 1937, as amended (7 U.S.C. 601–674). equipment and storage facilities needed and expand markets. The Department is This rule adds ‘‘§ 999.600 governing to carry out necessary shelling and not aware of any Federal rules which the importation of peanuts’’ under 7 reconditioning of imported peanuts. duplicate, overlap, or conflict with this CFR part 999—Specialty Crops; Import While the Department is aware of at final rule. Finally, this action is required Regulations. Section 999.600 establishes least seven importers who imported by statute. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31307

Based on available information, the presence of Aspergillus flavus mold (the the country-of-origin as the shipping AMS has determined that this rule principal cause of aflatoxin, which is a country unless another producing would not have a significant impact on carcinogen). This mold is more likely to country is identified on Customs a substantial number of small entities. be found on damaged or defective Service documentation. In the past, the importation of peanuts kernels than on sound, whole, good Five commenters were of the opinion has been limited to 1.71 million pounds quality kernels. A chemical analysis for that the regulation is contrary to the annually. However, the Schedule of the aflatoxin is required on shelled peanut spirit of GATT and NAFTA, which is to United States annexed to the North lots not meeting superior quality promote free and fair trade. However, American Free Trade Agreement requirements. Shelled lots that exceed both GATT and NAFTA recognize the (NAFTA), implemented on January 1, certain superior quality requirements rights of signatories to protect 1994, provided duty free entry for up to need not be analyzed prior to shipment themselves from inferior quality imports approximately 7.43 million pounds of for human consumption. by allowing the receiving country to qualifying peanuts from Mexico. For The proposed rule was issued January apply to imports the same standards 1996, the duty-free access for Mexican 23, 1996, and published in the Federal mandated for its domestically produced, peanuts increased to approximately 7.88 Register February 1, 1996. A 30-day agricultural products. The Department million pounds. In calendar year 2008, comment period was provided and 16 believes that this rule meets such access for Mexican peanuts will be comments were received. Comments ‘‘national treatment’’ requirements in unlimited. In addition, the United States were received from a United States that it provides the same grade and Schedule to the Uruguay Round Congressman, as well as persons handling requirements applied to Agreements negotiated under the representing the agricultural office of a peanuts domestically produced General Agreement on Tariffs and Trade South American embassy, the Peanut throughout the United States. (GATT) relaxes the peanut import quota Administrative Committee (PAC), the One commenter indicated that to 74.5 million pounds in 1995, with American Farm Bureau Federation, the European countries are implementing a additional annual increases of Southwestern Peanut Growers’ program using the quality test results approximately 10 million pounds to Association, the Peanut Growers conducted by suppliers in origin- reach a ceiling of 125 million pounds by Cooperative Marketing Association in producing countries. The commenter the year 2000 for all imported peanuts. the Virginia-Carolina area, the American questioned why the Department does Various qualities of peanuts are Peanut Shellers Association, and the not honor origin-testing programs in entered into the United States from American Peanut Product other countries while United States countries such as Argentina, Mexico, Manufacturers, Inc. Comments were peanut suppliers are aggressively Nicaragua, India, and the People’s also received from a peanut product supporting origin-testing of peanuts Republic of China. Foreign produced manufacturer, three peanut brokers, one they ship to Europe. The commenter peanuts are produced under varying peanut handler/importer, and a recommended that imported peanuts be weather conditions and using different company making chemical analysis origin-tested by recognized independent cultural practices. testing kits. Most all commenters agree laboratories overseas. The commenter Consistent with the Agreement’s that imported peanuts should meet suggested that a laboratory owned and regulatory provisions, each lot of domestic requirements for human operated by a PAC-approved laboratory peanuts entered into the U.S. would be consumption. However, they also were in the United States be authorized to required to be officially sampled and critical of various provisions in the perform the grade and aflatoxin graded by the Federal or Federal-State proposed rule. inspections in Argentina. The lab is Inspection Service (inspection service). Three commenters stated that the currently certifying peanut shipments to Incoming inspection for farmers stock regulation should establish the United States and Europe, and those peanuts and outgoing inspection for requirements for aflatoxin testing of shipments have met minimum aflatoxin edible quality shelled peanuts and peanut butter and peanut paste requirements over the past year. cleaned-inshell peanuts will be required imported from Canada and Mexico. The Agreement’s requirements, as for imported peanuts. A list of However, Peanut Marketing Agreement reflected in these import regulations, are inspection service offices is provided in No. 146, the authorizing statute, and the supported by an integrated quality paragraph (d)(2)(i) of this regulation. quality regulations under the Agreement assurance system that includes Some peanuts contain defects or other are only applicable to peanuts and not statistically based sampling, positive lot damage which cause them to be of low peanut products. The Food and Drug identification, and laboratory oversight. quality or have poor taste which could Administration (FDA) is responsible for Because it would be difficult, at this affect the demand for peanuts. certifying the aflatoxin level of imported time, to ascertain that imported peanuts Producers, handlers and manufacturers peanut butter and peanut products. meet the same quality requirements as in the domestic peanut industry believe Four commenters recommended that domestic peanuts without the that even an isolated quality problem the rule should establish country-of- application of that inspection system, could adversely affect consumer origin requirements on imported these regulations do not provide for confidence, which would be detrimental peanuts to guard against peanuts country of origin inspection and testing. to the domestic peanut industry. produced in one country and A number of commenters complained The Agreement imposes quality transhipped through another country about the increased burden on standards for domestically produced before importation into the U.S. importers, and four commenters inshell and shelled peanuts. Peanut lots However, the purpose of this rule is to contended that the regulation is more are graded based on the percentage of establish quality requirements for all burdensome on importers than the unshelled peanuts, percentage of imported peanuts, and establishment of domestic regulation is on handlers kernels with damage and minor defects, country-of-origin requirements is not under the Agreement. Individually or percentage of loose shelled kernels, necessary. The United States Customs jointly, they commented that the percentage of foreign material, and Service (Customs Service) monitors proposed regulations would increase percentage of moisture content. In country-of-origin on imported peanuts importers’ burdens by: placing time addition, an integral part of these for tariff purposes. In addition, the grade constraints on certification or non- quality standards is the extent of the and aflatoxin certificates will identify edible disposition of each imported lot; 31308 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations requiring bonded storage which may be failing lot in order to bring the lot into avoid the 23-day reporting requirement scarce or not available; adding costs for compliance with regulatory by holding shelled and cleaned-inshell demurrage, sampling, and inspection of requirements. This option was not shipments under Customs Service imported lots; and adding layers of clearly stated in the proposed rule. custody until the peanuts are sampled, bureaucracy and regulations. They The Department has been informed tested and certified as meeting commented that any peanut lots that it may establish a redelivery period requirements for human consumption. requiring more than simple aflatoxin which is longer than the 30 days This should be possible with testing could not be shelled, sorted, specified in the proposal. Therefore, to containerization of the shipment that sized, remilled, and reported in 23 days. enable importers more opportunity to allows for sampling by the inspection As stated in the proposed rule, the meet the requirements of this regulation, service and storage while under purpose of these regulations is to ensure the Department is extending the Customs Service custody. that all peanuts (including imported redelivery demand period from 30 days The Customs Service requires (19 CFR peanuts) marketed in the United States to 60 days. Customs Form 4647 (‘‘Notice part 141.5) that lots so held must be comply with quality standards of the to Mark and/or Notice to Redeliver’’) is entered within 5 working days after Agreement. Quality standards cannot be issued by the Customs Service at the arrival at the port. Thus, it is important guaranteed without handling request of AMS. A 60 day redelivery that the peanut shipment be sampled requirements that prohibit the period should be entered by the and the samples sent for outgoing commingling of certain peanut lots and Customs Service under item 15 on the quality inspection and chemical ensure lot identification of imported form. Thus, an importer has as long as analysis as soon as possible after shipments. Further, in order to ensure 90 days to move an imported peanut lot unloading. Using overnight mail compliance with non-edible disposition through the peanut handling process. By services and fax transmissions, the requirements, it is necessary to require the end of the redelivery period, the importer should be able to obtain grade that imported peanut lots failing edible importer must submit certifications to and aflatoxin content certificates within quality be certified as handled and AMS that the lot either: (1) Meets 2 or 3 days. If certified as meeting disposed of to appropriate non-edible requirements for human consumption; import requirements for human peanut uses. (2) is disposed to one or more non- consumption, such peanuts do not have In this rule, the Department attempted edible peanut outlets; (3) is destroyed to be reported to the Department and are to establish the least burdensome and under supervision of the inspection not subject to further handling least costly procedures which would service and Customs Service; or (4) is requirements of this regulation. As assure that imported peanuts meet the exported out of the U.S. Alternatively, stated in the proposed regulations, required quality standards. Grade and the importer must redeliver the peanuts shipments moved inland under Customs disposition requirements are the same to the port-of-entry pursuant to the Service custody and held in bonded as those provided under the Agreement. redelivery notice. warehouses are not considered as Lot identification and storage An exception to this rule may be entered by the Customs Service. Thus, requirements are similar to those of the applied to cleaned-inshell peanuts that the time under Customs Service custody Agreement, but vary slightly because of are conditionally released for movement will not be counted against the 23-day Customs Service requirements and to an inland facility for outgoing reporting period. because shipments have to be monitored inspection. As stated in the proposed One commenter questioned how the from the place and time of conditional rule, such cleaned-inshell peanut lots time frames relate to the stamp-and-fax release rather than from a buying point must proceed directly to the outgoing procedure and receipt of aflatoxin or shelling facility. inspection and may not undergo any analyses. For all imported shipments, it The initial 30 day reporting period is cleaning, drying or sorting prior to is incumbent on the importer to plan a Customs Service requirement that outgoing inspection. During outgoing ahead by contacting the inspection cannot be changed by a USDA inspection, if AMS determines that the service offices where sampling and regulation. It is applied by Customs peanut lot sampled and graded is a grading will take place and the aflatoxin Service to imported merchandise that farmers stock lot which has been lab where the analysis will be must meet product requirements in mislabeled or misrepresented as cleaned conducted. The stamp and fax effect in the United States. Also, as in-shell peanuts, the lot is considered as procedure should take place before stated in the proposed rule, the ungraded farmers stock peanuts and arrival of the shipment. As noted above, Department needs to establish a shorter must be sent to incoming inspection or the 23-day reporting period begins when reporting period because a Customs redelivered to the port-of-entry. Such the shipment is released from Customs Service port-of-entry office issuing the lots, if determined to be Segregation 1 Service custody, whether at the port-of- entry documentation needs up to 7 days quality at incoming inspection, can then entry or inland after movement and to issue a redelivery demand notice. be cleaned, dried, sorted and otherwise storage under Customs Service custody. Therefore, the Department established a prepared for outgoing inspection as Samples can be taken, inspections reporting period of 23 days from the cleaned-inshell peanuts. performed, and results reported back to date of entry by the Customs Service. The importer must notify both the the importer within 2 or 3 days. Extra The intent of a Customs Service Customs Service and the AMS that an demurrage charges at a port-of-entry redelivery notice is not necessarily to outstanding lot has been certified as would be less likely if the importer or require immediate return of the meeting disposition requirements of customs broker makes proper shipment to the port-of-entry. Rather, these regulations, destroyed or exported. preparations prior to the arrival of a the redelivery notice serves as a notice Failure to meet these requirements or shipment. to the importer that the lot must be redeliver the peanut lot can result in The Customs Service suggested that either: (1) Brought into compliance with liquidated damages up to three times two definitions in paragraph (a) be program requirements within the the value of the product. changed to be consistent with number of days specified on the The Department also wishes to terminology used by Customs. The redelivery notice, or (2) returned to the reiterate that the above import Department has revised definitions for port-of-entry. During the redelivery procedure is not the only procedure ‘‘importation’’ and ‘‘conditionally period, the importer may recondition a available to importers. Importers can released’’ and has made conforming Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31309 changes throughout this final rule to be total weight of the original lot. The Because of the size of some imported consistent with the new definitions. In Customs Service and the inspection shipments (up to 200,000 pounds), or the proposed rule, the term service both recognized that inshell because of the multiple containers or ‘‘importation’’ was defined to mean peanuts are 65 percent kernel weight bags used for such lots, it would be release from custody of the Customs and 35 percent shell weight. Further, impractical to require that a seal be Service. That definition referred to the lot identification procedures of the placed or tag be sewed onto every peanuts after arrival and release by the inspection service identify the weight of container or bag of such large shipments Customs Service for inland movement. the certified lot. Thus, when an at the port-of-entry. For this reason, a To make the term consistent with importer reports disposition of a lot that definition of positive lot identification Customs Service operations, and for the has been reconditioned, the report must was not included in the proposed rule. purposes of this peanut import include inspection and lot identification This does not mean, however, that lot regulation, the term ‘‘importation’’ certificates on all sublots—both edible identity is not as important under the means the arrival of a peanut shipment and non-edible residuals—resulting import regulation as it is under the at a port-of-entry with the intent to enter from remilling or blanching. Agreement. Each imported lot must be the peanuts into channels of commerce One commenter offered three lot identified in such a way as to clearly of the United States. recommendations that the Department distinguish the peanuts in the lot, but ‘‘Conditionally released’’ was defined has included in this final rule. The not necessarily require tags on in the proposed rule to mean peanuts commenter correctly stated that, under individual bags or plastic wrap around released under bond for consumption or the Agreement, in addition to shelling, an entire lot. Arrangements for lot withdrawal from warehouse for failing cleaned-inshell lots may be identification should be made with the consumption. This definition did not remilled by running the inshell peanuts inspection service and Customs Service describe the reason for release. For the through inshell milling two or more officers at the port-of-entry. Such purposes of this import regulation, times to remove moldy, damaged, arrangements can be tailored for the ‘‘conditional release’’ means released moisture laden peanuts, and foreign particular circumstances of each from Customs Service custody for material that prompted the failing imported lot. Lot identification further handling (sampling, inspection, certification. However, as noted above requirements of this rule should provide chemical analysis, or storage) before regarding reconditioning of cleaned- no less assurance of positive lot identity liquidation (final release after inshell peanuts, reconditioning may not than is provided under the Agreement computation of applicable duties) by the be conducted if the inspection service for domestically produced peanuts. Customs Service of the imported peanut determines that the failing peanuts are The commenter’s suggestion that lot. farmers stock peanuts and not cleaned- positive lot identification be placed on After receiving information from a inshell peanuts. Such lots are failing lots is accepted by the Customs Service port-of-entry officer, considered to be mislabeled and, Department. This final rule makes the the Department has made an additional therefore, subject to redelivery without identification procedures for failing relaxation that could reduce the filing reconditioning. residual peanuts more precise by burden on importers. The proposed rule The commenter also pointed out that establishing that residual peanuts stated that one Customs Service entry destroying failing peanuts by burying resulting from the reconditioning, document must be filed for each peanut must be carried out under the remilling or blanching of a failing lot entered. However, one entry supervision of the inspection service. imported lot must be positive lot document may encompass several lots. Finally, he pointed out that under the identified. At this point in the handling Each lot must be separately identified Agreement, Segregation 2 and 3 farmers process, residual peanuts from a milling on the entry document to allow for stock peanuts which are shelled before process are capable of being handled the appropriate monitoring and clearance. exportation, must first also be same as domestically produced For example, a shipment of 500,000 fragmented. This requirement is a peanuts—and therefore, should be pounds of shelled peanuts in 10 safeguard against such peanuts being subject to the same positive lot identity containers can be entered on one entry diverted to human consumption outlets. labeling requirements (such as sewing document as 10 lots of one container per Therefore these changes have been tags on bags or stamping individual lot; 5 lots of two containers per lot; 3 made in the final rule. containers of failing peanuts) that are lots of 200,000 and 200,000 and 100,000 A commenter pointed out two places required for domestically produced pounds per lot, or other variations. in the preamble of the proposed rule failing peanuts. Clarifying sentences are Subdivision of a large shipment is a where positive lot identification added to paragraphs (c)(3) and (g)(2) decision for the importer, working provisions could be inserted to ensure requiring positive lot identification of cooperatively with the Customs Service positive lot identification of failing residual lots. and the inspection service at the port- peanut lots. The commenter also Several commenters addressed the of- entry. Paragraph (g) has been suggested that a definition for positive proposed provision which states that changed accordingly. lot identification be added to the final superior quality shelled peanuts do not Two commenters pointed out that the rule. While the Department agrees with have to be tested for aflatoxin prior to proposed rule did not provide for the need to ensure lot identification on shipment for human consumption. Two changes in lot weight, especially after all imported lots, it also understands the addressed the dangers of aflatoxin remilling or cleaning of a failing lot. The great burden that ’positive’ lot contamination in food products and Department acknowledges potential identification could place on recommended that aflatoxin testing be difficulty in accounting for the total importers—particularly for large required on all peanut lots imported weight of a very large lot which may be shiploads of peanuts. Positive lot into the United States. shelled and reconditioned several times. identification involves an inspection Under the Agreement, all However, the Department believes that service seal or tag that clearly identifies domestically produced, shelled peanuts the accepted percentage for the weight the peanuts covered by the seal or tag— intended for human consumption use of shells in the shelling process plus the which is affixed in such a way that the must meet specified minimum quality combined weight of resultant sublots peanut container cannot be tampered requirements found in the Agreement’s and residuals should account for the with without destroying the seal or tag. ‘‘Other Edible Quality’’ table and must 31310 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations undergo chemical analysis for aflatoxin import requirements. One commenter manipulation in bonded warehouses (19 content prior to shipment for human complained that some peanut shipments CFR part 19.11); transfer of ownership consumption. Other edible quality grade are already in transit to the United (19 CFR parts 141.113 and 141.20); is referred to as minimum grade in this States and should not be held to failure to recondition (19 CFR part import regulation. Further, the requirements established after departure 113.62(e); and redelivery of Agreement provides that peanuts which of the shipment. Because of concerns merchandise 19 CFR part 113.62(d). For meet the higher quality requirements such as these, the Department has purposes of this regulation, the term found in the ‘‘Indemnifiable Grades’’ decided to make this rule effective 30 ‘‘consumption’’ means ‘‘use in the table do not need to undergo such days after the date of publication in the United States.’’ Customs Service entry chemical analysis. Indemnifiable grade Federal Register. Since the rule was procedures are not superseded by this is referred to as superior grade in this first proposed on February 1, 1996, import regulation. import regulation. importers should have ample time to Foreign produced peanuts may be One commenter referred to paragraph prepare for its implementation. entered for ‘‘warehouse’’ or entered for (l)(3) of section 998.300 ‘‘Terms and As noted in the proposed rule, ‘‘consumption,’’ or may be transported Conditions for Indemnification’’ as a whenever the quality requirements and to another Customs Service port-of-entry requirement for aflatoxin analysis. handling procedures are changed in the to be entered there for warehouse or However, this section of the Agreement Agreement, the same or equivalent consumption. Peanuts transported from refers to indemnified lots and has no changes will be made in the quality one Customs Service port-of-entry to relevance to imported peanuts as those requirements and handling procedures another Customs Service port-of-entry peanuts cannot be indemnified under of this import regulation. must be transported by a carrier the Agreement. In preparing for implementation of designated by the Customs Service One commenter, while recognizing this regulation, the inspection service under 19 U.S.C. 1551. Peanuts entered that the superior grade peanuts do not has issued instructions to its field for warehouse are stored in a Customs have to be tested for aflatoxin, suggested offices which will receive and collect Service bonded warehouse. Such that uncontrolled temperature, the samples of imported peanut peanuts remain in Customs Service humidity, and moisture could degrade shipments. To reduce the possibility of custody until they are withdrawn from the condition of a peanut lot during split kernels caused in the sampling warehouse, or entered, for shipment. Therefore, the commenter process, special instructions have been consumption—and are released from recommended that all imported issued for collecting the samples from Customs Service custody. Peanuts peanuts, even those that meet ‘‘Superior bags. While no comments were received entered for consumption, or withdrawn Quality Requirements’’ upon arrival in regarding this issue, the Department from warehouse for consumption, are the U.S., should be chemically tested for wants the industry to be aware that released conditionally, pending aflatoxin content. Imported peanut lots precautions have been taken to avoid certification that the peanuts meet the which are not properly packaged or causing defects in lots during the handling and quality requirements of handled during shipment and are handling. The same procedures are this regulation and conform to Customs degraded or otherwise damaged as a followed when sampling domestically Service entry requirements. The result, would most likely fail ‘‘Superior produced peanuts presented in bags. Customs Service can demand redelivery Quality Requirements’’ and would be Several minor corrections and of peanuts that fail these requirements. subject to aflatoxin analysis. Therefore, clarifications also are made to correct The importer, or import broker acting the recommendation is denied. references to paragraphs in the on behalf of the importer, is required to One commenter asked whether the regulatory text and clarify procedures file with the Customs Service required regulations in the proposed rule presented in the proposed rule. The entry documentation for each foreign represented an overlap of responsibility changes are based on comments produced peanut shipment to be between the Department and FDA with received and on the Department’s entered. More than one lot can be filed regards to the methodology used for review of the published proposed rule. on one entry document. Under sampling and testing peanut shipments safeguard procedures established in this Customs Service Entry Requirements and the enforcement of test results. As rule, each importer is also required to and USDA Safeguard Procedures stated in the proposed rule, this rule file completed entry documentation does not supersede laws or Importer obligations include filing (Customs Form 3461 or other equivalent requirements of other Federal documents notifying the Customs form) with the inspection service office government agencies. Thus, this rule Service and the Department of different that will perform the sampling of the lot does not prevent FDA from inspecting actions taken concerning foreign for inspection to provide that office with imported peanut shipments, should it produced inshell and shelled peanuts. advanced notice of requested choose to do so. The Department has Customs Service importation inspection. The entry documentation initiated a Memorandum of procedures and requirements are set out may be filed by mail or facsimile Understanding with FDA to minimize in title 19 of the Code of Federal transmission (fax). The filing should possible duplication of inspections. Regulations (19 CFR). The Customs occur prior to arrival of the shipment at Three commenters recommended that Service regulations applicable to peanut the port-of-entry in order to expedite the implementation of the regulation be handling and processing include, but entry procedures. The inspection delayed. Two suggested that because are not limited to: bond requirements service office will stamp, sign, and date some members of the Agreement wish to (19 CFR part 113); transfer from port-of- the entry document and return it to the amend the regulations regarding the entry to another Customs Service office importer or broker by fax or mail. The handling of farmers stock peanuts, it location (19 CFR part 112); entry of importer/broker will then submit the would be better to delay merchandise for consumption (19 CFR stamped copy to the Customs Service. implementation of the import regulation part 141); warehouse entry, and This ‘‘stamp-and-fax’’ procedure is until such a change, if approved by the withdrawal from warehouse for similar to a procedure in place for other Secretary, is implemented. They consumption (19 CFR part 144); imported agricultural commodities commented that such delay would establishment of bonded warehouses (19 under AMS jurisdiction. Failure to show avoid confusion regarding applicable CFR parts 19.13 and 19.2); and the Customs Service a copy of the entry Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31311 documentation stamped by the this import regulation, including: arrival is responsible for reporting any such inspection service will result in a delay at the inland destination with a broken extension to AMS. or denial of entry of a peanut lot. The Customs Service or inspection service When moving a conditionally importer/broker must also mail or fax a seal; failure to maintain lot identity; released lot inland, the importer will completed copy of the document to mislabeling of the peanuts being cause a copy of the entry documentation AMS to initiate the Department’s imported; failure to receive required applicable to the peanut lot to be monitoring process. inspection; commingling of peanut lots forwarded with the peanuts to the lot’s The location and telephone numbers not of like quality or condition; inland destination. If the shipment is of inspection service offices that disposition of non-edible peanuts to an sealed by Customs Service or the perform peanut sampling and/or grade edible peanut outlet or an improper, inspection service, the seal must remain inspections are provided in paragraph non-edible peanut outlet; and failure to intact and can be broken only by an (d)(3) of this rule. Inspection service fully report the disposition of foreign authorized official at the destination offices at other locations may be produced peanuts. Disposition reports point. contacted to sample the imported will include grade, aflatoxin, and The identification requirements in peanut lot. In such cases, the collected identification certifications and bills of this regulation are similar to the peanut samples will be shipped to an lading, sales receipts, and other Agreement’s lot identification inspection service office which has documentation showing the peanuts requirements. Lot size is limited to equipment and personnel qualified to were disposed to a non-edible peanut 200,000 pounds to comply with perform grade inspections. Samples of outlet, exported, or destroyed. Agreement requirements and sampling lots meeting minimum grade Following Customs Service provisions of the inspection service. requirements will also be sent to an regulations, a redelivery demand must Boatload shipments exceeding 200,000 approved laboratory (listed in paragraph be issued by the Customs Service within pounds must be entered as two or more (d)(4)) for aflatoxin analysis. The lot will 30 days of Customs Service entry of the lots, but may be entered under one have to remain in storage pending grade peanuts—if the peanuts are not certified Customs Service entry document. For and aflatoxin certification. as meeting requirements of this import instance, five containers averaging It is the importer’s responsibility to regulation. Because the Customs Service 40,000 pounds each (the domestic provide, in the mailed or faxed requires one week to prepare and issue industry standard) may be entered as documentation, sufficient information a redelivery demand notice, this import five lots on one entry document. Lot to identify the peanut lot being entered rule establishes that importers must size and identification arrangements and to ensure that arrangements are report disposition of lots of peanuts to must be made consistent with the port- made for sampling and inspection. The AMS within 23 calendar days of the of-entry inspection service office information will include the container date of entry. Although a 23-day requirements and should be established identification, weight of the peanut lot, reporting deadline may be considered cooperatively between the inspection the city, street address, and building burdensome by some, the deadline is service, Customs Service offices and the number (if known) receiving the peanut necessary because of the Customs importer at the port-of entry. This will lot, the requested date and time of Service 30-day notification requirement. facilitate subsequent lot identification, inspection, and a contact name or If an importer has difficulty meeting inspection, and reporting of large number at the destination. If the edible consumption certification or imported shipments. destination is changed from that listed completing necessary shelling, Foreign produced peanuts placed in on the stamp-and-fax document, it is the remilling, or other reconditioning by the storage may be commingled only with importer’s responsibility to immediately 23rd day after entry, the importer like-quality, foreign produced peanuts advise inspection service offices at both should notify AMS of such difficulty. If belonging to the same importer. the original destination and the new the importer fails to so notify AMS, or Similarly, failing quality peanuts may destination of such change. Shipments fails to report necessary certification, be commingled with other such foreign which are not made available pursuant AMS will request the Customs Service produced peanuts prior to clean-up or to the entry document, or are not to issue a redelivery demand for the out- non-edible disposition. Reports properly displayed for sampling of-compliance lot. certifying disposition of all peanuts in purposes, will be reported to the As covered above, after receiving a the commingled lot must be filed within Customs Service. notice of redelivery, the importer may 23 days of Customs Service entry of the Falsification of reports submitted to continue to try to recondition the failing earliest-entered lot commingled, or, if a AMS is a violation of Federal law lot or redeliver the failing lot to the port- redelivery notice is issued on the punishable by fine or imprisonment, or of-entry. The redelivery notice, in effect, earliest entered lot, within the 60-day both. provides an additional 60 days, from the redelivery period for that lot. The A bond secured by surety or U.S. date of issuance, for the importer to remaining commingled peanuts must be Treasury obligations is required to be comply with requirements of this withdrawn, inspected, properly posted by the importer with the import regulation. The exception to this disposed, and reported before the end of Customs Service to guarantee the is for peanuts labeled as cleaned-inshell that 60-day redelivery period. If importer’s performance. Peanuts can be which are determined by the inspection necessary, the importer may request that determined inadmissible because the service to be unprepared farmers stock Customs Service extend the redelivery importer failed to follow Customs peanuts. Such peanuts must be period for the remaining peanuts in the Service importation procedures, the redelivered immediately and may not be commingled lot. peanuts failed to meet quality reconditioned. The objective of the lot identification requirements, or because the handling If the importer is unable to meet these requirements is to help ensure that procedures (including lot identification import requirements by the end of the individual peanut lots are disposed as and certification) specified in this 60-day redelivery period, the importer required and that defects in poor quality regulation were not followed. may request an extension of the period peanut lots are not blended out by Redelivery will be demanded for from the Customs Service. The Customs commingling poor quality peanuts with failure to comply with the quality, Service may authorize an appropriate higher quality peanuts. The lot handling, and reporting requirements of extension for good cause. The importer identification requirements in this 31312 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations import regulation are similar to positive for chemical analysis. If determined to flavus mold. The inspection service will lot identification requirements specified meet the applicable edible quality issue USDA form CFSA–1007, for domestically produced peanuts. requirements in paragraph (c) of this ‘‘Inspection Certificate and Sales Positive lot identification involves a rule, the shelled or cleaned-inshell Memorandum’’ (formerly ASCS–1007) Federal or Federal-State Inspection peanuts may be entered for designating the lot as either Segregation Service seal or tag that clearly identifies consumption without further 1, 2, or 3 quality. the peanuts covered by the seal or tag, inspection. Reports of such entries do Only Segregation 1 peanuts can be and which is affixed in such a way that not have to be filed with AMS because prepared for human consumption use. the peanut lot cannot be tampered with, the lots cleared all requirements while Such peanuts may be shelled or without destroying the seal or tag. under Customs Service custody. prepared for cleaned-inshell use. For Because of the size of some imported Such shelled or cleaned-inshell quality control and reporting purposes, shipments (up to 200,000 pounds) it peanuts, sampled and held at the port- Segregation 1 lots intended for human would be impractical to have a seal or of-entry, which fail edible quality consumption outlets may be tag sewed onto every bag or container in requirements may, at the importer’s commingled only with other like quality such a lot. Thus, an imported lot may discretion, be: (1) re exported; (2) peanuts of the same importer. A be lot identified in such a way as to entered for reconditioning, and if Segregation 1 lot which is commingled clearly distinguish the peanuts in the satisfactorily remilled or blanched, with Segregation 2 or 3 peanuts must lot, but not require tags on individual certified for edible consumption; or (3) assume the lower Segregation 2 or 3 bags or plastic wrap around the entire entered for non-edible consumption. quality and must be disposed as non- lot. However, residual sublots resulting Failing peanuts that are re-exported do edible quality peanuts. from the reconditioning, remilling or not have be reported to AMS because Foreign produced farmer stock blanching of a failing lot must be the peanuts were not entered into the peanuts received by importers and positive lot identified, consistent with U.S. The importer must file determined at incoming inspection to be the provisions of lot identification certifications which report all actions Segregation 2 and 3 quality peanuts provisions of the Agreement. taken on each lot entered for must be disposed only as non-edible All USDA required sampling, quality reconditioning or non-edible peanuts. Segregation 3 and commingled certification, and lot identification must consumption. Such certifications must Segregation 2 and 3 farmers stock be conducted by the inspection service. be reported within 23 days of entry, or, peanuts may be exported inshell or Chemical analysis must be conducted if a redelivery notice is issued, within exported shelled if fragmented prior to by a USDA or an approved laboratory. the 60-day redelivery period. export. Segregation 2 and 3 peanuts also Foreign produced peanuts stored in Under option (2), shelled and may be destroyed by burying (under bonded warehouses are subject to cleaned-inshell peanuts which are inspection service and Customs Service Customs Service audits. Importers will cleaned, sorted, sized, and otherwise supervision) or exported (certified by reimburse the inspection service, prepared for edible consumption prior Customs Service). The importer must laboratories, and the Customs Service to importation, may be entered and report non-edible disposition by for services provided and costs incurred transported inland for subsequent providing a copy of the incoming with regard to the entry of the sampling, inspection, and certification. inspection certificate, bills of lading and importer’s peanuts. Farmers stock peanuts also must be sales receipts, or other official Depending on condition (shelled or shipped inland for sampling and certifications as proof of disposition to cleaned-inshell) and containerization, inspection because specialized, farmers crushing, exportation, other non-edible foreign produced peanuts may be either: stock sampling facilities are not outlets, or burying. Segregation 2 and 3 peanuts that are exported must be lot (1) Sampled, inspected, and held in a available at ports-of-entry. Certifications Customs Service bonded warehouse at identified by the inspection service and reporting disposition of these lots must the port-of-entry until certified by the certified as exported by the Customs be filed within 23 days of entry, or, if inspection service as meeting the edible Service. Certification of non-edible a redelivery notice is issued on the lot, quality requirements of this rule; or, (2) disposition or export must be filed with within the 60-day redelivery period. conditionally released at the port-of- AMS within 23 days of entry, or, if a entry and entered under Customs Categories of Peanuts Submitted for redelivery notice is issued, within the Service entry procedures for later Importation 60-day redelivery period. Customs inspection and certification. Service re-export procedures must be Farmers Stock Peanuts Under option (1), foreign produced followed. shelled or cleaned-inshell peanuts Such peanuts are required to undergo Foreign produced Segregation 2 and 3 which are cleaned, sorted, sized, and incoming inspection at a prearranged quality peanuts may be shelled by a otherwise prepared for edible buying point prior to arrival at a custom seed sheller for seed use and, if consumption prior to importation, are shelling or storage destination. All so disposed, such peanuts must be dyed sampled at the port-of-entry. The required inspections, shelling, and or chemically treated so as to be unfit importer must present such peanuts in dispositions of farmers stock peanuts for human or animal consumption. containers or bags that allow must be completed and reported within Domestically produced Segregation 2 appropriate sampling of the lot pursuant 23 days of entry, or, if a redelivery and 3 peanuts shelled for seed need not to inspection service requirements. notice is issued on the lot, within the be dyed or treated but must be produced After sampling, such lots are held at the 60-day redelivery period. under the auspices of a State agency, port-of-entry, under lot identification Foreign produced farmers stock shelled by a custom seed sheller, and requirements of the inspection service, peanut lots cannot be commingled with subject to PAC oversight. Measures such pending results of the inspection and other peanut lots prior to incoming as these are necessary to ensure that chemical analysis. Depending on inspection. Incoming inspection peanuts used for human consumption location of the port-of-entry, portions of determines the quality of the farmers are safe and wholesome. Proof of dyeing the samples are sent to an inspection stock peanuts based on moisture or chemical treatment of foreign service inspection facility for grade content, foreign material, damage, loose produced peanuts must be filed with inspection and to an aflatoxin laboratory shelled kernels, and visible Aspergillus AMS within 23 days of entry, or, if a Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31313 redelivery notice is issued on the lot, Aflatoxin appears most frequently in domestically produced peanuts. The within the 60-day redelivery period. damaged, stressed, under-developed required certificates must be received by Foreign produced farmers stock and malformed kernels. Domestic lots AMS within 23 days of entry, or, if a peanuts do not qualify for the support with fewer poor quality kernels are less redelivery notice is issued, within 60 program administered by the likely to be contaminated and, thus, do days of the redelivery notice. Department’s Farm Service Agency, not have to be chemically tested. The Cleaned-Inshell Peanuts formerly the Agricultural Stabilization Agreement’s ‘‘Indemnifiable Grades’’ and Conservation Service. table in paragraph (a) of § 998.200, Inshell peanuts that have been Shelled peanuts: Foreign produced provides for a superior quality level cleaned, sorted, and prepared in another shelled peanuts may: (1) Originate from with more rigorous percentage country for edible inshell peanut foreign produced Segregation 1 farmers tolerances than those found in the Other markets in the U.S. may be presented for stock milled at facilities in the U.S., or Edible Quality table. Foreign produced importation at the port-of-entry. Such (2) be peanuts produced and milled in shelled lots meeting the superior quality peanuts can be declared as cleaned- another country which are conditionally standards do not have to be chemically inshell peanuts on the Customs Service released at the port-of-entry for inland analyzed prior to their disposition for entry document and can either be sampling and inspection. Both human consumption. The quality presented for outgoing inspection at the categories of shelled peanuts must be requirements specified in the port-of-entry, if delivered in bags and sampled and inspected against outgoing ‘‘Indemnifiable Grades’’ table are presented is such a way as to be quality requirements specified in duplicated in ‘‘Table 2 Superior Quality accessible for sampling by the paragraph (c) of this regulation. Requirements—Peanuts for Human inspection service, or conditionally Domestically produced shelled Consumption’’ of this rule. released for outgoing inspection at a peanuts intended for edible markets Paragraph (c)(4) of § 998.200 provides facility inside the U.S. Because the must originate from farmers stock that peanuts are considered edible Department is unable to determine if peanuts which have undergone quality if the chemical assay shows the foreign produced cleaned-inshell incoming inspection and are determined lot contains 15 ppb or less of aflatoxin. peanuts come from Segregation 1 to be of Segregation 1 quality. AMS Thus, the level of aflatoxin in foreign peanuts, peanuts declared as cleaned- produced peanut lots intended for cannot determine whether peanuts inshell on a Customs Service entry edible peanut markets must not exceed produced and shelled in a foreign document must not undergo additional 15 ppb. Consistent with paragraphs country originated from Segregation 1 cleaning, sorting, sizing, or drying prior (c)(4) and (g)(3) of § 998.200, non-edible quality peanuts prior to shelling. to outgoing inspection at the destination quality peanut lots with 25 ppb or less However, because outgoing inspection point inside the U.S. must be disposed to certain non-edible and chemical analysis is more reliable Cleaned-inshell lots that fail outgoing peanut outlets. Disposition of non- and precise in determining aflatoxin inspection for inshell peanuts may be edible quality peanut lots with aflatoxin content in peanut kernels, this import reconditioned (remilled) and exceeding 25 ppb must be further regulation provides that peanuts shelled subsequently sampled and graded for restricted to certain other non-edible outgoing inspection. If there is any prior to importation are exempt from peanut outlets. The sampling, testing, indication that an imported farmers incoming inspection before delivery for certification and identification of stock lot is mislabeled or outgoing inspection. Such shelled foreign produced peanut lots must be misrepresented as cleaned-inshell peanuts must be sampled and tested performed in accordance with peanuts when entered, redelivery of the against outgoing quality requirements paragraph (d)(4) of this rule. prior to disposition to edible outlets. Chemical testing is performed by an lot will be required and the lot may not Two grade levels for shelled peanuts AMS, Science and Technology Division be reconditioned prior to redelivery to are in effect under the Agreement and laboratory or a laboratory approved by the port-of-entry. are established in this import regulation. the PAC. The PAC locally administers Cleaned-inshell peanut lots destined The Agreement provides that shelled the Agreement with Department for edible peanut markets are required peanut lots meeting the quality oversight. A list of approved to meet certain minimum quality inshell requirements specified in a table laboratories is provided in paragraph requirements for damage, moisture and entitled ‘‘Other Edible Quality,’’ under (d)(4)(iv) of this regulation. These are foreign material. Cleaned-inshell lots paragraph (a) of § 998.200, must be the same laboratories specified in the containing more than 1 percent kernels chemically analyzed for aflatoxin Agreement and any changes to the list with visible mold have to be chemically content prior to disposition to edible will be incorporated in this section. tested and meet minimum aflatoxin outlets. The quality requirements Thus, to obtain approval for human requirements. The cleaned-inshell specified in the Other Edible Quality consumption use of a foreign produced quality requirements specified in table are duplicated in ‘‘Table 1, shelled peanut lot, the importer must paragraph (c)(2) of this rule are the same Minimum Grade Requirements— present to AMS and the Customs as the quality requirements in paragraph Peanuts for Human Consumption’’ of Service two certifications: (1) Quality (b) of § 998.200 of the Agreement. this import regulation. The outgoing certification Form FV–184–9A ‘‘Milled Foreign produced farmers’ stock quality requirements also include a Peanut Inspection Certificate’’ and (2) Segregation 1 peanuts also can be parts-per-billion tolerance for aflatoxin, aflatoxin certification Form CSSD–3 prepared and presented at outgoing determined by chemical analysis. ‘‘Certificate of Analysis for Official inspection as cleaned-inshell peanuts. The Department has corrected an Samples’’ issued by USDA laboratories, Such peanuts inspected and certified as entry in Table 1. Minimum Grade or equivalent forms issued by a PAC meeting grade requirements for edible Requirements’’ as published in the approved lab. An aflatoxin certificate is cleaned-inshell peanuts must be proposed rule. Under the ‘‘Lots of not required if the lot meets the superior designated as imported peanuts on splits’’ category, the cite for Virginia grade requirements, but may be required inspection service form FV–184–9A. peanuts should read ‘‘Virginia (not less by the buyer. The certificates are the The importer must file form FV–184–9A than 90% splits).’’ The proposed rule same as those used to report grade and with AMS for each lot of foreign incorrectly stated not more than 90%. chemical analysis results for produced cleaned-inshell peanuts 31314 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations meeting edible quality requirements for can be crushed for oil, exported or used address of the non-edible peanut cleaned-inshell peanuts. in animal feed, provided that certain receiver and valid contact information Imported peanuts certified as meeting handling and container labeling must also be specified on the edible requirements can be used any requirements are followed. Unrestricted documentation. way desired. Only after shelled and peanuts also can be used for seed (if Disposition of unrestricted and cleaned-inshell peanuts are certified as dyed or treated to prevent edible use), restricted peanut lots must be reported meeting applicable requirements can crushed for oil, exported, or buried. to AMS within 23 days of filing for such peanuts be commingled with Meal resulting from the crushing of entry with the Customs Service, or, if a imported lots of other importers or unrestricted peanuts does not have to be redelivery notice is issued, within the domestically produced peanuts which tested a second time for aflatoxin 60-day redelivery period. As noted in also have been certified for human content. Disposition of meal resulting above, disposition of unrestricted and consumption. from the crushing of peanuts is not restricted peanut lots may be carried out and reported during the redelivery Disposition of Failing Peanuts regulated under the Agreement or this regulation. demand period. The following peanuts cannot be used Peanuts containing more than 25 ppb The inspection service identifies for human consumption: (1) Farmers’ aflatoxin are designated as ‘‘restricted’’ imported peanuts as peanuts of foreign stock peanuts that grade either peanuts. Restricted peanut lots may or origin on the inspection certificate to Segregation 2 or Segregation 3; (2) may not meet quality requirements of assist in lot identification. Foreign cleaned-inshell and shelled peanuts that Table 1. At the direction of the importer, origin designations also help AMS meet fail outgoing quality and/or aflatoxin restricted peanut lots must be used its monitoring responsibilities. requirements and are not reconditioned either for seed (if dyed or treated), From time to time, the PAC may or reworked (the removal of defective crushed for oil, destroyed by burying recommend to the Secretary that quality kernels); and (3) below grade residue (under supervision of the inspection requirements or handling procedures from any shelling, milling or blanching service), or exported. Meal resulting specified in the Agreement be revised. operations. from the crushing of restricted peanuts If such changes are approved by the Cleaned-inshell lots that fail outgoing must be certified as to aflatoxin content Secretary and implemented for the inspection requirements of paragraph and such certification must accompany domestic peanut industry in 7 CFR Part (c)(2) can be reconditioned by remilling the meal into the channels of commerce. 998, corresponding changes will be the peanuts, which can include shelling. The importer can dispose of a failing made in § 999.600. Changes in If shelled or remilled, the peanuts must peanut lot directly to a non-edible regulations for domestically produced meet outgoing requirements of peanut outlet or set aside and peanuts are generally made effective paragraph (c)(1) for shelled peanuts or commingle several failing lots for July 1. Thus, corresponding changes to (c)(2) for inshell peanuts. eventual disposition to one or more the import regulation will be made Failing lots of shelled peanuts, which non-edible outlets. Commingled failing effective on that date, or as close to that originated from Segregation 1 peanuts, quality peanuts must be held separate date as possible under informal can be reconditioned following and apart from edible peanuts and rulemaking, unless otherwise specified procedures established in paragraph (f) identified with red tags indicating non- in the regulation. Quality requirements of this rule. These provisions are the edible peanuts. Eventual disposition in effect on the date of inspection of a same as those established under various must be to non-edible peanut outlets foreign produced lot will be applied to provisions of the Agreement. consistent with the failing quality of the the inspected lot. Segregation 1 shelled peanuts which fail peanuts, pursuant to paragraph (e) of Safeguard Procedures quality requirements in Table 1 and/or this rule. exceed 15 ppb aflatoxin content can be If an importer chooses to destroy This rule establishes a procedure to reconditioned by remilling and/or unrestricted or restricted peanuts by verify importers’ compliance with blanching and, when subsequently burying, the peanuts must be lot import requirements. The safeguard reinspected and certified as meeting identified and disposition must be procedures provide for monitoring of edible quality and aflatoxin reported to AMS. The importer must peanut lots from importation to final requirements, can be disposed to edible provide inspection service and Customs disposition. The purpose of these peanut outlets. If not reconditioned, Service certification if a lot is buried, or procedures are to ensure that foreign failing Segregation 1 lots must be a Customs Service export declaration if produced peanuts either meet edible disposed to non-edible peanut outlets as a lot is exported. Customs Service requirements or are appropriately unrestricted or restricted peanuts as procedures controlling re-exported disposed to non-edible peanut outlets, described below. merchandise must also be followed by exported or destroyed. The safeguard Provisions controlling the disposition the importer. Burying and exportation procedures are similar to safeguard of residue peanuts from inshell expenses are borne by the importer. procedures already in place for other remilling and shelled remilling and It is the importer’s responsibility to imported commodities and are blanching that continue to fail edible file inspection certificates and other consistent with the inspection, quality requirements are also provided documentation sufficient to account for identification and certification in this rule. Two categories of non- disposition of all failing quality peanuts requirements applied to domestically edible peanuts are specified under the acquired by the importer. Such proof produced peanuts under the Agreement. Agreement—‘‘unrestricted’’ and consists of copies of bills of lading and The safeguard process includes the ‘‘restricted.’’ The designation is based sales receipts between the importer and ‘‘stamp-and-fax’’ entry procedure, as on the amount of aflatoxin detected in non-edible peanut outlet receivers. The already described, whereby the importer the lot. ‘‘Unrestricted’’ peanuts are documentation must contain identifying provides the Customs Service with an peanuts which fail one or more quality information, such as container or lot entry document stamped by the requirements and, when chemically numbers, that tie the peanuts reported inspection service. The importer also assayed, contain more than 15 ppb but on the documents to failing quality files a copy of the entry document with 25 ppb or less aflatoxin. While such peanuts on inspection service or AMS and forwards a copy, with the peanuts are of non-edible quality, they aflatoxin certificates. The name and released lot, to the inland destination Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31315 where the lot is to be inspected or approved by the Office of Management Authority: 7 U.S.C. 601–674; and 7 U.S.C. warehoused. Edible certification and and Budget (OMB) on a temporary basis 1445c–3. non-edible disposition is reported by and have been assigned OMB number 2. A new § 999.600 is added to part filing with AMS copies of all grade 0581–0176. A 60-day period was 999 to read as follows: certificates, aflatoxin certificates, and established in the proposed rule to proof of non-edible disposition. Such receive comments on the information § 999.600 Regulation governing imports of certifications must be filed within 23 collection requirements. All responses peanuts. days of filing for entry, or, if a redelivery to the request for comments will be (a) Definitions. (1) Peanuts means the notice is issued, within the 60-day summarized and included in the request seeds of the legume Arachis hypogaea redelivery period. for OMB approval. All comments will and includes both inshell and shelled Failure to report or redeliver peanuts become a matter of public record. peanuts produced in countries other within applicable time frames could In addition to the reporting than the United States, other than those result in liquidated damages against the requirements, this rule establishes that marketed in green form for consumption importer. importers and customs brokers retain as boiled peanuts. Certificates and other supplementary copies of all certifications and entry (2) Farmers stock peanuts means documentation must be sent to AMS, documentation for not less than two picked and threshed raw peanuts which Marketing Order Administration Branch years after the calendar year of have not been shelled, crushed, cleaned (MOAB) which oversees the domestic acquisition. This is a commonly or otherwise changed (except for peanut program and this import accepted records retention period and removal of foreign material, loose program. Facsimile or express mail within good business practices. The shelled kernels, and excess moisture) deliveries can be used to ensure timely time for maintaining records by filing from the form in which customarily receipt of certificates and other required each document internally is included in marketed by producers. documentation. Overnight and express the filing estimate. The information (3) Inshell peanuts means peanuts, the mail deliveries should be addressed to collected is used only for compliance kernels or edible portions of which are the USDA, AMS, Marketing Order purposes by personnel of the contained in the shell. Administration Branch, 14th and Department. (4) Incoming inspection means the Independence Avenue, SW., Room The reporting and recordkeeping sampling and inspection of farmers 2525, Washington, DC 20250, Attn: requirements established in this rule stock peanuts to determine Segregation Report of Imported Peanuts. The will enable the Department to oversee quality. MOAB’s fax number is (202) 720–5698, the entry of peanuts and help ensure (5) Segregation 1 peanuts, unless Attn: Report of Imported Peanuts. that only good quality, wholesome otherwise specified, means farmers For the purposes of checking and peanuts will be used in edible peanut stock peanuts with not more than 2 verifying reports filed by importers and outlets in the U.S. Without the quality percent damaged kernels nor more than disposition outlets, this regulation requirements specified in the 1.00 percent concealed damage caused provides that importers must allow the Agreement (7 CFR Part 998), regulations by rancidity, mold, or decay and which Secretary, through duly authorized for non-signatory handlers (7 CFR Part are free from visible Aspergillus flavus agents, to have access to any premises 997), and these regulations, poor quality mold. where peanuts may be held and peanuts could more easily be entered (6) Segregation 2 peanuts, unless processed. Authorized agents, at any into edible channels, causing consumer otherwise specified, means farmers time during regular business hours, are dissatisfaction and having a negative stock peanuts with more than 2 percent permitted to inspect any peanuts held, impact on the market for peanuts and damaged kernels or more than 1.00 and any and all records with respect to peanut products. Compliance with these percent concealed damage caused by the acquisition, holding or disposition standards help the peanut industry in rancidity, mold, or decay and which are of any peanuts which may be held, or its efforts to expand markets. free from visible Aspergillus flavus which may have been disposed by that Although these requirements result in mold. importer. some additional costs for importers, the (7) Segregation 3 peanuts, unless USDA record retention requirements benefits from restricting low quality otherwise specified, means farmers’ also are established to require importers peanuts from edible markets outweigh stock peanuts with visible Aspergillus to retain information for at least two any additional inspection, handling, flavus mold. years beyond the year of applicability. recordkeeping and reporting costs (8) Shelled peanuts means the kernels Customs Service record retention resulting from the requirements. These of peanuts after the shells are removed. requirements are longer. requirements have been carefully (9) Outgoing inspection means the The handling of each imported lot reviewed and every effort has been sampling and inspection of either: must be consistent with Customs made to minimize any unnecessary shelled peanuts which have been Service procedures and reported in reporting and recordkeeping costs. cleaned, sorted, sized and otherwise accordance with normal Customs List of Subjects in 7 CFR part 999 prepared for human consumption Service requirements. Any Customs markets; or inshell peanuts which have Service reporting or recordkeeping Dates, Filberts, Food grades and been cleaned, sorted and otherwise requirements for disposition of standards, Imports, Nuts, Peanuts, prepared for inshell human imported merchandise or clearance of Prunes, Raisins, Reporting and consumption markets. bonding requirements are not recordkeeping requirements, Walnuts. (10) Negative aflatoxin content means For the reasons set forth in the superseded by this regulation. 15 parts-per-billion (ppb) or less for preamble, 7 CFR part 999 is amended as peanuts which have been certified as Paperwork Reduction Act follows: meeting edible quality grade In accordance with the Paperwork PART 999ÐSPECIALTY CROPS; requirements, and 25 ppb or less for Reduction Act of 1980 (44 U.S.C. IMPORT REGULATIONS non-edible quality peanuts. Chapter 35) as amended in 1995, the (11) Person means an individual, information and collection requirements 1. The authority citation for 7 CFR partnership, corporation, association, or that are contained in this rule have been part 999 is revised to read as follows: any other business unit. 31316 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(12) Secretary means the Secretary of over a sand-screen before storage, or Residuals from the shelling of Agriculture of the United States or any shipped directly to a plant for prompt Segregation 1 seed peanuts shall be held officer or employee of the United States shelling. The term sand-screen means and/or milled separate and apart from Department of Agriculture (Department any type of farmers stock cleaner which, other peanuts, and such residuals or USDA) who is, or who may hereafter when in use, removes sand and dirt. meeting quality requirements specified be, authorized to act on behalf of the (iii) Damage. For the purpose of in paragraph (c)(1) of this section may Secretary. determining damage, other than be disposed to human consumption (13) Inspection service means the concealed damage, on farmers stock channels, and any portion not meeting Federal or Federal-State Inspection peanuts, all percentage determinations such quality requirements shall be Service, Fruit and Vegetable Division, shall be rounded to the nearest whole disposed to non-edible peanut channels Agricultural Marketing Service, USDA. number. pursuant to paragraph (e) of this section. (14) USDA laboratory means (iv) Loose shelled kernels. Peanuts Segregation 2 and 3 peanuts may be laboratories of the Science and may not contain more than 14.49 shelled for seed purposes but must be Technology Division, Agricultural percent loose shelled kernels, except dyed or chemically treated so as to be Marketing Service, USDA, that that peanuts having a higher loose unfit for human or animal consumption. chemically analyze peanuts for aflatoxin shelled kernel content may be imported All disposition of seed peanuts and content. if held separately until milled or residuals from seed peanuts shall be (15) PAC approved laboratories means shipped directly to a shelling facility for reported to the Secretary pursuant to laboratories approved by the Peanut prompt shelling. All percentage paragraphs (g)(2) and (g)(3) of this Administrative Committee, pursuant to determinations shall be rounded to the section. The receiving seed outlet must Peanut Marketing Agreement No. 146 (7 nearest whole number. Kernels which retain records of the transaction, CFR Part 998), that chemically analyze ride screens with the following or larger pursuant to paragraph (h)(7) of this peanuts for aflatoxin content. slot openings may be separated from section. (16) Conditionally released means loose shelled kernels: Runner—16⁄64 x 3⁄4 released from Customs Service custody inch; Spanish and Valencia—15⁄64 x 3⁄4 (3) Oilstock and exportation. Farmers for further handling (sampling, inch; Virginia—15⁄64 x 1 inch. If so stock peanuts of lower quality than inspection, chemical analysis, or separated, those loose shelled kernels Segregation 1 (Segregation 2 and 3 storage) before final release. which ride the screens may be included peanuts) shall be used only in non- (17) Importation means the arrival of with shelled peanuts prepared for edible outlets as provided herein. a peanut shipment at a port-of-entry inspection and sale for human Segregation 2 and 3 peanuts may be with the intent to enter the peanuts into consumption: Provided, That no more commingled but shall be kept separate channels of commerce of the United than 5 percent of such loose shelled and apart from edible quality peanut States. kernels are kernels which would fall lots. Commingled Segregation 2 and 3 (b) Incoming regulation: (1) Farmers through screens with such minimum peanuts and Segregation 3 peanuts shall stock peanuts presented for prescribed openings. Those loose be disposed only to oilstock, exported consumption must undergo incoming shelled kernels which do not ride the inshell, or exported as shelled if inspection. Only Segregation 1 peanuts screens shall be removed from the fragmented as provided in paragraph may be used for human consumption. farmers’ stock peanuts and shall be held (e)(3) of this section. Shelled peanuts All foreign produced farmers stock separate and apart from other peanuts and cleaned-inshell peanuts which fail peanuts for human consumption must and disposed of for non-edible use, to meet the requirements for human be sampled and inspected at a buying pursuant to paragraph (e) of this section. consumption in paragraph (b)(1) may be point or other handling facility capable If the kernels which ride the prescribed crushed for oil or exported. of performing incoming sampling and screen are not separated from the (4) Whenever the Secretary has reason inspection. Sampling and inspection kernels which do not ride the prescribed to believe that peanuts may have been shall be conducted by the inspection screen, the entire amount of loose damaged or deteriorated while in service. Only Segregation 1 peanuts shelled kernels shall be removed from storage, the Secretary may reject the certified as meeting the following the farmers stock peanuts and shall be then effective inspection certificate and requirements may be used in human held separate and apart and disposed of may require the importer to have the consumption markets: for non-edible use, pursuant to peanuts reinspected to establish (i) Moisture. Except as provided under paragraph (e) of this section. whether or not such peanuts may be paragraph (b)(2) Seed peanuts, of this (2) Seed peanuts. Farmers stock disposed of for human consumption. section, peanuts may not contain more peanuts determined to be Segregation 1 than 10.49 percent moisture: Provided, quality, and shelled peanuts certified (c) Outgoing regulation. No person That peanuts of a higher moisture negative to aflatoxin (15 ppb or less), shall import peanuts for human content may be received and dried to may be imported for seed purposes. consumption into the United States not more than 10.49 percent moisture Disposition of such peanuts to a seed unless such peanuts are lot identified prior to storage or milling. outlet must be reported to the Secretary and certified by the inspection service (ii) Foreign material. Peanuts may not by submitting a copy of the bill of lading as meeting the following requirements: contain more than 10.49 percent foreign or sales contract which reports the (1)(i) Shelled peanuts. All shelled material, except that peanuts having a weight of the peanuts so disposed, and peanuts shall at least meet the higher foreign material content may be the name, address and telephone requirements specified in Table 1 as held separately until milled, or moved number of the receiving seed outlet. follows: Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31317

TABLE 1.ÐMINIMUM GRADE REQUIREMENTSÐPEANUTS FOR HUMAN CONSUMPTION [Whole Kernels and Splits]

Maximum limitations Excluding lots of ``splits'' Unshelled Unshelled peanuts, peanuts and damaged Fall through Foreign ma- Type and grade damaged kernels and terials (per- Moisture category kernels minor cent) (percent) (percent) defects Sound split and Sound whole ker- (percent) broken kernels nels Total

Runner ...... 1.50 2.50 3.00%; 17¤64 inch 3.00%; 16¤64× 3¤4 4.00%; both .20 9.00 round screen. inch; slot screens. screen. Virginia (except No. 2) ..... 1.50 2.50 3.00%; 17¤64 inch; 3.00%; 15¤64×1 4.00%; both .20 9.00 round screen. inch; slot screens. screen. Spanish and Valencia ...... 1.50 2.50 3.00%; 16¤64 inch; 3.00%; 15¤64×3¤4 4.00%; both .20 9.00 round screen. inch; slot screens. screen. No. 2 Virginia ...... 1.50 3.00 6.00%; 17¤64 inch; 6.00%; 15¤64×1 6.00%; both .20 9.00 round screen. inch; slot screens. screen.

Lots of ``Splits''

Runner (not more than 4% 1.50 2.50 3.00%; 17¤64 inch; 3.00%; 14¤64×3¤4 4.00%; both .20 9.00 sound whole kernels). round screen. inch; slot screens. screen. Virginia (not less than 1.50 2.50 3.00%; 17¤64 inch; 3.00%; 14¤64×1 4.00%; both .20 9.00 90% splits). round screen. inch slot screens. screen. Spanish and Valencia (not 1.50 2.50 3.00%; 16¤64 inch; 3.00%; 13¤64×3¤4 4.00%; both .20 9.00 more than 4% sound round screen. inch; slot screens. whole kernels). screen.

(ii) Peanuts meeting the specifications in Table 1 must also be certified ‘‘negative’’ to aflatoxin content, pursuant to paragraph (d)(4) of this section, prior to shipment to domestic human consumption markets. Shelled peanuts meeting requirements specified in Table 2 must be sampled pursuant to paragraph (d)(4) of this section but may be disposed to human consumption outlets without testing for aflatoxin.

TABLE 2.Ð SUPERIOR QUALITY REQUIREMENTSÐPEANUTS FOR HUMAN CONSUMPTION [Whole Kernels and Splits]

Maximum limitations Unshelled Unshelled peanuts, Fall through peanuts and damaged Foreign ma- Type and grade damaged kernels and terials Moisture category kernels minor Sound split and Sound whole ker- (percent) (percent) (percent) defects broken kernels nels Total (percent) (percent) (percent)

Runner U.S. No.1 and 1.25 2.00 3.00%; 17¤64 inch, 3.00%; 16¤64 x 3¤4 4.00%; both .10 9.00 better. round screen. inch, slot screens. screen. Virginia U.S. No.1 and 1.25 2.00 3.00%; 17¤64 inch, 3.00%; 15¤64 x 1 4.00%; both .10 9.00 better. round screen. inch, slot screens. screen. Spanish and Valencia 1.25 2.00 3.00%; 16¤64 inch, 2.00%; 15¤64 x 3¤4 4.00%; both .10 9.00 U.S. No.1 and better. round screen. inch, slot screens. screen. Runner U.S. Splits (not 1.25 2.00 2.00%; 17¤64 inch, 3.00%; 14¤64 x 3¤4 4.00%; both .20 9.00 more than 4% sound, round screen. inch, slot screens. whole kernels). screen. 31318 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

TABLE 2.Ð SUPERIOR QUALITY REQUIREMENTSÐPEANUTS FOR HUMAN CONSUMPTIONÐContinued [Whole Kernels and Splits]

Maximum limitations Unshelled Unshelled peanuts, Fall through peanuts and damaged Foreign ma- Type and grade damaged kernels and terials Moisture category kernels minor Sound split and Sound whole ker- (percent) (percent) (percent) defects broken kernels nels Total (percent) (percent) (percent)

Virginia U.S. Splits (not 1.25 2.00 3.00%; 17¤64 inch, 3.00%; 14¤64 x 1 4.00%; both .20 9.00 less than 90% splits and round screen. inch, slot screens. not more than 3.00% screen. sound whole kernels and portions passing through 20¤64 inch round screen). Spanish and Valencia 1.25 2.00 2.00%; 16¤64 inch, 3.00%; 13¤64 x 3¤4 4.00%; both .20 9.00 U.S. Splits (not more round screen. inch, slot screens. than 4% sound, whole screen. kernels). Runner with splits (not 1.25 2.00 3.00%; 17¤64 inch, 3.00%; 16¤64 x 3¤4 4.00%; both .10 9.00 more than 15% sound round screen. inch, slot screens. splits). screen. Virginia with splits (not 1.25 2.00 3.00%; 17¤64 inch, 3.00%; 15¤64 x 1 4.00%; both .10 9.00 more than 15% sound round screen. inch, slot screens. splits). screen. Spanish and Valencia with 1.25 2.00 3.00%; 16¤64 inch, 2.00%; 15¤64 x 3¤4 4.00%; both .10 9.00 splits (not more than round screen. inch, slot screens. 15% sound splits). screen.

(2) Cleaned-inshell peanuts. Peanuts country prior to arrival in the U.S. and certification, identification, and declared as cleaned-inshell peanuts may shelled peanuts which originated from disposition incurred in meeting the be presented for sampling and outgoing Segregation 1 peanuts that fail quality requirements of this section shall be inspection in bags at the port-of-entry. requirements of Table 1 (excessive paid by the importer. Whenever peanuts Alternatively, peanuts may be damage, minor defects, moisture, or are offered for inspection, the importer conditionally released as cleaned- foreign material) or are positive to shall furnish any labor and pay any inshell peanuts but shall not aflatoxin may be reconditioned by costs incurred in moving and opening subsequently undergo any cleaning, remilling and/or blanching. After such containers as may be necessary for sorting, sizing or drying process prior to reconditioning, peanuts meeting the proper sampling and inspection. presentation for outgoing inspection as quality requirements of Table 1 and (2) For farmers stock inspection, the cleaned-inshell peanuts. Cleaned- which are negative to aflatoxin (15 ppb importer shall cause the inspection inshell peanuts which fail outgoing or less) may be disposed for edible service to perform an incoming inspection may be reconditioned or peanut use. Residuals resulting from inspection and to issue an CFSA–1007, redelivered to the port-of-entry, at the such reconditioning of failing lots shall ‘‘Inspection Certificate and Sales option of the importer. Cleaned-inshell be positive lot identified, and red-tagged Memorandum’’ form designating the lot peanuts determined to be unprepared if in sacks, and disposed of pursuant to as Segregation 1, 2, or 3 quality peanuts. farmers stock peanuts must be inspected paragraphs (g)(2) and (g)(3) of this For shelled and cleaned-inshell peanuts, against incoming quality requirements section. the importer shall cause the inspection and determined to be Segregation 1 (d) Sampling and inspection. (1) All service to perform an outgoing peanuts prior to outgoing inspection for inspection and issue an FV–184–9A, cleaned-inshell peanuts. Cleaned- sampling and inspection, quality certification, chemical analysis, and lot ‘‘Milled Peanut Inspection Certificate’’ inshell peanuts intended for human reporting quality and size of the shelled consumption may not contain more identification, required under this section, shall be done by the inspection or cleaned-inshell peanuts, whether the than: lot meets or fails to meet quality (i) 1.00 percent kernels with mold service, a USDA laboratory, or a PAC- approved laboratory, as applicable, in requirements for human consumption of present, unless a sample of such this section, and that the lot originated peanuts is drawn by the inspection accordance with the procedures specified herein. The importer shall in a country other than the United service and analyzed chemically by a States. The importer shall provide to the USDA or PAC approved laboratory and make arrangements with the inspection service for sampling, inspection, lot Secretary copies of all CFSA 1007 and certified ‘‘negative’’ as to aflatoxin. FV–184–9A applicable to each peanut (ii) 2.00 percent peanuts with identification and certification of all lot conditionally released to the damaged kernels; peanuts accumulated by the importer. (iii) 10.00 percent moisture (carried to The importer also shall make importer. Such reports shall be the hundredths place); and arrangements for the appropriate submitted as provided in paragraphs (iv) 0.50 percent foreign material. disposition of peanuts failing edible (g)(2) and (g)(3) of this section. (3) Reconditioned peanuts. Peanuts quality requirements of this section. All (3) Procedures for sampling and shelled, sized and sorted in another costs of sampling, inspection, testing peanuts. Sampling and testing of Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31319 peanuts for incoming and outgoing (C) Questions regarding inspection assay to a USDA or PAC-approved inspections of peanuts presented for services or requests for further laboratory. Both subsamples shall be consumption into the United States will assistance may be obtained from: Fresh accompanied by a notice of sampling be conducted as follows: Products Branch, P.O. Box 96456, room signed by the inspector containing (i) Application for sampling. The 2049–S, Fruit and Vegetable Division, identifying information as to the importer shall request inspection and AMS, USDA, Washington, D.C. 20090– importer, the lot identification of the certification services from one of the 6456, telephone (202) 690–0604, fax shelled peanut lot, and other following inspection service offices (202) 720–0393. information deemed necessary by the (ii) Sampling. Sampling of bulk convenient to the location where the inspection service. Subsamples 1– farmers’ stock lots shall be performed at peanuts are presented for incoming and/ ABIMP and 1–CDIMP shall be analyzed a facility that utilizes a pneumatic or outgoing inspection. To avoid only in a USDA or PAC-approved sampler or approved automatic possible delays, the importer should laboratory. The methods prescribed by sampling device. The size of farmers’ make arrangements with the inspection the Instruction Manual for Aflatoxin stock lots, shelled lots, and cleaned- service in advance of the inspection Testing, SD Instruction-1, August 1994, inshell lots, in bulk or bags, shall not date. A copy of the Customs Service shall be used to assay the aflatoxin exceed 200,000 pounds. For farmers’ entry document specific to the peanuts level. The cost of testing and stock, shelled and cleaned-inshell lots to be inspected shall be presented to the notification of Subsamples 1–ABIMP not completely accessible for sampling, and 1–CDIMP shall be borne by the inspection official prior to sampling of the applicant shall be required to have the lot. importer. lots made accessible for sampling (iii) The samples designated as (A) The following offices provide pursuant to inspection service Sample 2IMP and Sample 3IMP shall be incoming farmers stock inspection: requirements. The importer shall cause held as aflatoxin check-samples by the Dothan, AL, tel: (205) 792–5185, appropriate samples of each lot of edible inspection service or the importer until Graceville, FL, tel: (904) 263–3204, quality shelled peanuts to be drawn by the analyses results from Sample 1IMP Winter Haven, FL, tel: (813) 291–5820, ext the inspection service. The amount of are known. Upon call from the USDA or 260, such peanuts drawn shall be large PAC-approved laboratory, the importer Albany, GA, tel: (912) 432–7505, enough to provide for a grade and size shall cause Sample 2IMP to be ground Williamston, NC, tel: (919) 792–1672, analysis, for a grading check-sample, by the inspection service in a Columbia, SC, tel: (803) 253–4597, and for three 48-pound samples for Suffolk, VA, tel: (804) 925–2286, subsampling mill. The resultant ground aflatoxin assay. Because there is no subsample from Sample 2IMP shall be Portales, NM, tel: (505) 356–8393, acceptable method of drawing official Oklahoma City, OK, tel: (405) 521–3864, designated as ‘‘Subsample 2–ABIMP.’’ Gorman, TX, tel: (817) 734–3006, samples from bulk conveyances of Upon further call from the laboratory, Yuma, AZ, tel: (602) 344–3869. shelled peanuts, the importer shall the importer shall cause Sample 3IMP to arrange to have bulk conveyances of be ground by the inspection service in (B) The following offices, in addition shelled peanuts sampled during the a subsampling mill. to the offices listed in paragraph (d)(3)(i) unloading process. A bulk lot sampled The resultant ground subsample shall (A) of this section, provide outgoing in this manner must be positive lot be designated as ‘‘Subsample 3– sampling and/or inspection services, identified by the inspection service and ABIMP.’’ The importer shall cause and certify shelled and cleaned-inshell held in a sealed bin until the associated Subsamples 2–ABIMP and 3–ABIMP to peanuts as meeting or failing the quality inspection and aflatoxin test results be sent to and analyzed only in a USDA requirements of this section: have been reported. or PAC-approved laboratory. Each (4) Aflatoxin assay. (i) The importer Eastern U.S. subsample shall be accompanied by a shall cause appropriate samples of each notice of sampling. The results of each Mobile, AL, tel: (205) 690–6154, lot of shelled peanuts intended for Jacksonville, FL, tel: (904) 359–6430, assay shall be reported by the laboratory edible consumption to be drawn by the to the importer. All costs involved in Miami, FL, tel: (305) 592–1375, inspection service. The three 48-pound Tampa, FL, tel: (813) 272–2470, the sampling, shipment and assay samples shall be designated by the Presque Isle, ME, tel: (207) 764–2100, analysis of subsamples required by this Baltimore/Washington, tel: (301) 344–1860, inspection service as ‘‘Sample 1IMP,’’ section shall be borne by the importer. Boston, MA, tel: (617) 389–2480, ‘‘Sample 2IMP,’’ and ‘‘Sample 3IMP’’ (iv)(A) Importers should contact one Newark, NJ, tel: (201) 645–2670, and each sample shall be placed in a of the following USDA or PAC-approved New York, NY, tel: (212) 718–7665, suitable container and lot identified by laboratories to arrange for chemical Buffalo, NY, tel: (716) 824–1585, the inspection service. Sample 1IMP analysis. Philadelphia, PA, tel: (215) 336–0845, may be prepared for immediate testing Norfolk, VA, tel: (804) 441–6218, or Samples 1IMP, 2IMP and 3IMP may Science and Technology Division, AMS/ be returned to the importer for testing at USDA, P.O. Box 279, 301 West Pearl St., Central U.S. Aulander, NC 27805, Tel: (919) 345–1661 New Orleans, LA, tel: (504) 589–6741, a later date, under lot identification Ext. 156, Fax: (919) 345–1991 Detroit, MI, tel: (313) 226–6059, procedures. Science and Technology Division, AMS/ St. Paul, MN, tel: (612) 296–8557, (ii) The importer shall cause Sample USDA, 1211 Schley Ave., Albany, GA Las Cruces, NM, tel: (505) 646–4929, 1IMP to be ground by the inspection 31707, Tel: (912) 430–8490 / 8491, Fax: Alamo, TX, tel: (210) 787–4091, service or a USDA or PAC-approved (912) 430–8534 El Paso, TX, tel: (915) 540–7723, laboratory in a subsampling mill. The Science and Technology Division, AMS/ Houston, TX, tel: (713) 923–2557, resultant ground subsample shall be of USDA, P.O. Box 488, Ashburn, GA 31714, Tel: (912) 567–3703 Western U.S. a size specified by the inspection service and shall be designated as Science and Technology Division, AMS/ Nogales, AZ, tel: (602) 281–0783, USDA, 610 North Main St., Blakely, GA Los Angeles, CA, tel: (213) 894–2489, ‘‘Subsample 1–ABIMP.’’ At the 31723, Tel: (912) 723–4570, Fax: (912) San Francisco, CA, tel: (415) 876–9313, importer’s option, a second subsample 723–3294 Honolulu, HI, tel: (808) 973–9566, may also be extracted from Sample Science and Technology Division, AMS/ Salem, OR, tel: (503) 986–4620, 1IMP and designated ‘‘Subsample 1– USDA, P.O. Box 1368, Dothan, AL 36301, Seattle, WA, tel: (206) 859–9801. CDIMP’’ which may be sent for aflatoxin Tel: (205) 792–5185, Fax: (205) 671–7984 31320 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

Science and Technology Division, AMS/ file USDA Form CSSD–3, or equivalent commingled during or after USDA, 107 South Fourth St., Madill, OK form, with the Secretary, regardless of fragmentation and, if certified as 73446, Tel: (405) 795–5615, Fax: (405) result. meeting fragmentation requirements by 795–3645 (5) Appeal inspection. In the event an the inspection service, such fragmented Science and Technology Division, AMS/ USDA, P.O. Box 272, 715 N. Main Street, importer questions the results of a peanuts may be exported. For the Dawson, GA 31742, Tel: (912) 995–7257, quality and size inspection, an appeal purposes of this section, the term Fax: (912) 995–3268 inspection may be requested by the fragmented means that not more than 30 Science and Technology Division, AMS/ importer and performed by the percent of the peanuts shall be whole USDA, P.O. Box 1130, 308 Culloden St., inspection service. A second sample kernels that ride the following screens, Suffolk, VA 23434, Tel: (804) 925–2286, will be drawn from each container and by type: Spanish—15⁄64 x 3⁄4 inch slot; Fax: (804) 925–2285 shall be double the size of the original Runner—16⁄64 x 3⁄4 inch slot; and ABC Research, 3437 SW 24th Avenue, sample. The results of the appeal Virginia—15⁄64 x 1 inch slot. All peanut Gainesville, FL 32607–4502, Tel: (904) 372–0436, Fax: (904) 378–6483 sample shall be final and the fee for lots exported must be lot identified by J. Leek Associates, Inc., P.O. Box 50395, 1200 sampling, grading and aflatoxin analysis the inspection service, certified as Wyandotte (31705), Albany, GA 31703– shall be charged to the importer. exported by the Customs Service, and 0395, Tel: (912) 889–8293, Fax: (912) 888– (e) Disposition of peanuts failing reported to AMS pursuant to paragraphs 1166 edible quality requirements. (1) Peanuts (g)(2) and (g)(3) of this section. J. Leek Associates, Inc., P.O. Box 368, 675 failing grade and/or aflatoxin Applicable Customs Service procedures East Pine, Colquitt, GA 31737, Tel: (912) requirements shall be designated as for the export of merchandise must be 758–3722, Fax: (912) 758–2538 non-edible quality ‘‘unrestricted’’ followed. J. Leek Associates, Inc., P.O. Box 6, 502 West peanuts or ‘‘restricted’’ peanuts and (4) Unrestricted fall through may be Navarro St., DeLeon, TX 76444, Tel: (817) shall be crushed for oil, exported, or 893–3653, Fax: (817) 893–3640 disposed for use as wild-life feed and J. Leek Associates, Inc., P.O. Box 548, 42 N. disposed to other non-edible outlets as rodent bait, if in labeled containers. Ellis St., Camilla, GA 31730, Tel: (912) specified in this section. For the (5) Seed peanuts which are 336–8781, Fax: (912) 336–0146 purposes of this regulation, the term chemically treated causing them to be Pert Laboratories, P.O. Box 267, Peanut ‘‘non-edible quality unrestricted unfit for edible or animal feed use shall Drive, Edenton, NC 27932, Tel: (919) 482– peanuts’’ means loose shelled kernels, be exempt from the requirements of 4456, Fax: (919) 482–5370 fall through, and pickouts from—and paragraph (c) of this section. Pert Laboratory South, P.O. Box 149, Hwy 82 the entire milled production of— (6) Meal produced from the crushing East, Seabrook Drive, Sylvester, GA 31791, Segregation 1, Segregation 2, and of unrestricted peanuts shall be exempt Tel: (912) 776–7676, Fax: (912) 776–1137 commingled Segregation 1 and 2 from further aflatoxin testing. Meal Professional Service Industries, Inc., 3 Burwood Lane, San Antonio, TX 78216, farmers stock peanuts which contain produced from the crushing of restricted Tel: (210) 349–5242, Fax: (210) 342–9401 more than 15 ppb and 25 ppb or less peanuts shall be tested and the Southern Cotton Oil Company, 600 E. Nelson aflatoxin. The term ‘‘non-edible quality numerical test result of the chemical Street, P.O. Box 180, Quanah, TX 79252, restricted peanuts’’ means loose shelled assay shall be shown on a certificate Tel: (817) 663–5323, Fax: (817) 663–5091 kernels, fall through, and pickouts covering each lot and the certification Quanta Lab, 9330 Corporate Drive, Suite 703, from—and the entire milled production shall accompany each shipment or Selma, TX 78154–1257, Tel: (210) 651– of—Segregation 1, Segregation 2, and disposition. 5799, Fax: (210) 651–9271. commingled Segregation 1 and 2 (7) Non-edible quality restricted (B) Further information concerning farmers stock peanuts which contain in peanuts may be crushed for oil or the chemical analyses required pursuant excess of 25 ppb aflatoxin. The term exported: Provided, That such peanuts to this section may be obtained from: loose shelled kernels means peanut are positive lot identified, bagged, red Science and Technology Division, kernels or portions of kernels tagged, and so certified by the USDA/AMS, P.O. Box 96456, room completely free of their hulls, as found inspection service. 3507–S, Washington, DC 20090–6456, in deliveries of farmers stock peanuts or (8) All certifications and proof of non- telephone (202) 720–5231, or facsimile those which fail to ride the screens edible dispositions sufficient to account (202) 720–6496. prescribed in paragraph (b)(1)(iv) of this for all peanuts in each consumption (v) Reporting aflatoxin assays. A section; the term fall through means entry filed by the importer must be separate aflatoxin assay certificate, Form sound split and broken kernels and reported to the Secretary by the CSSD–3 ‘‘Certificate of Analysis for whole kernels which pass through importer pursuant to paragraphs (g)(2) Official Samples’’ or equivalent PAC specified screens; and the term pickouts and (g)(3) of this section. approved laboratory form, shall be means those peanuts removed during (f) Reconditioning of failing peanuts: issued by the laboratory performing the the final milling process at the picking (1) Importers may remill and/or blanch analysis for each lot. The assay table, by electronic equipment, or shelled peanuts which originated from certificate shall identify the importer, otherwise during the milling process. Segregation 1 peanuts that fail quality the volume of the peanut lot assayed, (2) Non-edible quality unrestricted requirements of Table 1 or are positive date of the assay, and numerical test peanuts may be disposed to animal feed: to aflatoxin. After such reconditioning, result of the assay. The results of the Provided, That such peanuts are peanuts meeting the quality assay shall be reported as follows. certified by the inspection service as to requirements of Table 1 and which are (A) Lots containing 15 ppb or less moisture, foreign material content and certified negative to aflatoxin (15 ppb or aflatoxin content shall be certified as treated with a coloring agent or dyeing less) may be disposed for edible use. ‘‘Meets U.S. import requirements for solution covering at least 80 percent of (2) Whole lots of remilled and/or edible peanuts under § 999.600 with the peanuts, handled and shipped under blanched peanuts, and residuals of such regard to aflatoxin.’’ lot identification procedures. Except for peanuts, which continue to fail quality (B) Lots containing more than 15 ppb bulk loads, red tags shall be used and requirements of Table 1 and contain 25 aflatoxin content shall be certified as marked ‘‘Animal Feed, Not For Human ppb or less aflatoxin content shall be ‘‘Fails to meet U.S. import requirements Consumption.’’ considered ‘‘non-edible quality for edible peanuts under § 999.600 with (3) Lots of non-edible quality unrestricted’’ peanuts and shall be regard to aflatoxin.’’ The importer shall unrestricted peanuts may be disposed as ‘‘unrestricted’’ peanuts Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31321 crushed for oil, exported, or animal Marketing Order Administration Service regulations. Commingled lots feed, pursuant to provisions of Branch, Attn: Report of Imported must be reported and disposed of paragraph (e) of the section. Meal Peanuts. Facsimile transmissions and pursuant to paragraphs (e)(2) and (e)(3) produced from unrestricted peanuts overnight mail may be used to ensure respectively of this section. shall be disposed pursuant to paragraph timely receipt of inspection certificates (3) Inspection by the Federal or (e)(6) of this section. and other documentation. Fax reports Federal-State Inspection Service shall be (3) Whole lots of remilled and/or should be sent to (202) 720–5698. available and performed in accordance blanched peanuts, and residuals of such Overnight and express mail deliveries with the rules and regulations governing peanuts, which continue to fail quality should be addressed to USDA, AMS, certification of fresh fruits, vegetables requirements of Table 1 and contain Marketing Order Administration and other products (7 CFR part 51). The more than 25 ppb aflatoxin content, Branch, 14th and Independence importer shall make each conditionally shall be considered ‘‘non-edible quality Avenue, SW, Room: 2525–S, released lot available and accessible for restricted’’ peanuts and shall be Washington, DC, 20250, Attn: Report of inspection as provided herein. Because disposed as ‘‘restricted’’ peanuts Imported Peanuts. Regular mail should inspectors may not be stationed in the pursuant to paragraph (e)(6) of this be sent to AMS, USDA, P.O. Box 96456, immediate vicinity of some ports-of- section. Meal produced from restricted room 2526–S, Washington, DC 20090– entry, importers must make peanuts shall be disposed pursuant to 6456, Attn: Report of Imported Peanuts. arrangements for sampling, inspection, paragraph (e)(6). Telephone inquiries should be made to and certification through one of the (4) All certifications and proof of non- (202) 720–6862. offices and laboratories listed in edible dispositions sufficient to account (3) Certificates and other paragraphs (d)(3) and (d)(4), for all peanuts in each consumption documentation for each peanut lot must respectively, of this section. entry filed by the importer must be be filed within 23 days of the date of (4) Imported peanut lots sampled and reported to the Secretary by the filing for consumption entry, or, if a inspected at the port-of-entry, or at other importer pursuant to paragraphs (g)(2) redelivery notice is issued on the peanut locations, shall meet the quality and (g)(3) of this section. lot, subsequently filed prior to (g) Safeguard procedures. (1) Prior to requirements of this section in effect on conclusion of the redelivery period the date of inspection. arrival of a foreign produced peanut lot which will be 60 days, unless otherwise (5) A foreign-produced peanut lot at a port-of-entry, the importer, or specified by the Customs Service. customs broker acting on behalf of the (4) The Secretary shall ask the entered for consumption or for importer, shall mail or send by facsimile Customs Service to issue a redelivery warehouse may be transferred or sold to transmission (fax) a copy of the Customs demand for foreign produced peanut another person: Provided, That the Service entry documentation for the lots failing to meet requirements of this original importer shall be the importer peanut lot or lots to the inspection section. Extensions in a redelivery of record unless the new owner applies service office that will perform sampling period granted by the Customs Service for bond and files Customs Service of the peanut shipment. More than one will be correspondingly extended by the documents pursuant to 19 CFR lot may be entered on one entry Secretary, upon request of the importer. §§ 141.113 and 141.20: and Provided document. The documentation shall Importers unable to account for the further, That such peanuts must be include identifying lot(s) or container disposition of all peanuts covered in a certified and reported to the Secretary number(s) and volume of the peanuts in redelivery order, or redeliver such pursuant to paragraphs (g)(2) and (g)(3) each lot being entered, and the location peanuts, shall be liable for liquidated of this section. (including city and street address), date damages. Failure to fully comply with (6) The cost of transportation, and time for inspection sampling. The quality and handling requirements or sampling, inspection, certification, inspection office shall sign, stamp, and failure to notify the Secretary of chemical analysis, and identification, as return the entry document to the disposition of all foreign produced well as remilling and blanching, and importer. The importer shall present the peanuts, as required under this section, further inspection of remilled and stamped document to the Customs may result in a compliance investigation blanched lots, and disposition of failing Service at the port-of-entry and send a by the Secretary. Falsification of reports peanuts, shall be borne by the importer. copy of the document to the Secretary. submitted to the Secretary is a violation Whenever peanuts are presented for The importer also shall cause a copy of of Federal law punishable by fine or inspection, the importer shall furnish the entry document to accompany the imprisonment, or both. any labor and pay any costs incurred in peanut lot and be presented to the (h) Additional requirements: (1) moving, opening containers, and inspection service at the inland Nothing contained in this section shall shipment of samples as may be destination of the lot. preclude any importer from milling or necessary for proper sampling and (2) The importer shall file with the reconditioning, prior to importation, inspection. The inspection service shall Secretary copies of the entry document any shipment of peanuts for the purpose bill the importer for fees covering and grade, aflatoxin, and lot of making such lot eligible for quality and size inspections; time for identification certifications sufficient to importation into the United States. sampling; packaging and delivering account for all peanuts in each lot listed However, all peanuts presented for aflatoxin samples to laboratories; on the entry document filed by the entry for human consumption use must certifications of lot identification and lot importer. Positive lot identification of be certified as meeting the quality transfer to other locations, and other residual lots, transfer certificates, and requirements specified in paragraph (c) inspection certifications as may be other documentation providing proof of of this section. necessary to verify edible quality or non-edible disposition, such as bills of (2) Conditionally released peanut lots non-edible disposition, as specified lading, certificates of burying, export of like quality and belonging to the same herein. The USDA and PAC-approved declarations, and sales receipts which importer may be commingled. Defects in laboratories shall bill the importer report the weight of peanuts being an inspected lot may not be blended out separately for fees for aflatoxin assay. disposed and the name, address and by commingling with other lots of The importer also shall pay all required telephone number of the non-edible higher quality. Commingling also must Customs Service costs as required by peanut receiver, must be sent to the be consistent with applicable Customs that agency. 31322 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(7) Each person subject to this section duly authorized representatives, shall the Federal Food, Drug and Cosmetic shall maintain true and complete have access to any such person’s Act, any other applicable laws, or records of activities and transactions premises during regular business hours regulations of other Federal agencies, specified in this part. Such records and and shall be permitted, at any such including import regulations and documentation accumulated during time, to inspect such records and any procedures of the Customs Service. entry shall be retained for not less than peanuts held by such person. Dated: June 11, 1996. two years after the calendar year of (8) The provisions of this section do Robert C. Keeney, acquisition, except that Customs Service not supersede any restrictions or Director, Fruit and Vegetable Division. documents shall be retained as required prohibitions on peanuts under the [FR Doc. 96–15361 Filed 6–18–96; 8:45 am] by that agency. The Secretary, through Federal Plant Quarantine Act of 1912, BILLING CODE 3410±02±P federal register June 19,1996 Wednesday Certification Standards;FinalRule Ratings, DefinitionsandType New One-Engine-Inoperative(EOI) Airworthiness Standards:AircraftEngines 14 CFRParts1and33 Federal AviationAdministration Transportation Department of Part IV 31323 31324 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION 27A that was published in the Federal with the AIA petition. The JAA Register on February 7, 1995 (60 FR provided many comments, most of Federal Aviation Administration 7380). These notices proposed to define which contained significant deviations new one-engine inoperative (OEI) from specifies of the petition being 14 CFR Parts 1 and 33 ratings for rotorcraft engines and considered. [Docket No. 26019; Amendment Nos. 1±46, establish type certification standards for On November 19, 1987, AIA, AECMA, 33±18] these new OEI ratings. The new OEI and EHA jointly sponsored a meeting at ratings will be applicable to turbine AIA Headquarters in Washington, DC, RIN 2120±AD21 engines installed on multiengine and invited the FAA and the JAA to Airworthiness Standards: Aircraft powered rotorcraft. attend. The purpose of this meeting was Engines New One-Engine-Inoperative The payload for multiengine rotorcraft for industry, AIA, AECMA, and EHA, to (OEI) Ratings, Definitions and Type is limited by the power available from jointly address and respond to the Certification Standards the remaining operating engine(s) in the comments and concerns previously event one engine fails during takeoff or expressed by the JAA. In follow-up to AGENCY: Federal Aviation landing. Currently, the maximum this meeting, on June 8, 1988, the AIA Administration (FAA), DOT. engine power rating available for submitted additional revisions to their ACTION: Final rule. rotorcraft under part 33 is the 21⁄2 OEI petition for rulemaking. rating. This amendment establishes 30- The FAA then issued a final rule from SUMMARY: This amendment establishes second OEI and 2-minute OEI ratings at a previous proposal amending parts 1 definitions for new one-engine higher power level than currently and 33 of the FAR’s. Amendments 1–34 inoperative (OEI) ratings, and type available. The new rating will allow and 33–12 were issued and published in certification standards for those ratings. rotorcraft to carry higher payloads from the Federal Register on September 2, This amendment is the result of a existing fields or to takeoff from smaller 1988 (53 FR 34196, effective October 3, petition for rulemaking from Aerospace fields with current payloads, without 1988), which redefined OEI ratings in Industries Association of America, Inc. decreasing the level of safety for these part 1 and added the Continuous OEI (AIA), and a recognition by both the operations. Engine type certification rating in both part 1 and part 33. FAA, along with other civil using these new ratings, however, as After reviewing the revised AIA airworthiness authorities, and the with other OEI ratings, remains petition, and coordinating with the JAA, aviation industry for a need for optional. the FAA issued NPRM No. 89–27 (54 FR additional OEI power rating standards. The Aerospace Industries Association 39080), to address the part 33 engine The maximum engine power rating for of America, Inc., (AIA) submitted a certification aspects of 39-second and 2- rotorcraft available under current petition for rulemaking to the FAA on minute OEI ratings, and NPRM No. 89– certification standards contained in the September 20, 1984, requesting an 26 (54 FR 39086), to address the part 27 Federal Aviation Regulations (FAR’s) is amendment of the FAR’s to permit type and part 29 rotorcraft certification the 21⁄2-minute OEI rating. This certification of engines and rotorcraft aspects of the OEI ratings. Both NPRM’s amendment establishes definitions and with new OEI ratings. The FAA were published in the Federal Register type certification standards for the 30- acknowledged receipt of the AIA on September 22, 1989. During the second OEI and 2-minute OEI rating at petition, by letter on November 26, comment period, the FAA held a joint higher power levels than currently 1984, and issued a notice of that public meeting to discuss the proposals available. These new ratings will petition that was published in the of both NPRM’s in Fort Worth, Texas, enhance rotorcraft safety after an engine Federal Register on December 10, 1984 on November 16, 1989 (see Notice of failure or precautionary shutdown by (49 FR 48759). The FAA subsequently public meeting published on October providing the availability for higher OEI held the petition in abeyance pending 13, 1989, 54 FR 41986). The Final rules power. The benefits from this AIA’s submission of a revised petition to part 27 and part 29 were published amendment are enhanced safety through for rulemaking on April 1, 1987. in the Federal Register on September improved rotorcraft takeoff and landing The AIA then sponsored a meeting 16, 1994 (59 FR 47764). with the Association European des Based on the comments received, the performances, and shorter field ′ operations or higher payload with the Constructeurs de Materiel d Aerospatial FAA determined that the proposals same degree of safety. (AECMA), the European Helicopter contained in NPRM 89–27 warranted Association (EHA), and the European further consideration. Substantive EFFECTIVE DATE: August 19, 1996. Joint Airworthiness Authorities (JAA) changes were made to the proposed FOR FURTHER INFORMATION CONTACT: on April 9, 1987, and invited the FAA rule, and SNPRM 89–27A was Chung C. Hsieh, Aerospace Engineer, to attend. The purpose of this meeting published in the Federal Register on Engine and Propeller Standards Staff, was to familiarize the European February 7, 1995 (60 FR 7380). The ANE–110, Engine and Propeller community with the AIA petition. SNPRM gave all interested parties an Directorate, Aircraft Certification Thereafter, the FAA and the JAA opportunity to comment on the Service, FAA, 12 New England convened their annual harmonization modified proposed rule. Executive Park, Burlington, MA 01803– meeting on May 19–21, 1987, to discuss, All interested persons have been 5229, telephone (617) 238–7115; fax in part, the status of programs of mutual given an opportunity to participate in (617) 238–7199. interest. One result of the FAA/JAA this rulemaking, and due consideration SUPPLEMENTARY INFORMATION: meeting was a recommendation that the has been given to all matters presented. FAA and the JAA should strive to Some minor editorial changes have been Background promulgate more harmonious rules and made to clarify the proposals as The FAA issued a Notice of Proposed guidance material. Accordingly, the indicated herein. The changes are based Rulemaking (NPRM) No. 89–27 that was FAA coordinated their reviews of the on comments received and further FAA published in the Federal Register on AIA petition directly with the JAA. A review of the proposals. The FAA has September 22, 1989 (54 FR 39080), and meeting was held in late August 1987 determined that certain technical issues also issued Supplemental Notice of between representatives of the FAA and associated with proposed revisions to Proposed Rulemaking (SNPRM) No. 89– the JAA to discuss the JAA’s concerns § 33.27 have not been resolved. These Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31325 technical issues will be discussed in an assistance to applicants for type flight. The commenter further states that Aviation Rulemaking Advisory certification. A joint effort between the many authorities are aware of instances Committee (ARAC) working group (see FAA’s Engine & Propeller Directorate of misinterpretations, not precluded by Notice of establishment of Propulsion and the Rotorcraft Directorate, and both Flight Manuals, whereby more than 30 Harmonization Working Group at 57 FR the engine and the helicopter industry, minutes of 30-minute OEI power could 58840, December 11, 1992). Except for has resulted in a report published by the have been accumulated during one the proposed revisions to § 33.27 and Society of Automotive Engineers (SAE), flight. This commenter also other changes as indicated herein, the Aerospace Information Report AIR4083, recommends that the common aspects proposals contained in SNPRM 89–27A ‘‘Helicopter Power Assurance,’’ dated of all existing and proposed definitions have been adopted without change. July 13, 1989. Also, guidance material of rated power/thrust be expressed in addressing the existing § 33.90 is identical language to eliminate Discussion of Comments provided in FAA Advisory Circular differences as much as possible. The commenters represent domestic (AC) AC 33–2B, ‘‘Aircraft Engine Type The FAA disagrees. The existing § 1.1 and foreign engine manufacturers, and Certification Handbook’’. This AC will definition of rated 30-minute OEI power foreign civil airworthiness authorities. be revised to include guidance material states that the engine power at this Four commenters provided the FAA on power assurance and mandatory rating is limited in use to a period of not with comments to NPRM 89–27, maintenance requirements for the new more than 30 minutes after the failure addressing numerous issues. The FAA OEI ratings following the adoption of of one engine of a multiengine also received comments to SNPRM 89– this Final rule. The FAA plans to issue rotorcraft. The language used to define 27A from three commenters. This advisory material for these new OEI the new 30-second OEI and 2-minute discussion addresses all the comments ratings as soon as practical. OEI ratings is consistent with this and made to SNPRM 89–27A, plus those The commenter also states that this other OEI definitions. The comments made to NPRM 89–27 that rulemaking is based on an assumption recommendations on the existing were not already addressed in the that the new OEI ratings will be used definitions of rated power and thrust are discussion section of SNPRM 89–27A. only during the takeoff and landing beyond the scope of this rulemaking. Some comments presented orally at the phases of flight. The commenter Such a change may be considered, November 16, 1989, public meeting speculates that it would be possible that however, as part of the Engine & have not been addressed here, since these new ratings be utilized under the Propeller Directorate’s ongoing study on they have been withdrawn; other oral ‘‘External Load Operations’’ provisions engine ratings. comments were submitted in writing to of § 133.45(e)(1). The commenter the rules docket. The transcript of the suggests that the Regulatory Evaluation Section 33.14 Start-Stop Cyclic Stress public meeting is in the Rules Docket. section needs to address whether this One commenter states that the The comments are grouped according to assumption will be invalidated if the proposal should also include a change the applicable sections of the proposed enhanced OEI performance is taken into to existing § 33.14 that would exclude amendment, with general comments account for other than takeoff and OEI ratings from the meaning of the discussed first. landing purposes. term ‘‘maximum rated power’’ as it The FAA disagrees. While the appears in § 33.14. The commenter General Comments proposed new OEI ratings are intended bases the need for this change on an One commenter recommends that the to be used only after the failure of one interpretation of the existing § 33.14 FAA should publish the proposals as engine on a multiengine rotorcraft using the preambles to two previous worded in the SNPRM as a final rule for during takeoff, climb, or landing, it is amendments to the FAR’s, both pre- all applicable 14 CFR part 1 and 33 entirely possible that these new ratings dating the most recent changes to parts sections, with the exception of the might be utilized to meet the provisions 1 and 33 relating to OEI ratings. The proposed revisions to § 33.27. of current § 133.45(e)(1), if the rotorcraft commenter concludes that the suggested One commenter states that the new and the operator fulfill those criteria. changes would make § 33.14 more structure of helicopter engine ratings as Therefore, the Regulatory Evaluation rational and provide clarity to promote proposed creates a new certification does not depend on how the higher consistent application. The commenter scheme for helicopters and, accordingly, power levels associated with the new also states that § 33.14 should address all the pertinent regulatory and advisory OEI ratings may be used in showing rotational speed operating limits and matter must be considered at the same compliance with an existing regulation. rotor temperatures in addition to rated time. The commenter points out that In addition the commenter does not powers/thrusts. guidance material for the proposed suggest any changes to the regulatory The FAA disagrees. No changes to ratings, including the maintenance language of the proposed amendment to § 33.14 were proposed in either NPRM inspection requirements under § 33.90 part 1 or part 33 to address that concern. No. 89–27 or SNPRM 89–27A. The FAA and on the issue of power assurance, is These new ratings are intended to finds that the existing § 33.14 is not available. Therefore, the commenter supplement the existing OEI rating adequate to address the new 30-second states that an acceptable level of safety structure for the type certification of OEI and 2-minute OEI ratings. cannot be achieved until all advisory engines and rotorcraft. Existing and regulatory material can be reviewed rotorcraft operating rules with respect to Section 33.27 Turbine, Compressor, at the same time. OEI conditions should not be impacted Fan and Turbosupercharger Rotors The FAA disagrees. Even though by the addition of the 30-second and the Several commenters state that specific advisory material that addresses 2-minute OEI ratings. proposed revisions to § 33.27, rotor the new OEI ratings is not yet available, integrity, are not consistent with the the FAA will not delay issuing this Section 1.1 Definitions status of the discussions on rotor Final rule. The existing guidance One commenter recommends that the integrity requirements currently ongoing material on the issue of power existing § 1.1 definition of rated 30- in an ARAC working group. assurance, which is a certification minute OEI power should be amended The FAA agrees that proposed § 33.27 requirement of the helicopter under to clarify that the period of use must not is not harmonized with JAR–E. The §§ 27.45(f) and 29.45(f), may be of exceed a total of 30 minutes during any proposed revision to § 33.27 has been 31326 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations removed from the Final rule as the proposed § 33.87(f), yet the commenter excess rpm, not a steady state level proposal has not been completely states that 100 percent power may only associated with a non-overtemperature harmonized by the FAA (part 33) and be required for the first sequence of or a non-overboost condition. the JAA (JAR–E). However, the FAA proposed § 33.87(f), and not for all the One commenter states that use of the will consider additional amendments to sequences. words ‘‘provides an exception from the § 33.27, and ARAC harmonization is The FAA disagrees. The 100 percent existing requirements’’ in the preamble anticipated. In the interim the FAA will rule of § 33.87(a)(3) applies to new for Proposal No. 10 of NPRM 89–27, address each application for type § 33.87(f) for all sequences; no published September 22, 1989, certification that requests 30-second OEI exceptions are intended or implied. concerning proposed § 33.88, could be and 2-minute OEI ratings on a case by One commenter suggests the misconstrued, and that it would have case basis. following for proposed § 33.87 (f)(1) been better to state ‘‘ ** * provides for through (f)(8): Section 33.29 Instrument Connection an alleviation from the rotational speed 1. The test sequence described by and the gas temperature prescribed by One commenter states that § 33.87 (f)(1) through (f)(8) would be the existing requirements* * *.’’ § 29.1305(a)(24) requires an indication required to be repeated eight times for The FAA disagrees. The commenter a total time of not less than 180 minutes to the pilot when the use of OEI rating does not suggest any changes to and would be required to be conducted begins and when the allowed time of proposed § 33.88 and the editorial in a prescribed sequence and without this rating has expired, and the comment addresses the wording stopping during the 180 minutes total proposed 33.29(c)(1) should have preference in the preamble only. test period. consistent requirements. One commenter states that the last The FAA agrees. New § 33.29(c)(1) is 2. The sequence during which the sentence of proposed § 33.88(c) should changed accordingly. In addition, new length of the particular test condition read as follows: ‘‘Following this run, the § 33.29(c)(3) is changed to clarify the defined by § 33.87(f)(4) is increased to turbine assembly may exceed FAA’s intent to require that each usage sixty-five minutes would need to be re- serviceable limits, provided there is no of a power level at one of the new OEI defined as: ‘‘except that during the evidence of imminent failure. The ratings is limited in duration. Therefore, fourth or fifth test sequence this period applicant may be required to show there for example, as the definition of the shall be sixty-five minutes.’’ is no evidence of imminent failure by rating provides, 30-second OEI power is The FAA disagrees. The two hour analysis or test’’. Another commenter limited to three periods of use in any supplementary test is to simulate a states that current JAR–E has no direct one flight following an engine failure, flight scenario using 30-second and 2- equivalent to the 5 minute tests of either and each period of use is limited to no minute OEI ratings. After the initial 30- the existing § 33.88 or proposed more than 30 seconds. Unused time second and 2-minute applications to § 33.88(a). Proposed § 33.88 (b) and (c), from one period of use may not be complete the takeoff or effect a rejected which make provision for 5 minute or accumulated for use during a takeoff and the climb out to a safe 4 minute over-temperature test for 30- subsequent period. Accordingly, new altitude and airspeed, the engine is run second OEI ratings, will be considered § 33.29(c)(3) is changed to provide for a at the 30-minute or continuous OEI by the JAA as a possible basis for a means to record each use and the rating power to maintain a safe altitude revision to JAR–E. However, this will be duration of each use of power at each enroute and to complete a landing of the in addition to complying with the rating. aircraft. The two hour cyclic test defined in this section demonstrates the existing turbine rotor overtemperature Section 33.85 Calibration Tests ability of the engine to complete a safe requirement of JAR–E, C4–6, paragraph One commenter states that the flight with up to three applications of 22. The commenter also suggests that reference in proposed § 33.85(d) to the 30-second and 2-minute OEI ratings proposed § 33.88 (b) and (c) should §§ 33.87(f) (1) through (8) should read during one flight. The proposed changes include a requirement that the worst § 33.87, because paragraphs (1) through from the commenter are not supported case intended flight profile must be (8) of proposed § 33.87(f) relate only to by reasonable technical justification. assumed to include at least a further two the new 30-second OEI and 2-minute applications of 30-second OEI power, Section 33.88 Engine Overtemperature OEI ratings where proposed § 33.85(d) is each followed by an application of 2 Test minute OEI power for consistency of also applicable to the 21⁄2-minute OEI rating. One commenter suggests that the interpretation and compatibility with The FAA disagrees. New § 33.85(d) is words ‘‘steady state’’ be inserted before usage rational for these particular OEI intended for 30-second OEI and 2- the words ‘‘power-on r.p.m.’’ in ratings, as stated in the ‘‘Background’’ of minute OEI ratings only, and reference proposed § 33.88(c). The commenter NPRM 89–27. to the 21⁄2-minute OEI rating was states that the words are necessary since The FAA disagrees. The intent of the accidentally included in the SNPRM. the test is conducted at maximum post-test requirements is to assure that Therefore, the reference to the 21⁄2- steady state rpm limit rather than after the overtemperature test, the minute OEI rating is removed from new maximum transient rpm limit. In engine is suitable for continued service § 33.85(d). addition, the proposed change to use to complete the worst case intended ‘‘steady state’’ rpm limit and to the post flight profile associated with the Section 33.87 Endurance Test test acceptance criteria is also application of the 30-second OEI power One commenter questions whether, applicable to engines not having rating. Although the worst case scenario during the additional endurance testing automatic temperature limiting which may include at lease two additional introduced by proposed § 33.87 (f)(1) are tested at 75 °F above the maximum applications of both 30-second OEI through (f)(8), at least 100 percent of 30- temperature limit. power and 2-minute OEI power, the last second OEI and 2-minute OEI rated The FAA disagrees. The sentence of revised § 33.88(b) and powers must be produced during all overtemperature condition associated revised § 33.88(c) will permit the FAA, such operations. The commenter states with usage of the 30-second OEI rating on a case by case assessment, to apply that it appears to be the intent because is normally expected from over-fueling the best engineering judgment for each § 33.87(a)(3) remains applicable to the and consequently is accompanied by an given engine type design tested. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31327

Two commenters state that the FAA is because proposed 33.87(a) states: ‘‘for Safety after an engine failure under proposing a certification standard for engines tested under paragraphs (b), (c), the provisions of this rule will be as test rotorcraft engines with a temperature (d) or (e) of this section * * *’’ and the equivalent to operational safety under limiter that differs from the standard for new § 33.87(f) reads: ‘‘and following the previous regulations. This all other type engines. The commenters completion of the tests under assessment is based on the requirement conclude that if a temperature limiter paragraphs (b), (c), (d) or (e) of this for an engine inspection following one principle is acceptable for rotorcraft section * * *’’. mission cycle of either the 30-second or engines, it should also be acceptable for The FAA agrees. The changes to 2-minute OEI power levels. All engine other gas turbine engines and for other revised § 33.93 are made. parts that may not be suitable for further engine ratings. Therefore, the proposal use must be discarded and replaced in should be changed to apply generally Regulatory Evaluation Summary order to maintain the continued and not just to 30-second and 2-minute Changes to the federal regulations airworthiness of the engine. The OEI ratings. must undergo several economic existing minimum level of engine The FAA disagrees. The FAA analyses. First, Executive Order 12866 airworthiness will be maintained under considers that this comment is beyond directs Federal agencies to promulgate this rule by virtue of new and existing the scope of this rulemaking, which new regulations or modify existing design, analysis, and test certification addresses only certification standards regulations only if the potential benefits requirements. In summary, the FAA for rotorcraft engines. The FAA may to society outweigh the potential costs. finds that the benefits of this rule will consider further rulemaking to revise Second, the Regulatory Flexibility Act exceed the costs. § 33.88 for other gas turbine engine of 1980 requires agencies to analyze the International Trade Impact Analysis certifications. economic impact of regulatory changes One commenter states that the on small entities. Finally, the Office of These rule changes will have little or no impact on trade for both U.S. firms overtemperature subject has been Management and Budget directs doing business in foreign countries and incorporated into the harmonization agencies to assess the effects of foreign firms doing business in the effort and requests that the FAA clearly regulatory changes on international United States. In the U.S. market, indicate the intent to harmonize trade. In conducting these assessments, foreign manufacturers will have the certification standards related to the FAA has determined that this rule: option of designing engines and overtemperature. (1) Will generate benefits exceeding its helicopters capable of satisfying the new The FAA agrees. The FAA will costs and is not ‘‘significant’’ as defined OEI ratings and therefore will not be at continue to support the ongoing in Executive Order 12866; (2) is not a competitive disadvantage with U.S. harmonization effort toward the ‘‘significant’’ as defined in DOT’s manufacturers. Because of the large U.S. overtemperature test rule with the JAA Policies and Procedures; (3) will not market, foreign manufacturers are likely through the ARAC. However, the have a significant impact on a to certify their rotorcraft to U.S. rules, proposed overtemperature test substantial number of small entities; which will limit any competitive requirements in the SNPRM for 30- and (4) will not restrain international advantage U.S. manufacturers might second and 2-minute OEI ratings are trade. These analyses are available in gain in foreign markets. published as an addition to the existing the docket. rule based on the comments received. It The new OEI power ratings will afford Regulatory Flexibility Determination is anticipated that the ARAC will rotorcraft manufacturers the opportunity recommend the adoption of the The Regulatory Flexibility Act of 1980 to install higher rated engines in their (RFA) was enacted by Congress to overtemperature test for these new products. The principal operational ratings in their draft proposals. ensure that small entities are not benefits will be the ability to carry unnecessarily or disproportionately Section 33.90 Initial Maintenance higher payloads from existing fields or burdened by Government regulations. Inspection to takeoff from smaller fields with The RFA requires a Regulatory One commenter suggests that the current payloads, which should enable Flexibility Analysis if a rule would have interpretation of the current § 33.90 more Category B operators to use their a significant economic impact, either needs to clearly define the requirements rotorcraft for Category A operations, and detrimental or beneficial, on a in that section for engines that also increase the potential for all substantial number of small entities. incorporate the new OEI rated power operators to use more efficient and FAA order 2100.14A, Regulatory levels, and that an advisory circular profitable routes. Flexibility Criteria and Guidance, must be published together with this The testing costs associated with establishes threshold cost values and Final rule. obtaining these ratings should be small entity size standards for The FAA disagrees. The FAA should viewed as the price of an additional complying with RFA review not delay publication of this Final rule capability and would be evaluated by requirements in FAA rulemaking pending the development of new the manufacturer based on market actions. A review of domestic engine advisory material. The FAA plans to potential. It is not possible to quantify manufacturers indicates that none meets issue to the advisory material as soon as the extent of the net operational benefits the minimum size threshold. As such, practical. that will be realized by the operators the FAA has determined that this rule because the number of products that will not have significant economic Section 33.93 Teardown Inspection will be certificated to this standard impact on a substantial number of small One commenter states that in cannot be predicted. The FAA is able to entities. proposed § 33.93, there is an ‘‘and’’ conclude, however, that the rule will which they believe should be an ‘‘or’’ in not have a negative economic impact on Federalism Implications the first sentence of proposed § 33.93(c), manufacturers or operators. Because The regulations adopted herein will so that the fifth and sixth lines would these are optional ratings, not have substantial direct effects on the read: ‘‘the endurance testing of § 33.87 manufacturers will provide this States, on the relationship between the (b) or (c) or (d) or (e) or this part and capability only if the additional costs national government and the States, or followed * * *’’. This change is needed can be recovered in the marketplace. on the distribution of power and 31328 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations responsibilities among the various Rated 30-second OEI power, with (2) Determine, in a positive manner, levels of government. Therefore, in respect to rotorcraft turbine engines, that the engine has been operated at accordance with Executive Order 12612, means the approved brake horsepower each rating; and it is determined that this regulation does developed under static conditions at (3) Automatically record each usage not have sufficient federalism specified altitudes and temperatures and duration of power at each rating. implications to warrant the preparation within the operating limitations 6. Section 33.67 is amended by of a Federalism Assessment. established for the engine under part 33 adding new paragraph (d) as follows: of this chapter, for continued one-flight Conclusion operation after the failure of one engine § 33.67 Fuel system. For the reasons discussed in the in multiengine rotorcraft, limited to * * * * * preamble, and based on the findings in three periods of use no longer than 30 (d) Engines having a 30-second OEI the Regulatory Flexibility Determination seconds each in any one flight, and rating must incorporate means for and the International Trade Impact followed by mandatory inspection and automatic availability and automatic Analysis, the FAA has determined that prescribed maintenance action. control of a 30-second OEI power. this regulation is not a significant Rated 2-minute OEI power, with 7. Section 33.85 is amended by regulatory action under Executive Order respect to rotorcraft turbine engines, adding new paragraphs (c) and (d) as 12866. In addition, the FAA certifies means the approved brake horsepower follows: that these amendments do not have a developed under static conditions at significant economic impact, positive or specified altitudes and temperatures § 33.85 Calibration tests. negative, on a substantial number of within the operating limitations * * * * * small entities under the criteria of the established for the engine under part 33 (c) In showing compliance with this Regulatory Flexibility Act. These of this chapter, for continued one-flight section, each condition must stabilize amendments are considered operation after the failure of one engine before measurements are taken, except nonsignificant under DOT Regulatory in multiengine rotorcraft, limited to as permitted by paragraph (d) of this Policies and Procedures (44 FR 11034, three periods of use no longer than 2 section. February 26, 1979). A regulatory minutes each in any one flight, and (d) In the case of engines having 30- evaluation of the amendments, followed by mandatory inspection and second OEI, and 2-minute OEI ratings, including a Regulatory Flexibility prescribed maintenance action. measurements taken during the Determination and Trade Impact * * * * * applicable endurance test prescribed in Analysis, has been placed in the docket. § 33.87(f) (1) through (8) may be used in A copy may be obtained by contacting PART 33ÐAIRWORTHINESS showing compliance with the the person identified under FOR FURTHER STANDARDS: AIRCRAFT ENGINES requirements of this section for these INFORMATION CONTACT. OEI ratings. 3. The authority citation for part 33 List of Subjects continues to read as follows: 8. Section 33.87 is amended by revising the introductory text of 14 CFR Part 1 Authority: 49 U.S.C. 106(g), 40113, 44701, paragraph (a) and paragraph (a)(8); by 44702, 44704. Airmen, Flights, Balloons, Parachutes, redesignating paragraph (f) as paragraph Aircraft Pilots, Pilots Transportation, 4. Section 33.7 is amended by (g); by revising the reference ‘‘(e)(2) (ii) Agreements, Kites, Air Safety, Safety, redesignating paragraph (c)(1)(viii) as through (iv)’’ to read ‘‘(g)(2) (ii) through Aviation Safety, Air Transportation, Air (c)(1)(x); by revising newly redesignated (iv)’’ in newly designated paragraph Carriers, Aircraft, Airports, Airplanes, (c)(1)(x); and by adding new paragraphs (g)(2)(i), by revising the reference Helicopters, Rotorcraft, Heliports, (c)(1)(viii) and (c)(1)(ix) to read as ‘‘(e)(2)(i)’’ to read ‘‘(g)(2)(i)’’ in newly Engines, Ratings. follows: designated paragraph ‘‘(g)(2)(ii)’’; by revising the reference ‘‘(e)(2)(i)’’ to read 14 CFR Part 33 § 33.7 Engine ratings and operating ‘‘(g)(2)(i)’’ in newly designated limitations. Engines, Rotorcraft, Air paragraph ‘‘(g)(2)(iii)’’; by revising the Transportation, Aircraft, Aviation * * * * * reference ‘‘(e)(2) (i) and (ii)’’ to read safety, Safety. (c) * * * ‘‘(g)(2) (i) and (ii)’’ in newly designated (1) * * * paragraph (g)(2)(iv); and by adding a Adoption of the Amendments (viii) Rated 2-minute OEI power; new paragraph (f) to read as follows: Accordingly, The Federal Aviation (ix) Rated 30-second OEI power; and Administration (FAA) amends 14 CFR (x) Auxiliary power unit (APU) mode § 33.87 Endurance test. part 1 and part 33 as follows: of operation. (a) General. Each engine must be * * * * * subjected to an endurance test that PART 1ÐDEFINITIONS AND 5. Section 33.29 is amended by includes a total of at least 150 hours of ABBREVIATIONS adding new paragraph (c) as follows: operation and, depending upon the type and contemplated use of the engine, 1. The authority citation for part 1 § 33.29 Instrument connection. consists of one of the series of runs continues to read as follows: * * * * * specified in paragraphs (b) through (g) Authority: 49 U.S.C 106(g), 40113, 44701. (c) Each rotorcraft turbine engine of this section, as applicable. For 2. Section 1.1 is amended by adding having a 30-second OEI rating and a 2- engines tested under paragraphs (b), (c), the definitions in alphabetical order of minute OEI rating must have a provision (d), (e) or (g) of this section, the ‘‘Rated 30-Second OEI Power’’ and for a means to: prescribed 6-hour test sequence must be ‘‘Rated 2-Minute OEI Power’’ to read as (1) Alert the pilot when the engine is conducted 25 times to complete the follows: at the 30-second OEI and the 2-minute required 150 hours of operation. OEI power levels, when the event Engines for which the 30-second OEI § 1.1 General Definitions. begins, and when the time interval and 2-minute OEI ratings are desired * * * * * expires; must be further tested under paragraph Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31329

(f) of this section. The following test 9. Section 33.88 is revised to read as independent of installation on the requirements apply: follows: engine must retain each setting and functioning characteristic within the * * * * * § 33.88 Engine overtemperature test. (8) If the number of occurrences of limits that were established and either transient rotor shaft overspeed or (a) Each engine must run for 5 recorded at the beginning of the test; transient gas overtemperature is limited, minutes at maximum permissible rpm ° and that number of the accelerations with the gas temperature at least 75 F (42 °C) higher than the maximum (2) Each engine part must conform to required by paragraphs (b) through (g) of the type design and be eligible for this section must be made at the rating’s steady-state operating limit, excluding maximum values of rpm and incorporation into an engine for limiting overspeed or overtemperature. continued operation, in accordance with If the number of occurrences is not gas temperature associated with the 30- information submitted in compliance limited, half the required accelerations second OEI and 2-minute OEI ratings. with § 33.4. must be made at the limiting overspeed Following this run, the turbine assembly or overtemperature. must be within serviceable limits. (b) After completing the endurance (b) Each engine for which 30-second * * * * * testing of § 33.87(f), each engine must be (f) Rotorcraft engines for which 30- OEI and 2-minute OEI ratings are completely disassembled, and desired, that does not incorporate a second OEI and 2-minute OEI ratings (1) Each component having an means to limit temperature, must be run are desired. For each rotorcraft engine adjustment setting and a functioning for a period of 5 minutes at the for which 30-second OEI and 2-minute characteristic that can be established maximum power-on rpm with the gas OEI power ratings are desired, and independent of installation on the temperature at least 75 °F (42 °C) higher following completion of the tests under engine must retain each setting and paragraphs (b), (c), (d), or (e) of this than the 30-second OEI rating operating limit. Following this run, the turbine functioning characteristic within the section, the applicant may disassemble limits that were established and the tested engine to the extent necessary assembly may exhibit distress beyond the limits for an overtemperature recorded at the beginning of the test; to show compliance with the and requirements of § 33.93(a). The tested condition provided the engine is shown engine must then be reassembled using by analysis or test, as found necessary (2) Each engine may exhibit the same parts used during the test runs by the Administrator, to maintain the deterioration in excess of that permitted of paragraphs (b), (c), (d), or (e) of this integrity of the turbine assembly. in paragraph (a)(2) of this section section, except those parts described as (c) Each engine for which 30-second including some engine parts or consumables in the Instructions for OEI and 2-minute OEI ratings are components that may be unsuitable for Continued Airworthiness. The applicant desired, that incorporates a means to further use. The applicant must show by must then conduct the following test limit temperature, must be run for a analysis and/or test, as found necessary sequence four times, for a total time of period of 4 minutes at the maximum by the Administrator, that structural not less than 120 minutes: power-on rpm with the gas temperature integrity of the engine including (1) Takeoff power. Three minutes at at least 35 °F (20 °C) higher than the mounts, cases, bearing supports, shafts, rated takeoff power. maximum operating limit. Following and rotors, is maintained; or (2)30-second OEI power. Thirty this run, the turbine assembly may (c) In lieu of compliance with seconds at rated 30-second OEI power. exhibit distress beyond the limits for an paragraph (b) of this section, each (3) 2-minute OEI power. Two minutes overtemperature condition provided the at rated 2-minute OEI power. engine is shown by analysis or test, as engine for which the 30-second OEI and (4) 30-minute OEI power, continuous found necessary by the Administrator, 2-minute OEI ratings are desired, may OEI power, or maximum continuous to maintain the integrity of the turbine be subjected to the endurance testing of power. Five minutes at rated 30-minute assembly. §§ 33.87 (b), (c), (d), or (e) of this part, OEI power, rated continuous OEI power, (d) A separate test vehicle may be and followed by the testing of § 33.87(f) or rated maximum continuous power, used for each test condition. without intervening disassembly and whichever is greatest, except that, 10. Section 33.93 is revised to read as inspection. However, the engine must during the first test sequence, this follows: comply with paragraph (a) of this period shall be 65 minutes. section after completing the endurance (5) 50 percent takeoff power. One § 33.93 Teardown inspection. testing of § 33.87(f). minute at 50 percent takeoff power. (a) After completing the endurance Issued in Washington, DC, on May 30, (6) 30-second OEI power. Thirty testing of § 33.87 (b), (c), (d), (e), or (g) 1996. seconds at rated 30-second OEI power. of this part, each engine must be David R. Hinson, (7) 2-minute OEI power. Two minutes completely disassembled, and at rated 2-minute OEI power. (1) Each component having an Administrator. (8) Idle. One minute at idle. adjustment setting and a functioning [FR Doc. 96–14083 Filed 6–18–96; 8:45 am] * * * * * characteristic that can be established BILLING CODE 4910±13±M federal register June 19,1996 Wednesday Towing Vessels;ProposedRule Licensing andManningforOfficersof 46 CFRParts10and15 Coast Guard Transportation Department of Part V 31331 31332 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules

DEPARTMENT OF TRANSPORTATION rulemaking by submitting written data, entitled Licensing 2000 and Beyond views, or arguments. Persons submitting (hereafter Licensing 2000), concluded Coast Guard comments should include their names that the requirements for licensing all and addresses, identify this rulemaking operators of towing vessels are outdated 46 CFR Parts 10 and 15 [CGD 94–055] and the specific section of and need improvement. [CGD 94±055] this proposal to which each comment The Review examined marine- applies, and give the reason for each casualty statistics for towing vessels RIN 2115±AF23 comment. Please submit two copies of over a 12-year period (1980–1991). Of 12,971 marine casualties covered, at Licensing and Manning for Officers of all comments and attachments in an 1 2 least 7,664, or around 60 percent, were Towing Vessels unbound format, no larger than 8 ⁄ by 11 inches, suitable for copying and directly attributable to personnel error. AGENCY: Coast Guard, DOT. electronic filing. Persons wanting Over the last several years, more ACTION: Notice of proposed rulemaking. acknowledgment of receipt of comments research has been conducted on the should enclose stamped, self-addressed effects of human factors on marine SUMMARY: The Coast Guard proposes to postcards or envelopes. casualties. Much of it concludes that revise the requirements for licensing The Coast Guard will consider all improvements in the licensing, training, those mariners that operate towing comments received during the comment and qualifications of personnel might be vessels, uninspected as well as period. It may change this proposal in accomplished to reduce the number of inspected. This proposed rule would view of the comments. casualties. create new licenses with levels of A public meeting was held on April In all, the Review contained 19 qualification and with enhanced 4, 1994, at Coast Guard Headquarters. recommendations, on licensing OUTVs training and operating experience, Afterwards, the Coast Guard received and other matters, including reporting including practical demonstrations of numerous letters from active mariners marine casualties and hazardous skill; further, it would ensure that all requesting a copy of this proposed rule conditions; bridge-fendering systems towing vessels are manned by officers and seeking an opportunity to comment. and navigational lighting; adequacy of holding licenses specifically authorizing The Coast Guard reached each navigational equipment for uninspected their service. It is based on the identifiable group and provided it an towing vessels; and adequacy of the investigation of an allision of a towing opportunity to forward comments to the Aids to Navigation System for marking vessel and its barges with a railroad docket. It will mail a copy of this rule the approaches to bridges over navigable bridge, near Mobile, Alabama, in to every interested party. Persons may waterways. September 1993, which caused 47 request additional public meetings by In response to the Review, on March deaths. writing to the Marine Safety Council at 2, 1994, the Coast Guard published a DATES: Comments must be received on the address under ADDRESSES. The notice of public meeting and availability or before October 17, 1996. request should include the reasons why of study (59 FR 10031) that announced a public meeting would be beneficial. If the availability of the Review, and ADDRESSES: Comments may be mailed to it determines that the opportunity for scheduled a meeting to seek public the Executive Secretary, Marine Safety oral presentations will aid this comment on the recommendations Council (G–LRA/3406) [CGD 94–055], rulemaking, the Coast Guard will hold made in it. U.S. Coast Guard Headquarters, 2100 a public meeting at a time and place The public meeting was held on April Second Street SW., Washington, DC announced by a later notice in the 4, 1994. It was well attended by the 20593–0001, or may be delivered to Federal Register. public, representing a wide range of room 3406 at the same address between towing interests. In response, the Coast 8 a.m. and 3 p.m., Monday through Background and Purpose Guard received a total of 23 written Friday, except Federal holidays. The This proposed rule is necessary as comments beyond free discussion at the telephone number is (202) 267–1477. part of a comprehensive initiative by the meeting itself. These comments are Comments on collection-of-information Coast Guard to improve navigational summarized in the section entitled requirements must be mailed also to the safety for towing vessels. It follows a Discussion of Proposed Rule. Office of Information and Regulatory report directed by the Secretary of The National Transportation Safety Affairs, Office of Management and Transportation, entitled Review of Board (NTSB) also conducted an Budget, 725 17th Street NW., Marine Safety Issues Related to investigation following the Amtrak Washington, DC 20503, Attn: Desk Uninspected Towing Vessels (hereafter casualty. The findings of the NTSB Officer, U.S. Coast Guard. Review), which identified investigation identified one of the The Executive Secretary maintains the improvements in licensing, training, probable causes of the casualty as the public docket for this rulemaking. and qualifications of operators of Coast Guard’s failure to establish higher Comments will become part of this uninspected towing vessels (OUTVs) standards for the licensing of inland docket and will be available for that may be necessary to achieve this operators of towing vessels. This inspection or copying at room 3406, goal. proposed rule aims to update the U.S. Coast Guard Headquarters, between The Secretary of Transportation licensing, training, and qualifications of 8 a.m. and 3 p.m., Monday through initiated the Review after the collision, personnel on towing vessels in order to Friday, except Federal holidays. in September 1993, of a towing vessel reduce similar vessel casualties FOR FURTHER INFORMATION CONTACT: and its barges with a railroad bridge attributable to human factors. LCDR Don Darcy, Operating and near Mobile, Alabama (hereafter Amtrak Specifically, it addresses (1) Levels of Environmental Standards Division, casualty). This casualty was closely licenses; (2) restrictions of licenses by (202) 267–0221. followed by several others involving horsepower; (3) practical SUPPLEMENTARY INFORMATION: towing vessels. Each emphasized the demonstrations of skills; and (4) urgency of examining the rules for the responsibility of industry. Request for Comments licensing of all operators of towing In addition, this proposed rule has The Coast Guard encourages vessels. In general, the Review and a taken into account nine of the interested persons to participate in this previous study, also by the Coast Guard, recommendations from the Review that Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31333 affect licensing: (1) The creation of training, certification and watchkeeping pilotage examination or the associated levels of licenses; (2) a requirement of requirements in STCW. level of proficiency; it merely reflects practical demonstration, by simulator or On July 7, 1995, a Conference of the historical application of titles in the equivalent, for upgrade of license; (3) a Parties to STCW adopted a inland industry. Likewise, the term requirement of practical demonstration, comprehensive package of Amendments ‘‘apprentice mate’’ would need to be by simulator or equivalent, for increase to STCW. The amendments will enter further clarified by attaching in scope of license; (4) a requirement of into force on February 1, 1997. They ‘‘steersman’’ to it for the same reason. practical demonstration, by simulator or will affect virtually all phases of the Therefore, this proposed rule would use equivalent, for renewal of license; (5) a system used in the U.S. to train, test, another, synonymous term, ‘‘steersman limitation, to smaller vessels, of the evaluate, license, certify, and document of towing vessels,’’ for all inland routes. license for second-class operator of merchant mariners for service on Nine written comments concurred uninspected towing vessels; (6) a seagoing vessels. On March 26, 1996, with the scheme proposed here, as requirement of experience on the the Coast Guard published a notice of articulated by Recommendation (1) of Western rivers to receive an proposed rulemaking in the Federal the Review. No comments disagreed endorsement for them; (7) the assurance Register [CGD 95–062] (61 FR 13284), with a new licensing structure that that any new license meets international concerning changes to the U.S. licensing included additional levels. Many standards; (8) provisions for crossover and documentation system to conform comments indicated that the authority or equivalence for masters and mates of to STCW as recently amended. to operate towing vessels should be a restricted authority rather than a lesser- vessels of between 500 and 1,600 gross Discussion of Proposed Rule tons; and (9) emphasis on responsibility included, low-level authority, covered of owners of towing vessels to employ 1. License for master, mate (pilot), or by a license for a master of between 200 qualified, experienced personnel as apprentice mate (steersman) of towing and 1,600 gross tons. operators in charge (or masters) of their vessels. Licenses for operators of Three active mariners, currently vessels. uninspected towing vessels and second- working on the inland routes as OUTVs, This rulemaking arises largely from a class operators of uninspected towing felt that the best way to achieve the cooperative effort between the Coast vessels would no longer be issued under desired level of safety would be to Guard and the towing industry. It this proposed rule. These two licenses eliminate the OUTV license and require reflects oral comments made at the would be replaced with a graduated in its place a first-class pilot’s license; public meeting held on April 4, 1994; series of masters’ and mates’ licenses three towing-industry managers stated written comments in response to this limited to towing vessels in general. that a requirement for this license meeting; and written comments in Holders of current licenses would be would be too restrictive, and suggested response to the Review. Further, the grandfathered into licenses that a master’s license with a route Merchant Marine Personnel Advisory commensurate with their experience. restriction could provide the necessary Committee (MERPAC) created a working These new licenses would be issued at operational flexibility for safe group to generally address the towing- the time of routine renewal. navigation. The Coast Guard safety initiatives. The Coast Guard The TSAC Report recommends a acknowledges that many towing considered the Report of the MERPAC move to a series of licenses because of companies operate over large areas and Working Group, dated June 10, 1994, the increased requirements for licensing might be constrained by a requirement even before the drafting of this proposed of other kinds since the inception of the that every master hold a first-class rule. Further still, the Towing Safety OUTV license, along with increased pilot’s license; however, the Coast Advisory Committee (TSAC) created a requirements for reporting casualties Guard also recognizes that the highest working group to specifically address and for radar training. With all of these level of a mariner’s geographical licensing issues. The Coast Guard also increased requirements, and with broad knowledge would be achieved with a considered the Report of the TSAC acceptance of practical demonstrations requirement for this license. The Coast Working Group on Licensing, dated that are now embodied in this proposed Guard concludes that the addition of a December 5, 1994 (hereafter TSAC rule, TSAC concluded that OUTV practical demonstration of skill during Report), during the drafting of this rule. licenses should be upgraded to licenses evaluation along with an upgrade to The TSAC Report incorporates the of officers: masters and mates by master or mate (pilot) of towing vessels results of numerous working-group whatever names. would effectively raise the safety level meetings, independent research, and Following the TSAC Report, concern of towing without overburdening the analysis of current industry practices. was voiced on the part of many inland- industry or its mariners. towing companies and inland mariners The Coast Guard considered just International Convention on Standards alike that, through the history of the adding levels to the existing OUTV of Training, Certification and inland-towing industry, the term ‘‘mate’’ license, for master of OUTV and mate of Watchkeeping for Seafarers, 1978 has never referred to a licensed officer. OUTV. The TSAC working group (STCW) The term, in this industry, refers to the considered it, too. But the Coast Guard STCW sets qualifications for masters, chief unlicensed deck person, while the and TSAC generally agreed that a officers, and watchkeeping personnel on term ‘‘pilot’’ refers to the licensed structure comprising a sequence of seagoing merchant ships. It was adopted person that operates the vessel. To apprentice mate (or steersman), mate (or in 1978 and it entered into force in recognize and preserve regional features pilot), and master, and specifically 1984. The U.S. became a party in 1991. of the current inland system and reduce limited to towing vessels, was more STCW applies to mariners serving on any undue confusion, this proposed rule appropriate for consistency with the board seagoing vessels (i.e., vessels, would use a synonymous term, ‘‘pilot of U.S. licensing program as a whole. including towing vessels, that operate towing vessels’’. The document The Coast Guard supports two beyond the boundary line as defined in identified by this term would be issued parallel hierarchies of licenses, 46 CFR part 7). Therefore, in addition to instead of another, called ‘‘mate of separated by horsepower, for the the requirements set forth in this towing vessels,’’ for all inland routes. following reasons: (1) The two would rulemaking, mariners serving on This term in no way implies either the create levels of licenses that did not seagoing towing vessels must meet the taking or passing of the first-class exist with the OUTV license, providing 31334 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules the less-experienced mariner, while on whether this work-hour limit would than 8 meters (about 26 feet) in length qualified to stand the watch, the place any practical difficulty on an and are around 500 horsepower. tutelage of a more experienced hand, a individual who serves as a master or Although this proposed rule would not master; (2) the two would serve to mate (pilot) on a towing vessel. apply to vessels that engage solely in signify the greater authority, and The new licensing scheme would no assistance towing, it would affect this responsibility, of mariners in charge of longer treat towing as a lesser-included industry because many vessels that towing vessels, deemed necessary activity allowed by a master’s license. engage in assistance towing also engage because of the ever-increasing size of Under the proposed rule, every towing in commercial towing. The Coast Guard flotillas moved on the inland routes vessel would have to be under the invites comment on whether this rule every day and proved necessary by the command of a mariner licensed should apply to assistance-towing Amtrak casualty; and (3) the two would specifically for towing vessels. Any vessels of limited size and horsepower. provide continuity with licenses issued mariner with the proper training and 2. Requirements for renewal of for Oceans and Great Lakes. skills, as verified through sea service, licenses. One of the recommendations Furthermore, a variation of the examination, and a practical from the Review suggested that hierarchy for 3,000 horsepower or less— demonstration of proficiency, could get applicants for renewals of OUTV limited master, limited mate (pilot), and appropriate endorsements added to his licenses be required to demonstrate limited apprentice mate (steersman) or her license. their skills on a simulator. The Coast licenses—would also be issued for The proposed rule also introduces a Guard finds merit in requiring a routes restricted by the local Officer in new license: apprentice mate demonstration of proficiency, but for Charge, Marine Inspection, instead of (steersman) of towing vessels. TSAC reasons discussed later in this preamble the current limited OUTV license. expressed concern that the current it would not make the use of a simulator During the development of this program of licensing technically allows mandatory. Instead, this proposed rule possible change, some questions have a mariner who meets sea-time would permit the following: (1) arisen regarding the applicability of the requirements and passes a written test Completion of an approved course using two-watch system. The authority for to take control of a vessel that he or she either a simulator or a towing vessel to issuance of licenses for masters and may not possess the knowledge, demonstrate operational skills mates (pilots) of towing vessels would expertise, or experience to operate. associated with towing vessels before a continue to be 46 U.S.C. 7101 and 8904. TSAC, therefore, strongly endorsed the designated examiner; and (2) check-ride The latter statute does not prescribe the concept of an apprentice mate with a designated examiner. types of licenses suitable for (steersman). The purpose was to Additionally, this rule would permit uninspected towing vessels; it only validate a mariner’s competence before mariners to complete a refresher- states that a towing vessel must be giving the mariner the authority to training course on rules of the road in operated by an individual licensed by operate a towing vessel. Other lieu of an examination. the Secretary to operate that type of considerations included the need to 3. Horsepower as basis of authority. vessel in the particular geographic area, know the rules of the road before Current rules treat anyone licensed as under prescribed rules. The Chief actually steering a towing vessel; the an OUTV as qualified, with some Counsel of the Coast Guard has already necessity under STCW to establish a restrictions, to operate all uninspected determined that any towing vessel procedure to document a trainee’s towing vessels. When they were under 200 gross tons, operating at sea progress in watchkeeping; and the need developed, in 1969, several comments under a license structure created to set a time limit for completion of a recommended limiting the license by pursuant to 46 U.S.C. 8904, is permitted training program. The Coast Guard gross tonnage or other suitable criterion. to operate under a two-watch system. agrees, and proposes a license for an The Coast Guard did not adopt this This issue receives some discussion in ‘‘apprentice mate (steersman) of towing recommendation then, because it was 46 CFR 15.705(d). vessels’’. already limiting licenses for Oceans and In the past, every operator was On inland routes, to reduce confusion coastwise routes by a criterion of 200 responsible for the operation of the and maintain continuity with currently gross tons. It also determined then that towing vessel during his or her watch. used terms, the term ‘‘steersman’’ would gross tonnage was not an accurate However, business practices dictated apply instead of the term ‘‘apprentice measure of the overall capability of a that one operator—the senior one, the mate’’. These two terms would be towing vessel to move a tow. Current OUTV—be designated as the captain, synonymous, each restricted by route rules restrict OUTV licenses by route. who could be held responsible to the endorsement. Over 20 years later, the Coast Guard company as a traditional master. The prerequisites for the license as maintains that gross tonnage is not an Nevertheless, the office of the Chief apprentice mate (steersman) would accurate measure of the capability of a Administrative Law Judge reports that, comprise sea service; the successful towing vessel. until the Amtrak casualty, the Coast completion of a Coast Guard The Review recommended limiting Guard had not processed a case of examination; a physical exam; a drug the licenses of master and mate (pilot) suspension or revocation against the test; and a character evaluation. Even of towing vessels by the most OUTV unless, when a casualty with the license, however, the mariner appropriate method, whether towing occurred, he or she was on watch. The would be authorized only to train in the configuration, route, gross tonnage, or Coast Guard concludes that the master’s wheelhouse under the continuous, horsepower, Comments responding to duties, and the overall responsibility direct supervision and observation of a this recommendation chose horsepower associated with overseeing the safety of mariner licensed as master or mate as the best single criterion for the vessel, are indivisible. Because a (pilot) of towing vessels. determining the capability of a towing mariner in command of a towing vessel This rulemaking and several other vessel. under 46 U.S.C. 8904 may not work recent ones have caused concern for the The TSAC Report also identified (even voluntarily) for more than 12 assistance-towing industry. Its vessels horsepower as the best criterion for hours in a consecutive 24-hour period assist disabled vessels for consideration limiting licenses. This Report except in an emergency, the Coast and are licensed under 46 U.S.C. recommends 3,000 horsepower as a Guard invites comments to the docket 8904(b). Many of its vessels are greater break point for issuing licenses: Master Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31335 or mate (pilot) of towing vessels 3,000 the specific nature of their operations, Specific comments regarding changes to horsepower or less, and master or mate and relatively small range in the route endorsements are requested. (pilot) of towing vessels of unlimited horsepower of their vessels, they 5. Demonstration of proficiency. With horsepower. TSAC concluded that only worried that the disruption of the exception of radar-observer training tows of a certain size can be put on operations due to a limitation of and flashing-light communications, the vessels of lower horsepower. Differing licenses by horsepower would outweigh Coast Guard uses the traditional opinions arose among the full advisory the gains in safety. The primary knowledge-based examination. While committee following its working group’s reasoning was that most of their vessels this examination is a reliable, effective recommendation. Some held 3,000 are plus or minus 1,500 horsepower tool to evaluate a mariner’s skills in horsepower too high, some too low; from the 3,000 horsepower; and that, navigation techniques, vessel while others felt that two break points therefore, no vastly different skills are management, safety precautions, were necessary. Nevertheless, the vast necessary. The Coast Guard invites stability calculations, hazardous- majority agreed that it was appropriate comment on whether a special harbor materials regulation, engineering theory, to limit licenses by horsepower. endorsement, free of limitation by and similar subjects, it does not assess However, vessels operating beyond the horsepower, is appropriate. a mariner’s actual proficiency in vessel boundary line would still need an 4. Routes. Under this proposed rule, maneuvering and safe navigation. This STCW endorsement with tonnage of towing vessel licenses would be issued proposed rule would require a practical vessel, even though the license was on the following routes: demonstration of proficiency for a based on horsepower. One comment a. Oceans. mariner to obtain an original license as noted that the average raft of barges b. Near-coastal routes. mate (pilot) of towing vessels. The Coast bound down the Lower Mississippi c. Great Lakes and inland routes. Guard concludes that a performance- River comprises 35 loaded barges and d. Rivers. based assessment would provide a truer contains over 50,000 tons of cargo, and e. Western rivers. measure of a mariner’s skills. When establishing a performance- that the average of these tows is 245 feet f. Restricted local area designated by based assessment, one must keep two wide and 1,200 feet long with a draft of the Officer in Charge, Marine Inspection things in mind: First, the diversity of the 9 to 11 feet. This is longer and wider (OCMI). than any ship that sails the open sea— towing industry; second, the methods The license of a master or mate (pilot) necessary to evaluate a mariner’s skills. and a raft of barges bound up the river of towing vessels endorsed for Oceans can be half again as long. While there is The towing industry covers a lot of would authorize service on Near-coastal ground, in several senses. Fleeting tugs, no precise correlation between routes, Great Lakes and inland routes, horsepower and the number of barges ocean towers, harbor tugs, assistance and Rivers upon 30 days of observation towed, the Coast Guard recognizes the towers, and line haulers all differ from and training on each subordinate route. different skills, knowledge, and one another in their displacements and That of a master or mate (pilot) of responsibility required to maneuver the power. Likewise, they differ from one towing vessels endorsed for Near-coastal larger vessels and more numerous another in their grades—from oceanic routes would authorize service on Great barges when compared to the smaller and coastwise trade, where a tug tows Lakes and inland routes and Rivers vessels and less numerous barges. It has a small number of barges astern on a upon 30 days of observation and determined that a corresponding hawser, to trade on the rivers including training on each subordinate route. distinction is necessary in the licensing the Western rivers, where a tug pushes structure. On the Western rivers, the method of a large number of barges ahead. The Coast Guard agrees that towing, the aids to navigation, the The Coast Guard also recognizes that horsepower is the best single criterion operating methods, and the operating various, specialized vessel-handling for limiting licenses. It further agrees environment are unique. Qualification skills are necessary to maneuver various that a single break point, at 3,000 as a master or mate (pilot) of towing tows and that these are as important to horsepower, would effectively vessels even endorsed for Oceans, Near- evaluate as the traditional knowledge- distinguish between the considerable coastal routes, Great Lakes and inland based examination is to administer. It is skills, knowledge, and responsibility routes, and Rivers would not authorize for these reasons the Coast Guard is necessary to control typical tows and operation on Western rivers. For this proposing a practical demonstration of the extraordinary ones necessary to endorsement, 90 days of operation and proficiency. control gargantuan tows. training on a Western Rivers route To assess a mariner’s practical skills, The Coast Guard also recognizes the would be required. the Coast Guard introduces the concept impact of choosing any particular level For a route endorsement not included of a designated examiner: A towing- of horsepower for the break point. Many in his or her current endorsements, an vessel expert who will provide companies operate numerous towing applicant would have to pass an exam verification of an apprentice mate’s vessels, of varying levels. Therefore, the for the route and serve in the next lower (steersman’s) proficiency in vessel- choice of a level may divide mariners grade for 90 days. After the 90 days of handling and related safety issues. within a company. Within the experience on the applied-for route, the To help designated examiners in their documented towing fleet recorded in lower-trade restriction would be duty, all apprentice mates (steersmen) the Coast Guard’s Marine Safety removed. For example, an individual would have to keep training- and Information System (MSIS), about 20 holding a license as master of towing assessment-record books. These books percent of towing vessels are of 3,000 vessels endorsed for rivers, applying for would specify the training required to horsepower or greater. Therefore, the one as master of towing vessels reach the necessary standard of choice of this level would require only endorsed for a near-coastal route would competence for a license as mate (pilot) about 20 percent of affected mariners to have to pass an exam for this route and of towing vessels. A training- and hold the endorsement for unlimited submit evidence of 90 days of assessment-record book must provide horsepower on their licenses. experience as a mate on this route. certain basic information including an Following the TSAC Report, Upon completion of the required sea indication, by means of the initials or representatives of the harbor-towing service, the applicant would have his or signature of a clearly identified, industry expressed concern. Because of her license endorsed for this route. designated examiner, that the candidate 31336 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules has established, through practical This proposed rule would allow three be completed at the level of apprentice demonstrations, that he or she is alternative methods for assessment of a mate (steersman) since mariners must competent in each of the subjects of mariner’s practical skill. The alternative pass the examination at that level and knowledge, understanding, and methods are (1) Completion of an since this training may also help proficiency. Mariners desiring towing- approved training course with prepare them for the examination; and vessel endorsements on their masters’ or assessment by simulator; (2) completion (c) applicants should receive credit mates’ licenses would also have to of an approved training course with equivalent to sea service for completing complete these books. assessment by check-ride on a towing the training and, if so, how much. Again, given the diversity in the vessel, which may be part of a 7. Examination. The written towing industry, the training- and company’s training program; and (3) examination previously required for the assessment-record book would have to assessment by check-ride on a towing license as OUTV would continue to be be a flexible tool. While this preamble vessel, with a designated examiner. An available for that as apprentice mate mentions a model training- and element common to all would be the (steersman): Its topics, outlined in Table assessment-record book, towing mariner’s having to complete a training- 10.910–2, appear sufficient for that as companies would be free to conform and assessment-record book that apprentice mate (steersman), without their books to the contours of their includes a demonstration of proficiency substantial changes. vessels’ operations. In all cases, the before a designated examiner. However, an examination or some companies’ variants would have to 6. Training. Licensing 2000 refresher training on rules of the road satisfy, for the applicable routes, the recommended increased emphasis on would be necessary for every renewal of minimum standards provided in the approved courses, and other, more a license. TSAC endorsed this concept, model. The books would be freestanding formalized methods of training, rather agreeing that refresher training on rules documents and, ultimately, the than ‘‘seatime,’’ as the principal of the road might prevent some responsibility of the individual mariners guarantor of competency. Both MERPAC casualties and help improve the overall to maintain. After review of them, the and TSAC have endorsed this proficiency of mariners in charge of all designated examiners would conduct recommendation. The TSAC Report vessels. Specific comment is requested final assessments of specific skills. recommends that every applicant for the on how this proposed rule can better define examination and refresher Three of the recommendations in the license as mate (pilot) of towing vessels training on rules of the road. Review suggested that simulators complete an approved training program that covers (a) Classroom instruction in 8. Designated examiner. As defined in should become a mandatory method of shipboard management, seamanship, this proposed rule, a designated assessing an individual’s competence, navigation, radar, meteorology, examiner is an individual trained or for an original license, a renewal of maneuvering and handling vessels, instructed in assessment techniques and license, and a change in scope of engine basics, preventing and fighting otherwise qualified to evaluate whether license. Four comments, three of whose fires, emergency procedures, and a candidate for a license, document, or writers hailed from the oceanic and lifesaving and environmental endorsement has achieved the level of coastal towing industry, agreed that regulations; and (b) demonstration of competency necessary to hold the simulators should become a mandatory proficiency on board a towing vessel. license, document, or endorsement. method. Fourteen comments, in dissent The Coast Guard concurs with the This individual may be personally from these recommendations and recommendation of the TSAC Report designated by the Coast Guard, or be comments, opposed simulators’ and has included in this proposed rule designated within the context of an becoming a mandatory method for a provision for a training course. This approved program of training or towing vessels. Primary arguments would involve classroom instruction assessment approved by the Coast included the limited application of and practical demonstration of Guard. simulators for shallow-draft, close- proficiency either on board a towing The Coast Guard is working with quarters maneuvering; their lack of vessel or at a shoreside training facility MERPAC and TSAC to identify criteria availability; and their costs as an undue (i.e., on a simulator). Many towing for certifying designated examiners. The hardship. (All of these comments, companies currently have in place MERPAC working groups engaged in however, agreed that some form of model training programs that employ these efforts have settled on a concept practical demonstration of proficiency practical, ‘‘hands-on’’ assessment of under which the Coast Guard would would be beneficial in assessing competence and classroom training. individually certify designated mariners’ competence.) MERPAC These programs have proved highly examiners who meet the following similarly concluded that simulators effective and are in keeping with current criteria: ‘‘(a) have attained a level of were not a feasible method of international and domestic initiatives qualification at least equivalent to the assessment to require at this time. that encourage mariners to complete qualifications for which the assessment The TSAC Report recommends that either training programs or courses. is being conducted; (b) have at least 2 the Coast Guard continue to research the Nevertheless, to be consistent with years of operational experience in a application of simulators. TSAC requirements for other masters’ and capacity corresponding to the level of recognizes that simulators are excellent mates’ licenses, this rule would not qualification concerned; and (c) tools and offer the possibility of make completion of an approved course understand and implement assessment practical demonstrations of proficiency mandatory. Instead, under this rule a techniques and evaluation processes once the problems of performance mariner could complete an approved established by the U.S. Coast Guard.’’ standards, availability, and cost are training course or demonstrate his or Meanwhile, TSAC proposed similar resolved. her skills before a designated examiner criteria, but recommended specific While the Coast Guard sees great to satisfy the requirement for practical training in assessment techniques and merit in the use of simulators, it demonstration of skills for the license as evaluation processes and either one acknowledges the same three problems. mate (pilot) of towing vessels. The Coast written recommendation from a towing Accordingly, this proposed rule would Guard invites comment on whether (a) company attesting the applicant’s make the use of simulators, in the this training should be made mandatory qualification to serve as designated assessment of competence, optional. for all applicants; (b) the training should examiner or three letters of Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31337 recommendation from masters of towing completion of mariners’ training- and hierarchy of licenses for towing vessels vessels. assessment-record books. This increase under 200 gross tons. The Coast Guard invites comment in responsibility also is consistent with 9. Sections 10.412(a), 10.414(a), and concerning (a) its involvement in Licensing 2000 and with the TSAC 10.420 would be revised by removing individually certifying designated Report, both of which urge increased the words ‘‘operator of uninspected examiners and (b) the specific responsibility, and accountability, by towing vessels,’’. assessment and instruction training companies for the competence and 10. Section 10.418(b) would be techniques necessary for those who quality of mariners. revised to require 1 year of service as assess candidates for towing vessel master or mate (pilot) of towing vessels licenses or endorsements. Summary of Proposed Changes on Oceans or Near-coastal routes to be 9. Approved training other than 45 CFR Part 10—Licensing of Maritime eligible for a license as master of Ocean approved courses. The Coast Guard is Personnel or Near-coastal steam or motor vessels including in this proposed rule and in of not more than 500 gross tons. 1. In general, throughout this part the that in CGD 95–062 (61 FR 13284; 11. Section 10.446(b) would be terms ‘‘operator of uninspected towing March 26, 1996), on STCW, an revised by increasing the service vessels’’ and ‘‘second-class operators of alternative to its current course- requirement to be eligible for a license uninspected towing vessels’’ would be approval system. Proposed new § 10.309 as master of Great Lakes and inland replaced by ‘‘master of towing vessels’’ rests on the principle of self- steam or motor vessels of not more than and ‘‘mate (pilot) of towing vessels’’. certification with minimal Coast Guard 500 gross tons from 6 months to 1 year Furthermore, a license and title of oversight based on acceptance by the of service as master of towing vessels. ‘‘apprentice mate (steersman ’’ would be Coast Guard of certain materials and 12. Section 10.463 would be added to added as the first step toward a license procedures to maintain standards. In explain (a) the hierarchy of licenses for as master or mate (pilot) of towing other words, completion certificates masters and mates (pilots) of towing vessels. vessels and (b) route endorsements. The issued by training programs that meet 2. The authority citation for part 10 Coast Guard proposes issuing licenses the conditions stated in that section would be revised by adding 14 U.S.C. as master and mate (pilot) of towing could be accepted as proof of passage of 633 and 46 U.S.C. 2110, 7109, 7302, vessels in two categories: unlimited the ‘‘approved training course.’’ 7505, and 7701. horsepower and 3,000 horsepower or This could be done by a process like 3. Section 10.103 would be revised by less. Towing vessel licenses are, and that used to credit ‘‘approved seagoing adding definitions of the following: will continue to be, endorsed for Oceans service’’ after the fact, on sufficient apprentice mate (steerman) of towing documentary proof. If the Coast Guard vessels; approved training; Coast-Guard- and Near-coastal routes by the gross learned that the conditions set out in accepted; designated examiner; pilot of tonnage of the towing vessels on which new § 10.309 were not being met by a towing vessels; practical demonstration; the experience was acquired. Other particular training program, it would qualified instructor; standard of route endorsements without limits of not accept certificates of completion of competence; and steersman of towing gross tonnage are, and will continue to the program as proof of completion of vessels. be, Great Lakes and inland routes, the necessary training itself. The 4. Section 10.201(f)(2) would be Rivers, Western rivers, and Restricted conditions for conducting approved revised by requiring that an apprentice local areas designated by Officers in training other than approved courses are mate (steersman) of towing vessels be at Charge, Marine Inspection. set out in new § 10.309. least 18 years of old. 13. Section 10.464 would be revised The Coast Guard welcomes comment 5. Section 10.209(c)(6) would be to explain the proposed requirements on this alternative approach, added and would require each applicant for masters of towing vessels, including particularly with respect to its own for renewal of a license as master or training and service. For a license as involvement in overseeing and mate (pilot) of towing vessels to submit master of towing vessels, regardless of maintaining standards through a Coast- satisfactory evidence both of practical horsepower, the requirement would Guard-acceptance procedure. demonstration of skills before a normally be 4 years of total service. 10. Responsibility of towing vessel designated examiner or completion of Section 10.464 would also explain owners and operators. One of the an approved course and of rules-of-the- requirements for a master of self- recommendations in the Review stated road examination or refresher training. propelled vessels of greater than 200 that the Coast Guard should emphasize 6. Section 10.304(e) would be added gross tons to get a towing-vessel the responsibility of towing-vessel to require the completion of a training- endorsement: pass a written owners to employ only qualified, and assessment-record book, for a examination on towing; obtain 30 days experienced personnel as operators in license as mate (pilot) of towing vessels. of training and observation on towing charge or masters of their vessels. Five 7. Section 10.309 would be added to vessels on the route for which the comments agreed with this, and none provide an alternative to the course- endorsement is requested (this opposed it. approval system in § 10.302. The endorsement would be restricted to the The Coast Guard concludes that training would have to be set out in a horsepower of the service presented); towing companies have taken on this Coast-Guard-accepted written syllabus complete a Coast-Guard-accepted responsibility in the past, given the showing the subjects covered, the training- and assessment-record book; front-end qualifications for licensing. classroom time required, and the and present satisfactory evidence of Many companies have already qualifications of the instructors. successful completion of a practical demonstrated their commitment to Simulators could be used in this demonstration before a designated safety by training and evaluating their training if they met applicable examiner. employees. Under this proposed rule, performance standards and were used 14. Section 10.465 would be added to they would share greater responsibility by an instructor with appropriate explain the proposed requirements for for mariners’ training and qualifications guidance in instructional techniques mates (pilots) of towing vessels, by establishing approved training involving their use. including required training and service. courses, by recommending designated 8. In § 10.403, Figure 10.403 would be For a license as mate (pilot) of towing examiners, and in overseeing the revised by adding the proposed vessels, regardless of horsepower, the 31338 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules requirement would normally be 30 20. Section 15.301(b)(6) would be decrease the number of fatalities and months of total service. This section removed because the terms master and injuries in the towing industry. If this would also describe proposed mate (pilot) appear in paragraphs (1) proposal causes a reduction in the requirements for completion of a and (2). number of fatalities by 37 in 1997, 29 in training- and assessment-record book 21. Section 15.610 would be revised 1998, 23 in 1999, 13 in 2000, 10 in 2001, and for a practical demonstration of by requiring every towing vessel at least and 8 in 2002, the benefits will exceed proficiency before a designated 8 meters (about 26 feet) in length to be the costs. The complex cumulative examiner. under the direction and control of a effect of human error makes it difficult Section 10.465 would also explain person licensed as master or mate (pilot) to quantify the exact benefits of the requirements for a mate of self- of towing vessels or as master or mate proposal. One way to reduce the risks propelled vessels of greater than 200 of appropriate gross tonnage holding an associated with human error in gross tons to get a towing-vessel endorsement of his or her license for operating towing vessels is to ensure endorsement: pass a written towing vessels. that mariners maintain the highest examination on towing; obtain 30 days 22. Section 15.805(a)(5) would be practicable standards of training, of training and observation on towing added to require that every towing certification, and competence. The vessels on the route for which the vessel of 8 meters (about 26 feet) or proposal is intended to accrue benefits endorsement is requested (this more in length must be under the from a reduction of towing vessel endorsement would be restricted to the command of an individual holding an accidents and injuries through an horsepower of the service presented); appropriate license as master. increased awareness of safe towing complete a Coast-Guard-accepted 23. In § 15.810, a new paragraph (d) practices. would require that the person in charge training- and assessment-record book; Costs: There are about 5,400 of the navigation or maneuvering of a and present satisfactory evidence of documented towing vessels in the towing vessel of 8 meters (about 26 feet) successful completion of a practical United States. The impact on the people or more in length shall hold either a demonstration before a designated now operating these vessels would be license authorizing service as mate examiner. low because holders of current licenses (pilot) of towing vessels—or, on inland 15. Section 10.466 would be would be grandfathered into licenses routes; as pilot of towing vessels—or a redesignated as § 10.467, and a new commensurate with their experience. license as master of appropriate gross § 10.466 would be added to explain the Because these new licenses would be tonnage endorsed for towing vessels. requirements for apprentice mate issued at the time of routine renewal, (steersman) of towing vessels including 24. Section 15.910(a) would be revised to require that ‘‘No person may there would be no new users’ fees for the following: he or she would have to them. This proposed rule, however, prove 18 months of service on deck, 12 serve as master or mate (pilot) of any towing vessel of 8 meters (about 26 feet) would result in increased fees for new months of this on towing vessels; and he entrants into the industry. They would or she would have to pass an or more in length unless he or she holds a license explicitly authorizing such now have to obtain several intermediate examination. licenses to reach the license with the 16. For an added endorsement of service.’’ broadest operating authority, paying a route on any of these licenses, an Regulatory Evaluation separate fee for each license. As of applicant holding any of these licenses December 1, 1993, there were 12,019 would have to prove 3 months of This proposal is not a significant licensed OUTVs. From 1989 to 1993, an experience on towing vessels, in the regulatory action under section 3(f) of average of 473 new licenses as OUTVs next lower grade, on the route Executive Order 12866 and does not were issued annually, and an average requested. require an assessment of potential costs 17. Section 10.482(a) would be and benefits under section 6(a)(3) of that 1,931 licenses as OUTVs were renewed revised to explain the requirements to Order. It has not been reviewed by the annually. qualify for an endorsement authorizing Office of Management and Budget under The probable costs in user’s fees for an applicant to engage in assistance that Order. It is not significant under the an entrant into the towing industry are towing. The endorsement would apply regulatory policies and procedures of as follows: to all licenses except those for master the Department of Transportation (DOT) 1. The license for an apprentice and mate (pilot) of towing vessels and (44 FR 11040; February 26, 1979). The would be issued at the current user’s those authorizing service on inspected Coast Guard expects the economic fees for a license as an OUTV. These vessels over 200 gross tons. Holders of impact of this proposal to be so minimal fees are as follows: any of these licenses could engage in that a full Regulatory Evaluation under Evaluation fee ...... $65.00 assistance towing within the scope of paragraph 10e of the regulatory policies Examination fee ...... 80.00 the licenses and without the and procedures of DOT is unnecessary. Issuance fee ...... 35.00 endorsement. Benefits: The report directed by the 18. In § 10.903, paragraphs (a)(18) and Secretary of Transportation, Review of Total ...... 180.00 (b)(4) would be revised to show that the Marine Safety Issues Related to Note: Because these fees are part of the licenses for apprentice mate (steersman) Uninspected Towing Vessels, directly current user’s fees, none would represent of towing vessels would require attributed 7,664 vessel casualties, ‘‘new money’’. examinations and that the licenses for including that involving the MORRIS J. master or mate (pilot) of towing vessels BERMAN, to personnel error. The Coast 2. Now, the holder of a license as an (endorsed for the same route) would Guard affirms that, of that 60 percent of OUTV pays these fees once and pays no not. towing-vessel casualties, the dominant others. If the hierarchy of licenses as categories of human error were masters or mates (pilot) of towing 46 CFR Part 15—Manning Requirements management, operator status, vessels were adopted, the mariner 19. The authority citation for part 15 knowledge, and decision-making, which would pay evaluation and issuance fees would be revised to add 46 U.S.C. 2103, are all relevant to this proposal. for each successive license. These fees 8101, 8502, 8901, 8902, 8903, 8904, and The training required by this proposal are as follows: 9102 and 50 U.S.C. 198. has the potential to significantly Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31339

License Fee (evaluation and issuance) ...... $100.00 Multiplied by the additional levels of licensing ...... ×2 Total added cost for each licensed master ...... $200.00 New licenses issued each year ...... 473 Towing-vessel endorsements on other licenses (estimated) ...... +47

Total mariners affected each year ...... 520 Total added costs for each licensed master ...... $200.00 Multiplied by the total masters affected each year ...... ×520

Maximum additional cost for new applicants ...... $104,000.00

Note: These costs would be incurred over It would, however, incur and pass along uses simulators to test proficiency. The a minimum of 31⁄2 years. costs for demonstrations of proficiency. Coast Guard estimates that an additional The actual figure should be far less It expects that these costs would be 5 percent might elect this method as a than this maximum additional cost shared by the mariner and the employer. result of this rulemaking. The latter because not all masters and mates There are three, alternative methods number might grow as simulators (pilots) would rise through all levels. of demonstrating proficiency; they and become more readily available. The Further, the issuance of new licenses their costs appear as follows: following calculations represent the may supersede renewal fees. (1) Completion of an approved estimated prevalence of the use of The Coast Guard would not increase training course using a simulator to simulators to demonstrate proficiency the user’s fee for its evaluation of a demonstrate proficiency. Around 5 and the estimated costs of that use: mariner’s demonstrations of proficiency. percent of the towing industry currently

PREVALENCE OF SIMULATORS TO DEMONSTRATE PROFICIENCY New licenses issued each year ...... 520 Multiplied by the percentage of new applicants using simulators ...... (5%)×.05

New licenses based on simulator proficiency ...... 26 COST OF USE OF SIMULATOR TO DEMONSTRATE PROFICIENCY Estimated cost of one-week simulator course ...... $5,000.00 Multiplied by the number of students ...... ×26

Total costs each year ...... $130,000.00

(2) Completion of an approved towing companies already have formal mariners would attend a course offered training course using a towing vessel to training courses available for their deck by a maritime training facility not demonstrate proficiency. The Coast officers. With this in mind, the Coast associated with a company. The new Guard estimates that 65 percent, or 338 Guard estimates that 70 percent of the costs associated with this option would of the 520 mariners who obtain towing 338 mariners, or 237 mariners, would be be paid by the mariner if he or she did licenses annually, would use this trained by company programs already in not have access to a towing company’s option. An estimated 70 percent of place. Therefore, approximately 101 in-house course.

ESTIMATED NUMBERS USING COMPLETION OF A TRAINING COURSE TO DEMONSTRATE PROFICIENCY New licenses issued each year ...... 520 Minus those based on using simulators (and check-rides, below) ...... ¥182 New licenses based on using training course ...... 338 Multiplied by percentage of individuals not covered by company training programs ...... (30%)×.30 New licenses based on training courses excluding existing company programs ...... 101 ESTIMATED TOTAL ANNUAL COST OF NEW TRAINING COURSES Cost for each new applicant ...... $5,000 Multiplied by number of students ...... ×101

Total costs each year ...... $505,000

(3) Check-ride with a designated companies would use this method. ride, would most likely be shared by the examiner. A survey by TSAC suggests These costs, including hiring a mariner and the employer: that about 30 percent of towing designated examiner for a final check-

ESTIMATED NUMBERS USING CHECK-RIDES TO DEMONSTRATE PROFICIENCY New licenses issued each year ...... 520 Multiplied by the percent of new applicants using check-rides ...... (30%)×.30 New licenses based on using check-rides ...... 156 ESTIMATED COSTS OF USING CHECK-RIDES Wage of towing operator (for 12-hour day) ...... $350.00 Wage of same operator (for 1 hour) ...... $30.00 Multiplied by duration of check-ride (in hours) ...... ×5 Cost for each check-ride ...... $150.00 31340 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules

ESTIMATED TOTAL ANNUAL COSTS OF USING CHECK-RIDES Cost for each check-ride ...... $150.00 Multipled by the number of new licenses based on using check-rides ...... ×156

Total cost each year ...... $23,400.00

Estimated numbers of operators the cost of training the designated endorsement as designated examiner. applying for endorsement as designated examiner in assessment technique. The following calculations demonstrate examiner. The Coast Guard estimates that 5 estimated costs of training designated A common cost included in all three percent of the current operators of examiners in examination techniques: methods of demonstrating proficiency is towing vessels would apply for the

COST OF OPERATORS APPLYING FOR ENDORSEMENT AS DESIGNATED EXAMINER Total number of operators of towing vessels as of April 1996 ...... 12,895 Multiplied by the percentage of operators applying for endorsement as designated examiner ...... (5%)×.05 Total number of designated examiners 645 Cost of training in examination techniques ...... ×$250

Total cost of training designated examiners ...... $161,250

Estimated cost of refresher training on The costs assume that all licensed Coast Guard examination, for renewal of rules of the road for renewal of license. masters and mates complete refresher their license. training on rules of the road, instead of Total number of operators of towing vessels as of April 1996 ...... 12,895 Divided by number of years in cycle of renewal ...... ÷5 Number of renewals each year ...... 2,579 Multiplied by the estimated cost of refresher training ...... ×$150

Total annual cost of refresher training ...... $386,850 ESTIMATED ANNUAL COSTS OF THIS RULEMAKING ARE AS FOLLOWS: Users’ fees ...... $104,000 Approved training course using a simulator ...... 130,000 Approved training course using a towing vessel ...... 505,00 Check-rides with designated examiner ...... 23,400 Designated examiners’ training ...... 161,250 Refresher training ...... 386,850

Annual new costs for rulemaking ...... 1,310,500

Small Entities organization qualifies as a small entity Title: Licensing and Manning for and that this rule would have a Officers of Towing Vessels. Under the Regulatory Flexibility Act significant economic impact on your Need For Information: This proposed (5 U.S.C. 601 et seq.), the Coast Guard business or organization, please submit rule would require every mariner who must consider whether this proposed a comment (see ‘‘ADDRESSES’’) seeks an original license as mate (pilot) rule, if adopted, would have a explaining why it qualifies and in what of towing vessels or an endorsement for significant economic impact on a way and to what degree this proposed towing vessels to have a training- and substantial number of small entities. rule would economically affect it. assessment-record book. It may also ‘‘Small entities’’ may include (1) small require a report on a final check-ride Collection of Information businesses and not-for-profit before a designated examiner. These organizations that are independently Under the Paperwork Reduction Act recordkeeping requirements are largely owned and operated and are not (44 U.S.C. 3501 et seq.), the Office of consistent with good commercial dominant in their fields and (2) Management and Budget (OMB) reviews practices to the end of good seamanship governmental jurisdictions with each proposed rule that contains a for safe navigation. The following is a populations of less than 50,000. collection-of-information requirement to section-by-section justification of them: This proposed rule would place its determine whether the practical value of Proposed § 10.304(e) would require primary economic burden on the the information is worth the burden each applicant for a license as mate mariners, not on their employers—who imposed by its collection. Collection-of- (pilot) of towing vessels, and each may, though they need not, assume information requirements comprise master or mate of self-propelled vessels responsibility for this burden. The Coast reporting, recordkeeping, notification, of greater than 200 gross tons seeking an Guard expects that, of the employers and other, similar requirements. endorsement for towing vessels, to who would assume this responsibility, This proposed rule contains complete a training- and assessment- few if any would be small entities. collection-of-information requirements record book. Therefore, the Coast Guard certifies in §§ 10.304, 10.309, 10.463, 10.464, and Proposed §§ 10.309 (a)(10) and (b) under 5 U.S.C. 605(b) that this rule, if 10.465. The following particulars apply: would, respectively, require those adopted, would not have a significant monitoring the training under this economic impact on a substantial DOT No.: 2115. section to communicate their number of small entities. If, however, OMB Control No.: 2115 AF23. conclusions to the Coast Guard within you think that your business or Administration: U.S. Coast Guard. 1 month of the completion of the Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31341 monitoring and require those providing and to the Coast Guard where indicated Coast-Guard-accepted means that the the training to submit a certificate to the under ADDRESSES. Coast Guard has acknowledged in Coast Guard once a year. writing that the material or process at Federalism Proposed § 10.463(h) would require a issue meets the applicable requirements; company to maintain evidence that The Coast Guard has analyzed this that the Coast Guard has issued an every vessel it operates is under the proposal under the principles and official policy statement listing or direction and control of a licensed criteria contained in Executive Order describing the material or process as mariner with appropriate experience, 12612 and has determined that this meeting the applicable requirements; or including 30 days of observation and proposal does not have sufficient that an entity acting on behalf of the training on the intended route. This federalism implications to warrant the Coast Guard under a Memorandum of could be accomplished with copies of preparation of a Federalism Assessment. Agreement has determined that the current licenses and voyage records that Environment material or process meets the applicable most companies already keep. requirements. Proposed § 10.464(d)(2) would require The Coast Guard considered the environmental impact of this proposal * * * * * masters of vessels of greater than 200 GT Designated Examiner means an and concluded that, under paragraph to maintain training- and assessment- individual who has been trained or 2.B.2 of Commandant Instruction record books for license endorsements instructed in techniques of training or M16475.1B, this proposal is as master of towing vessels. Collection assessment and is otherwise qualified to categorically excluded from further of this information is necessary to evaluate whether a candidate for a environmental documentation. The rule ensure that the mariner has completed license, document, or endorsement has is a matter of ‘‘training, qualifying, the series of qualification for licensing. achieved the level of competence licensing, and disciplining of maritime Proposed § 10.465(d)(2) would require required to hold the license, document, personnel’’ within the meaning of mates of vessels of greater than 200 GT or endorsement. This individual may be subparagraph 2.B.2.e.(34)(c) of to maintain a training- and assessment- designated by the Coast Guard or by a Commandant Instruction M16475.1B record books for license endorsements Coast-Guard-approved program of that clearly has no environmental as mate (pilot) of towing vessels. training or assessment. Collection of this information is impact. A ‘‘Categorical Exclusion Determination’’ is available in the * * * * * necessary to ensure that the mariner has Pilot of towing vessels means a completed the series of qualification for docket for inspection or copying where indicated under ADDRESSES. qualified officer of towing vessels licensing. operating exclusively on inland routes. Proposed §§ 10.465(a)(2), (b)(2), (c)(2) List of Subjects Practical demonstration means the and (d)(2) would require a final check- 46 CFR Part 10 performance of an activity under the ride before a designated examiner. They direct observation of a designated would then require the applicant to Reporting and recordkeeping examiner for the purpose of establishing submit his or her completed training- requirements, Schools, Seamen. that the performer is sufficiently and assessment-record book to the Coast 46 CFR Part 15 proficient in a practical skill to meet a Guard Regional Examination Center. specified standard of competence or Collection of this information is Reporting and recordkeeping other objective criterion. necessary because it would raise the requirements, Seamen, Vessels. Qualified instructor means an safety of towing by upgrading the For the reasons set out in the individual who has been trained or evaluation process. preamble, the Coast Guard proposes to instructed in instructional techniques Proposed use of Information: This amend 46 CFR parts 10 and 15 as and is otherwise qualified to provide information would warrant the mariner follows: required training to candidates for qualified to hold a license for the licenses, documents, and endorsements. service in which he or she would PART 10ÐLICENSING OF MARITIME PERSONNEL * * * * * engage. Standard of competence means the Frequency of Response: Evidence of 1. Revise the authority citation for level of proficiency to be achieved for qualification for an original license as part 10 to read as follows: the proper performance of duties aboard mate (pilot) of towing vessels under Authority: 14 U.S.C. 633; 31 U.S.C. 9701; a vessel in accordance with any proposed § 10.465 would accumulate 46 U.S.C. 2101, 2103, 2110, 7101, 7106, 7107, applicable national and international periodically during an 18-month period. 7109, 7302, 7505, 7701; 49 CFR 1.45 and criteria. Final check-ride before a designated 1.46. Section 10.107 is also issued under the Steersman of towing vessels means a examiner under proposed authority of 44 U.S.C. 3507. mariner qualified to perform §§ 10.465(a)(2), (b)(2), (c)(2), and (d)(2) 2. To § 10.103, add definitions, in watchkeeping on the bridge, aboard a would entail a one-time record after the alphabetical order, to read as follows: towing vessel operating exclusively on mariner’s training- and assessment- inland routes, while in training under record book had been completed. § 10.103 Definitions of terms used in this the direct supervision of a licensed Burden Estimate: 1,590 hours. part. master, mate, or pilot of towing vessels. Respondents: 1,060 mariners of Apprentice mate (steersman) of * * * * * towing vessels. towing vessels means a mariner Average Burden Hours Per qualified to perform watchkeeping on § 10.201 [Amended] Respondent: 1.5 hours. the bridge while in training under the 3. In § 10.201, in paragraph (f)(1), The Coast Guard has submitted the direct supervision of a licensed master, remove the words ‘‘second-class requirements to OMB for review under mate, or pilot of towing vessels. operator of uninspected towing vessel’’ section 3507 of the Paperwork Approved training means training that and add, in their place, the words ‘‘mate Reduction Act. Persons submitting is approved by the Coast Guard or meets (pilot) of towing vessels (19 years)’’; comments on the requirements should the requirements of § 10.309. and, in paragraph (f)(2), remove the submit their comments both to OMB * * * * * words ‘‘designated duty engineer of 31342 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules vessels of not more than 1,000 (ii) Either passing a rules-of-the-road that emphasize specific knowledge, horsepower, may be granted to an examination or completing a refresher- skills, and abilities, and include criteria applicant who has reached the age of 18 training course. to use in establishing a candidate’s years.’’ and add, in their place, the * * * * * successful achievement of the words ‘‘designated duty engineer of 7. In § 10.304, revise the heading and objectives. vessels of not more than 1,000 add paragraph (e) to read as follows: (2) The training must be set out in a horsepower, or apprentice mate written syllabus that conforms to a (steersman) of towing vessels, may be § 10.304 Substitution of training for Coast-Guard-accepted outline for such required service, and use of training- and training and includes— granted to an applicant, otherwise assessment-record books. qualified, who has reached the age of 18 (i) The sequence of subjects to be years.’’ * * * * * covered; (e) Each applicant for a license as (ii) The number of classroom hours in § 10.203 [Amended] mate (pilot) of towing vessels, and each the presence of a qualified instructor to master or mate of self-propelled vessels 4. In § 10.203, in Table 10.203, be spent on each subject; of greater than 200 gross tons seeking an (iii) The identity and professional remove the word ‘‘Uninspected’’ from endorsement for towing vessels, shall qualifications of each instructor before the words ‘‘towing vessels’’ and complete a training- and assessment- conducting the training; capitalize the first letter in the word record book that contains at least the (iv) The identification of other media ‘‘towing’’ in column one; and remove following: or facilities to be used in conducting the the words ‘‘Operator: 21; 2/c operator: (1) Identification of the candidate, training; and 19.’’ from the license category just including full name, home address, (v) Measurements at appropriate amended to read ‘‘Towing vessels’’ in photograph or photo-image, and intervals of each candidate’s progress column two (minimum age) and add, in personal signature. toward acquisition of the specific their place, the words ‘‘Master of towing (2) Objectives of the training and knowledge, skills, and abilities stated in vessels: 21; mate (pilot) of towing assessment. the objectives. (3) Tasks to be performed or skills to vessels: 19; apprentice mate (steersman): (3) Except as provided in paragraphs 18’’. be demonstrated. (4) Criteria to be used in determining (a) (4) and (5) of this section, § 10.205 [Amended] that the tasks or skills have been documentary evidence must be readily available to establish that all 5. In § 10.205, in paragraph (f)(1), performed properly. (5) Places for a qualified instructor to instructors— remove the words ‘‘operator of indicate by his or her initials that the (i) Have experience, training, or uninspected towing vessels’’ and add, in candidate has received training in the instruction in effective instructional their place, the words ‘‘master or mate proper performance of the tasks or techniques; (pilot) of towing vessels’’; and, in skills. (ii) Are qualified in the task for which paragraph (g)(3), remove the words ‘‘All (6) A place for a qualified examiner to the training is being conducted; and operators of uninspected towing vessels, indicate by his or her initials that the (iii) Hold the level of license, oceans (domestic trade)’’ and add, in candidate has successfully completed a endorsement, or other professional their place, the words ‘‘All licenses for practical demonstration and has proved credential required of those who would master or mate (pilot), except apprentice competent in the task or skill under the apply, on board a vessel, the relevant mate (steersman), for towing vessels on criteria. level of knowledge, abilities, and skills Oceans’’. (7) Identification of each qualified described in the training objectives. 6. In § 10.209, revise paragraph (c)(1) instructor by full name, home address, (4) Neither a specialist in a particular introductory text and add paragraph employer, job title, ship name or field of non-maritime education, such as (c)(6) to read as follows: business address, number of any Coast mathematics or first aid, nor an Guard license or document held, and individual with at least 3 years of § 10.209 Requirements for renewal of personal signature. service as a member of the Armed licenses and certificates of registry. (8) Identification of each designated Forces of the United States specializing * * * * * examiner by full name, home address, in the field in which he or she is to conduct training, need hold a maritime (c) * * * employer, job title, ship name or business address, number of any Coast license or document to conduct training (1) Except as provided in paragraph Guard license or document held, and in that field. (c)(6) of this section, to renew a license personal signature confirming that his (5) A simulator may be used in as master, mate, engineer, pilot, or or her initials certify that he or she has training if— operator, the applicant shall— witnessed the practical demonstration (i) The simulator meets applicable * * * * * of a particular task or skill by the performance standards; candidate. (ii) The instructor has gained practical (6) An applicant for renewal of a operational experience on the particular license as master or mate (pilot) of 8. Add section 10.309 to read as follows: type of simulator being used; and towing vessels shall submit satisfactory (iii) The instructor employing the evidence, predating the application by § 10.309 Approved training other than simulator has received appropriate not more than 1 year, of satisfying the approved courses. guidance in instructional techniques requirements of paragraph (c)(1) (i) or (a) When the training and assessment involving the use of simulators. (ii), or those of paragraph (c)(1)(iv) of competence required by this part are (6) Essential equipment and except the exercise; and not subject to § 10.302 and are not being instructional materials must afford all (i) Either completing a practical used to substitute for seagoing service, candidates adequate opportunity to demonstration of maneuvering and they may meet the following participate in exercises and acquire handling a towing vessel before a requirements: practice in performing required skills. designated examiner or completing an (1) The training and assessment must (7) A process of routinely assessing approved course; and have written, clearly defined objectives the effectiveness of the instructors, Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31343 including the use of confidential observations or for reaching any (1) The Coast Guard will notify the evaluations by candidates, must be in particular conclusions. provider of the training by letter place. (10) Those monitoring the training enclosing a report of the observations (8) Records of candidates’ shall communicate their conclusions to and conclusions; performance must be maintained for at the Coast Guard within 1 month of the (2) The provider will have a specified least 1 year. completion of the monitoring. (9) To ensure that the training is (11) Those providing the training period to appeal the conclusions to the meeting its objectives, and the shall let the Coast Guard observe the appropriate official at Coast Guard requirements of paragraph (a) of this training and review documents relative Headquarters, or to bring the training section, its offeror shall monitor it at to paragraphs (a) (1) through (10) of this into compliance; and suitable intervals in accordance with a section. (3) If the appeal is denied—or the Coast-Guard-accepted quality-standards (b) The Coast Guard will maintain a deficiency is not corrected in the system, which must include the list of training each of whose providers allotted time, or within any additional following features: annually submits a certificate, signed by period held by the Coast Guard, (i) Those monitoring the training shall the provider or its authorized considering progress toward be persons knowledgeable about the representative, stating that the training compliance, to be appropriate—the subjects being monitored and about the fully complies with requirements of this Coast Guard will remove the training national and international requirements section. Training on this list will from the list referred to in paragraph (b) that apply to the training, and shall not presumptively constitute the training of this section until it can verify full themselves be involved in the training. necessary for licenses and STCW compliance; and it may deny (ii) Those monitoring the training endorsements under this part. The Coast applications, based in whole or in part, shall enjoy convenient access to all Guard will update this list periodically on training not on the list until appropriate documents and facilities, and make it available to members of the additional training or assessment is and opportunities both to observe all public on request. documented. appropriate activities and to conduct (c) If the Coast Guard determines, on confidential interviews when necessary. the basis of observations or conclusions 9. In § 10.403, revise Figure 10.403 to (iii) Arrangements must be such as to either of its own or by those monitoring read as follows: ensure that persons monitoring the the training, that particular training § 10.403 Deck license structure. training are not penalized or rewarded, does not satisfy one or more of the directly or indirectly, by the sponsor of conditions described in paragraph (a) of * * * * * the training for making any particular this section— BILLING CODE 4910±14±M 31344 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules

BILLING CODE 4910±14±C Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31345

§ 10.412 [Amended] mate (pilot) of towing vessels and a (g) Before serving as master or mate 10. In § 10.412(a), remove the words limited examination. (pilot) of towing vessels on Western ‘‘operator of uninspected towing rivers, the licensed mariner shall § 10.452 [Amended] vessels,’’. possess 90 days of observation and 18. In § 10.452(a), remove the words training and have his or her license § 10.414 [Amended] ‘‘operator or second-class operator of endorsed for Western rivers. 11. In § 10.414(a), remove the words uninspected towing vessels’’ and add, in (h) Each company must maintain ‘‘operator of uninspected towing their place, the words ‘‘master or mate evidence that every vessel it operates is vessels,’’. (pilot) of towing vessels’’. under the direction and control of a 12. In § 10.418, revise the heading and § 10.462 [Amended] licensed mariner with appropriate paragraph (b) to read as follows: experience, including 30 days of 19. In § 10.462(c), remove the words observation and training on the § 10.418 Service for master of Ocean or ‘‘operator of uninspected towing intended route. Near-coastal steam or motor vessels of not vessels’’ and add, in their place, the more than 500 gross tons. (i) For all inland routes, the license as words ‘‘master or mate (pilot) of towing pilot of towing vessels replaces that as * * * * * vessels’’. mate of towing vessels. All (b) The holder of a license as master 20. Add section 10.463 to read as qualifications and equivalencies are the or mate (pilot) of towing vessels follows: same. authorizing service on Oceans or Near- § 10.463 General requirements for licenses (j) For all inland routes, the license as coastal routes is eligible for a license as steersman replaces that as apprentice master of Ocean or Near-coastal steam for master, mate (pilot), and apprentice mate (steersman) of towing vessels. mate. All qualifications and or motor vessels of not more than 500 equivalencies are the same. gross tons after both 1 year of service as (a) The Coast Guard issues licenses as master and mate (pilot) of towing 21. Revise section 10.464 to read as master or mate of towing vessels on follows: Oceans or Near-coastal routes and vessels in the following categories: completion of a limited examination. (1) Unlimited horsepower. § 10.464 Licenses for masters of towing (2) 3,000 horsepower or less. vessels. § 10.420 [Amended] (b) The Coast Guard restricts licenses (a) For a license as master of towing 13. In § 10.410, remove the words as master and mate (pilot) of towing vessels of unlimited horsepower, an ‘‘operator of uninspected towing vessels for Oceans and Near-coastal applicant shall— vessels,’’. routes by the gross tonnage of the (1) Have 48 months of total service towing vessels on which the experience § 10.424 [Amended] including— was acquired—by 200, 500, and 1,600 (i) Eighteen months of service on deck 14. In § 10.424(a)(2), remove the gross tons in accordance with §§ 10.414, of a towing vessel of 8 meters (about 26 words ‘‘operator or second-class 10,418, and 10.412, respectively. feet) or over in length while holding a operator of ocean or near coastal (c) The Coast Guard endorses licenses license as mate (pilot) of towing vessels uninspected towing vessels’’ and add, in as master and mate (pilot) of towing unlimited; their place, the words ‘‘master or mate vessels for one or more of the following (ii) Twelve months of the 18 months, of Ocean or Near-coastal towing routes: as mate (pilot) of towing vessels of vessels’’. (1) Oceans. greater than 3,000 horsepower; and 15. in § 10.426, revise the heading and (2) Near-coastal routes. (iii) Three months of the 18 months paragraph (a)(2) to read as follows: (3) Great Lakes and inland routes. on the particular route for which § 10.426 Service for master of Near-coastal (4) Rivers. application is made; or steam or motor vessel of not more than 200 (5) Western rivers. (2) Have 12 months of service as mate gross tons. (6) Restricted local areas designated (pilot) of towing vessels of unlimited (a) * * * by Officers in Charge Marine Inspection. horsepower while holding a license as (2) One year of total service as master (d) A license as master or mate of master of towing vessels of 3,000 of mate of towing vessels on Oceans or towing vessels endorsed for Oceans horsepower or less including 3 months Near-coastal routes. Completion of a authorizes service on Oceans, Near- of service on the particular route for limited examination is also required. coastal routes, Great Lakes and inland which application is made. routes, and Rivers except Western rivers (b) For a license as master of towing * * * * * upon completion of 30 days of vessels of 3,000 horsepower or less, an § 10.442 [Amended] observation and training on each applicant shall— 16. In § 10.442, paragraphs (a) and (b), subordinate route. (1) Have 48 months of total service remove the words ‘‘operator of (e) A license as master or mate (pilot) including— uninspected towing vessels’’ and add, in of towing vessels endorsed for Near- (i) Eighteen months of service on deck their place, the words ‘‘master or mate coastal routes authorizes service on of a towing vessel of 8 meters (about 26 (pilot) of towing vessels’’. Near-coastal routes, Great Lakes and feet) or over in length while holding a 17. In § 10.446, revise the heading and inland routes, and Rivers except license as mate (pilot) of towing vessels; paragraph (b) to read as follows: Western rivers upon completion of 30 (ii) Twelve months of the 18 months, days of observation and training on each as mate (pilot) of towing vessels of 3,000 § 10.446 Service for master of Great Lakes subordinate route. horsepower or less; and and inland steam or motor vessels of not (f) A license as master or mate (pilot) (iii) Three months of the 18 months more than 500 gross tons. of towing vessels endorsed for Great on the particular route for which * * * * * Lakes and inland routes authorizes application is made; or (b) the holder of a license as master service on Great Lakes and inland routes (2) Have 12 months of service as mate or mate (pilot) of towing vessels is and Rivers except Western rivers upon (pilot) of towing vessels of 3,000 eligible for this license after completion completion of 30 days of observation horsepower or less while holding a of both 1 year of service as master or and training on the subordinate route. license as limited master of towing 31346 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules vessels including 3 months of service on record book in accordance with record book in accordance with the particular route for which § 10.304(e); or § 10.304(e); and application is made. (3) Have 30 days of service observing (3) Passes an examination. (c) For a license as master of towing and training on towing vessels of greater (e) The holder of a license as mate vessels of 3,000 horsepower or less than 3,000 horsepower while holding a (pilot) of towing vessels may have that endorsed for a restricted local area, an license as master of towing vessels of license endorsed as apprentice mate applicant shall have 36 months of total 3,000 horsepower or less and pass a (steersman) for a route not included in service including— partial examination. the current endorsements on which he (1) Twelve months of service on deck (b) For a license as mate (pilot) of or she has no operating experience after of a towing vessel of 8 meters (about 26 towing vessels of 3,000 horsepower or passing an examination for that route. feet) or over in length as limited mate less, an applicant shall— Upon completion of 3 months of (pilot) of towing vessels; and (1) Have 30 months of total service experience in that route, he or she may (2) Three months of service on the including— have the apprentice mate (steersman) particular route for which application is (i) Twelve months of service on deck restriction removed. made. of a towing vessel of 8 meters (about 26 (f) An approved training course for (d) The holder of a license as master feet) or over in length while holding a mate (pilot) of towing vessels must of self-propelled vessels of greater than license as apprentice mate (steersman) include formal instruction and practical 200 gross tons may obtain an of towing vessels; and demonstration of proficiency either on endorsement for towing vessels (ii) Three months of the 12 months on board a towing vessel or at a shoreside (restricted to the horsepower of the the particular route for which training facility before a designated service presented) if he or she— application is made; examiner, and must cover— (1) Has 30 days of training and (2) Submit either— (1) Shipboard management and observation on towing vessels on each (i) A certificate of completion from a training; of the routes for which the endorsement Coast-Guard-approved course as (2) Seamanship; is requested; specified in paragraph (f) of this section; (3) Navigation; (2) Submits evidence of assessment of or (4) Watchkeeping; practical demonstration of skills, in the (ii) Evidence of assessment of (5) Radar; form of a training- and assessment- practical demonstration of skills, in the (6) Meteorology; record book, described in § 10.304(e); form of a training- and assessment- (7) Maneuvering and handling of and record book in accordance with towing vessels; (3) Passes an examination. § 10.304(e); or (8) Engine-room basics; and (e) The holder of a license as master (3) Have 30 days of service observing (9) Emergency procedures. of towing vessels may have that license and training on towing vessels while 23. Redesignate section 10.466 as endorsed as mate (pilot) for a route not holding a license as limited master of § 10.467 and add a new § 10.466 to read included in the current endorsements towing vessels of 3,000 horsepower or as follows: on which he or she has no operating less and pass a partial examination. (c) For a license as mate (pilot) of § 10.466 Service for apprentice mate experience after passing an examination (steersman) of towing vessels. for that route. Upon completion of 90 towing vessels of 3,000 horsepower or days of experience on that route, he or less endorsed for a restricted local area, (a) For a license as apprentice mate she may have the mate (pilot) restriction an applicant shall— (steersman) of towing vessels, an removed. (1) Have 24 months of total service applicant shall— 22. Add section 10.465 to read as including 6 months of service on deck (1) Have 18 months of service on deck follows: of a towing vessel of 8 meters (about 26 including 12 months on towing vessels; feet) or over in length as limited (2) Pass the examination specified in § 10.465 Licenses for mates (pilots) of apprentice mate (steersman) of towing subpart I of this part; and towing vessels. vessels; and (3) Have 3 months of the 18 months (a) For a license as mate (pilot) of (2) Submit either— on the particular route for which towing vessels of unlimited horsepower, (i) A certificate of completion from a application is made. an applicant shall— Coast-Guard-approved course as (b) For a license as limited apprentice (1) Have 30 months of total service specified in paragraph (f) of this section; mate (steersman) of towing vessels, an including— or applicant shall— (i) Twelve months of service on deck (ii) Evidence of assessment of (1) Have 18 months of service on deck of a towing vessel of 8 meters (about 26 practical demonstration of skills, in the including 12 months on towing vessels; feet) or over in length while holding a form of a training- and assessment- (2) Pass a limited examination; and license as apprentice mate (steersman); record book in accordance with (3) Have 3 months of the 18 months (ii) Twelve months of the 30 months § 10.304(e); on the particular route for which on towing vessels of greater than 3,000 (d) The holder of a license as mate of application is made. horsepower; and self-propelled vessels of greater than (c) The holder of a license as (iii) Three months of the 12 months 200 gross tons may obtain an apprentice mate (steersman) of towing on the particular route for which endorsement for towing vessels vessels may have that license endorsed application is made; (restricted to the horsepower of the as limited apprentice mate (steersman) (2) Submit either— service presented) if he or she— for a route not included in the current (i) A certificate of completion from a (1) Has 30 days of training and endorsements on which he or she has Coast-Guard-approved course as observation on towing vessels on each no operating experience, upon passing specified in paragraph (f) of this section; route for which the endorsement is an examination for that route. Upon or requested; completion of 3 months of experience in (ii) Evidence of assessment of (2) Submits evidence of assessment of that route, he or she may have the practical demonstration of skills, in the practical demonstration of skills, in the limited apprentice mate (steersman) form of a training- and assessment- form of a training- and assessment- restriction removed. Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31347

24. In § 10.482, revise paragraph (a) to § 10.910 Subjects for deck incenses. operating a towing vessel’’; and remove read as follows: * * * * * the words ‘‘individuals serving as 10. Apprentice mate, towing vessels, operators of uninspected towing § 10.482 Assistance towing. Oceans (domestic trade) and Near- vessels’’ and add, in their place, the (a) This section contains the coastal routes. words ‘‘masters or mates (pilots) serving requirements to qualify for an 11. Apprentice mate (steersman), as operators of towing vessels’’. endorsement authorizing an applicant to towing vessels, Great Lakes and inland engage in assistance towing. The routes. 34. In § 15.805, add paragraph (a)(5) to endorsement applies to all licenses 12. Steersman, towing vessels, read as follows: except those for master and mate (pilot) Western rivers. § 15.805 Master. of towing vessels and those authorizing * * * * * service on inspected vessels over 200 (a) * * * gross tons. Holders of any of these PART 15ÐMANNING REQUIREMENTS (5) Every towing vessel of 8 meters licenses may engage in assistance (about 26 feet) or more in length. towing within the scope of the licenses 30. Revise the authority citation for and without the endorsement. part 15 to read as follows: * * * * * * * * * * Authority: 46 U.S.C. 2103, 3703, 8101, 35. In § 15.810, redesignate 8502, 8901, 8902, 8903, 8904, 9102; 50 U.S.C. paragraphs (d) and (e) as (e) and (f); and § 10.701 [Amended] 198; and 49 CFR 1.46. add a new paragraph (d) to read as 25. In § 10.701(a), remove the words § 15.301 [Amended] follows: ‘‘operator of uninspected towing 31. In § 15.301(b), remove paragraph vessels’’ and add, in their place, the § 15.810 Mates. (6); and redesignate paragraphs (7) words ‘‘master or mate (pilot) of towing * * * * * vessels’’. through (10) as paragraphs (6) through (9). (d) A person in charge of the § 10.703 [Amended] 32. Revise section 15.610 to read as navigation or maneuvering of a towing 26. In § 10.703(a) introductory text, follows: vessel of 8 meters (about 26 feet) or remove the words ‘‘operator of § 15.610 Masters and mates (pilots) of more in length shall hold either a uninspected towing vessels’’ and add, in towing vessels. license authorizing service as mate of their place, the words ‘‘master or mate Every towing vessel at least 8 meters towing vessels—or, on inland routes, as (pilot) of towing vessels’’. (about 26 feet) in length measured from pilot of towing vessels—or a license as § 10.901 [Amended] end to end over the deck (excluding master of appropriate gross tonnage or horsepower, according to the routes, 27. In § 10.901(b)(1), remove the sheer), except a vessel described by the words ‘‘uninspected towing vessels’’ next sentence, must be under the endorsed for towing vessels. and add, in their place, the words direction and control of a person * * * * * ‘‘master or mate (pilot) of towing licensed as master or mate (pilot) of 36. Revise section 15.910 to read as vessels’’. towing vessels or as master or mate of follows: 28. In § 10.903, revise paragraphs appropriate gross tonnage holding an (a)(18) and (b)(4) to read as follows: endorsement of his or her license for § 15.910 Towing vessels. towing vessels. This does not apply to § 10.903 Licenses requiring examinations. any vessel engaged in assistance towing No person may serve as master or (a) * * * or any vessel of less than 200 gross tons mate (pilot) of any towing vessel of 8 (18) Apprentice mate (steersman) of engaged in the offshore mineral and oil meters (about 26 feet) or more in length towing vessels; industry if the vessel has sites or unless he or she holds a license * * * * * equipment of that industry as its place explicitly authorizing such service. (b) * * * of departure or ultimate destination. Dated: June 11, 1996. (4) Master or mate (pilot) of towing vessels (endorsed for the same route). § 15.705 [Amended] J.C. Card, 29. In § 10.910, amend the 33. In § 15.705(d), remove the words Rear Admiral, U.S. Coast Guard, Chief, introductory language to Table 10.910– ‘‘individual operating an uninspected Marine Safety and Environmental Protection. 1 by revising paragraphs 10 through 12 towing vessel’’ and add, in their place, [FR Doc. 96–15346 Filed 6–18–96; 8:45 am] to read as follows: the words ‘‘master or mate (pilot) BILLING CODE 4910±14±M federal register June 19,1996 Wednesday Program; FinalRule Bilingual Education:GraduateFellowship 34 CFRParts535and562 Education Department of Part VI 31349 31350 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

DEPARTMENT OF EDUCATION expenses Fellows are authorized to the academic program. The commenter make and has included in the selection believed that the proposed requirement 34 CFR Parts 535 and 562 criteria for evaluating applications for in the regulations that travel be related participation in the program for post- to practice teaching or clinical RIN 1885±AA21 doctoral level fellowships consideration experience was too limited. The Bilingual Education: Graduate of whether research plans and designs commenter noted that, in doctoral Fellowship Program are reasonable and sound. In addition, programs, there may be many other the Secretary inadvertently omitted 34 reasons for travel, such as helping AGENCY: Department of Education. CFR Part 79 from the list of regulations training or advancing progress in the ACTION: Final Regulations. that apply to this program and has academic program. included it in the final regulations. The commenter also encouraged the SUMMARY: The Secretary adopts these Although 34 CFR Part 79 exempts Secretary to increase the monthly regulations and adds a new Part 535 for programs that make direct payments to stipend from $500 to $1,000 on the the Bilingual Education: Graduate individuals, this program is not ground that the $500 limitation Fellowship Program, which is exempted because the Department gives combined with the provision restricting authorized by section 7145 of the funds to institutions of higher a Fellow to 20 hours of work per week Elementary and Secondary Education education, which distribute the funds to would create a financial hardship that Act of 1965 (the Act), as amended by the individual Fellows. Any other could adversely affect the Fellow’s Improving America’s Schools Act of differences between the NPRM and progress in the academic program. 1994. The Bilingual Education: these final regulations are due to Finally, the commenter recommended Graduate Fellowship Program replaces editorial and technical revisions. that post-doctoral fellowship recipients the existing Bilingual Education who may be appointed for less than a Fellowship Program (34 CFR Part 562) Analysis of Comments and Changes calendar year (e.g., school year) receive and expands the program to include In response to the Secretary’s a full fellowship. post-doctoral fellowships. invitation in the NPRM, one party Discussion: The Secretary agrees that EFFECTIVE DATE: These regulations take submitted comments on the proposed the limitation on the types of travel in effect July 19, 1996. regulations. An analysis of the the NPRM was too restrictive and has FOR FURTHER INFORMATION CONTACT: comments and of the changes in the broadened the provision in these final Joyce Brown, U.S. Department of regulations since publication of the regulations. However, the Secretary believes the Education, 600 Independence Avenue, NPRM follows. $500 per month stipend for masters and SW., Room 5086, Switzer Building, Major issues are grouped according to doctoral degree candidates combined Washington, DC 20202–6510. subject, with appropriate sections of the with allowances for travel and books Telephone: (202) 205–9727. Individuals regulations referenced in parentheses. and whatever the Fellow may earn as a who use a telecommunications device Technical and other minor changes— part-time employee is reasonable. The for the deaf (TDD) may call the Federal and suggested changes the Secretary is Secretary has balanced the Fellows’ Information Relay Service (FIRS) at 1– not legally authorized to make under the need for support and the Department’s 800–877–8339 between 8 a.m. and 8 applicable statutory authority—are not desire to assist as many Fellows as p.m., Eastern time, Monday through addressed. possible. Friday. Purpose of the Program (§ 535.1) For post-doctoral Fellows, the full SUPPLEMENTARY INFORMATION: These Comments: One commenter suggested amount of the fellowship is determined regulations implement statutory changes that the Secretary exclude master’s on a case-by-case basis depending on made when the program was degree candidates from the program. the application submitted and the reauthorized by the Improving Discussion: One purpose of the period of work proposed. The $40,000 America’s Schools Act of 1994 (Pub. L. professional development programs amount is an upper limit, not the 103–382, enacted October 20, 1994). under title VII is to assist in preparing amount each post-doctoral Fellow These regulations have been reviewed educators to improve educational receives. and revised in accordance with the services for limited English proficient Changes: Section 535.3(a)(3) has been Department’s ‘‘Principles for children. To meet that purpose, section changed to allow travel expenses for Regulating,’’ which were developed to 7145(a)(1) of the Act specifically ‘‘travel directly related to program of ensure that the Department regulates in authorizes the Secretary to award study.’’ No other changes have been the most flexible, most equitable, and fellowships for master, doctoral, and made. least burdensome way possible. These post-doctoral study. The Secretary Selection Criteria for Post-Doctoral regulations are necessary to implement believes it is appropriate to assist Level Fellowships (§ 535.23) the law and reflect the greatest individuals pursuing master’s degrees if flexibility and least burden possible. the individuals are pursuing studies that Comments: A commenter suggested On November 9, 1995, the Secretary further the purpose of the program. If, that the Secretary increase the published a notice of proposed in the future, the Secretary does not maximum number of points that can be rulemaking (NPRM) for this program in believe it is useful to award fellowships awarded for the ‘‘Quality of key faculty the Federal Register (60 FR 56920). The to master’s degree candidates, the members’’ selection criterion preamble to the NPRM (60 FR 56920– Secretary, through additional (§ 535.23(c)) from 20 to 25 points and 56922) included a summary and regulations, could limit fellowships to decrease the maximum number of discussion of the 1994 Amendments doctoral and post-doctoral candidates. points that can be awarded for the and other major issues that were Changes: None. ‘‘Proposed areas of research’’ selection addressed in the proposed regulations. criterion (§ 535.23(b)) from 35 to 30 There are a few substantive Financial Assistance (§ 535.3) points. differences between the NPRM and Comments: One commenter suggested In § 535.23(b), ‘‘Proposed areas of these final regulations. The Secretary that the Secretary authorize travel research,’’ the commenter suggested has expanded the types of travel expenses that are generally related to combining the factors in (b)(1) with Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31351

(b)(3) and (b)(2) with (b)(4). The Fellow may be completing a Intergovernmental Review commenter stated that these factors dissertation. The commenter stated that were similar enough to be combined most doctoral programs allow for the This program is subject to the and should be expanded to include completion of the course work within requirements of Executive Order 12372 more types of research. three years, but that the entire program and the regulations in 34 CFR Part 79. The commenter suggested that may take up to five years to complete. The objective of the Executive order is § 535.23(b)(5) should be re-written to Discussion: Because the Department to foster an intergovernmental include whether the research plan and has limited resources, the Secretary partnership and a strengthened design are reasonable and sound. The must balance the amount and length of federalism by relying on processes commenter stated that the additional support that the Department provides to developed by State and local language is necessary to ensure that one individual against providing governments for coordination and secondary analysis of data collected by support to more individuals. The review of proposed Federal financial another entity is considered valid and Secretary believes that supporting a assistance. awarded points. doctoral Fellow for three years is In addition, the commenter suggested In accordance with the order, this sufficient. Further, § 535.42(b) provides document is intended to provide early that in § 535.23(b)(6) the Secretary that the Secretary may extend a notification of the Department’s specific should consider whether the application fellowship beyond the maximum period plans and actions for this program. specifies a project period for for master’s or doctoral Fellows under ‘‘substantial progress’’ in the study certain circumstances. Assessment of Educational Impact rather than limiting the criterion to Changes: None. completion of the study. The In the notice of proposed rulemaking, commenter stated that completion of a Service Requirement, Repayment the Secretary requested comments on project is difficult for post-doctoral Schedule, and Accounting for the whether the proposed regulations would students who are in a post-doctoral Obligation (§§ 535.50, 535.52, and require transmission of information that position for one year and that 535.57) is being gathered by or is available from considering only whether the study is to Comments: One commenter suggested any other agency or authority of the be completed within the specified that the Secretary set the service United States. project period would be too narrow. requirement start date, repayment Discussion: The Secretary believes Based on the response to the proposed schedule, and the obligation account regulations and on its own review, the that the point distribution among the activation period at 12 months rather criteria is appropriate and that the Department has determined that the than the proposed 6 months. The regulations in this document do not distinct factors give applicants more commenter stated that more time is require transmission of information that direction in addressing each criterion. necessary because the academic The Secretary also believes the is being gathered by or is available from employment cycle begins in the fall and criteria do not need to be expanded to extends for a year. The commenter any other agency or authority of the include more types of research. The stated that beginning the service United States. factors focus proposed research on requirement and repayment schedule education and the primary purposes of List of Subjects after 12 months would be more realistic. the program. 34 CFR Part 535 In § 535.23(b)(5) the Secretary agrees Discussion: The Secretary is aware that considering only data collection that some Fellows seeking academic Bilingual education, Education, and the data analysis plan could be positions may not be able to secure Educational research, Reporting and employment within six months. interpreted to exclude secondary recordkeeping requirements, However, the Secretary believes that it analysis of already-collected data. The Scholarships and fellowships, Teachers. Secretary did not intend this would be unwise to extend the period. interpretation and has clarified the The Department’s experience has shown 34 CFR Part 562 that if the repayment procedures are not regulatory language. Bilingual education, Education, The Secretary believes that activated until 12 months, the § 535.23(b)(6) is an appropriate factor Department has more difficulty Educational research, Reporting and that is designed to evaluate the extent to determining the status of Fellows. The recordkeeping requirements, which the applicant has an intended regulations in § 535.54 do allow the Scholarships and fellowships, Teachers. and realistic completion schedule. The Secretary to defer payment for a number (Catalog of Federal Domestic Assistance Secretary understands that a Fellow’s of reasons, including if the fellowship Number 84.195C Bilingual Education: ultimate study may not be completed recipient demonstrates to the Secretary’s Graduate Fellowship Program.) satisfaction that the fellowship recipient within the period of the fellowship, but Dated: June 13, 1996. is conscientiously seeking but is unable applicants may propose at least a Delia Pompa, portion of a study that can be completed to secure employment. Director, Office of Bilingual Education and within the period of the fellowship. Changes: None. Minority Languages Affairs. Changes: The Secretary has revised Paperwork Reduction Act of 1995 § 535.23(b)(5) to include consideration The Secretary amends Title 34 of the of whether the research plans and Under the Paperwork Reduction Act Code of Federal Regulations as follows: designs are reasonable and sound. of 1995, no persons are required to respond to a collection of information PART 562Ð[REMOVED] Fellowship Period (§ 535.42) unless it displays a valid OMB control Comments: A commenter suggested number. The valid OMB control number 1. 34 CFR Part 562 is removed. that the Secretary extend the maximum assigned to the collections of 2. A new Part 535 is added to read as number of years for which a doctoral information in these final regulations is fellowship is awarded to five to include displayed at the end of the affected follows: support for the last two years when a sections of the regulations. 31352 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

PART 535ÐBILINGUAL EDUCATION: higher education (IHEs), to individuals (e) The regulations in this Part 535. GRADUATE FELLOWSHIP PROGRAM who are pursuing master’s, doctoral, or (Authority: 20 U.S.C. 7475) post-doctoral study related to Subpart AÐGeneral instruction of limited English proficient § 535.5 What definitions apply? Sec. (LEP) children and youth in areas such (a) Definitions in the Act. (1) The 535.1 What is the Bilingual Education: as teacher training, program following terms used in this part are Graduate Fellowship Program? administration, research and evaluation, defined in section 7501 of the Act: 535.2 Who is eligible to participate in this and curriculum development and for program? Bilingual education program the support of dissertation research 535.3 What financial assistance is available Children and youth related to this study. for fellowship recipients? Limited English proficiency 535.4 What regulations apply? (Authority: 20 U.S.C. 7475(a)(1)) Native Hawaiian or Native American 535.5 What definitions apply? § 535.2 Who is eligible to participate in this Pacific Islander Native language Subpart BÐHow Does an IHE Apply To program? educational organization Participate in the Program? (a) An IHE is eligible to participate in Office 535.10 How does an IHE apply to this program. Other programs for persons of limited- participate in the program? English proficiency 535.11 What assurance must an application (b) An individual who meets the contain? eligibility requirements under § 535.41 (2) The following terms used in this 535.12 In what circumstances may an IHE may apply for a fellowship through an part are defined in section 7104 of the waive the training practicum IHE participating in this program. Act: requirement? (Authority: 20 U.S.C. 7475) Indian tribe Subpart CÐHow Does the Secretary Tribally sanctioned educational Approve an IHE's Participation? § 535.3 What financial assistance is authority available for fellowship recipients? 535.20 How does the Secretary evaluate an (a) The Secretary may authorize the (3) The following terms used in this application to participate in this program following financial assistance on an part are defined in section 14101 of the for master’s and doctoral level Act: fellowships? annual basis to master’s and doctoral 535.21 What selection criteria does the program fellowship recipients: Institution of higher education Secretary use? (1) Tuition and fees—the usual costs Local educational agency (LEA) 535.22 How does the Secretary evaluate an associated with the course of study. (b) Definitions in EDGAR. The application to participate in this program (2) Books—up to $300. following terms used in this part are for post-doctoral study fellowships? (3) Travel—up to $250 for travel defined in 34 CFR 77.1: 535.23 What selection criteria does the directly related to the program of study. Secretary use? (4) A stipend of up to $500 per month, Applicant Application Subpart DÐHow Does an Individual Apply including allowances for subsistence for a Fellowship? and other expenses, for a participant Award Department 535.30 How does an individual apply for a and his or her dependents, if the fellowship? participant is— EDGAR (i) A full-time student in a program of Fiscal year Subpart EÐHow Are Fellows Selected? study that was in the approved Project 535.40 How does the Secretary select application; and Recipient Fellows? (ii) Gainfully employed no more than Secretary 535.41 Who may an IHE nominate for 20 hours a week or the annual State fellowships? equivalent of 1040 hours. 535.42 What is the period of a fellowship? State educational agency (SEA) (b) The Secretary may authorize the Subpart FÐWhat Conditions Must Be Met (c) Other definition. The following following financial assistance on an definition also applies to this part: by Fellows? annual basis to post-doctoral fellowship Act means the Elementary and 535.50 What is the service requirement for recipients: Secondary Education Act of 1965, as a fellowship? (1) A stipend of up to $40,000. 535.51 What are the requirements for (2) Publications, research and amended. repayment of the fellowship? scholarly materials, research-related (Authority: 20 U.S.C. 7475–7480) 535.52 What is the repayment schedule? travel, and fees—up to $5,000. 535.53 What is the rule regarding interest? (c) In authorizing assistance to Subpart BÐHow Does an IHE Apply To 535.54 Under what circumstances is fellowship recipients under paragraphs Participate in the Program? repayment deferred? 535.55 What is the length of the deferment (a) and (b) of this section, the Secretary § 535.10 How does an IHE apply to of repayment? considers the amount of other financial participate in the program? compensation that the fellowship 535.56 Under what circumstances is To apply for participation under this recipients receive during the training repayment waived? part, an IHE shall submit an application 535.57 How shall the fellowship recipient period. account for the obligation? to the Secretary that— (Authority: 20 U.S.C. 7478) Authority: 20 U.S.C. 7475, unless (a) Responds to the appropriate otherwise noted. § 535.4 What regulations apply? selection criteria in §§ 535.21 and 535.23; and The following regulations apply to Subpart AÐGeneral (b) Requests a specific number of this program: fellowships to be awarded in each § 535.1 What is the Bilingual Education: (a) 34 CFR 75.51 and 75.60 through proposed language or other curriculum Graduate Fellowship Program? 62. The Bilingual Education: Graduate (b) 34 CFR Part 77. group for the fellowship period Fellowship Program provides financial (c) 34 CFR Part 79. specified in § 535.42. assistance, through institutions of (d) 34 CFR Part 85. (Authority: 20 U.S.C. 7475) Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31353

§ 535.11 What assurance must an (1) The extent to which the program application to determine the need for application contain? has been adopted as a permanent more individuals trained, at the An application that proposes to train graduate program of study; graduate level, in the area of study master’s or doctoral level students with (2) The organizational placement of proposed by the applicant. funds received under this part must the program of study; (f) Recruitment plan. (10 points) The provide an assurance that the program (3) The staff and resources that the Secretary reviews each application to will include a training practicum in a IHE has committed to the program; determine the quality of the applicant’s local school program serving LEP (4) The IHE’s demonstrated plan for recruitment and nomination of students. competence and experience in programs students. (Authority: 20 U.S.C. 7476(a)(3)(A)) and activities such as those authorized (Approved by the Office of Management and under the Act; Budget under control number 1885–0001.) § 535.12 In what circumstances may an (5) The IHE’s demonstrated (Authority: 20 U.S.C. 7475 and 7547) IHE waive the training practicum experience in assisting fellowship requirement? recipients to find employment in the § 535.22 How does the Secretary evaluate An IHE participating under this field of bilingual education; and an application to participate in this program program may waive the requirement in (6) If the IHE has carried out a for post-doctoral study fellowships? § 535.11 for a training practicum for a previous project with funds under title (a) The Secretary evaluates an master’s or doctoral degree candidate VII of the Act, the applicant’s record of application to participate in this who has had at least one academic year accomplishments under that previous program for post-doctoral study of experience in a local school program project. fellowships on the basis of the criteria serving LEP students. (b) Quality of the graduate academic in § 535.23. (Authority: 20 U.S.C. 7476(a)(3)(B)) program. (20 points) The Secretary (b) The Secretary awards up to 100 reviews each application to determine points for these criteria. Subpart CÐHow Does the Secretary the quality of the graduate program of (c) The maximum possible score for Approve an IHE's Participation? study for which approval is sought, each criterion is indicated in including— parentheses. § 535.20 How does the Secretary evaluate (1) The course offerings and academic (d) After all the applications have an application to participate in this program requirements for the graduate program; been evaluated according to the for master's and doctoral level fellowships? (2) The availability of related course selection criteria, the Secretary rank- (a) The Secretary evaluates an offerings through other schools or orders the applications. application to participate in this departments within the IHE; (e) The Secretary designates the program for master’s and doctoral level (3) The IHE’s focus and capacity for maximum number of fellowships that fellowships on the basis of the criteria research; may be awarded at each IHE based on in § 535.21. (4) The quality of the standards used the factors in § 535.23 (a), (c), and (d). (b) The Secretary awards up to 100 to determine satisfactory progress in, (Authority: 20 U.S.C. 7475) points for these criteria. and completion of, the program; (c) The maximum possible score for (5) The extent to which the program § 535.23 What selection criteria does the each criterion is indicated in of study prepares Fellows to improve Secretary use? parentheses. the academic achievement of LEP The Secretary uses the following (d) After all the applications have children and youth; and selection criteria to evaluate an been evaluated under § 535.21, the (6) In the case of a program designed application for participation in this Secretary rank-orders the applications. to prepare trainers of educational program for post-doctoral level personnel for programs of bilingual (e) The Secretary then determines the fellowships: instruction, the extent to which the maximum number of fellowships by (a) Institutional commitment. (35 program incorporates the use of English language or other curriculum group that points) The Secretary reviews each and another language to develop the may be awarded at each IHE— application to determine the overall Fellows’ competencies as trainers of strength of the applicant’s commitment (1) Based on the IHE’s capacity to bilingual educational personnel. to meeting the educational needs of LEP provide graduate training in the areas (c) Quality of key faculty members. children and youth, including proposed for fellowship recipients; and (20 points) The Secretary reviews each consideration of— (2) To the extent feasible, in application to determine the (1) The IHE’s demonstrated proportion to the need for individuals qualifications of the key faculty to be competence and experience in programs with master’s and doctoral degrees in used in the program of study, including and research activities such as those the areas of training proposed by the the extent to which their background, authorized under subpart 2 of part A of IHE. education, research interests, and title VII of the Act; (Authority: 20 U.S.C. 7475) relevant experience qualify them to plan (2) The extent to which the IHE’s and implement a successful program of research environment is supportive of § 535.21 What selection criteria does the high academic quality related to the success of post-doctoral Fellows in Secretary use? instruction of LEP children and youth. their research; The Secretary uses the following (d) Field-based experience. (15 points) (3) The IHE’s demonstrated selection criteria to evaluate an The Secretary reviews each application experience in assisting fellowship application for participation in this to determine the extent to which the recipients to find employment in the program for master’s and doctoral level program of study provides field-based field of bilingual education; fellowships: experience through arrangements with (4) The IHE’s procedures for the (a) Institutional commitment. (25 LEAs, SEAs, or persons or organizations dissemination and use of research points) The Secretary reviews each with expertise in programs for LEP findings; and application to determine the quality of children and youth. (5) If the IHE has carried out a the institution’s graduate program of (e) Evidence of local or national need. previous project with funds under title study, including consideration of— (10 points) The Secretary reviews each VII of the Act, the applicant’s record of 31354 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations accomplishments under that previous Subpart EÐHow Are Fellows § 535.42 What is the period of a project. Selected? fellowship? (b) Proposed areas of research. (35 (a) Except as provided in paragraph points) The Secretary reviews each § 535.40 How does the Secretary select (b) of this section, the Secretary may application to determine to what Fellows? award a fellowship— extent— (a)(1) A participating IHE shall submit (1) For a maximum of two one-year (1) There is a clear description of the names of nominees to the Secretary. periods to an individual who maintains areas of research proposed to be (2) If the IHE has more than one satisfactory progress in a master’s or undertaken by the post-doctoral nominee, the IHE shall rank the post-doctoral program of study; and Fellows; nominees in order of preference to (2) For a maximum of three one-year (2) The research to be undertaken by receive a fellowship. periods to an individual who maintains the post-doctoral Fellows is likely to (b) The Secretary selects new Fellows satisfactory progress in a doctoral produce new and useful information; according to the rank order prepared by program of study. (3) The areas of proposed research the IHE, subject to the maximum (b) Subject to the availability of funds, and if an IHE provides adequate relate to the educational needs of LEP number of fellowships designated for justification, the Secretary may extend a children and youth and of the that IHE under §§ 535.20 and 535.22. fellowship beyond the maximum period educational personnel that serve that (Approved by the Office of Management and to a master’s or doctoral Fellow who, for population; Budget under control number 1885–0001.) circumstances beyond the Fellow’s (4) The outcomes of the research and (Authority: 20 U.S.C. 7475) control, is unable to complete the study are likely to benefit the defined § 535.41 Who may an IHE nominate for program of study in that period. target population by improving the fellowships? (c) A fellowship recipient who seeks academic achievement of LEP children (a) In nominating individuals to assistance beyond the initial one-year and youth; receive master’s and doctoral level period must be renominated by the (5) The data collection and data fellowships, an IHE shall nominate only participating IHE. analysis plans or research plans and individuals who— (d) Prior to approving nominations of designs are reasonable and sound; and (1) Have been accepted for enrollment new Fellows, the Secretary may give (6) A project period for completion of as full-time students in an approved preference to fellowship recipients in the study, consistent with period of course of study offered by the IHE; their second or third year who maintain availability of post-doctoral fellowships (2) Have an excellent academic satisfactory progress in the program of in § 535.42, is specified. record; study. (c) Quality of key faculty members. (3) Are proficient in English and, if (Authority: 20 U.S.C. 7475) (20 points) The Secretary reviews each applicable, another language; application to determine the (4) Have experience in providing Subpart FÐWhat Conditions Must Be qualifications of the key faculty likely to services to, teaching in, or administering Met by Fellows? assist, guide, or mentor post-doctoral programs for LEP children and youth; Fellows, including the extent to which (5) Are planning to enter or return to § 535.50 What is the service requirement for a fellowship? the faculty’s background, education, a career in service to LEP children and research interests, and relevant youth after completion of their studies; (a) Upon selection for a fellowship, a experiences qualify them to support (6) Are eligible to receive assistance Fellow shall sign an agreement, high-quality research and study under 34 CFR 75.60 and 75.61; and provided by the Secretary, to work for performed by post-doctoral Fellows. (7)(i) Are citizens, nationals, or a period equivalent to the period of time (d) Adequacy of resources. (10 points) permanent residents of the United that the Fellow receives assistance The Secretary reviews each application States; under the fellowship in an activity— to determine to what extent— (ii) Are in the United States for other (1) (i) Related to the program; or (1) The facilities planned for use are than temporary purposes and can (ii) Authorized under part A of title adequate; provide evidence from the Immigration VII of the Act; and (2) The equipment and supplies and Naturalization Service of their (2) Approved by the Secretary. (b) A fellowship recipient shall begin planned for use are adequate; and intent to become permanent residents; working in an activity specified in (3) The commitment of the applicant or paragraph (a) of this section within six to provide administrative and other (iii) Are permanent residents of the Commonwealth of Puerto Rico, Guam, months of the date from which— necessary support is evident. (1) The master’s or doctoral recipient American Samoa, the Virgin Islands, the (Approved by the Office of Management and ceases to be enrolled at an IHE as a full- Commonwealth of the Northern Mariana Budget under control number 1885–0001.) time student; or (Authority: 20 U.S.C. 7475) Islands, the Republic of the Marshall (2) The post-doctoral recipient Islands, the Federated States of completes the project period in the Subpart DÐHow Does an Individual Micronesia, or the Republic of Palau. approved program of study. Apply for a Fellowship? (b) In nominating individuals to receive post-doctoral fellowships, an (Approved by the Office of Management and § 535.30 How does an individual apply for IHE shall nominate only individuals Budget under control number 1885–0001.) a fellowship? who— (Authority: 20 U.S.C. 7475(b)) (a) An individual shall submit an (1) Have doctoral degrees in relevant § 535.51 What are the requirements for application for a fellowship to an IHE disciplines that qualify those repayment of the fellowship? that has been approved for participation individuals to conduct independent (a) A fellowship recipient who does under § 535.20 or § 535.22. research on educational programs and not work in an activity described in (b) Each participating IHE may policies for LEP children and youth; and § 535.50 shall repay the full amount of establish procedures for receipt of (2) Meet the criteria in paragraphs the fellowship. applications from individuals. (a)(3) through (7) of this section. (b) The Secretary prorates the amount (Authority: 20 U.S.C. 7475) (Authority: 20 U.S.C. 7475) a fellowship recipient is required to Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31355 repay based on the length of time the (a) Suffers from a serious physical or in § 535.50(b)(1) or (2), the fellowship fellowship recipient worked in an mental disability that prevents or recipient shall submit to the Secretary authorized activity compared with the substantially impairs the fellowship one of the following items: length of time the fellowship recipient recipient’s employability in an activity (1) A description of the activity in received assistance. described in § 535.50; which the fellowship recipient is (b) Demonstrates to the Secretary’s (Authority: 20 U.S.C. 7475(b)) employed. satisfaction that the fellowship recipient § 535.52 What is the repayment schedule? is conscientiously seeking but is unable (2) Repayment required under (a) A fellowship recipient required to to secure employment in an activity §§ 535.51 and 535.52. repay all or part of the amount of the described in § 535.50; (3) A request to repay the obligation fellowship shall begin repayments— (c) In the case of a master’s or doctoral in installments. fellowship recipient, re-enrolls as a full- (1) Within six months of the date the (4) A request for a deferment or fellowship recipient meets the criteria time student at an IHE; (d) Is a member of the Armed Forces waiver as described in §§ 535.54 and in § 535.50(b)(1) or (2); or 535.56 accompanied by a statement of (2) On a date and in a manner of the United States on active duty; (e) Is in service as a volunteer under justification. established by the Secretary, if the the Peace Corps Act; or (b) A fellowship recipient who fellowship recipient ceases to work in (f) Demonstrates to the Secretary’s an authorized activity. submits a description of employment satisfaction that the existence of under paragraph (a)(1) of this section (b) A fellowship recipient must repay extraordinary circumstances prevents the required amount, including interest, shall notify the Secretary on a yearly the fellowship recipient from making a basis of the period of time during the in a lump sum or installment payments scheduled payment. approved by the Secretary. preceding year that the fellowship (c) The repayment period may be (Authority: 20 U.S.C. 7475(b)) recipient was employed in the activity. extended if the Secretary grants a § 535.55 What is the length of the (c) A fellowship recipient shall inform deferment under § 535.54. deferment of repayment? the Secretary of any change in (Authority: 20 U.S.C. 7475(b)) (a) Unless the Secretary determines employment status. otherwise, a fellowship recipient shall (d) A fellowship recipient shall § 535.53 What is the rule regarding apply to renew a deferment on a yearly inform the Secretary of any change of interest? basis. address. (a) In accordance with 31 U.S.C. 3717, (b) Deferments for military or Peace the Secretary charges a fellowship (e)(1) A fellowship recipient’s failure Corps service may not exceed three to timely satisfy the requirements in recipient interest on the unpaid balance years. that the fellowship recipient owes. paragraphs (b) through (d) of this (Authority: 20 U.S.C. 7475(b)) (b) No interest is charged for the section results in the fellowship recipient being in non-compliance or period of time— § 535.56 Under what circumstances is (1) That precedes the date on which repayment waived? default status subject to collection action. the fellowship recipient is required to The Secretary may waive repayment if begin repayment; or the fellowship recipient demonstrates (2) Interest and costs of collection (2) During which repayment has been the existence of extraordinary may be collected in accordance with 31 deferred under § 535.54. circumstances that justify a waiver. U.S.C. 3717 and 34 CFR Part 30. (Authority: 20 U.S.C. 7475(b)) (Authority: 20 U.S.C. 7475(b)(2)) (Approved by the Office of Management and Budget under control number 1885–0001.) § 535.54 Under what circumstances is § 535.57 How shall the fellowship recipient repayment deferred? account for the obligation? (Authority: 20 U.S.C. 7475(b)) The Secretary may defer repayment if (a) Within six months of the date a [FR Doc. 96–15517 Filed 6–18–96; 8:45 am] the fellowship recipient— fellowship recipient meets the criteria BILLING CODE 4000±01±P federal register June 19,1996 Wednesday Program; FinalRule William D.FordFederalDirectLoan 34 CFRPart685 Education Department of Part VII 31357 31358 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

DEPARTMENT OF EDUCATION effect at the time the borrower either Direct Loan Program, the process of enters repayment and selects the income originating a loan is comparable to the 34 CFR Part 685 contingent repayment plan or changes FFEL certification process. When the from another repayment plan into the school originates the loan, the school is RIN 1840±AC19 income contingent repayment plan certifying the borrower’s eligibility. William D. Ford Federal Direct Loan governs the method for determining the Paragraph (a)(6) has been amended to Program borrower’s monthly repayment amount reflect this concept. This technical under the income contingent repayment change does not impose any new AGENCY: Department of Education. plan. The proposed rule published on policies or procedural requirements. September 20, 1995, clearly states the ACTION: Final Regulations. In addition, paragraph (a)(7) has been Secretary’s intent to change the policy amended to specify that a school may SUMMARY: This document contains so that the new income contingent not assess a fee for the origination of a corrections and other technical changes repayment plan would apply to to the William D. Ford Federal Direct borrowers who select the income Direct Loan. According to section Loan (Direct Loan) Program final contingent repayment plan when they 454(a)(6) of the Higher Education Act of regulations published in the Federal enter repayment and to borrowers who 1965, as amended, schools may not Register on December 1, 1994 (59 FR are in other repayment plans and switch ‘‘charge any fees of any kind, however 61664) and on December 1, 1995 (60 FR into the income contingent repayment described, to student or parent 61820 and 60 FR 61790). Most of these plan on or after July 1, 1996 (see 60 FR borrowers for origination activities changes apply to regulations governing 48849). While the preamble to the ... .’’ This statutory requirement was the new income contingent repayment proposed rule clearly states the inadvertently omitted from the plan, which becomes effective July 1, Secretary’s intended change in policy, regulations. 1996. However, several amendments this change was inadvertently omitted Appendix A to Part 685—Income correct provisions currently in effect. from the regulations. Please note that, as Contingent Repayment EFFECTIVE DATE: These regulations take the existing regulations indicate, if the effect July 1, 1996. Secretary amends the regulations and a The Secretary has updated the income borrower who is repaying under the FOR FURTHER INFORMATION CONTACT: percentage factors in the appendix to Ms. Rachel Edelstein, Program existing income contingent repayment reflect the Department of Health and Specialist, Direct Loan Policy, Policy plan submits a written request that the Human Services (HHS) Annual Update Development Division, U.S. Department amended regulations apply to the of the HHS Poverty guidelines, method of calculation of the borrower’s of Education, Room 3053, ROB–3, 600 published in the Federal Register on loans, the Secretary would grant the Independence Avenue, SW., March 4, 1996. In addition, the borrower’s request. Washington, DC 20202–5400. examples of the calculation of monthly Telephone: (202) 708–9406. Individuals Income Contingent Repayment Plan— repayment amounts and the charts who use a telecommunications device Section 685.209 showing sample repayment amounts for the deaf (TDD) may call the Federal have been amended to reflect the The preamble to the final regulations updated income percentage factors. Information Relay Service (FIRS) at 1– states, ‘‘The Secretary has decided to 800–877–8339 between 8 a.m. and 8 Under the updated income percentage require a $5.00 minimum monthly factors, at any given income, borrowers’ p.m., Eastern time, Monday through payment of borrowers whose calculated Friday. payments will be slightly lower than monthly payment amount is greater under the income percentage factors SUPPLEMENTARY INFORMATION: The than $0 but less than or equal to $5.00.’’ published in the December 1, 1995 following regulations are amended to Although the preamble to the final clarify the provisions and to correct regulations. The Secretary believes the regulations clearly states the Secretary’s updated income percentage factors more errors and omissions in the text of the intended policy, this policy was Direct Loan Program final regulations accurately reflect a borrower’s ability to inadvertently omitted from the repay than those previously published. published on December 1, 1994 (59 FR regulations. In order to clarify the 61664) and on December 1, 1995 (60 FR Secretary’s intent, section 685.209(a)(6) Waiver of Proposed Rulemaking 61820 and 60 FR 61790). has been added to the regulations. In accordance with the Repayment Plans—Section 685.208(f) An incorrect cross reference has been corrected in paragraph (c)(6)(ii) by Administrative Procedure Act, 5 U.S.C. The Secretary has amended section removing ‘‘§ 685.209(a)(3)’’, and adding, 553, it is the practice of the Secretary to 685.208(f)(1) to clarify that, for married in its place, ‘‘§ 685.209(c)(3).’’ offer interested parties the opportunity borrowers, the borrower’s repayment to comment on proposed regulations. amount is based on the Federal adjusted Origination of Loan by a Direct Loan However, the regulatory changes in this gross income (AGI) of the borrower and Program School—Section 685.301 document are necessary to correct minor the borrower’s spouse, regardless of The terminology of this section has technical errors and omissions in the whether the borrower files a joint been changed to clarify that schools Direct Loan Program final regulations Federal income tax return with his or certify loan information in the Direct published on December 1, 1994, and her spouse or files a Federal income tax Loan Program by means of the December 1, 1995. The changes in this return separately from his or her spouse. origination process. Throughout this document do not establish any new In addition, to simplify the regulations, section, the word ‘‘certification’’ has rules. Therefore, the Secretary has language alluding to joint repayment for been changed to ‘‘origination.’’ This determined that publication of a married borrowers has been removed change in terminology does not reflect proposed rule is unnecessary and because the subject is addressed in a change in policy or procedures. In the contrary to the public interest under 5 greater detail in section 685.209(b). Federal Family Education Loan (FFEL) U.S.C. 553(b)(B). For the same reasons, The Secretary has also amended Program, a financial aid administrator the Secretary also waives the 30-day section 685.208(f)(2) to clarify that the signs the application, thereby certifying delayed effective date under 5 U.S.C. income contingent repayment plan in that the borrower is eligible. In the 553(d). Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31359

Executive Order 12866 requirements, Student aid, Vocational than or equal to $5.00, the amount education. payable by the borrower shall be $5.00. These final regulations have been reviewed in accordance with Executive (Catalog of Domestic Assistance Number: * * * * * 84.268, William D. Ford, Federal Direct Loan Order 12866. Under the terms of the § 685.301 [Amended] order, the Secretary has assessed the Program) potential costs and benefits of this Dated: June 12, 1996. 4. Section 685.301 is amended by regulatory action. Richard W. Riley, removing the word ‘‘certify’’ from the introductory text in paragraph (a)(6) and The potential costs associated with Secretary of Education. adding, in its place, ‘‘originate’’; and these final regulations are those The Secretary amends Part 685 of paragraph (a)(7) is amended by adding, resulting from statutory requirements Title 34 of the Code of Federal before the period at the end of the and those determined by the Secretary Regulations as follows: sentence, ‘‘or for the origination of a as necessary for administering the Direct Loan’’. program effectively and efficiently. PART 685Ð[AMENDED] 5. Appendix A is amended by revising Burdens specifically associated with the computations following Example 1, information collection requirements, if 1. The authority citation for Part 685 Steps 2, 3, and 4; revising the any, are identified and explained continues to read as follows: computations following Example 2, elsewhere in this preamble under the Authority: 20 U.S.C. 1087a et seq., unless Steps 3, 4, and 5; revising the heading Paperwork Reduction Act of otherwise noted. computations following the 1995. 2. Section 685.208 is amended by Interpolation; and by revising the charts In assessing the potential costs and of Income Percentage Factors (Based on benefits—both quantitative and revising paragraphs (f) (1) and (2) to read as follows: Annual Income), Income Contingent qualitative—of these final regulations, Repayment Plan (Sample First-Year the Secretary has determined that the § 685.208 Repayment plans. Monthly Repayment Amounts for a benefits of the regulations justify the * * * * * Single Borrower at Various Income and costs. (f) * * * Debt Levels), and Income Contingent The Secretary has also determined (1) Under the income contingent Repayment Plan (Sample First-Year that this regulatory action does not repayment plan, a borrower’s monthly Monthly Repayment Amounts for a unduly interfere with State, local, and repayment amount is generally based on Married or Head-of-Household Borrower tribal governments in the exercise of the total amount of the borrower’s Direct at Various Income and Debt Levels) to their governmental functions. Loans, family size, and Adjusted Gross read as follows: Paperwork Reduction Act of 1995 Income (AGI) reported by the borrower Appendix A to Part 685—Income These regulations have been for the most recent year for which the Contingent Repayment examined under the Paperwork Secretary has obtained income information. The borrower’s AGI * * * * * * Reduction Act of 1995 and have been Example 1. *** found to contain no information includes the income of the borrower’s spouse. A borrower shall make Step 2: *** collection requirements. • × payments on a loan until the loan is 84.46% (0.8446) 1,644.315=1,388.7884 Regulatory Flexibility Act Certification repaid in full or until the loan has been Step 3: *** in repayment through the end of the • $25,000¥$7,740=$17,260 The Secretary certifies that these • $17,260×0.20=$3,452 regulations will not have significant income contingent repayment period. (2) The regulations in effect at the Step 4: *** economic impact on a substantial • ÷ number of small entities. The time a borrower enters repayment and 1,388.7884 12=$115.73 regulations will affect borrowers who selects the income contingent Example 2. *** are in repayment. These regulations repayment plan or changes into the Step 3: *** • × contain technical amendments designed income contingent repayment plan from 91.27% (0.9127) 2,630.904=2,401.2261 to clarify and correct current another plan govern the method for Step 4: *** regulations. The changes will not have determining the borrowers’s monthly • $30,000¥$10,360=$19,640 a significant economic impact on any repayment amount for all of the • $19,640×0.020=$3,928 small entities under the Regulatory borrower’s Direct Loans, unless— Step 5: *** Flexibility Act. * * * * * • 2,401.2261÷12=$200.10 3. Section 685.209 is amended by Interpolation: *** Assessment of Educational Impact redesignating paragraphs (a) (6) through • $27,904¥$25,000=$2,904 The Secretary has determined that the (8) as (a) (7) through (9), respectively, * * * * * regulations in this document would not and adding a new paragraph (a)(6); and • 88.77¥84.46=4.31 require transmission of information that by removing ‘‘§ 685.209(a)(3)’’ in * * * * * is being gathered by or is available from paragraph (c)(6)(ii), and adding, in its • $26,000¥$25,000=$1,000 any other agency or authority of the place, ‘‘§ 685.209(c)(3)’’ to read as United States. * * * * * follows: • 1,000÷2,904=0.3444 List of Subjects in 34 CFR Part 685 § 685.209 Income contingent repayment * * * * * • × Administrative practice and plan. 0.3444 4.31=1.48 procedure, Colleges and universities, (a) * * * * * * * * • Education, Loan programs-education, (6) If a borrower’s monthly payment is 1.48+84.46=85.94% Reporting and recordkeeping calculated to be greater than $0 but less BILLING CODE 4000±01±P 31360 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31361 31362 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

[FR Doc. 96–15516 Filed 6–18–96; 8:45 am] BILLING CODE 4000±01±C federal register June 19,1996 Wednesday Awards forFiscalYear(FY)1996;Notice Notice InvitingApplicationsforNew Indian VocationalEducationProgram; Education Department of Part VIII 31363 31364 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

DEPARTMENT OF EDUCATION (c) An application from a Bureau- financial assistance for its operation funded school may be submitted under a contract or agreement with the [CFDA No: 84.101] directly to the Secretary. Bureau under section 102, 104(1), or 208 Deadline for Transmittal of of the Indian Self-Determination and Indian Vocational Education Program; Applications: August 2, 1996. Education Assistance Act (25 U.S.C. Notice Inviting Applications for New Available Funds: $11,482,511 for the 450f, 450h(1), and 458(d); or Awards for Fiscal Year (FY) 1996 first 12 months of the 24-month project (3) A school for which assistance is Notice to Applicants: This notice is a period. Funding for the second 12- provided under the Tribally Controlled complete application package. Together month period of the 24-month project Schools Act of 1988. with the statute authorizing the program period is subject to the availability of ‘‘Indian tribe’’ means any Indian tribe, and applicable regulations governing funds and to a grantee meeting the band, Nation, or other organized group the program, including the Education requirements of 34 CFR 75.253. or community, including any Alaska Department General Administrative Estimated Range of Awards: $250,000 Native village or regional or village Regulations (EDGAR), the notice to $500,000 for the first 12 months. corporation as defined in or established contains all of the information, Estimated Average Size of Awards: pursuant to the Alaska Native Claims application forms, and instructions $375,000. Settlement Act (85 Stat. 688) that is needed to apply for a grant under this Estimated Number of Awards: 31. federally recognized as eligible for the competition. Note: The Department is not bound by any special programs and services provided Purpose of Program: To provide estimates in this notice. by the United States to Indians because financial assistance to Indian tribes and of their status as Indians. Project Period: Up to 24 months. ‘‘Tribal organization’’ means the certain schools funded by the Applicable Regulations: (a) The recognized governing body of any Department of the Interior to plan, Education Department General Indian tribe or any legally established conduct, and administer projects, or Administrative Regulations (EDGAR) as organization of Indians that is portions of projects, that are authorized follows: controlled, sanctioned, or chartered by by and consistent with the Carl D. (1) 34 CFR Part 74 (Administration of that governing body or that is Perkins Vocational and Applied Grants to Higher Education, Hospitals democratically elected by the adult Technology Education Act of 1990 and Nonprofit Organizations). members of the Indian community to be (Act), as amended, 20 U.S.C. 2301 et (2) 34 CFR Part 75 (Direct Grant served by the organization and that seq. Programs). includes the maximum participation of Eligible Applicants: The following (3) 34 CFR Part 77 (Definitions that Indians in all phases of its activities. entities are eligible for an award under Apply to Department Regulations). However, in any case where a contract this program: (4) 34 CFR Part 80 (Uniform is let or grant made to an organization (a) A tribal organization of any Indian Administrative Requirements for Grants to perform services benefiting more than tribe that is eligible to contract with the and Cooperative Agreements to State one Indian tribe, the approval of each of Secretary of the Interior under the and Local Governments). those Indian tribes must be a Indian Self-Determination and (5) 34 CFR Part 81 (General Education prerequisite to the letting or making of Education Assistance Act or under the Provisions Act—Enforcement). that contract or grant. Act of April 16, 1934. (6) 34 CFR Part 85 (Government-wide (b) A Bureau-funded school offering a Debarment and Suspension Selection Criteria secondary program. (Nonprocurement) and Government- The Secretary uses the selection (c) Any tribal organization or Bureau- wide Requirements for Drug-Free criteria contained in 34 CFR 401.21 to funded school described in paragraphs Workplace (Grants)). evaluate applications for new grants (a) or (b) of this section may apply (7) 34 CFR Part 86 (Drug-Free Schools under this competition. Section 401.21 individually or as part of a consortium and Campuses). assigns a total of 85 points for these with one or more eligible tribal (b) The regulations for this program in criteria. Under section 401.20(b), the organizations or schools. 34 CFR parts 400 and 401. Secretary is authorized to distribute an When seeking to apply for funds as a Definitions additional 15 reserved points among the consortium, individual eligible criteria contained in section 401.21 for applicants must enter into an agreement Applicants are encouraged to take a maximum of 100 points for the signed by all members of the consortium particular note of the following selection criteria. The maximum score and designating one member of the definitions that are contained in 34 CFR for each criterion is indicated in consortium as the applicant and grantee. 401.5: parentheses. The consortium’s agreement must detail ‘‘Act of April 16, 1934’’ means the the activities each member of the Federal law commonly known as the Criteria consortium plans to perform, and must ‘‘Johnson-O’Malley Act,’’ that authorizes (a) Program factors. (25 points) The bind each member to every statement the Secretary of the Interior to make Secretary reviews each application to and assurance made in the consortium’s contracts for the education of Indians determine the extent to which it— application. The designated applicant and other purposes (25 U.S.C. 455–457). (1) Proposes measurable goals for must submit the consortium’s agreement ‘‘Bureau’’ means the Bureau of Indian student enrollment, completion, and with its application. Affairs, Department of the Interior. placement (including placement in jobs Submission of Applications: (a) An ‘‘Bureau-funded school’’ means— or military specialties and in continuing application from a tribal organization, (1) A Bureau-operated elementary or education or training opportunities) that other than a Bureau-funded school, secondary day or boarding school or a are realistic in terms of stated needs, must be submitted to the Secretary by Bureau-operated dormitory for students resources, and job opportunities in each the Indian tribe. attending a school other than a Bureau occupation for which training is to be (b) An application for a project to school; provided; serve more than one Indian tribe must (2) An elementary or secondary (2) Proposes goals that take into be approved by each tribe to be served. school or a dormitory that receives consideration any related goals or Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31365 standards developed for Job respect to anticipated enrollments, reported with respect to the Opportunities and Basic Skills (JOBS) completions, and placements; achievement of project goals for the programs (42 U.S.C. 681 et seq.) and Job (2) A management plan that describes enrollment, completion, and placement Training Partnership Act (JTPA) (29 the chain of command, how staff will be of participants. The data must be broken U.S.C. 1501 et seq.) training programs managed, how coordination among staff down by sex and by occupation for operating in the area, and, where will be accomplished, and timelines for which training was provided; appropriate, any goals set by the State each activity; and (3) The methods of evaluation are Board for vocational education for the (3) The way the applicant intends to appropriate for the project and, to the occupation and geographic area; use its resources and personnel to extent possible, are objective and (3) Describes, for each occupation for achieve each objective. produce data that are quantifiable; and which training is to be provided, how (d) Key personnel. (10 points). (4) The methods of evaluation provide successful program completion will be (1) The Secretary reviews each periodic data that can be used by the determined in terms of academic and application to determine the quality of project for ongoing program vocational competencies demonstrated key personnel the applicant plans to use improvement. by enrollees prior to completion and on the project, including— (h) Employment opportunities. (20 (i) The qualifications of the project any academic or work credentials points) The Secretary reviews each director; application to determine the quality of acquired by enrollees upon completion; (ii) The qualifications of each of the (4) Demonstrates the active the plan for job placement of other key personnel to be used on the participants who complete training commitment in the project’s planning project; and operation by advisory committees, under this program, including— (iii) The time, including justification (1) The expected employment tribal planning offices, the JOBS for the time that each one of the key opportunities (including any military program office, the JTPA program personnel, including the project specialties) and any additional director, and potential employers such director, will commit to the project; and educational or training opportunities as tribal enterprises, private enterprises (iv) Subject to the Indian preference that are related to the participants’ (on or off reservation), and other provisions of the Indian Self- training; organizations; Determination Act (25 U.S.C. 450 et (2) Information and documentation (5) Is targeted to individuals with seq.) that apply to grants and contracts concerning potential employers’ inadequate skills to assist those to tribal organizations, how the commitment to hire participants who individuals in obtaining new applicant, as part of its complete training; and employment; and nondiscriminatory employment (3) An estimate of the percentage of (6) Includes a thorough description of practices, will ensure that its personnel trainees expected to be employed the approach to be used, including some are selected for employment without (including self-employed individuals) in or all of the following components: regard to race, color, national origin, the field for which they were trained (i) Methods of participant selection. gender, age, or disabling condition. following completion of training. (ii) Assessment and feedback of (2) To determine personnel participant progress. qualifications, the Secretary considers— Special Considerations (iii) Coordination of vocational (i) The experience and training of key Under 34 CFR 401.20(e), in addition instruction, academic instruction, and personnel in project management and in to the 100 points to be awarded based support services such as counseling, fields particularly related to the on the selection criteria in 34 CFR transportation, and child care. objectives of the project; and 401.21, the Secretary awards: (iv) Curriculum and, if appropriate, (ii) Any other qualifications of key (a) Up to 5 points to applications approaches for providing on-the-job personnel that pertain to the quality of proposing exemplary approaches that training experience. the project. involve, coordinate with, or encourage (b) Need. (15 points) The Secretary (e) Budget and Cost Effectiveness. (5 tribal economic development plans; and reviews each application to determine points) The Secretary reviews each (b) Five points to applications from the extent to which the project application to determine the extent to tribally controlled community colleges which— addresses specific needs, including— that— (1) The budget is adequate to support (1) Are accredited or are candidates (1) The job market and related needs the project activities; (such as educational level) of the target for accreditation by a nationally (2) Costs are reasonable in relation to recognized accreditation organization as population; the objectives of the project and the an institution of postsecondary (2) Characteristics of that population, number of participants to be served; and vocational education; or including an estimate of those to be (3) The budget narrative justifies the (2) Operate vocational education served by the project; expenditures. programs that are accredited or are (3) How the project will meet the (f) Evaluation Plan. (10 points) The candidates for accreditation by a needs of the target population; and Secretary reviews each application to nationally recognized accreditation (4) A description of any ongoing and determine the quality of the evaluation organization and issue certificates for planned activities relative to those plan for the project, including the extent completion of vocational education needs, including, if appropriate, how to which— programs. the State plan developed under 34 CFR (1) The plan identifies, at a minimum, 403.30–403.34 is designed to meet those types of data to be collected and Additional Factors needs. reported with respect to the academic Under 34 CFR 401.22, the Secretary (c) Plan of operation. (15 points) The and vocational competencies may decide not to award a grant or Secretary reviews each application to demonstrated by participants and the cooperative agreement if— determine the quality of the plan of number and kind of academic and work (a) The proposed project duplicates an operation for the project, including— credentials acquired by participants effort already being made; or (1) The establishment of objectives who complete the training; (b) Funding the project would create that are clearly related to project goals (2) The plan identifies, at a minimum, an inequitable distribution of funds and activities and are measurable with types of data to be collected and under this part among Indian tribes. 31366 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

Instructions for Transmittal of Acknowledgment to each applicant. If an e. Notice to All Applicants. Applications applicant fails to receive the notification of application receipt within 15 days from the All applicants must submit ONE Applicants are required to submit one date of mailing the application, the applicant original signed application having an original and two copies of the grant should call the U.S. Department of Education ink signature on all forms and application. To aid with the review of Application Control Center at (202) 708– assurances and two copies of the applications, the Department 9494. application. Please mark each (3) The applicant must indicate on the encourages applicants to submit four application as original and copy. To aid additional copies of the grant envelope and—if not provided by the Department—in Item 10 of the Application with the review of applications, the application. The Department will not for Federal Assistance (Standard Form 424) Department encourages applicants to penalize applicants who do not provide the CFDA number—and suffix letter, if any— submit four additional copies of the additional copies. of the competition under which the grant application. The Department will (a) If an applicant wants to apply for application is being submitted. not penalize applicants who do not a grant under this competition, the Application Instructions and Forms provide additional copies. applicant must— No grant may be awarded unless a (1) Mail the original and two copies All forms and instructions are completed application form has been of the application on or before the included as Appendix A of this notice. received. deadline date to: U.S. Department of Questions and answers pertaining to Education, Application Control Center, this program are included, as Appendix FOR FURTHER INFORMATION CONTACT: Attention: (CFDA #84.101), Washington, B, to assist potential applicants. Gwen Washington or David Jones, D.C. 20202–4725. To apply for an award under this Special Programs Branch, Division of (2) Hand deliver the original and two program competition, your application National Programs, Office of Vocational copies of the application by 4:30 p.m. must be organized in the following and Adult Education, U.S. Department (Washington, D.C. time) on or before the order and include the following five of Education, 600 Independence deadline date to: U.S. Department of parts. The parts and additional materials Avenue, S.W. (Room 4512, Mary E. Education, Application Control Center, are as follows: Switzer Building), Washington, D.C. Attention: (CFDA #84.101), Room Part I: Application for Federal Assistance 20202–7242. Telephone (202) 205–9270. #3633, Regional Office Building #3, 7th (Standard Form 424 (Rev. 4–88)) and Individuals who use a and D Streets, S.W., Washington, D.C. instructions. telecommunications device for the deaf (b) An applicant must show one of the Part II: Budget Information—Non- (TDD) may call the Federal Information Construction Programs (ED Form No. 524) following as proof of mailing: Relay Service (FIRS) at 1–800–877–8339 and instructions. between 8 a.m. and 8 p.m. Eastern time (1) A legibly dated U.S. Postal Service Part III: Budget Narrative. postmark. Part IV: Program Narrative. Estimated Monday through Friday. (2) A legible mail receipt with the Public Reporting Burden. Information about the Department’s date of mailing stamped by the U.S. Part V: Additional Assurances and funding opportunities, including copies Postal Service. Certifications: of application notices for discretionary (3) A dated shipping label, invoice, or a. Assurances—Non-Construction grant competitions, can be viewed on receipt from a commercial carrier. Programs (Standard Form 424B). b. Certification regarding Debarment, the Department’s electronic bulletin (4) Any other proof of mailing Suspension, and Other Responsibility board (ED Board), telephone (202) 260– acceptable to the Secretary. Matters; and Drug-Free Workplace 9950; or on the Internet Gopher Server (c) If an application is mailed through Requirements (ED 80–0013) and instructions. at GOPHER.ED.GOV (under the U.S. Postal Service, the Secretary c. Certification regarding Debarment, Announcements, Bulletins and Press does not accept either of the following Suspension, Ineligibility and Voluntary Releases). However, the official as proof of mailing: Exclusion: Lower Tier Covered Transactions application notice for a discretionary (1) A private metered postmark. (ED Form 80–0014, 9/90) and instructions. grant competition is the notice (2) A mail receipt that is not dated by (Note: ED Form 80–0014 is intended for the published in the Federal Register. the U.S. Postal Service. use of grantees and should not be transmitted to the Department.) Program Authority: 20 U.S.C. 2313(b). Notes: (1) The U.S. Postal Service does not d. Disclosure of Lobbying Activities Dated: June 13, 1996. uniformly provide a date postmark. Before (Standard Form LLL)(if applicable) and Patricia W. McNeil, relying on this method, an applicant should instructions. This document has been marked check with its local post office. Assistant Secretary, Office of Vocational and to reflect statutory changes. See the notice Adult Education. (2) The Application Control Center will published by the Office of Management and mail a Grant Application Receipt Budget at 61 FR 1413 (January 19, 1996). 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Appendix A 31368 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31369 31370 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31371 31372 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

BILLING CODE 4000±01±C Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31373

Part II—Budget Information summary. For each line item (personnel, separately from the formal application fringe benefits, travel, etc.) in your budget, package are not considered in the review by Instructions for Part II—Budget Information explain why it is there and how you the technical review panels. (34 CFR 75.217) Sections A and B—Budget Summary by computed the costs. (b) The technical review panel evaluates Categories Please limit this section to no more than each application solely on the basis of the 1. Personnel: Show salaries to be paid to five pages. Be sure that each page of your selection criteria contained in this notice and personnel for each budget year. application is numbered consecutively. in 34 CFR 401.21 and the special 2. Fringe Benefits: Indicate the rate and Instructions for Part IV—Program Narrative considerations contained in this notice and amount of fringe benefits for each budget in 34 CFR 401.20(e). Letters of support The program narrative will comprise the year. included as appendices to the application largest portion of your application. This part 3. Travel: Indicate the amount requested that are of direct relevance to or contain for both local and out of State travel of is where you spell out the who, what, when, why, and how, of your proposed project. commitments that pertain to the established Project Staff for each budget year. Include selection criteria, such as commitment of funds for at least one trip for two people to Although you will not have a form to fill resources, will be reviewed by the panel. attend the Project Director’s Workshop. out for your narrative, there is a format. This 4. Equipment: Indicate the cost of non- format is based on the selection criteria. Paperwork Burden Statement expendable personal property that has a cost Because your application will be reviewed According to the Paperwork Reduction Act of $5,000 or more per unit for each budget and rated by a review panel on the basis of of 1995, no persons are required to respond year. the selection criteria, your narrative should 5. Supplies: Include the cost of consumable follow the order and format of the criteria. to a collection of information unless it supplies and materials to be used during the Before preparing your application, you displays a valid OMB control number. The project period for each budget year. should carefully read the legislation and valid OMB control number for this 6. Contractual: Show the amount to be regulations of the program, eligibility information collection is 1830–0013 used for: (1) procurement contracts (except requirements, special considerations, and the (Expiration date: 06/30/99). The time those which belong on other lines such as selection criteria for this competition. required to complete this information supplies and equipment); and (2) sub- Your program narrative should be clear, collection is estimated to average 90 hours contracts for each budget year. concise, and to the point. Begin the narrative per response, including the time to review 7. Construction: Not Applicable. with a one page abstract or summary of your instructions, search existing data resources, 8. Other: Indicate all direct costs not project. Then describe the project in detail, gather the data needed, and complete and clearly covered by lines 1 through 6 above, addressing each selection criterion in order. review the information collection. If you including consultants and capital The Secretary strongly suggests that you have any comments concerning the accuracy expenditures for each budget year. limit the program narrative to no more than of the time estimate(s) or suggestions for 9. Total Direct Cost: Show the total for 30 double-spaced, typed pages (on one side improving this form, please write to: U.S. Lines 1 through 8 for each budget year. only), although the Secretary will consider Department of Education, Washington, D.C. 10. Indirect Costs: Indicate the rate and your application if it is longer. Be sure to 20202–4651. If you have comments or amount of indirect costs for each budget year. number consecutively ALL pages in your concerns regarding the status of your 11. Training/stipend Cost: Indicate cost per application. individual submission of this form, write student and number of hours of instruction You may include supporting directly to: Gwen Washington or David Jones, (minimum wage is the basis for amount per documentation as appendices to the program Special Programs Branch, Division of narrative. Be sure that this material is concise hour—$4.25) for each budget year. National Programs, Office of Vocational and and pertinent to this program completion. 12. Total Costs: Show total for lines 9 Adult Education, U.S. Department of You are advised that— through 11 for each budget year. Education, 600 Independence Avenue, S.W. (a) The Secretary considers only (Room 4512 Mary E. Switzer Building), Instructions for Part III—Budget Narrative information contained in the application in Washington, D.C. 20202–7242. The budget narrative should explain, ranking applications for funding justify, and, if needed, clarify your budget consideration. Letters of support sent BILLING CODE 4000±01±P 31374 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31375 31376 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31377 31378 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31379 31380 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

BILLING CODE 4000±01±C Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31381

Notice to All Applicants might describe how it will make the on the unique elements of the various Thank you for your interest in this materials available on audio tape or in braille competitions. program. The purpose of this enclosure is to for students who are blind. Q. Will you help us prepare our inform you about a new provision in the (3) An applicant that proposes to carry out application? Department of Education’s General Education a model science program for secondary A. We are happy to provide general Provisions Act (GEPA) that applies to students and is concerned that girls may be program information. Clearly, it would not be applicants for new grant awards under less likely than boys to enroll in the course, appropriate for staff to participate in the Department programs. This provision is might indicate how it tends to conduct actual writing of an application, but we can section 427 of GEPA, enacted as part of the ‘‘outreach’’ efforts to girls, to encourage their respond to specific questions about Improving America’s Schools Act of 1994 enrollment. application requirements, evaluation criteria, (Pub. L. 103–382). We recognize that many applicants may and the priorities. Applicants should already be implementing effective steps to understand, however, that prior contact with To Whom Does This Provision Apply? ensure equity of access and participation in the Department is not required, nor will it in Section 427 of GEPA affects applicants for their grant programs, and we appreciate your any way influence the success of an new discretionary grant awards under this cooperation in responding to the application. program. ALL APPLICANTS FOR NEW requirements of this provision. Q. When will I find out if I’m going to be AWARDS MUST INCLUDE INFORMATION Estimated Burden Statement funded? IN THEIR APPLICATIONS TO ADDRESS A. You can expect to receive notification According to the Paperwork Reduction Act THIS NEW PROVISION IN ORDER TO within 3 to 4 months of the application of 1995, no persons are required to respond RECEIVE FUNDING UNDER THIS closing date, depending on the number of to a collection of information unless it PROGRAM. applications received and the number of displays a valid OMB control number. The Department competitions with similar What Does This Provision Require? valid OMB control number for this closing dates. Section 427 requires each applicant for information collection is 1801–0004 (Exp. 8/ Q. Once my application has been reviewed funds (other than an individual person) to 31/98). The time required to complete this by the review panel, can you tell me the include in its application a description of the information collection is estimated to vary outcome? steps the applicant proposes to take to ensure from 1 to 3 hours per response, with an A. No. Every year we are called by a equitable access to, and participation in, its average of 1.5 hours, including the time to number of applicants who have a legitimate federally-assisted program for students, review instructions, search existing data reason for needing to know the outcome of teachers, and other program beneficiaries resources, gather and maintain the data the panel review prior to official notification. with special needs. needed, and complete and review the Some applicants need to make job decisions, This section allows applicants discretion information collection. If you have any in developing the required description. The some need to notify a local school district, comments concerning the accuracy of the etc. Regardless of the reason, because final statute highlights six types of barriers that time estimate(s) or suggestions for improving can impede equitable access or participation funding decisions have not been made at that this form, please write to: U.S. Department of point, we cannot share information about the that you may address: gender, race, national Education, Washington, DC 20202–4651. origin, color, disability, or age. Based on local results of panel review with anyone. circumstances, you can determine whether Appendix B Q. Will my application be returned if I am these or other barriers may prevent your Potential applicants frequently direct not funded? students, teachers, etc. from equitable access questions to officials of the Department A. No. We no longer return unsuccessful or participation. Your description need not regarding application notices and applications. Thus, applicants should retain be lengthy; you may provide a clear and programmatic and administrative regulations at least one copy of the application. succinct description of how you plan to governing various direct grant programs. To Q. Can I obtain copies of reviewers’ address those barriers that are applicable to assist potential applicants, the Department comments? your circumstances. In addition, the has assembled the following most commonly A. Upon written request, reviewers’ information may be provided in a single asked questions followed by the comments will be mailed to unsuccessful narrative, or, if appropriate, may be Department’s answers. applicants. discussed in connection with related topics Q. Can we get an extension of the Q. Is travel allowed under these projects? in the application. deadline? A. Travel associated with carrying out the Section 427 is not intended to duplicate A. No. A closing date may be changed only project is allowed. Because we may request the requirements of civil rights statutes, but under extraordinary circumstances. Any the project director of funded projects to rather to ensure that, in designing their change must be announced in the Federal attend an annual project directors’ meeting, projects, applicants for Federal funds address Register and must apply to all applications. you may also wish to include a trip or two equity concerns that may affect the ability of Waivers for individual applications cannot to Washington, DC in the travel budget. certain potential beneficiaries to fully be granted regardless of the circumstances. Travel to conferences is sometimes allowed participate in the project and to achieve to Q. How many copies of the application when the purpose of the conference will be high standards. Consistent with program should I submit and must they be bound? of benefit and relates to the project. requirements and its approved application, A. Applicants are required to submit one Q. If my application receives high scores an applicant may use the Federal funds original and two copies of the grant from the reviewers, does that mean that I will awarded to it to eliminate barriers it application. To aid with the review of receive funding? identifies. applications, the Department encourages A. Not necessarily. It is often the case that applicants to submit four additional copies of the number of applications scored highly by What Are Examples of How an Applicant the grant application. The Department will the reviewers exceeds the dollars available Might Satisfy the Requirement of This not penalize applicants who do not provide for funding projects under a particular Provision? additional copies. The binding of competition. The order of selection, which is The following examples may help illustrate applications is optional. based on the scores of all the applications how an applicant may comply with section Q. We just missed the deadline for the XXX reviewed and other relevant factors, 427. competition. May we submit under another determines the applications that can be (1) An applicant that proposes to carry out competition? funded. an adult literacy project serving, among A. Yes, however, the likelihood of success Q. What happens during negotiations? others, adults with limited English is not good. A properly prepared application A. During negotiations technical and proficiency, might describe in its application must meet the specifications of the budget issues may be raised. These are issues how it intends to distribute a brochure about competition to which it is submitted. that have been identified during the panel the proposed project to such potential Q. I’m not sure which competition is most and staff reviews that require clarification. participants in their native language. appropriate for my project. What should I do? Sometimes issues are stated as ‘‘conditions.’’ (2) An applicant that proposes to develop A. We are happy to discuss any such These are issues that have been identified as instructional materials for classroom use questions with you and provide clarification so critical that the award cannot be made 31382 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices unless those conditions are met. Questions Q. How do I provide an assurance? material referenced in this notice should be may also be raised about the proposed A. Except for SF–424B, ‘‘Assurances—Non- referred to as follows: budget. Generally, these issues are raised Construction Programs,’’ you may provide an (1) The Carl D. Perkins Vocational and because an application contains inadequate assurance simply by stating in writing that Applied Technology Education Act (Pub. L. justification or explanation of a particular you are meeting a prescribed requirement. 101–302). budget item, or because the budget item Q. Where can copies of the Federal (2) Education Department General seems unimportant to the successful Register, program regulations, and Federal Administrative Regulations, 34 CFR parts 74, completion of the project. If you are asked to statutes be obtained? make changes that you feel could seriously A. Copies of these materials can usually be 75, 77, 79, 90, 81, and 85. affect the project’s success, you may provide found at your local library. If not, they can (3) 34 CFR parts 400 (Vocational and reasons for not making the changes or be obtained from the Government Printing Applied Technology Education Programs— provide alternative suggestions. Similarly, if Office by writing to Superintendent of General Provisions) and 401 (Indian proposed budget reductions will, in your Documents, U.S. Government Printing Office, Vocational Education Program) as published opinion, seriously affect the project activities, Washington, DC 20402. Telephone: (202) in the Federal Register on August 14, 1992 you may explain why and provide additional 708–8228. When requesting copies of (57 FR 36724). justification for the proposed expenses. An regulations or statutes, it is helpful to use the award cannot be made until all issues under specific name or public law, number of a [FR Doc. 96–15648 Filed 6–18–96; 8:45 am] negotiation have been resolved. statute, or part number of a regulation. The BILLING CODE 4000±01±P federal register June 19,1996 Wednesday Notice Support forDomesticTradeShows; Known astheForeignBuyerProgram); International BuyerProgram(Formerly International TradeAdministration Commerce Department of Part IX 31383 31384 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices

DEPARTMENT OF COMMERCE organizer specifying which services are in its judgment, most clearly meet the to be rendered by DOC as part of the IBP Department’s objectives and selection International Trade Administration and, in turn, what responsibilities are criteria mentioned below. Selection indicates that the [Docket Number 960611170±6170±01] agreed to be performed by the show organizer. Anyone wishing to apply will Department has found the event to be a RIN 0625±XX07 be sent a copy of the MOU along with leading domestic trade show the application package. The services to appropriate for promotion in overseas International Buyer Program (Formerly be rendered by DOC will be carried out markets by U.S. Embassies and Known as the Foreign Buyer Program); by the Commercial Service of the United Consulates. Selection does not Support for Domestic Trade Shows States of America unless otherwise constitute a guarantee by the U.S. Government of the show’s success. AGENCY: International Trade indicated. Selection is not an endorsement of the Administration, Commerce. DATES: Applications must be received by August 5, 1996. A contribution of show organizer except as to its ACTION: Notice and Call for Applications $6,000 for shows of five days or less in International Buyer Program activities. for the FY 1998 International Buyer duration is required. For shows of more Non-selection should not be viewed as Program (October 1, 1997, through than five days in duration or with an indication that the event will not be September 30, 1998). multiple International Business Centers successful in the promotion of U.S. exports. SUMMARY: This notice sets forth (IBC’s) the contribution is $8,000. objectives, procedures and application Contributions are for shows selected by Exclusions review criteria associated with the U.S. the IBP for inclusion in the FY 1998 program. Trade shows will not be considered Department of Commerce’s International that are either first-time or horizontal ADDRESSES: Buyer Program (IBP) to support Export Promotion Services/ (non-industry specific) events. Annual domestic trade shows: Selection in the International Buyer Program, trade shows will not be selected for this International Buyer Program for Fiscal Commercial Service of the United States program more than twice in any three- Year (FY) 1998. of America, International Trade year period (e.g., shows selected for The International Buyer Program was Administration, U.S. Department of fiscal years 1996 and 1997 are not established to bring international buyers Commerce, Room 2116, 14th and eligible for inclusion in this program in together with U.S. firms by promoting Constitution Avenue, N.W., fiscal year 1998, but can be considered leading U.S. trade shows in industries Washington, D.C. 20230. Telephone: in subsequent years). Notwithstanding with high export potential. The (202) 482–0481 (Facsimile applications any other provision of the law, no International Buyer Program emphasizes will not be accepted.) person is required to respond to, nor cooperation between the U.S. FOR FURTHER INFORMATION ON WHEN, shall any person be subject to a penalty Department of Commerce (DOC) and WHERE, AND HOW TO APPLY: Contact Jim for failure to comply with a collection trade show organizers to benefit U.S. Boney, Product Manager, International of information, subject to the firms exhibiting at selected events and Buyer Program, Room 2116, Export requirements of the PRA, unless that provides practical, hands-on assistance Promotion Services, U.S. and Foreign collection of information displays a to U.S. companies interested in Commercial Service, International Trade currently valid OMB Control Number. exporting such as export counseling and Administration, U.S. Department of The Office of Management and Budget market analysis. The assistance Commerce, 14th and Constitution has approved the information collection provided to show organizers includes Avenue, N.W., Washington, D.C. 20230. requirements of the application to this worldwide overseas promotion of Telephone: (202) 482–0148 or Fax: (202) program under the provisions of the selected shows to potential international 482–0115. Paperwork Reduction Act of 1980 (44 buyers, end-users, representatives and SUPPLEMENTARY INFORMATION: The U.S.C. 3501 et seq.) (OMB control no. distributors. The worldwide promotion International Trade Administration 0625–0151). is executed through the offices of the (ITA) of the U.S. Department of Public reporting burden for this Commerce Department’s Commercial Commerce is accepting applications for collection of information is estimated to Service of the United States of America the International Buyer Program (IBP) average 3 hours per response, including (formerly referred to as United States for events taking place between October the time for reviewing instructions, and Foreign Commercial Service) in 70 1, 1997, and September 30, 1998. searching existing data sources, countries representing America’s major Under the IBP, the Department seeks gathering and maintaining the data trading partners, and also in U.S. to bring international buyers together needed, and completing and reviewing Embassies in countries where the with U.S. firms by selecting domestic the collection of information. Send Commercial Service of the United States trade shows in industries with high comments regarding this burden of America does not maintain offices. export potential and promoting them in estimate or any other aspect of this The Department expects to select international markets. Selection of a collection of information, including approximately 22 shows for FY 1998 trade show is one-time, i.e., a trade suggestions for reducing this burden, to from among applicants to the program. show organizer seeking selection for a Reports Clearance Officer, International Shows selected for the International recurring event must submit a new Trade Administration, Room 4001, U.S. Buyer Program will provide an avenue application for selection for each Department of Commerce, Washington, for U.S. companies interested in occurrence of the event. If the event D.C. 20230 and to the Office of expanding their sales into international occurs more than once in the 12-month Information and Regulatory Affairs, markets. Successful applicants will be period covering this announcement, the Office of Management and Budget, required to enter into a Memorandum of trade show organizer must submit a Paperwork Reduction Project (0625– Understanding (MOU) that sets forth the separate application for each event. 0151), Washington, D.C. 20503. specific actions to be performed by the The Department will select show organizer and the DOC. The MOU approximately 22 events to support General Selection Criteria constitutes a participation agreement during this 12-month period. The Subject to Departmental budget and between the DOC and the show Department will select those events that, resource constraints, those events will Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31385 be selected that, in the judgment of the (d) Stature of the Show: The trade to the expected norms of an Department, most clearly meet the show is clearly recognized by the international-class trade show. following criteria: industry it covers as a leading event for (h) Cooperation: The applicant (a) Export Potential: The products and the promotion of that industry’s demonstrates a willingness to cooperate services to be promoted at the trade products and services both domestically with the Commercial Service of the show are from U.S. industries that have and internationally and as a showplace United States of America to fulfill the high export potential, as determined by for the latest technology or services in program’s goals and to adhere to target U.S. Department of Commerce sources, that industry. dates set out in the Memorandum of i.e., best prospects lists and U.S. export (e) Exhibitor Interest: There is a Understanding and the event timetable, statistics. (Certain industries are rated as demonstrated interest on the part of U.S. both of which are available from the priorities by our domestic and exhibitors in receiving international program office (see FOR FURTHER international commercial officers in business visitors during the trade show. INFORMATION ON WHEN, WHERE, AND HOW their Country Commercial Guides.) A significant number of these exhibitors TO APPLY). Past experience in the IBP (b) International Interest: The trade should be new-to-export or seeking to will be taken into account in evaluating show meets the needs of a significant expand sales into additional current applications to the program. number of overseas markets covered by international markets. Authority: The statutory authority allowing the Commercial Service of the United (f) Overseas Marketing: There has the Department to provide the type of States of America and corresponds to been demonstrated effort made to assistance contemplated under the marketing opportunities as identified by market prior shows overseas. In International Buyer Program is 15 U.S.C. the posts in their Country Commercial addition, the applicant should describe 4724. Guides (e.g. best prospects lists). in detail the international marketing John Klinglehut, Previous international attendance at the program to be conducted for the event, Deputy Director, Office of Public/Private show may be used as an indicator. explaining how efforts should increase Initiatives, The Commercial Services of the (c) Scope of the Show: The trade show individual and group international United States, International Trade offers a broad spectrum of U.S. made attendance. Administration, U.S. Department of products and/or services for the subject (g) Logistics: The trade show site, Commerce. industry. Trade shows with a majority facilities, transportation services and [FR Doc. 96–15587 Filed 6–18–96; 8:45 am] of U.S. firms will be given preference. availability of accommodations conform BILLING CODE 3510±FP±P i

Reader Aids Federal Register Vol. 61, No. 119 Wednesday, June 19, 1996

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Public inspection announcement line 523±5215 the revision date of each title. 982...... 29924 Laws 3 CFR 985...... 2945 Proclamations: Public Laws Update Services (numbers, dates, etc.) 523±6641 997...... 29926 6902...... 28465 For additional information 523±5227 998...... 29927 6903...... 29633 999...... 31306 Presidential Documents 6904...... 30797 1208...... 30498 523±5227 Executive orders and proclamations Executive Orders: 1230...... 28002 The United States Government Manual 523±5227 October 22, 1854 1240...... 29461 (Revoked in part by Other Services PLO 7022)...... 29758 Proposed Rules: 457...... 27512 Electronic and on-line services (voice) 523±4534 February 1, 1886 (See Privacy Act Compilation 523±3187 PLO 7148)...... 29129 TDD for the hearing impaired 523±5229 April 13, 1912 8 CFR (Revoked by PLO 103...... 28003 7200) ...... 29758 299...... 28003 ELECTRONIC BULLETIN BOARD December 31, 1912 Proposed Rules: Free Electronic Bulletin Board service for Public Law numbers, (Revoked in part by 214...... 30188 Federal Register finding aids, and list of documents on public PLO 7199)...... 29128 273...... 29323 inspection. 202±275±0920 12880...... 28721 12963 (Amended by 9 CFR FAX-ON-DEMAND EO 13009)...... 30799 Proposed Rules: You may access our Fax-On-Demand service. You only need a fax 13008...... 28721 1...... 30545 machine and there is no charge for the service except for long 13009...... 30799 3...... 30545 distance telephone charges the user may incur. The list of Administrative Orders: 92...... 27797, 28073 documents on public inspection and the daily Federal Register’s Presidential Determinations: 95...... 30189 table of contents are available using this service. The document 96±27 of May 28, 101...... 29462 numbers are 7050-Public Inspection list and 7051-Table of 1996 ...... 29001 112...... 29462 Contents list. The public inspection list will be updated 96±28 of May 29, immediately for documents filed on an emergency basis. 1996 ...... 29453 10 CFR 96±29 of May 31, NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 30...... 29636 1996 ...... 29455 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 40...... 29636 96±30 of June 3, public inspection may be viewed and copied in our office located 50...... 30129 1996 ...... 29457 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 51...... 28467 96±31 of June 6, telephone number is: 301±713±6905 70...... 29636 1996 ...... 30127 71...... 28723 FEDERAL REGISTER PAGES AND DATES, JUNE Memorandums: 72...... 29636 96±26 of May 22, 1703...... 28725 1996 ...... 27767 27767±27994...... 3 Proposed Rules: 27995±28466...... 4 5 CFR 34...... 30837 28467±28722...... 5 532...... 27995, 27996 150...... 30839 28723±29000...... 6 170...... 30839 Proposed Rules: 29001±29266...... 7 430...... 28517 2429...... 28797 29267±29458...... 10 2470...... 28797 12 CFR 29459±29632...... 11 2471...... 28798 29633±29922...... 12 2472...... 28798 219...... 29638 29923±30126...... 13 2473...... 28798 336...... 28725 30127±30494...... 14 747...... 28021 7 CFR 30495±30796...... 17 Proposed Rules: 30797±31002...... 18 6...... 28723 204...... 30545 31003±31386...... 19 10...... 30495 229...... 27802 29 ...... 27997, 29923, 29924 545...... 29976, 30190 301...... 31003 556...... 30190 610...... 27998 559...... 29976 911...... 31004 560...... 29976, 30190 915...... 31004 563...... 29976, 30190 916...... 31006 567...... 29976 917...... 31006 571...... 29976, 30190 922...... 30495 703...... 29697 928...... 28000 704...... 28085 929...... 30497 709...... 28085 946...... 31006 741...... 28085 948...... 29635 1270...... 29592 ii Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Reader Aids

14 CFR 230...... 30405 20...... 28116 277...... 27833 1...... 31324 239...... 30405 56...... 28116 278...... 27833 25...... 28684 240...... 30405 58...... 28116 290...... 29044 249...... 30405 70...... 29701 27...... 29928, 29931 26 CFR 29...... 29931 274...... 30405 71...... 29701 33...... 28430, 31324 80...... 29701 1...... 30133 18 CFR 26...... 29653 39 ...... 28028, 28029, 28031, 101 ...... 28525, 29701, 29708 35...... 30509 40...... 28053 28497, 28498, 28730, 28732, 107...... 29701 37...... 30804 48...... 28053 28734, 28736, 28738, 29003, 170...... 29701, 29711 385...... 30509 602...... 30133 29007, 29009, 29267, 29269, 171...... 29701, 29711 172...... 29701, 29711 Proposed Rules: 29271, 29274, 29276, 29278, 19 CFR 29279, 29465, 29467, 29468, 173...... 29701, 29711 1 ...... 27833, 27834, 28118, 10...... 28932 29641, 29642, 29931, 29932, 174...... 29701 28821, 28823, 30845 12...... 28500, 28932 29934, 30501, 30505, 30801, 175...... 29701, 29711 26...... 29714 102...... 28932 31007, 31009 176...... 29711 31...... 28823 134...... 28932 71 ...... 28033, 28034, 28035, 177...... 29701, 29711 35a...... 28823 178...... 28500 28036, 28037, 28038, 28039, 178...... 29701, 29711 301 ...... 28823, 29653, 30012 28040, 28041, 28042, 28043, Proposed Rules: 182...... 29711 502...... 28823 28044, 28045, 28740, 28741, 19...... 28808 184...... 29701, 29711 503...... 28823 28742, 28743, 29472, 29645, 101...... 30552 200...... 29502 509...... 28823 29336, 29937, 29938, 30507, 113...... 28808 250...... 29502 513...... 28823 30670, 30803, 31013, 31014, 122...... 30552 310...... 29502 514...... 28823 31015, 31016, 31017, 31018, 132...... 28522 343...... 30002 516...... 28823 31019, 31020 144...... 28808 730...... 29708 517...... 28823 73 ...... 30508, 31021, 31022 151...... 28522 864...... 30197 520...... 28823 91...... 28416 351...... 28821 1250...... 29701 521...... 28823 95...... 27769 353...... 28821 602...... 29653 355...... 28821 22 CFR 97...... 29015, 29016 27 CFR 119...... 30432 50...... 29651 20 CFR 9...... 29949, 29952 121 ...... 28416, 30432, 30726, 51...... 29940 404...... 28046, 31022 24...... 31029 30734 81...... 29940 416...... 31022 70...... 29954, 31029 125...... 28416 82...... 29940 71...... 29954 135 ...... 28416, 30432, 30734 21 CFR 83...... 29940 170...... 31029 302...... 29282 84...... 29940 14...... 28047, 28048 85...... 29940 200...... 29956 373...... 29284 70...... 28525 399 ...... 29018, 29645, 29646 86...... 29940 Proposed Rules: 73...... 28525 0...... 30013 Proposed Rules: 87...... 29940 74...... 28525 5...... 30015 Ch. I ...... 28803 88...... 29940 80...... 28525 18...... 30017 39 ...... 28112, 28114, 28518, 89...... 29941 81...... 28525 20...... 30019 28520, 29038, 29499, 29501, 514...... 29285 82...... 28525 22...... 30019 29697, 29992, 29994, 29996, Proposed Rules: 100...... 27771 70...... 30013 30548, 31059, 31061 603...... 30009 101...... 27771, 28525 250...... 30021 71 ...... 28803, 29449, 29699, 103...... 27771 23 CFR 29700, 30550, 30842, 30843, 104...... 27771 28 CFR 31063, 31064, 31065, 31066, 1206...... 28745 105...... 27771 Proposed Rules: 31067, 31068, 31069 1215...... 28747 109...... 27771 74...... 29715, 29716 121...... 29000, 30551 137...... 27771 1230...... 28750 135...... 30551 161...... 27771 Proposed Rules: 29 CFR 250...... 27818 163...... 27771 655...... 29234, 29624 1915...... 29957 777...... 30553 15 CFR 172...... 27771 1952...... 28053 175...... 29474 24 CFR 2619...... 30160 902...... 31228 177...... 28049, 29474 2676...... 30160 Ch. XII...... 30509 3500 ...... 59238, 29255, 29258, 178...... 28051, 28525 Proposed Rules: Proposed Rules: 182...... 27771 29264 102...... 30570 902...... 29628 186...... 27771 Proposed Rules: 1904...... 27850 946...... 28804 189...... 29650 35...... 29170 1915...... 28824 197...... 27771 36...... 29170 16 CFR 1952...... 27850 200...... 29476 37...... 29170 2509...... 29586 305...... 29939 201...... 28525 1010...... 29646 250...... 29476 25 CFR 30 CFR 1019...... 29646 310...... 29476 65...... 27780 75...... 29287 Proposed Rules: 520 ...... 29477, 29650, 31027 66...... 27780 943...... 30805 419...... 29039 522 ...... 29478, 29479, 29480, 76...... 27780 Proposed Rules: 31027, 31028 Proposed Rules: 17 CFR 218...... 28829 556...... 29477, 31028 1...... 27821 250...... 28525 210...... 30397 558 ...... 29477, 29481, 30133 150...... 27822 256...... 28528 228...... 30376, 30397 700...... 27771 154...... 30559 935...... 29504 229...... 30376, 30397 701...... 28525 161...... 29285 946...... 29506, 31071 230...... 30397 Proposed Rules: 162...... 30560 232...... 30397 1...... 28116 166...... 27824 31 CFR 239...... 30397 2...... 28116 175...... 29040 Proposed Rules: 240 ...... 30376, 30396, 30397 3...... 28116 217...... 27831 356...... 31072 249...... 30376, 30397 5...... 28116 271...... 27833 Proposed Rules: 10...... 28116 272...... 27833 33 CFR 1...... 28806 12...... 28116 274...... 27833 3...... 29958 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Reader Aids iii

62...... 27780, 29449 186...... 30171 110...... 28260 193...... 27789 100 ...... 27782, 28501, 28502, 264...... 28508 111...... 28260 225...... 30940 28503, 29019 265...... 28508 112...... 28260 541...... 29031 117...... 29654, 29959 270...... 28508 113...... 28260 565...... 29031 165 ...... 28055, 29020, 29021, 271...... 28508 161...... 28260 567...... 29031 29022, 29655, 29656 300 ...... 27788, 28511, 29678, Proposed Rules: 571 ...... 28423, 29031, 29493, 30510 10...... 31332 34 CFR 30824 799...... 29486 15...... 31332 574...... 29493 535...... 31350 Proposed Rules: 47 CFR 1039...... 29036 562...... 31350 35...... 30472 1150...... 29973 600...... 29898 50...... 29719 Ch. I ...... 30531 1312...... 30181 668 ...... 29898, 29960, 31035 52 ...... 28531, 28541, 29508, 0...... 29311, 31044 685...... 29898, 31358 29515, 29725, 30023, 30024, 2...... 31044 Proposed Rules: 6...... 28831 Proposed Rules: 31073 15 ...... 29679, 30532, 31044 701...... 27990 62...... 29725 22...... 29679, 31051 10...... 29522 63...... 30846 24...... 29679 214...... 31085 36 CFR 70...... 30570 73 ...... 28766, 29311, 29491, 223...... 30672 6...... 28504 73...... 28830, 28996 29492 229...... 30672 7...... 28505, 28751 81 ...... 28541, 29508, 29515, 74...... 28766 232...... 30672 17...... 28506 29726 76...... 28698, 29312 238...... 30672 Proposed Rules: 180 ...... 28118, 28120, 30200, 90...... 31051 391...... 28547 7...... 28530 30202, 30204, 31073, 31075, 95...... 28768 571 ...... 28123, 28124, 28550, 31077, 31079, 31081 101...... 29679, 31051 28560, 29337, 30209, 30586, 37 CFR 185...... 31081 Proposed Rules: 30848, 31086 201...... 30845 186...... 30204 Ch. I ...... 30579 581...... 30848 270...... 30472 Proposed Rules: 0...... 28122 271...... 30472 36...... 30028, 30847 202...... 28829 50 CFR 300...... 30207, 30575 64...... 30581 38 CFR 41 CFR 69...... 30028, 30847 Ch. VI...... 30543 1 ...... 29023, 29024, 29481, 73 ...... 30584, 30585, 31083, 17...... 31054 Proposed Rules: 31084, 31085 36...... 29495 29657 101±20...... 30028 2...... 27783 76...... 29333, 29336 216...... 27793 6...... 29024 42 CFR 80...... 28122 230...... 29628 7...... 29025 247...... 27793 Proposed Rules: 48 CFR 8...... 29289 72...... 29327 285...... 30182, 30183 8a...... 29027 412...... 29449 911...... 30823 301...... 29695, 29975 14...... 27783 413...... 29449 952...... 30823 620...... 27795 17...... 29293 489...... 29449 970...... 30823 656...... 29321 20...... 29027 1452...... 31053 663...... 28786, 28796 21 ...... 28753, 28755, 29028, 43 CFR 1453...... 31053 671...... 31228 29294, 29297, 29449 2120...... 29030 Proposed Rules: 672 ...... 28069, 28070, 31228 36...... 28057 4100...... 29030 45...... 27851 673...... 31228 4600...... 29030 52...... 27851 39 CFR 675 ...... 27796, 28071, 28072, Proposed Rules: 1501...... 29314 29696, 30544, 31228 233...... 28059 6000...... 28546 1509...... 29314 676...... 31228 1510...... 29314 40 CFR 6100...... 28546 677...... 31228 6200...... 28546 1515...... 29314 679...... 31228 15...... 28755 6300...... 28546 1528...... 29493 697...... 29321 32...... 28755 6400...... 28546 1532...... 29314 Proposed Rules: 51...... 30162 6500...... 28546 1552...... 29314, 29493 17 ...... 28834, 29047, 30209, 52 ...... 28061, 29483, 29659, 6600...... 28546 1553...... 29314 30588 29662 29961, 29963, 29965, 7100...... 28546 49 CFR 29970, 31035 7200...... 28546 20...... 30114, 30490 55...... 28757 7300±9000...... 28546 Ch. I ...... 30444 216...... 30212 60...... 29485, 29876 8000...... 29678 106...... 30175 217...... 30588 62...... 29666 8300...... 29679 107...... 27948 227...... 30588 63 ...... 27785, 29485, 29876, 130...... 30533 285...... 30214 30814, 30816 44 CFR 171...... 28666 625...... 27851 73...... 28761 64...... 28067 172...... 28666 641...... 29339 80 763 65...... 29488, 29489 173...... 28666 650...... 27862 81...... 29667, 29970 67...... 29490 174...... 28666 651 ...... 27862, 27948, 30029 82...... 29485 Proposed Rules: 178...... 28666 669...... 30589 152...... 30163 67...... 29518 179...... 28666 675...... 29726 180 ...... 29672 29674, 29676, 190...... 27789 676...... 29729 30163, 30165, 30167, 30170, 46 CFR 191...... 27789 30171, 31037 108...... 28260 192 ...... 27789, 28770, 30824 iv Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Reader Aids

REMINDERS SOCIAL SECURITY Washington; comments due standards; comments due The rules and proposed rules ADMINISTRATION by 6-24-96; published 5- by 6-24-96; published 4- in this list were editorially Supplemental security income: 23-96 25-96 compiled as an aid to Federal Aged, blind, and disabled-- Clean Air Act: Truth in lending (Regulation Register users. Inclusion or Vocational rehabilitation State operating permits Z): exclusion from this list has no services payments; programs-- Creditor-liability rules for legal significance. published 6-19-96 Vermont; comments due closed-end loans secured by 6-27-96; published by real property or COMMENTS DUE NEXT 5-24-96 dwellings (consummated RULES GOING INTO on or after September 30, WEEK Hazardous waste program EFFECT TODAY authorizations: 1995); comments due by 6-24-96; published 5-24- Kentucky; comments due by AGRICULTURE AGRICULTURE 96 DEPARTMENT 6-24-96; published 5-23- DEPARTMENT GENERAL SERVICES Animal and Plant Health 96 Animal and Plant Health ADMINISTRATION Inspection Service Tennessee; comments due Inspection Service Federal Acquisition Regulation Plant-related quarantine, by 6-24-96; published 5- Livestock and poultry disease 23-96 (FAR): control: domestic: Karnal bunt disease-- Pesticides; tolerances in food, Federal Acquisition Animals destroyed because animal feeds, and raw Streamlining Act of 1994; California; comments due of tuberculosis-- agricultural commodities: implementation-- Federal indemnity by 6-24-96; published 4-25-96 Methyl esters of tall-oil fatty Commercially available payments for cattle, acids; comments due by off-the-shelf item Plant-related quarantine, bison, and cervids; 6-28-96; published 5-29- acquisition; comments foreign: published 5-20-96 96 due by 6-28-96; Fruits and vegetables; ENVIRONMENTAL Metolachlor; comments due published 5-13-96 PROTECTION AGENCY importation; comments due by 6-28-96; published by 6-24-96; published 5- Late offers consideration; Pesticides; tolerances in food, 4-29-96 24-96 comments due by 6-24- animal feeds, and raw FEDERAL 96; published 4-25-96 agricultural commodities: ARMS CONTROL AND DISARMAMENT AGENCY COMMUNICATIONS HEALTH AND HUMAN 1,1,1,2-Tetrafluoroethane; COMMISSION SERVICES DEPARTMENT published 6-19-96 Service of process, production of official information, and Radio services, special: Food and Drug Aluminum tris (O- agency employees Maritime services-- Administration ethylphosphonate); testimony; comments due by Food for human consumption: published 6-19-96 Large cargo and small 6-28-96; published 5-28-96 passenger ships; radio Food standards of identity, Oxidized pine lignin, sodium installation inspection; quality and container fill salt; published 6-19-96 COMMERCE DEPARTMENT National Oceanic and comments due by 6-24- and common or unusual Quizalofop ethyl; published 96; published 6-4-96 name for nonstandardized 6-19-96 Atmospheric Administration Fishery conservation and Radio stations; table of foods; comments due by HEALTH AND HUMAN management: assignments: 6-28-96; published 5-1-96 SERVICES DEPARTMENT Alaska scallop; comments Minnesota; comments due HOUSING AND URBAN Food and Drug due by 6-28-96; published by 6-28-96; published 5- DEVELOPMENT Administration 5-3-96 14-96 DEPARTMENT Animal drugs, feeds, and Summer flounder; comments Nevada; comments due by Federal regulatory review: related products: due by 6-24-96; published 6-27-96; published 5-10- Hearing procedures; New drug applications-- 5-7-96 96 streamlining; comments Neomycin sulfate soluble DEFENSE DEPARTMENT Virginia; comments due by due by 6-24-96; published powder; published 6-19- Federal Acquisition Regulation 6-24-96; published 5-7-96 4-23-96 96 (FAR): FEDERAL DEPOSIT Manufactured home Oxytetracycline injecion; Federal Acquisition INSURANCE CORPORATION construction and safety published 6-19-96 Streamlining Act of 1994; Government securities sales standards: Spectinomycin injection; implementation-- practices: Transportation of published 6-19-96 Commercially available Banks' conduct of business manufactured homes; Human drugs: off-the-shelf item as government securities overloading of tires by up Cold, cough, allergy, acquisition; comments brokers or dealers; to 18 percent; comments bronchodilator, and due by 6-28-96; standards; comments due due by 6-24-96; published antiasthmatic products published 5-13-96 by 6-24-96; published 4- 4-23-96 (OTC)-- Late offers consideration; 25-96 INTERIOR DEPARTMENT Bronchodilator products; comments due by 6-24- Securities transactions; Fish and Wildlife Service aerosol containers, 96; published 4-25-96 recordkeeping and Endangered and threatened pressurized metered confirmation requirements; ENVIRONMENTAL species: dose; monograph PROTECTION AGENCY comments due by 6-24-96; amendment; published Northern spotted owl; Air quality implementation published 5-24-96 5-20-96 comments due by 6-27- plans; approval and FEDERAL RESERVE 96; published 6-17-96 INTERIOR DEPARTMENT promulgation; various SYSTEM INTERIOR DEPARTMENT Minerals Management States: Membership of State banking Service North Carolina; comments institutions and international Minerals Management Outer Continental Shelf; oil, due by 6-24-96; published banking operations Service gas, and sulphur operations: 5-23-96 (Regulations H and K): Outer Continental Shelf; oil, Liquid hydrocarbons; flaring Pennsylvania; comments Banks conduct of business gas, and sulphur operations: or venting gas and due by 6-28-96; published as government securities Lessees; flexibility in burning; published 5-20-96 6-11-96 brokers or dealers; keeping leases in force Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Reader Aids v

beyond primary term; materials; preservation, Louisiana; comments due by Class E airspace; comments comments due by 6-24- protection, and access 6-25-96; published 4-26- due by 6-28-96; published 96; published 4-25-96 procedures; comments due 96 5-29-96 by 6-24-96; published 4-23- Regattas and marine parades: JUSTICE DEPARTMENT TRANSPORTATION 96 Connecticut River Raft Prisons Bureau DEPARTMENT Inmate conrol, custody, care, NATIONAL CREDIT UNION Race; comments due by etc.: ADMINISTRATION 6-27-96; published 5-13- Federal Highway 96 Intensive confinement center Credit unions: Administration program; comments due Investment and deposit TRANSPORTATION Motor carrier safety by 6-25-96; published 4- activities; comments due DEPARTMENT regulations: 26-96 by 6-26-96; published 3-5- Federal Aviation Parts and accessories LIBRARY OF CONGRESS 96 Administration Airworthiness directives: necessary for safe Procedures and services: NUCLEAR REGULATORY Aerospace Technologies of operation-- Library materials acquisition COMMISSION Australia; comments due by non-purchase means Manufactured homes Production and utilization by 6-28-96; published 3- and surplus library facilities; domestic licensing: transportation; 22-96 overloading of tires by materials disposition; Nuclear power plants-- comments due by 6-24- Boeing; comments due by up to 18 percent; Decommissioning; 96; published 5-23-96 6-24-96; published 4-25- comments due by 6-24- financial assurance 96 96; published 4-23-96 NATIONAL AERONAUTICS requirements; comments Fairchild; comments due by AND SPACE due by 6-24-96; 6-24-96; published 4-26- Right-of-way and environment: ADMINISTRATION published 4-8-96 96 Right-of-way program Federal Acquisition Regulation SOCIAL SECURITY Hamilton Standard; administration; obsolete (FAR): ADMINISTRATION comments due by 6-24- and redundant regulations Federal Acquisition Supplementary security 96; published 4-24-96 removed; comments due Streamlining Act of 1994; income: Hartzell Propeller Inc.; by 6-24-96; published 4- implementation-- Aged, blind, and disabled-- comments due by 6-25- 25-96 Commercially available 96; published 4-26-96 Administration fees for off-the-shelf item Learjet; comments due by TREASURY DEPARTMENT making State acquisition; comments 6-24-96; published 5-13- supplementary Comptroller of the Currency due by 6-28-96; 96 published 5-13-96 payments and interest Government securities sales on such payment funds; New Piper Aircraft, Inc.; Late offers consideration; comments due by 6-25- practices: comments due by 6-24- comments due by 6-25- 96; published 4-26-96 96; published 4-25-96 Banks' conduct of business 96; published 4-25-96 SAAB; comments due by 6- as government securities NATIONAL ARCHIVES AND TRANSPORTATION 24-96; published 4-25-96 brokers or dealers; RECORDS ADMINISTRATION DEPARTMENT Class B airspace; comments standards; comments due Nixon administration Coast Guard due by 6-24-96; published by 6-24-96; published 4- presidential historical Drawbridge operations: 5-10-96 25-96